The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1908-02-22
Bureaucratic Government Showing
Its Hand

DNAOAO ~. SupSl flSOE
Grandjean of the U. S. Forestry SER
vice, has applied to the state engi-
neers ONCE for the appropriation of
the waters OF the following streams:
Cabin creek, Huckleberry creek,
north fork of Wood river, Green
Horn creek, Shake creek, Long Gulch
creek, Paradise creek, Deer creek,
Warm Springs creek, Lick creek,
Dooly creek, Beaver creek, Wilson
creek, Boulder creek, Iron creek,
Garfield creek, Eight Mile creek, Sill
VI creek, north fork of east fork of
Wood river. Supervisor Grand jean
notines the state engineers Office that
the forestry service had decided to
appropriat the waters mentioned,
stating that it was unnecessary for
the service to further comply with
the state laws governing the subject,
and unnecessary to secure the usual
state authorization. State Engineer
Stephenson has referred the demand
to Attorney-general Guheen, who, in
reJoinder, has called the forestry
services attention to it's own publ
cation which says, under the cap
ton ITO the Users of Water" What
happens to the users of water?
Nothing, except that the flow is
steadier. The creation of a national
forest has no effect whatever upon
the laws which govern the appropri-
alton of water. This is a matter gov
erned entirely by state and territor-
ial laws" 1t is very interesting to
have the subject referred back to the
bureau for the explanation in exact
ly the fashion that it has been re-
ferred back. But regardless of that,
the information given by the bureau
that the laws governing the appro-
priation of water are not affected by
the creation or otherwise of forest
reserves is doubtless correct. The
use of public waters, except naviga-
Bile streams, inheres in the state. Per-
sons holding absolute title to the ad-
Jacent or contiguous lands can only
acquire water rights by complying
with certin requirements. Even if
the federal government held title to
the forest reserves it would still,
doubtless, have to acquire water
rights by due process of law. But
the federal government holds title
to building sites, military posts, nav
al stations, and the like. The forest
reserves are public lands and their
withdrawal from entry does not vest
title or ownership in the government,
or in any department thereof. The
forestry services demand, therefore,
that the title to the water rights of
streams penetrating the reserves be
forthwith vested in itself seems very
much like an absurdity, but no more
of an absurdity than is to be expect
ed with Saving the country" in this
particular direction. The humor of
this special situation, however, is not
the best side of it but the best side
is found in the fact that the outlaw
ry and denominations of the whole
contemplate scheme are SO soon
coming to the front and in a manner
that can not fail to call for due ju-
dicial determination There is no
reason whatever to fear but that in
all good time the territory now
known as forest reserves Is going to
be administered under the law and
not under the dictum of one or
another petty little satrap. 1t does
not alter the fact that as things now
stand there are those in the highest
places as well as in the lowest places
who are doing their level best,
whether they know 1t or not, to de-
feat the law, to evade the law, to set
'S'NN 'hN io", anu IhuS W SSI dSlut
the rights of others, for under the
common covenant all our rights are
defined and limited by the law.
Then will the West have its heaviest
load removed but all sections and
classes and industries will emerge
from their prostration and gloom I'M
der government by denunciation and
recree, whereof no man can tell
what a day may bring forth, into
government by law and thru the pro-
cesses the people have organized for
conduction of their common affairs.
Lewiston Tribune.