The new era., 1909-09-30
UNITED STATES IRRIGATION BEN.
EFITING PRIVATE OWNERS
MAY CAUSE A JAR.
Illegally IS HINTED
ATTORNEY GENERAL EXPECTS
TO ISSUE OPINION OF STATES
OF CERTAIN PROJECTS.

Washington, d. C.-In the overhaul
ing Secretary of the Interior Ballin-
ger is giving his department there
soon is to present itself question OF
policy in the reclamation service, the
settlement of which may shake that
branch to its foundations.
Through legal channels the govern
ment recently has been confronted
with the proposition that the erected
irrigation projects for the betterment
of lands held in purely private owner.
ship never was authorized by Con-
gress, and it is understood that the
attorney general will soon be request
ed to issue ar opinion thereon.
The matter came to the attention OF
Ballinger through his discovery that
at least three of the big government
irrigation systems in the West were
erected at points where scarcely an
acre of land was open to public entry,
and that the percentage of genuine
public land surrounding certain other
projects was small.
The government reclamation system
at Garden City. Kas.. has been cited
| recently as an instance where the recla-
| nation service overstepped its author
ity in furnishing a means Of irrigation
where no public lands existed. The
government at this point established
pumping system and brought into use
considerable flow of underground
water, which has been made use of
under the terms of the irrigation law.
by land owners in that vicinity.
A short time ago, it is reported. the
United States Sugar and Land Com
pany established a similar system for
the irrigation of large tracts of land
1t owns near Garden City. This plant.
1t is alleged, has made serious inroads
into the water supply the government
has been supplying, and suit has been
filed against the private concern.
As a counter bill, it ia understood.
the sugar and land company presented
the charge that the establishment of
government project at Garden City
was Illegal, for the reason that not
public but private lands were re-
claimed. 1t is contended that while
the irrigation law of 1902 makes
no scpcfic provision that pro-
jects shall not be erected for
1.-The Reclamation Of private lands
gress show that the full intention OF
the law makers was to establish q
statute for the benefit Of public lands
which could be reclaimed and issued
to bona fide settlers
1t Is admitted at the offices of the
reclamation service in Washington
that the government in several in
stances has needed the appeals of To-
calities where private irrigation works
were established years ago and failed.
With cultivated areas threatened with
annlhilatton and return to desert con-
ditions. the communities have brought
such pressure to bear upon the serv-
ice that he has yielded and saved
them from destruction by establish
ing government projects for their use.
The irrigation system at Carlsbad, N
| M, is cited as one OF these. At this
place the government reconstructed
the Avalon and Mcmillan reservoirs.
In regard to this project the last an
nual report of the director of the serv-
ice states:
"Of the 20,073 acres of land opened
by public notice of December IL, 1907,
20,053 are private and 20 public"
Secretary Ballinger, 1t is said, wants
to know the legal authority for the
establishment of such projects, and
may be heard from soon on the mat
ter