Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1910-10-27
of the reclamation service and these

of the reclamation service and these
measurements of flow furnish excel
lent data concerning the amount OF
water available for use in the stream
Upon the completion of the hyd O.
graphic survey of stream system.
therefore, the state engineer is In ii
position to define existing rights to the
use of the water, and also to determ-
inc if there is any water available for
new water rights on that stream.
An applicant for the right to appro-
pirate water must make app ication
to the state engineer for a permit,
furnishing all the data necessary for
the proper description and linn tation
of the rights applied for, together
with maps, plans and specifications
such as may be necessary to show the
method and practicability of the pro-
posed construction and the ability of
the applicant to complete the same.
These iii;:i;s plans ans: specifications
are to be flied in dupi cate, one cory
to be retained in the office of the
state engineed and the other returned
I'd the applicant. Notice of applica-
ton must be published in some news
paper of general circulation in tae
stream system and a date is set for a
hearing by the state engineer on the
| application. The engineer may reject
Applications if there is no unapp"o-
priated water in the sources of supply,
or it. in his opinion, their Approval
would be contrary to the public In
terest; but any applicant may appeal
from such decist on to the court An
| approved application becomes per-
init and. in his approval the state
engineer must state the time within
which the construction must be COM
pieted, not exceeding Ave years and
the time within which the water must
be applied to beneficial use, not ex-
ceed;ng four years from the date OF
completion 1t is the duty Of the
state engineer to inspect all diversion
works to determine their capacity,
safety and efficiency, and to require al
such works to conform to standards
of safety
In cases where canals supply water
to the lands of others than the owners
of the canals, the engineer is author
lied to fix the rates for carrying and
delivering the water.
The foregoing summary refers to e
water code of one state, South Da-
kota. Other western states have wa
ter laws that vary in many essential
features, but are all designed prl-
marily with reference to irrigation.
RECOMMENDATION.
y desire to take this opportunity to
recommend the enactment of uniform
: water laws by the states in which ir-
rigation is an established Practice. 1t
is a we'll known fact that some of the
western states are operating under
watre codes that were In use in the
: early DAYS when conditions We're en-
tirely different from those prevailing
at the present time The control and
the scientific application of water tt
land are better understood than II
pioneer days, and methods of appro
priation should conform to modern
practice. The experience gained dur
l ing long years of irrigation worl
5 should be utilized in framing our wa
! ter laws.
] The value OF central state author
i ity for administering water law:
: should be recognized and the technlca
knowledge and skill of the state en-
! gineer should be called upon to de
u eide questions relating to the use ant
y duty of water.
y An important feature of a stat
water code would comprise the promp
adjudication of all water rights. Ate
+ the acquisition of sufficient data b,
u the state engineer through hydro
; graphic surveys of a stream the waite
9 rights on that stream should b
: promptly adiudicated by the prope
authority. iii this way tho rights +
u use water for beneficial purpose
" would soon become as we'll defined a
land titles 1t is believed that wleth
y err adjudication be made by court o
t a commission they should be base
upon determinations made by tn
state engineer. BY such procedure
is practicable to secure just and ECU
- able adjudication of water rights with
y in a comparatively short period.
u In conclusion l would respectful
u call the attention of our legislator
= to the necessity for liberal pappro
: priations for carrying on the work c
the state engineers departments A
rule these offices are not t've'
!, concerned in politics. being engaged
:. to the exclusion of everything else
=, in technical, scientific anu practice
matters They are always busy an
T. their work makes for the materis
= we'll being and prosperity of thei
), state
u, 1t is useless to expect great rs
~ suits when inadequate means are pre-
y vided for carrying on the work of tn
state engineers office and when al
a preparations for it's maintenance al
le. so small as to prevent full and efficier
le work.
or The state engineers office is a
L established institution and as OF
l. western states grow and prosper tn
IN work of this office will keep pace wit
le our development.
n Faulkton-Fire originating in tt
c. Warner Auto garage destroyed tt
81 building and nine automobiles, beside
r some farm machinery. The flame
spread to an elevator, destroying
to and 5000 bushels of wheat and 2.O(
n oh DO RI