The herald-advance. (Milbank, S.D.) 1890-1922, 1910-10-28

of the reclamation service and these
measurements of flow furnish excel
lent data concerning the amount of
water available for use in the sire am.
Upon the completion of TIE hyd o.
graphic survey Of a stream system,
therefore, the state engineer is IN Il
post; on to define existing rights to the
use of the water. and also to dete M
inc if there is any water available for
new water rights on that stream.
An applicant for the right to aDpro-
pirate water must make app ication
to the state engineer for a permit,
furnishing all the data necessary for
the proper description and lin tatfon
of the rights applied for. together
with maps, plans and specifcatiNns
such as may be necessary to STOW the
method and practic ability CT TIE pro-
posed construction and the ability OF
the applicant to complete the same.
These maps, plans and specif atoms
are to be filed in dupl cate, n coy
to be retained in the office OF the
state engineed and TIE other returned
I'd the applicant. Notice Of arpli"a-
ton must be published in some news
paper of general circulation in tne
stream system and a date is set for a
hearing by the state engineer on the
application. The eng neer may re ect
implications If there is no nna"p o.
| priated water in the sources of supply
or f, in his opinion, their a prova'
would be contrary to the public in
terest; but any applicant may appeal
from such decis on to the court, An
approved application becomes a PEI
| nit and, in his approval tie state
| engineer must state the time within
which the construction NUT be CON-
n1cted, not exceeding fNe yeas AMI
| the time within which the water m s.
he applied to henefai al VS., ut e
coed ng four years from the date Of
LmD1eti)n. 1t is the dTtv Cf the
state engineer to ms eft all diversion
works to determine their capacity,
| safety and efficiency, and to re uire al
such works to conform to ~stand2rds
of safety.
In cases where canals surDv 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 REEFS to t e
water code of one state, So tn Da-
kota. Other western states have wa
ter laws that vary N mary essential
features. hut are all designed pri-
MARTY with reference to irric ation.
RECOMMENDATION.
desire TO take this opportunity to
recommend the enactment OF uni ON
water laws by the states in which r.
rigation is an established p act'ce. 1t
10 n yx-alI known fact that CRmn of tha
western states are operating under
watre codes that were In use in the
early DAVIS when conditions We're en-
tirei9 different from those IRE ailing
! at the present time. The cont oil ami
the scientific application Of water to
land are better understood than in
pioneer DAYS. and methods Of app o.
irritation should conform to mo'ern
practice. The eXne}ienCe gaired dur
irg long years of irrigation woek
should be utilized in framing cur wa
ter laws.
The valve of a central state author
~ for administering water laws
| should be recognized ard the technical
knowledge and skill of the st2te el-
eineer should be called upon to d.
eide dnestions relating to the use and
duty of water.
An important feature OF a state
water code would compri e tire prompt
adjudication Of all water RIGHTS A ter
the a oriSition of sufficient data by
the state engineer through hydro
graphic surveys of a stream the water
rghts on that stream sheud be
promptly adiudicated by tho pore
authority. In this way the rigNts to
use water for beneficial purposes
would socn become as we'll defined as
land titles. 1t is believed that W eth
er adjudication be made by a cou t o
a commission they should be ba ed
upon determinations made fy the
state engineer. BY such pro e7u~e 1t
is practicable to secure just ard ecu t.
able adjudication of water rights with
in a comparatively short period.
In conclusion | would respectfully
call the attention of our LEGISLATORS
to the necessity for 'ihe al papprO-
priations for carrying on the work Of
the state engineers departments. As
a rule these offices are not a ely
concerned in politics. being engaged,
to the exclusion of everything else.
in technical, scientific ana practical
matters. They are ALWAYS busy and
their work makes for the material
well being and prosperity Of their
state.
1t is useless to expect great re-
suits when inadequate mean are pro-
v'ded for carrying on the work Of the
state engineers Office and when APP
preparations for it's maintenance are
so small as to prevent full and efficient
work.
The state engineer's office Is an
established institution and as or
western states grow and prosper the
work of this office will keep pace with
our development.
Faulkton-Fire. originating in the
Warner Auto garage destroyed the
building and nine automobiles, besides
some farm machinery. TIE flames
spread to an elevator, destroying It
and 5000 bushels of wheat and 2,rOy
huche1s IF fay Coal sheds nearby