Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1910-10-28
OUR WATER LAWS.
EXTRACTS FROM STATE ENGl-
NEER LEAFS ADDRESS AT
PUEBLO MEETING
WATER ICHTSONS
Recommends State Water Code That
Would Facilitate Prompt Ad-
Indication Of Rights by
the Authorities

Sioux Falls-The following extracts
from the address of State Engineer
Lea before the National Irrigation
Congress. will be of interest in show
ing the scope and operation of the
present water avs of South Dakota:
Since irrigation became an estab-
lished institution in this great western
country. the necessity of regulat ng
the distribution of the water supply
by statute and the administration of
the water laws by some central au-
thOrity in each state has been realized,
and this necessity has been met by
the creation of the position of state
engineer.
While the Office OF state engineer is
not peculiar to the arid and semi
arid states. 1t is true that these states
have, for the most part, plOvio@s,
themselves with state engineers whCse
duties have to do chiefly with irri-
cation.
Since the state engineer is charged
with the distribution of water to those
entitled to its use, an essential
requisite to such distribution is the
establishment or determination OF
we'll defined rights. 1t is a we'll known
fact that a majority of water rights
in the United States were acquired
with public supervision. the procedure
conforming in most cases to local Gus
toms and usages prevailing at the
time.
In order to furnish information con-
corning present methods employed to
define old water rights, a description
of the procedure followed in my own
state. South Dakota, will be given.
Prior to the year 1905 there was no
state supervision of flowing streams
in South Dakota, and local customs
were followed in the matter of ap-
propriating water for beneficial pur-
poses. In the western part of the
state considerable placer mining was
lone in the gulches and along the
streams in the Black Hills. Such oper-
atoms required the use of flowing wa
ter in most instances, and in such
cases the appropriation would be made
by posting a notice on a post or tree
at or near the point of diversion. In
some instances a copy of the notice
was filed at the court house of the
county in which the appropriation
was made. and the appropriation thus
became a matter Of record. Most OF
these placer workings have been
abandoned, and the water rights in
such cases have lapsed from none use.
IL this way the records show a large
number of appropriations of water
which are no longer valid, but which
will require careful investigation tc
separate from those remaining in full
force and effect.
The former state laws authorized
appropriations of water in the manner
described, and the general custom Of
the country permitted appropriator;
to place on record such claims to the
water supply as they deemed advis'
able. The natural tendency was tt
make the claim large enough to cove
all possible requirements, and IN mos
cases greater than there was any ey
mediation OF using. This resulted il
many cases in absurd and speculative
claims. and the records show numer
ous instances where each of a mum
Der of claims to water Of a stream, fl
ed in accordance with the forme
statues. involved a larger quantity O
water than had ever flowed in it, evel
during flood periods. One provision
Of the former statutes permitted tn
requirement of a water right OF usage
and appropriation nder such curcum
stances was entitled to the enjoy
ment of such a quantity of water as h
actually applied to beneficial use. Sue
water rights, acquired under the oil
water laws, as haze been kept alive, ar
recognized as valid and of full force
The keeping alive Of a water right con
sisted in making beneficial use @
the water claimed during d portion
at least, of each year., and failure t
use the water for a period OF tW
years, constituted abandonment.
In 1905 South Dakota adopted
code of water laws proiding for tn
adjudication of existing rights and tn
complete public control of the waite
in the future. The office of state en-
gineer was created. and to the en-
eineer was given general supervise
OF the waters of the state and or tn
measurement and appropriation there
Of. This law was amended and re-er
acted in 1907 so as to make it apple
able to all beneficial uses of waite
s without limiting it's applicat'on to il
: rigation alone.
! The state engineer is authorized
make photographic surveys of TT
various stream systems of the stat
beginning with those most used II
irrigation. These surveys comprise
measurement of the stream cham
and also if important tributaries. A
;. irrigation bitches along the strea
= are surveyed, their capacity detern
ined, and the number of ares OF lar
= irrigated under them ascertained.
r Is not practicable to make strea
guag,ngs in connection with the
: photographic surveys on account
the short time available for this pu
pose. In many cases. however, tt
streams have been gagged by enginee
e Highmore-Preparations rap dly a