The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1910-10-28

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 a stream system.
therefore, the state engineer is In a
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 icat1on
to the state engineer for a permit,
furnishing all the data necessary for
the proper description and linn tat'on
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 or
the applicant to complete the m
These maps, plans and specifications
are to be filed in duplicate, n 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
D of general circulation in the
stream system and a date is set for a
| CLEARING NY IlO oloLC SAhS
application. The engineer may reject
Applications if there is no unapp"o-
priated water in the sources of supply,
or if. in his opinion. their approval
would be contrary to the public in
terest: but any applicant may appeal
from such decision to the court. An
approved application becomes a per-
init and, in his approval. the state
engineer must state the time within
which the construction must be COM
pleted, not exceeding five years n
the time within which the water must
be applied to beneficial use. not ex-
ceedfng four years from the date or
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 10 I .
water code of n state, South Da-
kota. Other western states have wa
ter laws that vary in many essential
features, but are all designed pr1~
| marily with reference to irrigation.
), RECOMMENDATION.
) I desire to take this opportunity to
) recommend the enactment of uniform
water laws by the states in which 1r-
rigatfon is an established practice. 1t
2 is a well known fact that some OF the
5 western states are operating under
. Watre codes that were In use In the
early DAYS when conditions were en-
tirely different from those prevailing
at the present time. The control and
the scientific application of water to
land are better understood than in
pioneer days, and methods of appro-
2 priation should conform to modern
practice. The experience gained dur
ing long years of irrigation worl
$ should be utilized in framing our wa
l ter laws.
The value Of a central state author
ity for administering water law:
, should be recognized and the techntca
knowledge and skill of the state en-
\ gineer should be called upon to de
n eide questions relating to the use ant
. duty of water.
An important feature of a stat
water code would comprise the promp
q ADJUDICATION of all water rights. Ate
the acquisition of sufficient data b.
the state engineer through hydro
graphic surveys of a stream the waite
&c rights on that stream should b
promptly adjudicated by the prope
. authority. In this way the rights t
use water for beneficial purpose
would 500 become as well defined a
< land titles. 1t is believed that wheth
III err adjudication be made by a court o
'e a commission they should be base
/ ujpon determinations made by tn
!, state engineer. By such procedure
l is practicable to secure just and ecu t
able adjudication of water rights with
ol in a comparatively short period.
n In conclusion l would respectful
~ call the attention of our legislator
Re to the necessity for liberal pappro
e priations for carrying on the work
a. the state engineers departments. A
y a rule these offices are not artivel
IL concerned in politics, being engaged
~ to the exclusion of everything els'
III in technical, scientific and practice
re matters. They are always busy an
e. their work makes for the materlt
Il we'll being and prosperity OF the
" state.
H. 1t is useless to expect great n
" suits when inadequate means are pro
w vided for carrying on the work OF III
. state engineers Office and when al
a preparations for its maintenance a.
he so small as to prevent full and efficler
ne work.
er The state engineers office Is a
n established institution and as o.
n western states grow and prosper Il
work of this Office will keep pace vii
ne our development.
e.
Faulkton-Fire, originating in tt
lc- Warner Auto garage destroyed Z
81 building and nine automobiles, besld'
ir- som farm machinery. The mann
spread to an elevator, destroying
to and 5000 bushels of wheat M 20
he bushels of fax. Coal sheds nesrl
~ ~ rlo AN%a1 1nco will a