The Mobridge news. [volume] (Mobridge, Walworth Co., S.D.) 190?-1917, 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 stream.
Upon the completion of the hydro
graphic survey Of a stream system,
therefore. the state engineer is n IA
posit'o OF to define existing rights to the
use or the water, and also to determ-
Inc II there is any water available for
new water rights on that tream.
An applicant for the right to appro-
pirate water must make application
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 practi ability cf the pro-
posed construction and the ability or
The applicant to complete the same,
These maps, plans and specifications
Ire to be fled in duplicate, one cory
TO be retained in the Office Of the
state engineed and the other returned
I'll the applicant. Notice of appli"a-
tion must lie published in some news
paper Of general circulation in toe
stream system and a date is set for a
bearing by the state engineer on the
application, The eng neer may reject
'lnp'icetions IL there Is no unarp o.
priated water in the sources of supply
or 4, in his opinion. their approval
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 per-
nit and, in his approval TIE state
engineer must state the time within
which the construction must be COM
pleted, not exceeding i~e years and
the time within which the water m st
he applied to beneficial use, n"t ey-
coed ng four years from the date OF
COMPLETION. 1t is the dirty CT the
state engineer to insect 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 t g
water code of one state. So2th Da-
kota. Other western states have wa
ter laws that vary in many essential
features, but are all designed pri-
marily with reference to irritation.
RECOMMENDATION.
/ desire to take this opportunity to
recommend the enactment of Uniform
water laws by the states in which r.
rigation is an established p act'ce. II
is a well known fact that some of the
western states are operating under
watre codes that were in use in the
early days when conditions were en-
tirely different from those pre- railing
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-
priation should conform to moCera
practice. The experience CARED dur
ing long years of irrigation work
should he utilized in framing our wa
ter laws.
The value of a central state author
'ty for administering water laws
should be recognized and the technical
knowledge and skill of the state en-
gineer should be called upon to, de-
eide questions relating to the use and
duty of water.
An important feature of a state
water code would comprise the prompt
adjudication of all water rights After
the acquisition Of sufficient data by
the state engineer through hydro
graphic surveys of a stream the water
rights on that stream should be
promptly adjudicated by the proper
authority. In this way the rights to
use water for beneficial purposes
would soon become as well defined as
land titles. 1t is believed that wfeth-
err adjudication be made by a court o.
a commission they should be based
upon determinations made by the
state engineer. BY such procedure 1t
is practicable to cur just and ECU t.
able adjudication of water rights with
in a comparatively short period.
In conclusion l would respectfully
call the attention Of our legislators
IH6 Necessity lOI iDci di pdppio-
priations for carrying on the work OF
the state engineers departments. AS
a rule these Offices are not lively
concerned in politics, being engaged,
to the exclusion of everything else,
in technical. scientific and 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 are pro-
v'ded for carrying on the work of the
state engineers Office and when APP
preparations for its maintenance are
so small as to prevent full and efficient
work. 4
The state engineers Office Is an
established Institution and as our
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
and nine automobiles, besides