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

Upon the completion of the hyd o.
graphic survey Of a stream system,
therefore, the state engineer is IN n
position to define existing rights to the
use of the water, n also to dete NJ
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 Aspiration
to the state engineer for a permit.
Furnishing all the data necessary for
the proper description and lin tat'on
of the rights applied for, together
with maps, plans and specifications
such as may be necessary to show the
method and practiC ability CT TIE pro-
posed construction and the ability of
the applicant to complete the same.
These maps plans and specifio atoms
are to be filed in dupl' cate, one coy
to be retained in the Office Of the
state engineed and TIE otEer returned
I'd the applicant. Notice of aopli"a-
ton must be published in some news
| paper of general circulation in the
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 una"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 NAV appeal
from such decis on to the court. An
approved application becomes a PEI
NIT ard. in his approval tie state
e~ncineer must state the time within
which the construction must be COM
plcted. not exceeding fve yeas and
the time within which the water m St
he applied to beneficial rs mt e.
coed 'ne four years from DE- Of
.tmp1etion. 1t is the drty e. e
state engineer to ms eft all divers on
works to determine their capacity,
safety and efficiency, and to re uire al
such works to conform to standards
Of safety.
In cases where canals surp'v 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 I e
water code of one state. So tn Da-
kota. Other western states have wa
ter laws that vary N mary essential
features. but are all dosigned pri-
MARTY with reference to irritation.
RECOMMENDATION.
I desire 70 take this opportunity to
recommend the enactment of uni Orm
water laws by the states in which IT.
rigatiOn is an established p actsce 1t
is a we'll known fact that SINE of the
western states are operating under
watre codes that We're in use in the
early DAYS when conditions were en-
tirely different from those IRE aillng
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.
rriaticn should conform to mo'ern
practice. The expe>ien~e gaire ed dur
irg long years of irrig9t on Wo"lt
should be utilized in framing cur wa
ter laws.
The valve of a central state author
.tv for administering water laws
should be recognized ard the technical
knowledge and skill of the tie ell
eineer should be called upon to d.
eide questions relating to the use and
duty of water.
An important feature OF a state
water code would comprise tire prompt
adjudication of ell water RIGHTS Alter
THE QUESTION of sufficient data by
the state engineer through hydro
graphic surveys of a stream the water
rights on that stream sheud be
promptly adiudicated by tho pore
authority. In this way the rigNts to
use water for beneficial purposes
would soon become as we'll defined as
land titles. It is beliered that W eth
er adjudication be made By a cou t O
q commission they shorld be ba ed
uoon determinations made ~ the
state engineer. BY such pro e lure 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 orr LEGISLATORS
to the necessity for 'ihe al pappro-
p~riations for carrying on the work OF
the state engineers departments. AS
a rule these Offices are not a tre'v
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 means are pro-
v'ded for carrying on the work of the
state engineers Office and when ap-
preparations for its maintenance are
so small as to prevent full and efficient
work.
The state engineers Office Is an
established institution and a. or
western states grow and prosper the
work of this Office will keep pace with
u 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,NOJ
bushels Of fax. Coal sheds nearby