The herald-advance. (Milbank, S.D.) 1890-1922, 1910-10-28
OUR WATERLAWS
EXTRACTS FROM STATE ENGi-
NEER LEAFS ADDRESS AT
PUEBLO MEETING
WATER RICHTSONS
recommends State Water Code That
Would Facilitate Prompt Adj
Indication of Rights by
the Authorities

oux Falls-The following e tracts
from the address of State Engineer
Lea before the National Irrigation
Congress, Will be of interest in show
ing the scope and ope alton Of the
present water laws of South Dakota:
Since irrigation became an G tah-
lished institution in this great western
country, the necessity of regulat NJ
the distribution of the water su ply
by statute and the administration OF
the water laws by some cen raj an
thority in each state has been re1 iZel.
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, it is true that these statns
have, for the most part, T~IsviC1s'
themselves viii state eng'ree s VIII S s
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 es e tia
requisite to such distribution is tn
establishment or determination o.
well defined rights. 1t is a wei known
Idti tIdJ Al uidJCIilN VI WdtpF II3lIS
in the United States we're ACQUIRED
with public supervision the pro ed IRE
conforming in most cases to 10 al CHS
toms and usages prevailing at the
time.
In order to furnish Information con
corning present methods employed t.
define old water rights. a desc ipti9n
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 looal customs
were followed in the mater Of "a
! propriating water for beNofc al pn"-
poses. In the western part of the
state considerable PAGER mining was
done in the g1lche@ and 40 g tn"
streams in the Black Hill. 5 CO o"e :
atoms required the Tse Of flow rg wa
ter in most instances, a~d in such
cases the appropriation would be made
by posting a not ce on a psf Or tree
at Or near the point Of diversion. l.
some instances a copy of the not C
was filed at the court house Of tAe
county in whit the appropriate on
was made, and the a~"p~0nriati n thus
became a matter Of record. Most Of
these placer workings haze been
abandoned, and the water rights m
such cases have lapsed from none use
In this way the records show a l. &c
number of appropriations o. wate
which are no LONGER valid. BIT Which
will require careful in es z ion t.
separate from those remaining in ( |
force and effect.
The former state laws authori e
appropriations of water in the manner
described. and the General g st~m o.
the country permitted amp opit r
to place on record such claims 10 The
water supply as tnev deemed advs-
able. The natural tenfe @" was {,
make the claim large erOrgh TO cove
all possible requirements, and in m0st
eases greater than there was n" e
pectaiton of usirg. THIS resulted il
many cases in absurd and spe erlatiVc
claims. and the records show hume =
Gus instances where each Of q nam
Der Of claims to water of a stream, i
ed n accordance with TIE f rne
statues, involved a lager cuan'it Cf
water than had ever flowed in it, g e.
during food periods. One nrov sioa
of the former STATUES re mi ted IT,
requirement of a water ri"ht OF "srge
and appropriation under such curcum-
stances was entitled to the eni0v-
ment of such a quantity Of water as h
actually applied to heneicisl use. Such
water rights. acquired IN 'c~ thu o'G
water laws. as haze been kept alive, a~e
recognized as valid and Of full 70 ce
The keeping alive Of a w"+e~ right con
sisted in making beneficial rise Of
the water claimed during a portion.
at least, of each year. and ia lure to
use the water for a period of two
years. constituted abandonment.
In 1905 South Dakota adopted a
code of water laws proidirg for thu
adjudication of existing rights and the
complete public control Of the water
in the future. The Office Of sta4e en-
g'neer was created. and to the en-
gineer was given general s"u0ervis on
OF the waters Of the state and Of the
measurement and appropriation there
of. This law was amended and re-en-
acted in 1907 so as to make it apple
able to all beneficial uses of waite
without limiting it's applicat on to ir-
rigation alone.
The state engineer Is authorized 70
make photographic surveys of the
various stream systems of the state.
beginning with those most used for
irr' cation. These surveys comprise a
measurement Of the stream channe'
| and also If important tributa les. Al
irrigation bitches along +he stream
are surveyed. their capacity daterm-
ined, and the number Of a res Of land
irrigated under them as err al ed. It
is not practicable to make stream
guag ngS in connection with theS !
photographic surveys on account Of
the short time available Co" his pur
pose. In many cases however, the
streams have been ga9e1 ny engineers