Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1910-10-28

Of the reclamation service and these
measurements of flow furnish excel
lert 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 In n
position 10 deUnG 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 Application
to the state engineer for a permit,
furnishing all the data necessary for
the proper description and linn tation
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 OF
the applicant to con2rl"tH the same. !
These maps. plans and spt Citications
are to be filed in duplicate. one copy
to be retained in the Office OF the
state enginced and tive other returned
I'd the applicant Notice Of applica-
ton must hC published in some news
DaDer of general circulation in the
ST ream system and Il date is set for a
hearing by the state engineer on the
application. The engineer may Te'ect
applications if there is no unappro-
priated water in the sources OF supply.
or If. in his opinion. their approval
would be contrary to tn" pubic IN
terest; but n applicant may appeal
from such decision to the court. An
approved application becomes a per-
nit and, in his approval. the state
engineer must state the time within
which the construction must be COM
pleted. NOT exceeding five years ana
the time within which the water must
he anplied TO beneficial use. not eX-
ICED ng -four years from TIE date OF
completion. It 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 h owners
of the canals. the engineer is author
lied to fix the rates for carrying n
delivering the water.
} The foregoing summary refers to lie
water code of one state, South ia
kota. Other western states have wa
} ter laws that vary in many essent!A
! features. but are all designed pft
l marily with reference to irrigation.
:, RECOMMENDATION.
5 desire TO take this opportunity to
5 recommend the enactment of uniform
water laws by the states in which IT.
= rieatIon is an established practice. IL
is 2 we'll known fact that some or the
> western states are operating under
watre codes that were In use IN the
early days when conditions were en-
tirelv different from those preValilnS
u at the present time. The control ana
e the scientific application of water 10
land are better understood thai III
n pioneer DAYS, and methods Of appro-
g priation should conform to modern
e practice. The experience gained dur
n ing long years of irrigation WORK
s should be utilized in framing our wa
ter laws.
II The value of a central state author
II ity for administering water laws
D. should be recognized and the technlca
knowledge and skill of the state en-
gineer should be called upon to de
Il eide questions relating to the use an
- - duty of water.
II An important feature of a stat
:, water code would comprise the promp
III adjudication of all water rights. Atte
the ACQUISITION of sufficient data b.
d the state engineer through hydro
IS graphic surveys of a stream the waite
lie rights on that stream should b
s. promptly adjudicated by the prope
10 authority. In this way the rights I
et use water for beneficial purpose
81 would soon become as well defined a
x land titles. 1t is believed that wheth
III err adjudication be made by a court o
We a commission they should be base
+ upon determinations made by tn
n state engineer. By such procedure !
- is practicable to secure just and eqult
t. able adjudication of water rights with
VI in a comparatively short period.
III In conclusion l would respectful
III call the attention of our legislator
re to the necessity for liberal pappro
g. priations for carrying on the work q
u the state engineers departments. A
a rule these offices are not actlvel
lt concerned in politics, being engaged
III to the exclusion of everything els'
re matters. They are always busy an
e. their work makes for the materis
u, we'll being and prosperity of the
w. state.
H. 1t is useless to expect great n
~ suits when inadequate means are prt
vided for carrying on the work or TT
state engineers Office and when al
a preparations for it's maintenance al
ne so small as to prevent full and et1clei
work.
;er The state engineers office 1s q
n established institution and as o.
n western states grow and prosper tt
work of his offic e will keep pace VIII
ne our development.
re-
n Faulkton-Fire, originating in tt
ic- Warner Auto garage destroyed u
81 building ana nine automobiles, bes1d
ir- some farm machinery. The fam
cnread to an elevator, destroying