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

Falls-The following e tracts
from the address of State Enoineer
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 estah-
lished institution in this great western
country, the GeroSsity of regulat NJ
the distribution of the water SUI ply
by statute and the administration OF
the water laws by some cen raj an
thority in each state has been rea ize1.
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 states
have. for the most part. I1,yiCs&
themselves with state engine s VIII S y
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
fact hat a majority of water rights
in the United States were ACQUIRED
with public supervision the pro ed ire
conforming in most cases TO 10 al cls-
toms and usages prevailing at the
time.
In order to furnish Information con
corning present methods employed t.
define old water rights. a desc iption
Of the procedure followed in my own
state. South Dakota, will be given.
Prior to the year 1905 thee was no
state supervision of flowing streams
in South Dakota, and lo~al customs
were followed in the mater Of "a
propriating water for bc0ofic al pr
poses. In the western pat of the
state considerable PAGER mining was
done in the g1lches and 40 g tn
streams in the Black Hills. 5 CO o~e =
ations required the rise Of flow rg wa
ter in most instances, I'D in such
cases the appropriation would be made
by posting a not &c on a psf Or tree
at or nea the point Of diversion. l.
some instances a copy Of the not C
vas filed at the court house of I've
county in viii h the appropriation
! was made. and the a"p~0nriati n TINS
became a matter of record. Most Of
these placer workings haze Eeen
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 Of w&te
which are no LONGER valid. BIT whteh
will require careful n~esi a ion t.
separate from those remaining in t |
force and effect.
The former state laws auttOri e
appropriations of water in thu manner
described. and the General e som O.
the country permitted arp or'i r
to place on record such claims to the
water supply as tnev deemed adv s
able. The natural tenfe G. was t
make the claim large ero"gh TO cove
all possible requirements, and in most
eases greater than there was anv e
pectaiton of usirg. THIS resulted il
man cases in absurd and sne 'NlatiVC
claims, and the records show hume :
Gus instances where Caoh Of 9 Nun
Der Of claims to water Of a stream. l
ed n accordance with the f. rme
statues. involved a lager ouaN'it &c
water than had eve flowed in it, q e
during flood periods. One nrov sio0
of the former statrtes re mi ted t.
requirement Of a watnr rieht Of s7ge
and appropriation under such curcum-
stances was entitled to the eni9v-
ment of such a quantity Of water as h
actually applied to hene5ci2l use. Such
water rights, acquired un'e" thu o'6
water laws, as hae been kept alive, a-e
recognized as valid and of full 70 ce
The keeping alive OF a w"ter right y.
sisted in making beneficial rse 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 sta e en-
g'neer was created. and to the en-
gineer was given general su-ervis Oh
Of the waters of the state and of the
measurement and Appropriation there
Of. This law was amended and re-cn-
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 tribHta 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 er'ai ed. It
is not practicable to MIKE stream
guag ngs in connection with thes :
photographic SURVEYS or account Of
the short time available Co. his pnr
pose. In many cases however, the
streams have been gare1 " e~ngineers