El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-09
DELAY IN TAKING OVER
FRANKLIN CANAL WORRIES WATER USERS

cOmDeI the owner of a private irrlgaJ-
inc ditch to allow Others to use the
ditch with him. This was regulated by
adding that the persons thus using the
ditch were to pay their propOrhonate
cost of the original cost OF eonstruc-
ton of the ditch plus the cost OF the
enlargement.
The question as to who should clean
the ditch brought forth considerable dis
cussiOn, but it was finally determined
that the cleaning of the ditch should be
appOrtioned according to the number OF
acres used.
The systems to be mapped out and
records appertaining to the different
bitches, so that security will be Offered
to the owner, and at the same time
serve as information to the public, 1t
was agreed should be filed away and
kept for ready reference.
Penalize Wasting Water.
At this point, on the suggestion OF
A. G. Edwards, it was agreed to insert
clause providing a penalty for any
one found wasting the water.
Judge Eylar, who presided over the
meeting, then asked what was thought
about making a provision for the APP
pOintment Of a state engineer. He added
that it was doubtful that the state
would create such an Office.
1T IS a need that will be met" said
r. +. Burgess. we are so alb
sOrbed in our own development that
we lose sight of what is taking place
in other portions of the state. There
Is great development taking place
throughout the Panhandle, FriO, Medina.
and other counties, and it Is not i'm
probable that such an officer will be
appointed Within three or four years
we will have as much irrigation sur
face as any of the older states. The
state one of these days Will have to
make also provisions along these
lines. 1t IS wrong on the part of those
nonirrigating persons 70 close their eyes
to the necessities of those engaged in
irrigating You will find that the peO-
pie of the state will meet those of the
western counties on a liberal PROPOSE
ton"
1t was agreed that there should be
a law bestOwing the right upon the dIf-
ferent communities to organize them
selves into an irrigation district. In
this connection the suggestion that five
men be selected from the entire dis
trict to be designated as the govern
inc BODY. was adopted. This body to
be given the right to formulate the
rules to govern the distribution OF wa
ter The power of enforcing these rules
it was decided would be placed III the
hands OF a water commissioner to be
appointed, and the commissioner thus ap-
pointed was to have absolute control OF
the waters.
A provision was adopted whereby
locks should be placed on the head gates
installed, and the man having charge of
the distribution of the water saOulI
specify the gates to h: put IN. There
was TO be a penalty for anyone using
the water without ibe commissioner dis
tributiDE the same.
The irrigat0rs agreed that there should
be maNimIm amount Ct water fixed
Rules for Water Users.
Another suggestion that was adopt
ed was to the effect . that the
user OF the water should turn
back all the unused water into the main
system, or into some enc else's ditch,
thus avoiding wasting the water.
In the event the water rate Is con-
sidered excessive it was agreed that
tribunal to adjust the rate be appoint
Cd.
With reference to persons found IT.
rigating their lands in violation of the
regulations. he should, be punished BY
fine. The burden of proof of his lnnO-
ccnce is TO be placed on the man whose
land Is found to be irrigated in this re-
spect.
\ law providing a punishment for
the water commissioner, who wllfullY
fails or neglects to furnish water to lands,
was agreed upon. The extent of the
punishment Is to be arranged later.
Persons who are found guilty of viO-
lating the water rights are to be tried
in the county court
The last provision provided that no
man would be allowed 20 let johnson
grass on the banks OF his ditch remain
there until it goes to seed.
While the meeting was not as largely
ATTENDED as was expected, it was still
representative. and those present eX-
pressed themselves as being heartily in
favor of the proposed laws.
After the meeting Judge Evlar stated
that he would work in conjunction with
the reclamation service III preparing a
draft OF the laws proposed. following
which there would be a second meeting,
when the code made up will be sent
10 tha I..-..Ia1--- 1n-. It's $1,000