El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-06
burgess PREPARES BILL TO REGULATE
IRRIGATION IN THE STATE Of TEXAS
West Texas Delegates Give Approval to the Measure
Which Will Place Upon the Statute Books Law
by Which Water Can Be Equitably Distrib-
uted-Provisions of the New Law

I - l. WdQllngL ION. and one from lSleIa
J. J. Smith, assembled in the count!
| court room Saturday afternoon to dis
cuSS and endorse the proposed irriga
ton code drafted by +. T. Burgess, Wht
viii present it at the next session o.
the legislature for its enactment.
There is more money spent in liti
cation than in irrigation" were the re
marks of F. II. Newell, director of thu
United States reclamation service, who
dropped into the meeting on his way
to look over the Franklin canal
| II a man purchases water right,
he continued there seemed to be NJ
way to ascertain just where that righ
began or ended. That very question
has been fought out in many of the
states by blOOdshed. 1 consider thai
/ the highest duty that a citizen can per
| form is to use his influence in adopt-
ing a good water code 1t is the little
fellow that needs protection. Not ev-
cry man can afford to go into court
and settle question involving a wa
ter dispute. In the SaltOn basin in
order to determine the water rights OF
individuals, the government in one case
filed suit against 5000 defendants"
VIII Avoid Litigation.
In introducing his bill. Mr.. Burgess
| stated that the mass of litigation which
| crowds the dOcketS of the courts today
could have been avoided if Texas had
| placed on her statute books cOmpre-
hensiVe laws governing the distribution
! of water for irrigation purposes. He
cited case in the PecOs valley where
I
] TO cross the public highway with his
] ditch in order to get water to his land
| The statutes of the state, Mr.. Burgess
| said, made no provision for man to
/ acquire right of way over a public
I domain. The case went to the su-
| preme court which, after wrestling with
/ the question manfUlly for several
| weeks, decided that if such was not the
I law il ought to be, and the legislature,
while it had not said so. meant to give
a man right to. cross the public do
main in a case of this character.
Mr.. Burgess stated that the proposed
most part copied after that of WyO-
ming for the reason that the laws of
the latter state worked with less fric-
ton and litigation than those of any
other state Even California, he said
was following those statutes.
All Water Belongs TO State.
By the proposed bill the unapprO-
priated waters of the ordinary flow or
underflow of every running or flowing
stream, canyon, depression or water
shed and all lakes and other collections
OF still water are declared to be The
property of the state, and the right 10
the use may be acquired by apprOpria-
ton.
Those waters. it is provided. may be
held or stored IN dams or reservoirs
and may be diverted provided that the
ordinary flow or underflow of any
natural lake or stream shall not he
diverted to the prejudice of the rights
sent except after condemnation
As between appropriations, the bill
provides, the first in time is the first
in right.
The code provides for the constitu-
ton of a board, to be known as the
board of water control 1t is TO be
composed OF a state engineer and sU-
perintendents of the water divisions.
The board is to have supervision of all
of the waters of the state, and of their
appropriation. distribution and diver
sion.
Divided Into -Four Divisions.
The state is to be divided into four
water sections. No. 1 embraces the
Panhandle district; No. takes in the
Rio Grande, Pecos. NUeces and other
streams; No. embraces BeXar, Ata-
cOsa, Bee and Wilson counties; 10. 4
the rice growing section Of
the state.
The state engineer is to be appoint
ed by the governor and is to be preSi- /
dent of the water board, and is to have /
general supervision of the waters Of !
the state. His salary is fixed at $4,000 1
a year He is given the power to en- !
ploy assistants, not more than two. at !
$500 a year each, and to employ other 1
assistants at total additional eX- j
pense not to exceed $1,000 a year The I
bill fixes the fees he is to charge the !
public.
Beneficial Use of Water.
Beneficial use is made the basis. the |
and the limit to the right to
use water at all times, not exceeding in [
any case the statutory limit Of volume.
Water being considered at all times I
The property of the state, rights to its
use attach to the land for irrigation !
The board of control may provide
Jules and regulations by which water
light may be detached from the par I
ocular land for which it has been ac- /
luired and transferred to other land. |
II for another purpose, without loss Of
priority.
Anyone intending to acquire the right
# beneficial use Of public water, the
ill provides, must first make applica-
ion to the state engineer. Such appH-
alton must set out the name and ad-
ress of the applicant, the source Of
he water supply, the nature of the
proposed use, the location and descrIp-
ther work; the time within which it is (
roposed to begin construction, the !
ime required for completion of con-
tructiOn, and the time required for the /
pplication of the water to the pro- ;
osed use.
For a wilful diversion or apprOpria- ! !
ion of water without compliance with
he law, the code makes it a INSIDE
leanor, the penalty being a fine not
lore than 500. or Imprisonment in [ !
he county jail for not more than six
lonths The possession of the di- {
erted water is deemed prima facie ev- {
jence of guilt. [
If the proposed right of use of the 7
}
pplication must set out the description a
f the land to be irrigated with the tc- G
u acreage to be reclaimed.
Where there is no unapprOpriated ! n
ater in the proposed source of supply, d
r where the proposed use would con- n
let with existing rights. or threatens I
prove detrimental to public interests, | q
he code makes it the duty of the en- G
neer to reject the application and re- Il
Use to issue the certificate. The re- a
lsal or approval of an application is S
be endorsed thereon and a record of s
kept in the engineers office. If ap-
owed the applicant is authorized to .
lie the receipt in the county clerks ! b
flee in the county where such apprO- Il
'iation is to be made, and Is
e county clerk must record
After such filing the ap-
icant may begin the construction | Il
the necessary work to apply the wa / e.
T for beneficial uses As long as the ! Il
fusaI Of the application remains in / q
feet. the applicant can take no such Il
cps. ! II
For Large Projects. l.
In a case where it is proposed to di- IS
TT more than 25 cubic feet of water per
cond, or to reclaim more than 1000
res Of land, the engineer may require, II
the case of incorporated companies, ! "a
submission of the articles of lncor- IN
ration. or a certified copy. together u
It'll the names and addresses of its a.
rectOrS and officers and of the -,