The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-01-30
WATER LEGISLATION.

cussion oc the water question which
was INDUCED in az the Farmers Round
up in Logan on Tuesday, The chief
speakers were State Engineer Tanner
and 'Mathouihah Thomas Of salt Lake.
The State Engineer pointed out the
weakness OF the present law stating
that the appropriation feature is the
only strong point in II. and that the
adjudication feature and the admins
tratiye feature, which depends practi-
cally upon the adjudication feature
have not been successful BY this,
undoubtedly, the State Engineer means
that tho law is not adapted TO practi-
cal conditions, save only in the matter
Of the appropriation of water. The
required for beneficial use in any case
and tho administrative feature provid-
ing for the carrying out OF the proper
| regulations as 10 appropriation and use
are failures. Mr.. Tanner warmly com
mendcd the Wyoming law, and stated
that in recent visit TO Oregon he
found that law, enacted also in Oregon,
to be successful there. He. therefore,
urges the enactment Of the Wyoming
water law for Utah We think the
Legislature would do well to conform
to the State Engineers recommeuda-
| ton 10 this, since be unquestionably
has better practical knowledge OF
the defects Of our present statute and
of the beneficial provisions OF the
Wyoming statute, than any other man
in this State.
The address of Mr.. Thomas wont
right to the practice OF the beneficial
use OF water; and when he came to
the point Of tho taking Of water far
in excess Of the beneficial requirements
Of the water right involved, he il.
lustrated by showing n case in Millard
county where man claimed under his
| appropriation enough water TO cover
his land twelve feet deep with water
during single irrigation season, Clear
ly a right like that, and the appli-
| cation OF such a right IS robbery Of
tho community involved; it serves no
| beneficial purpose TO the one who takes
such an enormous excess OF water,
while depriving others of water bcne-
fits that may be essential The right
use Of water, as Mr.. Thomas fairly
pointed out, is to take just enough
to be OF the best possible service in
the growing and maturing Of crops.
| Any quantity Of water taken above
that is excess, and is a denial to others
of water that they might bene6cially
use The best instructions in the
Agricultural College and in all practical
endeavor, is to got the proper gauge
| of water for use on a given soil and
under given circumstances; and while
allowing TO the appropriation Of the
water his full right to all that he can
beneficially use, the tendency very
properly is to deny him an excess Of
water beyond that use, TO the end that
others in tho community may get q
share of the water which they need
All this talk is illuminative. practi-
cal, and forcible. The Tribune is glad
to see the frank discussion of this
question, and the driving home OF
was done at this Logan Farmers
Roundup.
There is one point. however, in the
! State legislation upon water that we
| trust the Legislature Will keep in mind
when framing the legislation which il
will probably pass at the present ses-
SION on the water question; and that
| ls some way 10 meet the intrusive, uu-
fair, and really illegal, conservation
foA n ,gk H.. .,t~
! the hands OF the United States au-
1 thorities the control OF non-navigable
| streams with respect 10 their water
powers and water use IL is we'll
settled principle OF law and practice.
| that the United States has no claim
of jurisdiction whatever over the wa.
| ters IN any State, save only as 10
the nayigable waters. But under the
! conservation faddism which is so rife.
the Interior Department through It's
officers and agencies. have assumed
| control over water power sites all
| through this mountain region. That con.
! troll rs sheer assumption. however
resting upon no legal claim with respect
to the water. but enforcible only be.
| cause of the ownership Of the public
domain which vests in the United
states. As 10 the flow Of water. the
| Federal Government has nothing what.
ever 20 DO with Il. We should be Glad
20 zee the Legislature assert its claim
definitely over al water powers. and
put itself in opposition to anv claim
that might be made by the Interior
/ Department. or any one in behalf OF
that DepaTtmort over the water powers
| within the STATE. so ta- Ms the control
OF the water Itself Is concerned.
Wherever there is n private or State
ownership OF the land over which the
| water flows fIprn cnnid br M ,n,sv;t1,,
claim on the part Of any Federal off.
eial TO any sort OF control over that
| water
This Is point npon which the vel.
fare OF the State might very seriously
depend AZ some time. and We think that
now when the State is undertaking
water legislation. is a good time 20 as
sert and maintain Its exclusive right 70
the control OF The non71avigzhla waters.