Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1915-01-01

amher OF this code COMMISSION LOT
limo To draw a water code
~ would be satisfactory or De oil
ame benefit to water users ana
~o,er appropriations in the state OF
washington. 1t has been no small
..st for this reason: IN TINS state
If the water has been appro-
-,otod and we are for the first time
attempting to prepare water code
=, have il enacted, at time many
.ors after most of the water has
Aoon in use. There is very little I'M
aopropriated water left in the state.
No also have this additional COM
Olication: the needs Of Eastern
washington are based on one theory,
,owit. irrigation; the needs OF the
vest side of the Cascades, or West
arm Washington, are based on the
noe of the water for power, logging,
ete So we have two divergent in
arrests in water matters in this state,
and of course in commission select
I'D from all over the state the diff
ferent mem bers have presented the
ideas peculiar to the localities in
which they live.
But in Eastern Washington we are
confronted with what in my opinion
are two very important phases OF the
question. You have water right,
that is, you say you have Il water
right. You have it in the Taylor
ditch. or the Eschbach ditch, or the
Gleed ditch, or some other ditch.
You haven't thing in the world OF
record to show that you have any
thing. You give man a deed and
you tell him you have a water right
consisting of so and so, and when he
goes to the abstract office and to the
county records he will find nothing
there showing that your water right
consists of. You purchase 40 acres
of land. The owner from whom you
purchase it says, | have an inch to
the acre of water. There is every
kind of an inch. The miners inch
under six-inch pressure. which is the
one often referred to, but it is all
measured according to custom. In
some cases it is four-inch pressure
and in some cases two-inch pressure;
so an inch of water means nothing.
You take the mans land, however,
and pay for it, and you have nothing
OF record, but you have the mans
word. He has lived on the place 20
or 80 years, maybe, and he knows
when he first commenced to use this
water and he knows when his neigh
Dor commenced to use water, but you
don't. After you have been there a
few years your neighbor asserts ad-
verse claim to your water, and you
say, John Smith from whom ! pur-
chased this place said | had an inch
Oh water; and your neighbor says,
yes, you have an inch after | get my
inch. John Smith has moved away
and can't be found, or he is a friend
or brother-in-law or something else
oil the neighbor and doesn't want to
go against his interests, and you go
INTO court-yOu have no evidence,
ana you find the court entering a de-
cree In six months, or two years or
I'VE years afterwards that YOU have
second right to the water You
viii also find under natural condi-
IONS you have plenty of water up to
Inc middle of May and from that
anle until the close of the irrigation
season you haven't enough for your
land.
lhls thing is becoming more i'm
portant every day. For instance,
.nis morning before | came here |
hau a little case which will illustrate
'ue Importance of this matter. Two
people each own 40 acres of land ad-
'o'ning' There is a spring on one
~. One of them raises alfalfa. This
year ne raised something like 200
'ons' and has sold it to a cattleman,
aereelng that the cattleman can have
the use of the water for the cattle
Hno other purposes. The man on
"nose land the spring is located has
o"ned 1t for few years. His broth
sf-ih-iaw, who owns the next 40, as
sereS ne himself used the water from
sHat spring when the 40 was govern
neht land. 1t is what we call a water
curse and he claims to have the
piior right to this water, and he has
aotified the alfalfa raiser that he
must not use this spring water for
Afieatlon or for the cattle or other
purposes and if he does he will en-
Jun MIN. This present owner knows
ao.nlng about the facts. The brother
-'aw has lived there a number of
.ears and knows all about it. Now
l.