The Richfield recorder. (Richfield, Idaho) 1909-1931, 1915-12-10
REDUCTION OF ACREAGE
RESTRICTS PROGRESS
Senator Bowman Criticises the Rec
OmmOndatiOn of Commission

! elSHIS, udlI-Or any OIner SpeclHC
volume of water per acre, save the
duty as that duty is determined by a
competent authority and not by the
individual opinion, is vicious in its
trouble breeding proclivities.
WATER BELONGS TO STATE
The thing the water users Of Idaho
will have to learn is that water is not
nor can it ever become private prop
erty per Sc. They must be made to
understand that the waters of the
state Of Idaho are the property of the
state and that their use is constitu-
tionally declared (section 1, article
l5,) and justly, too, to be "* A
public use and subject to the regula-
ton and control of the state in the
manner prescribed by law" They
must realize that First in time first
in right applies only to turn of ap-
plication and not to duty, that (sec-
tion 5, article Is, of the constitution.)
"* Whenever the supply of such
water shall not be sufficient to meet
the demands of all those desiring to
use the same, priority of right shall
be subject to such reasonable limita-
tions as to quantity of water used and
times of use as the legislature, having
due regard both to such priority of
right and the necessities of those sub
sequent in time of settlement or i'm
provement, may by law prescribe"
No man in Idaho can hoard water
can posses himself of it and maintain
that possession except for actual ben
eficial use, and the state reserves the
right to say how much, when and in
mat manner he shall use it.
DANGEROUS LICENSE
The equations of ignorance or sell
1ishness, acquired or inherent, in the
individual compels the necessity of
this. When an individual is permitted
to determine the extent of his private
use of public property, the principle
of organized control is abandoned and
inevitably anarchy ensues.
That is the condition of the irriga-
ton industry of Idaho at this time
confusion, chaos, disorders, are ram
pant, strifes abound, hatred and sus-
picion intervene between neighbors,
litigations multiply and shysters feast
upon the cupidity and stupidness of
1he misguided irrigationist like vu,-
lures upon the carrion that cutters
the field of physical carnage.
1t is terrible Indictment, but it is
true.
1t is the result Of legislative wander
ings from the great cardinal principles
fixed in the states organic law.
1t is the natural sequence of depar-
ture from natural equity.
1t is the fruitage of mad scramble
to parcel out to private control a
great private property, the use of
which, if Idaho is to attain to her full
measure of development, must forever
be "* public USE
What then? Does the commission
hope to bring order out of disorder,
harmony from discord, peace out of
strife, by going deeper into the tangle
of misconception?
DISCRIMINATION
Would it develop Idaho's wonderful
irrigation opportunities by saying,
"These may irrigate and those shall
not?"
Would it lift it's hand in thep ath
of progress and bid it stay the on
ward march upon a theory that the
accident Of time gives inviohte right
to monopolization by individuals Of
that which in nature is the just in
heritance of all?
The duty of water is as inffexible as
the supply that is changing forever,
1t cannot be measured like acres of
land in fixed and permanent
amount. 1t cannot be bound by the
signature of man nor the words OF
a written deed. 1t cannot be dacreed
by court and ordered the same today
and tomorrow, for God and the ele-
ments obey neither judge nor jury nor
mandate of man-made law
The duty of water is service and
that alone.
The title to water is use and uoth-
ing more.
PROPER CONTROL
Why not, then, instead of advising
construction Of Idaho's irrigation de-
velopment by seeking to perpetuate
the fallacy Of rigid title to definite,
flow, provide compe-
tent administrative authority. repre-
sentative not of the whim OF the indi-
vidual but of the rights of the state,