The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1916-09-15

teiil each water user has placed upon
MS land a mortgage lien which, being
OF record, frequently proves an en-
Darrassment to such individual when
ever he desires procure loan
upon lands subject to the water
rlght llen) under the federal banking
act from money-loaning companies
OF under the -ecent rural credit act
put under the irrigation district plan,
tneSe obstacles are removed.
When district is fully ORGANIZED
under the law, individual liens unon
the land are released and the district
as a whole, is held for the contracted
Indebtedness, in the same manner in
which school district, county, city,
or other municipality may be held
upon an issue of bonds for school
county, city, or other municipal pur.
poses, leaving the liens to accrue only
IN case OF a default in payment OF
taxes LEVIED for the payment OF such
Indebtedness, or what NAV be termed
a tax lien for default in payment of
such tax, not a lien OF record for the
entire Indebtedness. In other words
IN an abstract of title for the purpose
OF procuring loan, no lien will be
ulSclosed, unless it be for one or more
unpaid instruments of taxes levied
Necessary Steps.
1t will thus be observed that If
those on reclamation projects are to
receive the benefits of the federal
banking act, rural credit loans, or
even loans by the state or loans bv
Id Se loanlng companies the pro
Jects VIII have to substitute the ir-
rlgatlon district plan for the present
system.
Several states have adopted the
irrigation district plan, but it is I'M
portant that these laws further be
amended in some particulars.
All irrigation districts, therefore,
should be Organized prior to the con-
venlng Of the next legislature. BY SO
dong any defect now undiscovered
may speedily be met by procuring
IRON the legislature soon to convene
the required amendment or amend
ments without waiting two years
more tor these benefits.
In the past some prejudice has ex-
isted against irrigation districts, prin-
clpally due to wildcat organizations
by incompetents and spectators who
had in view the sale of bonds on GER
tam projects, where neither suffi-
clent water supply nor proper sur
roundings were found available,
which in some instances were due to
lack OF investigation along these lines
PRIOR to the organization of the dis
trict.
Suggests Substitution.
These defects would not exist
should any of the reclamation prof.
ects now in operation substitute for
the water users association the irri-
cation district plan.
The irrigation district plan of or
ganization, of course, will not pro-
vide water supply where none ex-
lists or make good land out of bad,
nor will it convert into success a
reservoir which, by reason of natural
formation of its surroundings and
lack of water supply, may be fatally
defective.
In sections where irrigation is re-
lied upon there is implicitly included
in the irrigation district plan the
right to make all necessary contracts
looking toward the drainage OF such
parts OF the district aS might be
found necessary.
This position has been upheld by
the supreme court of Idaho, where
the plan has first been fully and
successfully tried and properly pre-
scented to the courts for determine
ton This irrigation district plan can
therefore, be used to solve the drain
age problem and it has been so held
by the supreme court.
May Tax Lands.
In the case of drainage, the lands
within the district, like lands for irri-
cation, may be taxed only in proper
ton to their share of the cost. II
there are lands in the district that
cannot be irrigated or lands for which
drainage is of no benefit, then these
lands may be excluded from taxation
tor one or the other purpose, but ali
lands in the district, whether in cul,
tivatlon or otherwise, must pay the
taxes for either purpose.
AS indicated, under the new law the
same liability follows the lands
whether private lands or entered OF
unentered lands. Drainage districts
were only devised for use in local.
ties where drainage, and drainage
only, is necessary, such as in states
or parts of states Gas in western
Oregon, for example), where bitches
and canals are necessary to keel
water off the land and not with !
view of running water onto it. Drain
age districts will not solve the irri
CATION problem. Hence, when irri
cation is necessary, irrigation, anc
not drainage districts should be or
ganized. This is the settled policy
of the reclamation commission.
For the perfection of an organiza
ton under the irrigation district sys
tenn, and for the placing thereof il
proper condition, and for dealing with
the United States, the time required
under the different statutes varie.
from three to six months. As stated