Evening capital news. (Boise, Idaho) 1901-1927, 1917-01-09

Bonds were issued to represent this
waste. as we'll as the real benefits
through the construction of the work.
The settler was led to believe that the
lands he filed on would have water
for irrigation purposes. but he has
failed TO receive II, and Is now con-
fronted with maintenance charges and
water right charges which he cannot
meet, while the company is without
money to complete and operate the sy3-
tenn and disappointment has taken
the place of hope.
In all Carey act contracts. there Is 81
clause stipulating that the purchaser
shall receive a certain number of acre
feet OF water per acre, or its proper
tionate part thereof This has been
one of the great mistakes in the draw
ing up of Carey act contracts, and 1t is
the one that has caused most of the
trouble. The company claims the right
to deliver n proportionate part of water
in dry seasons but demands full pay
ment and full maintenance charges I'M
der such adverse conditions. The land
board has sometimes given the COM
pany privileges which are not in accord
with good business methods, and now
the state is confronted with these pro-
/ jects unfinished and in an unsatisfac-
tory condition.
l believe a law should be passed do
Ing away with the requirement for an
entryman to make final proof before
the lands are actually reclaimed and
water is furnished sufficient to raise
fair crops and that no patent should ne
4 requested from the government and
none delivered to the settler until the
company has fulfilled its obligations.
The company should be compelled to
separate the water rights sold from the
lands and the right to the use of water
should be a property right that can be
transferred ut will of the purchaser
under reasonable restrictions so that
he may be able to acquire or sell his
water right and recoup himself for
some of the losses sustained and the
cost of water rights on these projects
should be reduced to such a price as
! viii enable the settler to live upon the
lands and support himself and family
The company entered these projects
for the reclamation OF the lands with q
view to making money out of the I'M
dertaking. 1t was simply a CONNER
cial transaction and if the company
| over rated it's assets and turned same
into liability, 1t is to be regretted, but
it is no ones fault but its own.
/ The land board has repeatedly asked
these companies to make some prac-
teal demonstration of their willing
ness to make amends for their mis-
takes, but so far nothing has been az
complished. ! believe the time has ar
rived for the state to exert its SOW
erignity and ownership. not In the
lands but in the water and this legis-
lature should make a positive declara :
ton that the water Of the state of
Idaho belongs to the people of the state
Of Idaho and is not owned, and cannot
be owned, by any corporation or indi-
/ vidual except In its use for the pur-
pose of irrigating the lands, and the
lands so undertaken to be irrigated
must receive a sufficient amount Of
water for the raising of crops. Any
company that is not able to perform
these functions should have no further
rights or should have q receiver ap-
pointed and the privileges granted to il
revoked. The period of compromising
seems to have passed, and the hour
for action IN my opinion is here Every
overture made to the company so ia,
Oii SOIllt OIL tIitSc plOJeGlS HAS ItSuil0A
in failure.
The bondholders claim more right
for their company on certain preiecrs
than the state which furnishes the only
means for its existence, the water A
law should be enacted which would
make it possible to take these questions
at once into the highest courts of oui
state for prompt and quick solution
u 81, hot ttnY
, may be cleared up and the mistakes q
the past corrected so far as possible
From past experiences. we should
take lesson for the future and before
your honorable body adjourns. there
should be put upon the statute books
law governing irrigation that should
be plain and simple and deal with the
question in unmistakable terms.
First-Idaho does not want men te
be solicited to invest either In lands
or irrigation securities, unless the pro
posed investments have genuine merit
and the necessary clements Of success
orr lands are too valuable and oul
waters too precious to be made the
subject of speculation by promoters
The failures OF the past were not due
Ia intentional dishonesty, but were IA
Their the result of ignorance of neces-
sary facts and to a superficial
knowledge of the water supply, or &c
shortsighted and incompetent engineer
j. ing, extravagant financing bad man
agement and poor operations.
Second-The first declaration to be
made is that The waters Of Idaho, be-
longing to the state. are not to be do
mated given or lent 70 any individual
or corporation. excepting so far as they
may be used for beneficial purposes
for irrigation. which should mean a
sufficient quantity of water to raise
ordinary crops, and not To be measured
: out by feet or inches, but by necessity
as it develops from time TO time. Any
irrigation project where the use of the
water can not be made to comply with
these provisions should not be under
taken, and before any new Carey act
cograyation shall he aSked by the state