The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1920-09-09
IRRIGATION IN MONTANA IS NECESSARY TO
STABILIZE THE STATES FARMING INDUSTRY
THERE IS URGENT NEED OF LAWS AND REGULATIONS GOVERNING. THE DELIVERY
Of WATER FROM STREAMS IN ACCORDANCE WITH THE RIGHTS
OF PRIORITY


a long reach from the early laws il
Colorado that served the purpose un-
der primitive conditions to those
which today regulate the conserving
of water in her vast storage reser-
voirs and the distribution from her
numerous common carriers.
1t is not to be expected that rights
will be wholly respected unless the
strong arm of the state takes the
matter in hand and yields the big
stick. 1t is recalled that a certain
tract on n of the important rivers
of Montana having a water right on
file dating back to 1881 was depriv-
ed of water for irrigation compare
lively early in the season. After
much delay and irreparable loss it
was found that holders of more re-
cent rights and some without any
rights on file whatever were divert
ing water along the upper reaches of
the stream to irrigate native hay
meadows. Due to lack of knowledge
of procedure and other delays, the
rightful were deprived of
water during the balance of the ca
son, thereby losing valuable crops
which financially embarrassed the
company. Another case occurring on
a sizeable stream is that of a certain
large water user respecting prior
rights by leaving a certain quantity
of water for divergence and use a
number of miles below. Before
reaching the point of diversion the
holder of a right in the river without
any priority whatever opened his
headgate and helped himself to the
water he needed during the entire
period of water shortage. The pro-
cedure in such cases is to serve no.
tice upon a person thus unlawfully
diverting water, after which if the
practice is continued application may
be made to a court, which appoints
a referee to take charge of the deliv-
on the stream. 1t may be con-
tended that a writ of injunction can
be secured to protect the rightful
owners and that the laws of the state
are adequate, if put into effect, to
secure damages against persons I'M
using water. However,
such procedure puts the burden of
proof upon the wrong person and is
| poor working tool for a water user
1t a time when his crops r endan-
sered by drought.
The state should have charge of
the distribution of water from the
through efficient officers
with adequate authority. 1t
IS not absolutely necessary that such
officers should be highly technical
men. In older states like Colorado
yery efficient officers for this line of
,rk have developed among the en-
of the various ditch companies
II among the water users themselves.
Commissioners districts are generally
iormed with the idea of embracing
he territory easily accessible from a
common point, and may take in two
IT more contiguous river valleys or
irrigated section that depends on
common source for its water sup
'ly. In creating water commission !
rs districts the best results can prof. :
ably be secured by steering clear of :
he idea of local management. The }
commissioner should be an appointee !
f the governor, but in general it is :
dvisable to give the county commits !
toner's within the district authority !;
D submit names of competent per- q
ons to the governor from whom the :
p%pointment must be made. In the +
tate of Colorado the diversion of u
for irrigation and storage is +
holly under control of such officials :
nd the act creating the offices and n
efining the duties of the commits +
.oners has proved to be n of the q
lost beneficial acts ever enacted in
lie state. +.
There is, however, a law in force in :
lis state that is decidedly weak in |
the development of irriga- =
on. A company, district, or user I
aying an adjudicated right to a GER =
lin number of second-feet of water !,
pom which it has filed for a specific =
may neglect its management q
the system to such an extent that Z
Deration is entirely suspended. A !.
flood may undermine its head :
ate or a cloudburst damage It's >
anks so that a considerable expendi- :