The circle banner. [volume] (Circle, Mont.) 1914-1939, 1920-09-10
IRRIGATION in MONTANA Is NECESSARY TO
STABILIZE THE STATES FARMING INDUSTRY
WATER FROM STREAMS IN ACCORDANCE RIGHTS
By G. A. BENJAMIN. Irrigation Manager Sun River Project

I a long reach from the early laws in
Colorado that served the purpose I'M
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 certain
tract on one of the important rivers
of Montana having 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 owners were deprived of
water during the balance of the sea-
son, thereby losing valuable crops
which financially embarrassed the
company. Another case occurring on
a sizeable stream is that of 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 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 court, which appoints
a referee to take charge of the deliv-
cries on the stream. 1t may be con-
ended that writ of injunction can .
De secured to protect the rightful !,
owners and that the laws of the state :,
ire adequate, if put into effect, to
ecure damages against persons I'M :
awfully using water. However, :
uch procedure puts the burden of ;;
,roof upon the wrong person and is :
poor working tool for a water user :
It time when his crops are endan- :
,ered by drought. !.
The state should have charge of !.
he distribution of water from the :
treams through efficient officers \
lothed with adequate authority. 1t =
5 not absolutely necessary that such =
Ulcers should be highly technical !,
len. In older states like Colorado !,
cry efficient officers for this line of g
TX have developed among the en- II
loyes of the various ditch companies "
r among the water users themselves. =,
commissioners districts are generally :,
)rmed with the idea of embracing !,
lie territory easily accessible from a y
)mmon point, and may take in two ~
T more contiguous river valleys orr =,
q irrigated section that depends on "
common source for its water sup y,
". In creating water commission 10
8 districts the best results can pro- 30
ably be secured by steering clear of ~
lie idea of local management. The h,
should be an appointee 10
the governor, but in general it is ~
lvisable to give the county commits in
oners within the district authority :.
submit names of competent per- ay
ms to the governor from whom the ~,
,pOintment must be made. In the he
ate of Colorado the diversion of ~.
ater for irrigation and storage is h,
holly under control of such officials 70
I'd the act creating the offices and ~
filming the duties of the commits br
3ners has proved to be one of the ~
ost beneficial acts ever enacted in ~
e state.
There is, however, law in force in ST.
is state that is decidedly weak in ~
5tering the development of irriga- o I
N. A company, district, or user ~ ~
wing an adjudicated right to GER oI
IN number of second-feet of water 10
on which it has filed for a specific oe
rpose may neglect its management an an
the system to such an extent that l s
GRAFTON Is entirely suspended. A ~
yere flood may undermine its head ~.
te or a cloudburst damage its ~
nks so that considerable expendi- ois