Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-12-17
CONTROL
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project; G. e. Heidel, state engineer,
Helena; G. r. Hedke, engineer for the
Conway company, Billings: W a. Lamb,
district engineer, e. S. G. s., Helena;
p. .. Roddis. district counsel, e. s. u.
s., Helena; O. Ell. Junod, Sheridan. and
Phil l. Cole, Choteau, recomm ended the
enactment of a law under which adjudi-
cation of water rights be made by the
state engineer with the right OF iiri-
gaIts to appeal to the district court.
1t also recommended a revision 81 The
Whole of Montana $ water code.
The full report Of the Legislative
committee follows:
AT the first annual meeting of the
institute held at Bozeman in January,
1870. the pressing need for adequate
water laws in the state was realized.
Accordingly, a legislative committee
was formed with instructions to com
pile a water code, which would fit the
conditions we have in the state and
also follow the latest successful laws
IN other states. A bill was prepared
for presentation to the legislature, a
review OF which is given on page SO
OF the proceedings of the second annual
meeting sOf the institute. This bill was
presented to the legislature as III. Il.
90, but was reported out of the com
mfttee adversely. A rUpy Of the code
as presented at that time is given in
the proceedings of the. third annual
meeting on page 90.
AT the last meeting of the insti-
tute held at GreatsFalls on December
s to 10. 1921, it was the eoncensus OF
opinion that we should not rest on one
unsuccessful attempt but should CON
tinue TO present our case before the
legislature until our desires wefe
realized. This attitude is reflected in
the following resolution which was
duly adopted by the institute:
Now, therefore, be it resolved,
that it is the sense of this institute
that Montana should. at it's next legis-
lat1ye session, enact a water code
which will provide for the survey, ad
ninistration and determination Of the
rights to the use of the waters of the
state according to the general plan es-
tablished by the majority Of the west
| ern states.
Better Code Sought
Your committee on legislation left
the meeting at Great Falls with the
intention of doing its utmost to realize
as successful ii consideration of the
code by the legislature as possible. But
as time passed, it became more ana
More apparent that the increasingly
adverse financial conditions in this
state would not only make it unwise
! but unreasonable TO present the code
to the legislature in it's present form
and expect it to receive any consider
alton.
at was at this time that the strong
! est and most ardent worker on your
committee. Willis j. Egleston. wa
taken away With the deepest sorrow
the work which he had SO ably start
! ed was taken up and a consideration
attempt has been made to carry on d:
we'll. Three new members We're addee
to the committee namely: E. E. Rod
dis. Helena, O. H. Junod, Sheridan
and Phil /. Cole, Choteau.
TO meet the existing conditions tn
entire committee has made a thorough
study Of the code with the intention
Of making revisions which would de
crease the expenditure necessitated a
its exists and yet not impair its effec
tiveness to the extent thatit would no
be a marked improvement over on
present laws. From this study the fol
lowing conclusions were drawn:
THAT no salary increase shouls
be recommended.
"2-That q board of control shoul'
be eliminated by imposing the admin
istration Of this act upon the state en-
gineer, who shall from time to tim,
employ deputies when necessary.
Would Spare Adjudication
'33-That the adjudication Of the va
ter rights in the state should only b
undertaken when the necessity arise
and that the adjudication shall be &C
complished by the state engineer witt
right of appeal to the district court
THAT all future appropriation
Of water shall be made through tn
state engineers office and copies o
the decreed rights only shall be trans
ferred fro-4 the various county record
upon the passage of this act. Record
on non-adjudicated streams TO tn
date Of the passage of the act are t
be left in the county records until a
adjudication is called for.
"5-That no irrigation enterprise in
GLIDING more than 1000 irrigable acre
which is organized for the purpose o
cola ar tho post of uhich 10 ,nat h,