Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1927-10-02

A0GAA-Ns AtAdes ONN. A-ON-~AHt
revision OF Texas water-right laws
will be attempted By Rep. Leonard
Tillotson OF Sealy at the next SEES
sion Of the legislature, be announced
here
lie also will seek distinctive
changes" in the water policy of the
state 10 conform it more nearly 70
the Intent Of the constitution.
AT present" Tillctson said. Tex
as finds Itself in the somewhat an
omalous attitude Of having two POLL
eies FOR the control, distribution and
utilization Of its waters OF ordinary
flow and flood flow
In the first place. tie original
Astatates recognized the doctrine q
Appropriation, which means that
Eeycr an application for TAX
kate- from a stream expresses u
recognized by the law, suea
or appropriation is entitled
lit in order OF the filing
licat.on. Under this die
t.irc R%Dlicy il becomes the duty
Of the State Bc.rd o. Water EISi-
nccrs, 20 graz. permits, and rrac-
tically their cnly consideration IL
that the vo!c-le or water authorized
to be sckeu for appropriation shall
not exceed in the aggregate the es-
timatcd maximum volume available
for distribution.
No Note of Public Interest
"This doctrine Of appropriation
looks exclusively 20 the personal ad-
yanteges to be gained By the indi-
vidu3l appropriation. IL takes no
note OF the question Of public inter-
est in natural resources; or OF the
States responsibility 20 conserve ana
utilize natural 20 the
greatest advantages Of the people;
nos even to . iudIcious correlation Of
the possible uses Of water, through
which il may serve the maximum
number Of people.
IL does not even return to the
state for the benefit Of the public q
compensation for the exclusive use
Of a Of great value. Il is
not specifically authorized in the
constitution.
THE second policy is what may be
designed as the constitutional policy,
or doctrine OF appropriation, and Is
embodied in the amendment adopted
in 1917, known as the conservation
and reclamation amendment, and the
statutes enacted under the specific
authority Of that amendment, all Of
which deal with district organization
by which the many make use Of the
as opposed TO its appro-
priation by the few. The specific
characteristics Of this constitutional
policy is recognition Of the principal
that natural are the corn
mon heritage Of the people which
governments must conserve and de-
NnlnN 80 aLn ~A~.HA- 49, So n.A
that it authorizes the people to initi-
ate the creation of districts with all
surplus waters, both Of government
al agencies to provide for conserva-
tion and use Of all surplus waters.
\ both Of ordinary flow and flood
flow; and distinctly recognize both
\ the beneficial use of the water when
conserved and used TO wealth pro-
fucing purposes, and its control in
he effort for the protection OF
Iealth from destruction by lack Of
Rntrol and beneficial use.
Water Natural Resource
the constitutional policy
we must have recognition Of certain
principals as fundamentals, chief of
which are: (l) Water is our natural
resource Of greatest potential value.
and it is the right and duty Of the
state to conserve il and provide for
its utilization in the public interest
TO the maximum degree practicable.
C2H The state must consider and deal
with each stream as q unit, and
the entire length of the stream and
its tributaries are 10 be held in
tegral parts of the stream. CD All
stream Of the state carrying ordi
nary flow, or carrying waters. should
be declared the property Of the state.
(4) All flood water Of the state
whether arising in streams that have
ordinary flow or not. should be de-
clared the property Of the state. sub
jeet TO distribution and utilization in
accordance with fixed policy of the
state. (5) The waters that consti-
tUte ordinary flow in those streams
which official surveys show TO have
ordinary flow should be recognized
Is being held in trust for the ripari-
an owner to the extent hat such wa
tiers may be required by such ripari-
ar owners for domestic purposes,
and TO the degree that shall not in
fringe the rights OF other like
riparian owners TO the use and en-
joyment OF such ordinary flow, and
as not inconsistent with the public
welfare.
Order Of Priority
Under any plan, either the doc
trine of appropriation, or the consti-
%tutionally indicated program, the
policy in the application and use ot
the waters Of the state, beth the
waters of ordinary flow and flood
waters, must be that which contrib
utes to the welfare Of the greatest
number OF people. II is believed that