Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-02-11
TEXAS DAILY PRESS LEAGUE
Foreign Advertising Representatives
Would Amend Water Law

West Texas will seek several amendments to ex-
listing water laws, according to NJ. X. Graham, a di-
rector of the West Texas Chamber of Commerce, who
was very active in the controversy between Brown
wood and the insult power interests relative to pro-
posed utilization of the waters Of the Colorado.
According to Mr.. Graham's statement, West Texas
will seek what he terms minor amendments" but
which. il enacted, would vitality affect irrigation and
power. interests on all unnavigable streams. Whether
West Nlexas has sufficient influence to secure the
proposed amendments remains to be ascertained. bu-
unless they are modified it is obvious that every in
terest Of the state outside the West Texas section will
voice vigorous opposition.
Mr.. Graham holds that the state has no owner
ship of any part of unnavisable streams nor any con
troll over them, except for governmental purposes. He
also contends that landowners, or an association Of
landowners in the form of an irrigation district, -
the right to collect and appropriate to its own ~ all
surface waters on their lands without liability " 9TH
ers lower down, but that this pre-emption begins only
when the water is impounded. lie also asserts that the
uses to which the water may be put should rank as
follows: First, municipal and industrial; second. irri-
Cation; third. hydroelectric power. With the latter
feature Of his contention the wate6.interests Of the
order for many years.
The most novel suggestion Of MIR. Graham, and
which he announces will be incorporated in the stat
utes if West Texas can exert sufficient influence, is
to give the power TO condemn according to the rank
specified. In other words. if in the dim future a group
of landowners desire TO irrigate their farms. they
would be at liberty to condemn water being used for
hydroelectric power; or if a municipality decided its
supply was insufficient it would have the power to con-
denim water being used for irrigation.
The proposal submitted By Mr.. Graham is about
the most pernieious that has emanated from West
Texas. His condemnation plan would prohibit devel-
opment OF the states waterways. No power company
would expend millions TO erect dams and plants if the
future or the investment were jeopardized BY the dan
ger OF a few landowners later appropriating water for
irrigation. No irrigation project would be secure If
it were mcnaccd By the possibility that some mush-
room municipality would suddenly spring to life and
demand the water that should 90 onto the farm land.
No irrigation district could sell its bonds under such
conditions, and no individual, district or company
would have an incentive to develop the streams of the
state.
Apparently all Texans, except those in West
Texas, are well satisfied with the existing water laws.
They are the result of thirty years of research. They
have gradually been built up from crude measures to
the what is conceded the most comprehensive and
equitable laws OF any state in the Union. However,
they do not give West Texas the privilege Of holding
right to the water and to wait fifty years or a cen
t1ry to eventually develop irrigation for compare
lively small areas.
The proposal emanatinE from West Texas, In en-
acted by the Texas legislature, would result IN ire
parable injury to the irrigation interests on the lower
reaches Of the streams, which would be forced TO
abandon further development while they waited pa
tiently for the landowners Of the arid and wind-swent
plains OF West Texas to decide whether they desire 10
appropriate such waters for irrigation.