The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-10-05

| WIN IVY IL ny BONtIuOl
there would be no difficulty regarding
water rights later; we were proposing
to dam small river which, down
stream, crossed an Indian reserva-
ton. He assured me that because of
the gravel subsoil In our area there
might be as much as 759o of the water
we used for irrigation in our area re-
turned to the river lower down in re-
turn flow and for that reason our
dams would be an asset rather than
detrimental to the Indian Bureau in
terests. Therefore, there should be no
difficulty from that source
After spending several thousands
Of dollars building canals and making
soundings for dams we were stopped
by the Indian Bureau because of their
prior water rights, hence all the spring
runoff and most of the normal flow
of that river has been running on to
the Gulf of Mexico benefitting no
one Had an authority been operating
in the region there is no doubt In my
mind an agreement could have been
negotiated with the Indian Bureau
that would have been extremely bene-
ficial to the entire area.
The question of water rights is a
very complicated and interesting ques-
ton. In Montana the question of who
is concerned with protecting water
rights and for whom they are protect
ed is interesting but quite apparently
not so complicated.
A few years ago the Water Conser-
walton Board constructed a diversion
dam in the Missouri river at Toston,
Montana, for the purpose of diverting
enough water to irrigate about 10000
acres, utilizing a gravity flow. Before
the project was completed the Mon
tana Power company started a quiet
title suit attempting to establish title
to all of the water in the Missouri
river above their lowest downstream
dam near Great Falls, Montana. The
power company won its case in the
federal district courts. Montana water
users then appealed to the Circuit
Court of Appeals. 1t is my under
standing that the Circuit Court held
that the case was not properly in the
federal courts and dismissed it, AS a
result, the farmers are still using
water at the Tosten project Obvious
ly, this was a very important case
and of great interest to everyone in
Montana, but with one or two excep |
tions no newspapers carried informa-
ton about the case and this informa-
ton was obtained only after the case
had been in court for several weeks.
The power company dams are low
dams with very small storage reser-
voirs, consequently large percentage
Of water at peak flow seasons is lost
as far as power generation possibili-
ties are concerned. The cost of build
ing high dams with adequate storage
basins would be such that it is obvi-
Ously not feasible for a private util-
ity or the state of Montana to consider
such construction.
AS stated before, the federal gov
will build such dams for flood
;OHlTOl anu all LIdI IS necessary Is
an Authority to coordinate and adj
the construction and use of
.hese federal projects to the end that
he interests of irrigation, reclama-
ion, industry and commerce will be
served in the greatest degree possible.
An interesting question comes to
mind at this point. Why should state
officers and citizens say nothing when
/ private corporation attempts to gain
control of water rights and a public
esource, much of which resource the
is obliged to waste; and
hen later when plan is advocated {
or the federal government to develop '
his same resource in the interests of 2
IL, why should these same officers
nd citizens shout to high heaven {
bout a federal super-state coming ]
n to destroy and take over individual :
water rights? Much could be said in c
nswer to this question, but to my t
mind the simple answer is, we as
itizens of this country must make