71 



ation of the rights of ditches immediately above the State line in 

 Wyoming and those in Nebraska. 



The rights in Wyoming along this section of the river are, for the 

 most part, subsequent to those in Xebrasiva, and a large part of those 

 given in the table have not vested, but depend upon the completion 

 of works and the use of water in accordance with the [)ermits issued 

 bv the State engineer. The largest outstanding i)ermits on this sec- 

 tion of the North Platte in Wyoming are those of the Whalan Falls 

 Canal Company and the Fort Laramie Canal and Reservoir Com- 

 pany. The former has a permit to divert w^ater for 20,000 acres, the 

 work to be completed in 190(). Some work has been done on this sj's- 

 tem, and the State engineer has authority to extend the time for the 

 completion of works, so that it may be some years before the rights 

 of this company are settled. The Fort Laramie Company has a per- 

 mit, dated 1904, to divert water for 36,107 acres, the work to be com- 

 pleted in 1912. These two companies have pending rights which 

 may equal more than 800 cubic feet per second, 300 of which can not 

 be finally settled until 1900, and 500 of which can not be settled until 

 1912. 



The rights of the ditches in Nebraska, as given in the table, were 

 not finally determined, but were conditioned upon the completion of 

 the works as planned at the time of the adjudication. (See p. 41.) 

 Very few of these ditches has been completed, and their rights as 

 eiven in the table are therefore largelv in excess of their needs. The 

 most striking example of this is the case of the Farmers' Canal, whu'h 

 has the second right on the stream and was granted conditionally 

 1,142.8(') cubic feet per second, dating 1887. A decision of the su- 

 preme court in The Farmers' Irrigation District /'. Frank « (see p. 41) 

 has made this right absolute, except that it may be lost by abandon- 

 ment. Not more than 2,000 acres have been irrigated by this ditcji, 

 and if its rights were cut down to the volume which has bsen bene- 

 ficially used they would not exceed 30 cubic feet per second. The 

 Gering ditch, which heads immediately below the State line, was 

 given a conditional right to 500 cubic feet per second, while its max- 

 imum diversion in 1903 was 287 cubic feet per second, showing that 

 its right, as given in the table, is nearly double the amount of water 

 to which it can lay claim on the ground of use. But the use of water 

 under this canal is being extended all the time, and it is probable that 

 the ridit to the full volume can not be attacked on the ground of 

 abandonment. 



In both States the full volumes of the rights ultimately acquired 

 by these companies will date from the filing of the applications, or 

 the bejjinning of work where no applications were filed. It has been 



to' 



o 100 N. W., 280. 



