11 



This law makes the engineer a mere reeording officer so far as the 

 acquirement of rights ^s concerned. There is no inspection of works 

 by the engineer to ascertain what is done un(k^r the chiims, and no 

 provision for filing of statements regarding tli's l)y tlie claimant. 



The re(|uiring of such filings may he regarded, however, as a step 

 toward a better system which will ])rovide for an inspection and 

 measurement of the completed works and the submission of proof 

 as to dates of beginning and fmishing construction. Such proof, 

 taken as soon as the works are done, when dates and capacities can 

 be easily ascertained and made a matter of public record, will be of 

 great service in ])rovi(ling a table of rights to all streams. But the 

 application of the water appropriated to a beneficial use is necessary'' 

 to the acquirement of a right, and there should be ])rovision for the 

 taking and recording of j)roof as to the use of water, as well as the 

 construction of works. 



DISTRIBUTION OF WATER. 



Colorad(^ was the pioneer State in providing for the distribution 

 of water by public officials, the engineer being the head of the system. 

 The State is divided into five divisions, the boundaries of which are 

 determined by drainage lines, so drawn that each division is inde- 

 pendent of all otliers, as no water flows from one to another. Each 

 division is divided into districts, each of which includes a tributarv^ 

 or a section of a stream, the idea being to make the districts of the 

 sizes which will make the distribution of the water easiest. For 

 each district there is a commissioner, w^ho has direct charge of rciru- 

 lating the head gates of the ditches in such a w^ay that the water \vi\\ 

 be justly distributed among those liaving rights to its use. For each 

 division there is a division engineer, who has supervision of the water 

 commissioners of the districts wdthin his division, w^hile the State 

 engineer has supervision over the entire matter of distributing water. 

 In the distribution of water the commissioner is governed by the 

 decrees of the court defining rights, being required to close the gates 

 of all canals whose rights have not been defined, at any time wlien 

 there is not water enough for all. In order that the commissioner 

 may know how much water he has with which to supply these decreed 

 rights, the State engineer is required to make gaugings of streams, 

 while ditch owners are required to put in measuring devices in order 

 that the commissioner may know how much water he turns into 

 each ditch. This outline makes it look as if distributing water was 

 a comparatively simple matter, but in practice it is not so. 



Many of the decrees are indefinite, making it necessary for the com- 

 missioners to interpret them. Most of them have awarded to some of 

 the ditches more water than has ever been diverted by them, while in 

 theory the owners of a ditch are entitled to no more water than they 



