101 



oi-ucUhI ticld would ikhmI to Itc wortli !♦!• cents ])('r ucro ii year, but there 

 are few praetiral iiriuators who would not admit that the extra quality 

 of the yi<dd. ai)art from any other eonsith'ration. would more than 

 conipensiite for this outlay. 



The saviiiLi- of water would also ])e of ^reat advantage to the State, 

 since it would make possihle the irri^-atiou of more land. As was su^^- 

 gested in th(> discussion of ])oorly eonstrui-ted ditches, rights should he 

 limited to enouuh water for the land irrigated under ^ood practice. 

 Then the loss fiom waste of any kind would fall on the one makino- the 

 waste. 



RIGHTS TO THE USE OF WATER SHOULD BE DEFINED AND 



ESTABLISHED. 



Of the 1,500,000 acres irrigated in Montana oidy a small percontao-e 

 hasa well-detined and clearly established water light. In all prob- 

 ability the adjudicated riohts to the use of water do not cover more 

 than one-tenth of the total irrigated area. 



The records pertaining to the appropriation of water, as tiled in the 

 recorder's otiices of the respective counties, possesses little value, for 

 the reason that the majority of claims tiled do not represent accurately 

 the plans of the claimants and there is no means of ascertaining from 

 the records tlnMnselves which plans have been perfected and which, 

 have been abandoned. 



No definite or accurate information can be obtained from county or 

 State records regarding the volumes which are either appropriated 

 or unappropriated from any pul)lic stream within the boundaries of 

 the State. Neither can any accurate information be obtained from 

 county or State records regarding the volumes carried by irrigating 

 ditches or the extent of the land which each ditch v.aters. 



Those who have maintained or who have been compelled to defend 

 a suit in court until they secured a decree are seldom protected in 

 their rights. Again, some decisions of the courts in water cases are 

 entirely ignored by those who distrilnite and use the water to which 

 the decrees refer, and there is no means of tinding out from the 

 records which decrees are to be observed and which may be disre- 

 garded. The small percentage of rights which have been determined 

 have not proved satisfactory on account of the time required, the 

 excessive cost to the litigants, and the spirit of controversy, if not of 

 open hostility, which usually exists between opposing claimants, thus 

 prechiding the possil)ility of ascertaining the facts. Besides, many 

 decisions are considered so faulty as to be entirely ignored by the 

 owners of the rights afi'ected. 



With few rights determined, and with little provision for the equita- 

 ble distribufon of water according to priorities, it is not surprising 

 that waste, illegal diversions, and unjust allotments should prevail. 



