102 



Unjust distribution of water and failure to obtiiin it at tlie right time 

 greatly afl'ect the annual yiekls. Again, tlieie is the tinii^ and hibor 

 lost in striving to protect one's rights: one man irrigates wliile another 

 patrols the ditch. This common property, so valuable to the farmer, 

 is not controlled 1)V either the State or the nation, and men quarrel 

 over it well-nigh continuouslv throughout the season. The division 

 of water is the chief topic discussed in farm homes from seed time to 

 harvest, :ind communities seem willing to spend tlie greater part of 

 their earnings in protracted litigation. If some of the disadvantages 

 which the owners of irrigated farms have to contend with were 

 removed it could not but result in great gain to the revenue of the 

 State. Take, for example, the one item of increased yield resulting 

 from equital)le division and continuous use of water, and few would 

 estimate the value of this increased yield at less than 2.5 cents per acre. 

 This is seemingly a trivial sum, yet in the aggregate it would amount 

 to §375,000 a year. 



As has been stated, the waste of water, which is the greatest evil in 

 Montana irrigation practice, will tend to correct itself as the demand 

 for water increases, but the evils arising from undefined rights and 

 the lack of public supervision of distril)ution will grow with the 

 demand for water and greatly limit future development. These are 

 matters which can be corrected only by proper legislation. 



In the opinion of the writer, some of the essential features of the 

 irrigation legislation needed hy the State of Montana are as follows: 



(1) To declare the principles herein named upon which the right to 

 use water shall be based: 



(''/) That the waters of the State shall be subject to appropi'iation 

 for beneficial use: Provided, That no water can be legally diverted 

 which is not put to a beneficial use. 



{f>) That rights to water for irrigation shall be appurtenant to definite 

 tracts of land, specified in the applications and permits on which the 

 rights are based, except that rights can be transferred to other tracts, 

 or used for other puj-poses, where such transfer or change in use does 

 not injure holders of other rights or reduce the supph^ bej^ond the 

 amount of the water transferred or used for other purposes: Avd pro- 

 ridi'd farthir. That no transfer or change of use shall be made until 

 approved by the State engineer or the court, after a properly adver- 

 tised hearing has been given to all interested parties. 



(2) To make adequate provision for an early and equitable adjudica- 

 tion of rights to water which have already accrued, thus providing a 

 guide for the distribution of water and for determining the amount 

 of the unappropriated waters. 



(3) To provide for the acquirement of rights in the future by appli- 

 cation to the State engineer, and the construction of works and use of 

 water after the issuing of a permit l)y the engineer: the right to be 



