And State Papers 565 



land it renders productive, and the doctrine of pri- 

 vate ownership of water apart from land can not 

 prevail without causing enduring wrong. The rec- 

 ognition of such ownership, which has been permit- 

 ted to grow up in the arid regions, should give way 

 to a more enlightened and larger recognition of the 

 rights of the public in the control and disposal of 

 the public water supplies. Laws founded upon con- 

 ditions obtaining in humid regions, where water is 

 too abundant to justify hoarding it, have no proper 

 application in a dry country. 



In the arid States the only right to water which 

 should be recognized is that of use. In irrigation 

 this right should attach to the land reclaimed and 

 be inseparable therefrom. Granting perpetual water 

 rights to others than users, without compensation to 

 the public, is open to all the objections which apply 

 to giving away perpetual franchises to the public 

 utilities of cities. A few of the Western States have 

 already recognized this, and have incorporated in 

 their constitutions the doctrine of perpetual State 

 ownership of water. 



The benefits which have followed the unaided de- 

 velopment of the past justify the nation's aid and 

 co-operation in the more difficult and important work 

 yet to be accomplished. Laws so vitally affecting 

 homes as those which control the water supply will 

 only be effective when they have the sanction of the 

 irrigators ; reforms can only be final and satisfactory 

 when they come through the enlightenment of the 

 people most concerned. The larger development 



