230 



THE IRRIGATION AGE. 



by the irrigation system is the reclaiming of des- 

 ert land. From this is expected to flow other ben- 

 efits, in which the public at large has an equal share. 



IKRIGATION POLICY IN FOREIGN COUNTRIES. 



But let us see what is the custom of all civilized 

 countries, where irrigation is practiced, in regarding 

 the benefits therefrom as public or private, or the 

 question as one concerning the State or private indi- 

 viduals merely. Let us examine the policy of France, 

 Italy and Spain. In each of these is irrigation re- 

 garded as a public question and the benefits derived 

 therefrom as strictly public benefits. As a conse- 

 quence these governments have in every possible 

 manner promoted the development of irrigation sys- 

 tems by passing irrigation laws, granting concessions to 

 promoters of works, allowing communities to associate 

 themselves together for the same purpose, allowing 

 municipalities, provinces and States to construct works, 

 authorizing the general government to construct works 

 with public moneys, etc. Every one is familiar with 

 the irrigation policy of the English Government in 

 India. In fact we fail to find a country where irriga- 

 tion is not regarded as a matter of great public con- 

 cern and benefit, if regarded at all. 



The question of irrigation is essentially a public 

 one and is recognized as such the world over even to 

 a greater extent than the drainage and reclamation of 

 swamp lands. Now in the absence of a declaration in 

 the Constitution of the United States that it shall be a 

 private matter in this country, we must regard it as 

 public, this being the opinion and policy of the whole 

 civilized world, based on logic, custom and written 

 laws. In the face of this can we doubt that the 

 United States Supreme Court will sustain the district 

 law in California? It has already sustained the 

 reclamation district law, and which is of the greater 

 public importance to the people of California, the re- 

 claiming of desert land or of swamp land? Every one 

 knows that for every acre of swamp land to be re- 

 claimed there are thousands of acres of desert lands. 

 In fact the future wealth and prosperity of California 

 as a State must come from the irrigation of its great 

 deserts. 



METHOD OF ORGANIZING DISTRICTS. 



The next question is, does the Wright Irrigation 

 District Law authorize the taking of property of a 

 person without the due process of law? The law pro- 

 vides for the presentation of a petition to the Board 

 of Supervisors of the county where the greater por- 

 tion of the land sought to be formed into an irrigation 

 district is situated. The board must give notice of a 

 hearing and conduct the same at the time and place 

 designated. There is no restriction as to who may be 



heard. Every one having a grievance can be heard 

 and the only restriction placed upon the board is that 

 " upon the final hearing they may make such changes 

 in the proposed boundaries as they may deem proper, 

 and shall establish and define such boundaries; Pro- 

 vided, That said board shall not modify said bounda- 

 ries so as to except from the operation of this act any 

 territory within the boundaries of the district pro- 

 posed by said petitioners which is susceptible of irri- 

 gation by the same system of works applicable to the 

 other lands in such proposed district; nor shall any 

 land which will not, in the judgment of said board, be 

 benefited by irrigation by said system be included 

 within such districts. Provided, That any person 

 whose lands are susceptible of irrigation from the 

 same source may, in the discretion of the board, upon 

 application of the owner to said board, have such lands 

 included in such district." There is nothing forbid- 

 ding a hearing to any one on any question involving 

 the sufficiency of the petition, the right to include 

 any land or exclude any other, the question as to 

 whether any of the land included will be benefited 

 by irrigation or requires irrigation, or on any other 

 question touching the point at issue. But upon a 

 final hearing if the board shall find that the law has 

 been complied with and that it has jurisdiction of the 

 matter it shall define the boundaries of the district 

 in the manner provided, which it must be conceded is 

 in every way an equitable one. The board can not 

 make fish of one and fowl of another, that is all. 



There is nothing forbidding an appeal to the 

 Superior Court, from the determination of the Board 

 of Supervisors and there is every opportunity for the 

 person whose land is sought to be taken into the dis- 

 trict to be heard as to his rights at the proper time. 

 Further, there is a provision for a confirmation of the 

 proceedings in the Superior Court, at which any one 

 interested may appear and contend for his rights, and 

 the fact that the district does not have to seek a con- 

 firmation is no objection, as any one interested may at 

 any time attack a district before the confirmation pro- 

 ceeding has been begun and the district may pray for 

 a confirmation in its defense of such proceeding be- 

 gun against it. In the assessment of property and 

 collection of taxes it is the same. 



There is opportunity to be heard on every point and 

 a "due process of law" is observed throughout. A 

 perusal of the law will reveal the fact that the use of 

 the courts and rights accorded to the people by the 

 laws of the State is preserved to them throughout. If 

 any one is treated unjustly and does not have his day 

 in court, it is because he sleeps on his rights and not 

 because there is any effort to wrest his property from 

 him without " due process of law." 



UTAH PKODUCTS. 

 Grown by irrigation along the line of the Rio Grande Western Ry. 



