THE PROGRESS OF WESTERN AMERICA. 



39 



secretary, for inaugurating the movement 

 which resulted in the organization of the 

 Congress, and also to the Southern Culti- 

 vator for effective aid. 



At the closing of the proceedings Presi- 

 dent Hunnicutt made a. stirring address. 

 He urged prompt and effective work ami 

 laid stress upon the importance of the 

 Southern States having a grand exhibit of 

 the products of irrigation at the Tennessee 

 Centennial Exposition. 



A SOUTHERN IDAHO SYSTEM 

 OF WATER RIGHTS. 



BY J. H. LOWELL. 



IN 1893 a company constructed a canal 

 designed to water 15,000 acres of 

 bench land between the Boise and Snake 

 Kivers, at Roswell, Canyon county, Idaho. 



The first idea of the promoters was to 

 sell water rights and charge a fixed an- 

 nual rental, as is the custom of similar 

 enterprises in this State, but upon a care- 

 ful study of the situation they arrived at 

 the following conclusions: 



1st. That the owners of the land 

 should also have the absolute ownership 

 and control of the water. 



2nd. That the annual maintenance fee 

 should be charged on every acre of land 

 for which water right is purchased, whether 

 the land be cultivated or not, and that it 

 should be sufficient for the proper operat- 

 ing and repair of the canal and no more. 



In the absence of any State law authoriz- 

 ing an irrigation district (such a law has 

 since been passed, but is practically inoper- 

 ative pending the result of the California 

 litigation), a company was incorporated 

 known as the Riverside Irrigation District, 

 Ltd., which was stocked on the basis of 

 one share of stock to each ten acres of 

 land covered by the system. 



Water can only be obtained by the pur- 

 chase of stock in the company, and upon 

 the face of each certificate is a description 

 of the land to which the water is made 

 appurtenant. Based upon this certificate 

 of stock, the company issues a water 

 deed, conveying to the holder of the stock 

 his proportion of water, and making the 

 same appurtenant to the land for which 

 the stock is purchased. 



Incorporated in the deed are some pro- 

 visions considered necessary for the proper 

 and systematic administration of thecom- 



ARTHUR W. PHILLIPS, 



Of Douglas, \Vyo. The author of tlie " Mineral Wealth 

 of Wyoming," in tills number. 



pany's business, as for instance: Agree- 

 ment as to control of gates? and measuring 

 boxes; to prevent undue waste; to restrict 

 assessments to actual cost of maintenance; 

 to provide method for levying assessments. 

 By this means it is sought to guard against 

 the sometimes loose methods of mutual or 

 "farmers' " ditches. 



This deed is duly recorded and is made 

 binding on the successors to the parties in 

 interest. 



Stock can only be transferred on the 

 books of the company upon the presenta- 

 tion of a duly executed deed for the land 

 to which the stock is appurtenaiit. In 

 case part of the land only is sold, it carries 

 with it its proportionate share of stock. 



It is sought to make the water belong; 

 to the land rather than to the individual, 

 and this we believe to be the true theory 

 of the appropriation of water. 



When any land is sold, the stock belong- 

 ing to it is simply transferred to the new 

 owner, and he holds the water right sub- 

 ject to the agreements and provisions of the 

 original water deed. 



Each purchaser of water stock is at 

 once a full member of the canal company, 

 entitled to vote, hold office and participate 

 in all the company's business, and when 



