THE IRRIGATION AGE. 



173 



the control of the public, without the ad- 

 judication of a single right on the stream, 

 without a contract signed with a single 

 land owner, the patron of the proposed 

 company, with a duty for water fixed arbi- 

 trarily, the promoter has induced capital- 

 ists to expend millions of dollars in these 

 enterprises, many of which can only prom- 

 ise loss. 



In every case the security for bonds 

 rests upon the toil and thrift of the land 

 owner, but between the owner of the land 

 and the owner of the bond an understand- 

 ing does not exist. They have not yet 

 met. 



The title and right to water under our 

 constitution rests in its use. The value of 

 the security for the capital invested in the 

 works also depends upon the use of the 

 water, for the carrying of which the works 

 were constructed. 



When the ownership of the works are 

 vested in a company and the ownership of 

 the land to be watered in numerous in- 

 dividuals the plan of operations has always 

 been about as follows: To demand a sub- 

 sidy from the landowners, the amount and 

 conditions of said subsidy to be fixed by 

 the owners of the works. This subsidy is 

 known as a "water right" which by its 

 conditions places a perpetual obligation 

 against the land in the shape of a fixed 

 annual cash rental for water, in many 

 cases whether water is used or not. 



It is generally expected that this 

 amount received for these so called water 

 rights would at least pay the first cost of 

 construction and handsomely pay the pro- 

 moter if he has not already taken his 

 profits from the proceeds of the sale of 

 the bonds. 



This is the outline of a well-known plan 

 of procedure on the part of the promoter 

 of the enterprise and this nicely put upon 

 papr is the security offered for bonds. 



The only element lacking to make this 

 a gilt-edged security is the consent and 

 co-operation of the landowners, by whose 

 thrift alone can the bonds become a good 

 investment. Bat the landowner is not a 

 party to the bonds, the mortgage being 

 against the works and not the land. The 

 so-called water rights which have been 

 paid for in full being released from the 

 mortgage, adjustment of rates being with- 

 in the jurisdiction of the courts and the 

 constitution of the State declaring that 

 use of the water entitles the landowner to 



a continued use of it, the query is who 

 will pay the bonds? 



It is hoped that under our new laws the 

 security offered will not be a fanciful 

 dream nor a schedule of net earnings, but 

 the irrigated land itself and the pledge 

 for the return of capital and interest will 

 be given not by an impecunious promoter 

 but by every owner of land under the pro- 

 posed works. 



All the readers of THE AGE are acquaint- 

 ed with the " Wright," or "District Irri- 

 gation Law," and all appreciate the im- 

 portance of the recent decision of the 

 Supreme Court which declared it valid. 

 Now that this law is operative we hope to 

 make it, First, the means by which the 

 farmers of Idaho may build and control 

 their own irrigation works, and second, 

 afford a perfectly safe investment for 

 capital. Already steps have been taken 

 for the first, and the second will be best 

 effected by placing the entire matter under 

 State control. 



When all conflicting rights to public 

 water are properly adjudicated; when the 

 financial and legal status of companies and 

 Districts and the rights of individuals are 

 passed upon by our courts before outside 

 innocent parties are involved; when esti- 

 mates and plans are approved by the State 

 Engineer before work is begun, then will 

 we invite the confidence of investors, for 

 our irrigation enterprises will be backed 

 by the thrift of the farmer and the integ- 

 rity of the State. 



In this class of legislation as in all 

 others thoroughness in the work of draft- 

 ing the law is of paramount importance. 

 No emergency exists, therefore it will be 

 best to go slowly. 



Let us build upon the foundation prin- 

 ciple of common ownership of land and 

 water (which has already been laid), a 

 system perfect in all its details which will 

 guarantee the greatest good to the greatest 

 number, besides offering a security to the 

 investor as good as a government bond. 

 Then will capital be treated fairly! 



SOME GOOD POINTS. 



Have a care in irrigating carrots and 

 parsnips, as they are ruined if water is 

 near them too long. Root crops give the 

 best results by being sown on ridges from 

 three to five inches high. This method 

 insures a larger and finer root. 



