THE PREVENTION OF WATER 

 PvIGHT LITIGATION. 



PAPER READ BY PROFESSOR S. FORTIER, 



PROFESSOR OF CIVIL AND IRRIGATION 



ENGINEERING IN THE AGRICULTURAL 



COLLEGE OF MONTANA, BEFORE 



THE IRRIGATION CONGRESS 



AT MISSOULA, MONTANA. 



Every drop of water that is withdrawn from the great ocean has 

 effect upon the innumerable drops that remain. Likewise every irri- 

 gating stream that is diverted from its natural source produces a 

 change in the relation of every other irrigating stream that is left in 

 the natural channel. As it is with the various streams into which the 

 river may be divided, so it is with the irrigators who use that water or 

 any given water shed. They are inter- dependent. This mutual de- 

 pendence would not be felt if there were enough for all. The surplus 

 flow of the stream would silence the grumbler and conceal the petty 

 acts of the water thieves. Too often, however, a scarcity exists. 

 More ditches have been dug than there is water to fill. The supply is 

 wholly inadequate to meet the demands of the water users. At such 

 times, the smallest illegal diversion is apt to cause friction. The sub- 

 ject, however, is too important to consider the trivial features. Mathe- 

 matically exact diversions of water are impossible. If the number of 

 water takers reached a score or more, the fact that the one was using 

 twenty- five per cent, more than his share might not be noticed, but if 

 one half the total number were to use twenty-five per cent, more than 

 they were entitled to, the loss would be at once apparent and might 

 result in a guerrilla warfare along the entire line of the canal or 

 throughout the region watered by the stream. 



"W henever the interests of one party encroach upon those of his 

 neighbor, trouble is likely to ensue. Land lines and boundary fences 

 have been the most frequent causes of disputes and law suits among 

 Eastern farmers. To such an extent is this true, that the saying, 

 "Good fences make good neighbors" has become proverbial. Such 

 suits are uncommon in the West for the Western irrigator is larger- 

 hearted than his grandsire of N'ew England. He is tolerant of stray 

 stock and cares little for a narrow strip of land along a boundary 

 fence. It is only when an attempt is made to deprive his fields of the 

 needed amount of water, that he declares war against the illegal user. 



