THE IRRIGATION AGL. 229 



end in view, which is, or should be, the distribution of the water of the streams in 

 such a manner as to secure its greatest possible beneficial use and the best possible 

 protection of the interests of the actual users of it. The advantages of the system 

 adopted in Wyoming and Nebraska are getting to be generally recognized by all par- 

 ties interested in a just determination of water rights, and the prevention of costly 

 and interminable litigation in regard to them, which is doing so much to retard set- 

 tlement and irrigation development in some of the states. 



"The systems of administration and distribution of the water after the decrees 

 fixing the prioritj" and volume of rights are rendered are practically the same in Neb- 

 raska, Colorado, and Wyoming. Each state is divided into several water divisions 

 each as nearly as practicable embracing a single drainage system. A commissioner 

 or superintendent for each division, who has general supervision, under direction of 

 the State engineer, of the distribution of water in his division, is appointed by the 

 governor. Each division is subdivided into districts, each district having its water 

 commissioner for the actual distribution of the water, among those entitled to its 

 use, under the orders and general direction of his division superintendent. The de- 

 crees of the board of control, or of the courts, furnish the basis for such distribution. 

 These water commissioners are vested with the power to arrest any person interfer- 

 ing with the execution of or failing to obey their orders in regard to the distribution 

 of water, heavy penalties being provided for such offenses. They also have power 

 to require the owners of the various ditches to construct and maintain the necessary 

 and proper head gates and measuring devices for the proper distribution of the 

 water. 



"In Utah, Idaho, and Montana (in fact, in all the arid states except Wyoming 

 and Nebraska) water rights can be established only through lawsuits the same as in 

 Colorado, and a similar condition of litigation and dissatisfaction exists. The dis- 

 tribution of the water under the decrees, however, is accomplished in a different 

 manner. 



"In Idaho the judge of the district court from which the decreee was issued is 

 required by law to, appoint before May 1 of each year, a water master to take charge 

 of the distribution of water under each decree for the ensuing season He is charged 

 by the court with the execution of the decree. He receives his instructions from the 

 judge, and is responsible for the proper performance of his duties only to the court 

 appointing him. 



"In Montana the law is similar to that of [daho, with the exception that the 

 judge can not appoint a water master except upon the petition of at least 25 per cent 

 of the parties entitled to water under the decree. It would seem that under this 

 provision injustice might be done to a small minority of the users from a stream, 

 without their being able to get adequate relief. The compensation of the water mas- 

 ters in both these states is fixed by the judges who appoint them, and is collected by 

 assessments against the parties entitled to the water, in proportion to the quantity 

 distributed to each. Anyone dissatisfied with any action or order of the water mas- 

 ter may of course appeal to the court for redress. 



"In Utah the water masters are ehosen'by the water users at an election held for 

 that purpose, at which time their compensation is also fixed. This is collected by 

 assessments levied as in other states. 



"The water masters in Idaho, Montana, and Utah have similar powers and 

 duties to those of the district water commissioners of Nebraska, Colorado, and Wy- 

 oming, already described. In both Utah and Idaho, on streams where no adjudica- 



