106 



THE IRRIGATION AGE. 



the Reclamation Service is illustrated by the following 

 performance : 



Just across the southern border of Colorado, in 

 New Mexico, is the Red River, a tributary of the Rio 

 Grande. The stream flows from a canyon and is cut 

 deep below the adjacent tablelands, consequently prac- 

 tically no diversion of its waters for irrigating, on ac- 

 count of the great expense involved, has ever been 

 made. One of the adjacent mesas covering about 40,000 

 acres was selected by the territory in its allotment of 

 public lands granted by Congress for internal improve- 

 ments, etc. A couple of years ago a syndicate of Den- 

 ver capitalists secured an option for this tract from 

 the New Mexico authorities on terms favorable to all 

 concerned, subject to the report of their engineers. 

 After an outlay of several thousand dollars a canal line 

 was finally located and maps of the survey and an appli- 

 cation were filed with the territorial engineer, as required 

 by the statute. 



The line adopted in the canyon ran across a few 

 miles of public lands, worthless for any other purpose. 

 Application was made to the Secretary of the Interior 

 for the right of way. After some months' delay this 

 was rejected on the ground that "it would interfere 

 with the plans of the Reclamation Service," which has 

 announced its intention to build a dam across the Rio 

 Grande River, not far from El Paso, several hundred 

 miles below, to impound flood waters for the use of 

 private lands in Old Mexico and Texas. After a loss 

 pf several months' more time, and at a considerable 

 additional expense for agents and attorneys employed 

 to solicit the authorities at Washington, nothing was 

 accomplished. The Governor of New Mexico became 

 enlisted and finally, through his personal efforts, the 

 right of way was secured, the territory threatening to 

 give back the tract to the government as worthless if so 

 prevented by the Secretary of the Interior from getting 

 water for it. 



This transaction began and terminated long since 

 other private capital on the head waters of the 

 same Rio Grande river, in the San Luis Valley 

 of the Colorado, has for years tried to obtain 

 other similar rights of way for supplemental irri- 

 gation, only to have their applications refused, 

 because if granted they also "would interfere with 

 the plans of the Reclamation Service, proposing to carry 

 out the El Paso project." 



It remains to be seen if the people of Colorado 

 will submit to this plain outrage upon their rights. 



EDITORIAL NOTES. 



BY Q. L. SHUMWAT. 

 Executive Chairma* American Irrigation Federation. 



One of the difficulties agitating water users under 

 Federal irrigation projects is: "Shall the government 

 charge for 'betterments' and 'maintenance,' after having 

 announced the estimated cost of the project, and per- 

 mitted settlement?" 



The Executive Committee of the American Irriga- 

 tion Federation is of negative opinion. It would seem 

 that the published estimate, and the law which says, 

 "The estimated cost shall be the cost," was meant to 

 settle that question. At any rate there is an implied 

 contract, as well as verbal one from the field engineers, 

 which should not be violated, especially from the 

 paternal side. 



It seems inconceivable and unrighteous that a gov- 

 ernment should compel its home builders to pay for 

 the errors of its bureaus and engineers. It is probable 

 that no censure should rest upon any one for these 

 errors, for the sudden growth of the reclamation service 

 called into it a great number of inexperienced individ- 

 uals. That, however, should not inspire the government 

 to put the burden upon the shoulders of the home 

 builders. 



This attitude on the part of the reclamation offi- 

 cials, in refusing to acknowledge their human propensity 

 to err, will only engender a bitterness and an antipathy 

 between the home makers, and the government that can 

 do no one any good. It would be a mistaken policy on 

 the part of the government to try to drive these present 

 occupants off the land, and it would have that effect, 

 if these unreasonable charges are insisted upon. 



To be sure, there is in most water users' districts 

 a sort of a contract with the Secretar yof the Interior, 

 that says the association members agree to pay main- 

 tenance, etc., but this contract was, I am sure, endorsed 

 at the solicitation and, I may say, determination, of 

 the Federal officials, and was hardly understood by those 

 who voted affirmatively thereon. I mentioned the fact 

 at the time through these columns, and spoke of the 

 "love-feast," where those who did not understand had 

 not participated. 



One of the ridiculous provisions of this contract is 

 that the Secretary of the Interior has absolute authority 

 to alter and amend his part of the contract at will. On 

 the other hand, the water users are solemnly bound. 

 Even the inferior lawyers in the service should know 

 that such a contract is void, but I would not expect 



