1902. 



FORESTRY AND IRRIGATION. 



487 



Nebraska. A prairie fire raged on 

 the Rose Bud Indian reservation from 

 November 1-7. The loss amounted to 

 thousands of dollars, hundreds of head 

 of cattle were burned, and several 

 ranchers are reported missing. 



"Washington. A timber cruiser named 

 Duval, who investigated the region in 

 Clarke county recently burned over, 

 discovered a small woodland lake en- 

 tireh' filled with the decaying carcasses 

 of wild animals. The lake, about one 

 acre in extent, situated in township 6 

 north, range 4 east, had almost its en- 

 tire surface covered with the putrefying 

 remains of deer, foxes, bear, wolves, 

 and all sorts of smaller animals. It is 

 estimated that many thousands of ani- 

 mals perished here of suffocation in 

 their attempt to escape the flames. 



Kentucky. South of Paducah forest 

 fires raged about the middle of Novem- 

 ber, and spread into western Tennessee. 

 The fires occurred along the lines of the 

 Illinois Central, and Nashville, Chatta- 

 nooga & St. Louis railroads. Much dam- 

 age to timber, and fences is reported. 



Texas. A prairie fire near La Port 

 was started by sparks from an engine. A 

 subsequent train passingthrough the fire 

 had the cotton on a flat car ignited. The 

 entire train, with the exception of the 

 engine and one car of cotton, was de- 

 stroyed, the loss amounting to $100,000. 



Ohio. Fires in the woods near Glen- 

 ville burned over many acres and de- 

 stroj-ed timber and fences. It was pre- 

 sumably started by the burning wads 

 from hunters' guns. Three fires of this 

 nature occurred in the locality within a 

 week of November 15, following the 

 opening of the hunting season. 



Montana. November i a forest fire 

 was reported raging on the Flathead 

 Indian reser\'ation and, which it is re- 

 ported, destroyed millions of feet of the 

 finest timber in the state. 



Tennessee. Reports of forest fires 

 near Lynnville and Rugb}^ show that 

 they lasted for several days about No- 

 vember 10, but that the}' were extin- 

 guished before a great deal of damage 

 was done. 



South Dakota. Two men going 

 through the woods near South Lead 

 discovered a fierce forest fire, and im- 



mediately hastened to the nearest points 

 where aid could be secured. A number 

 of persons turned out, and after several 

 hours of hard fighting subdued the 

 flames, which threatened a portion of 

 the city. 



J- 



"Water Rights In view of the present 

 on Public interest in irrigation and 



Domain. the appropriation of 



water in the arid region, 

 certain parts of the decision of the 

 United States Supreme Court in the case 

 of the United States v. Rio Grande Irri- 

 gation Company will be of interest. 



The court, speaking of the common- 

 law rule of riparian rights and the sys- 

 tem of appropriation of water, which 

 has grown up in the western country, 

 makes the following statements as to 

 the respective rights of control exercised 

 by Congress and by the states : 



"Although this power of changing 

 the common law rule as to streams 

 within its dominion undoubtedly be- 

 longs to each state, yet two limitations 

 must be recognized : First, that in the 

 absence of specific authority from Con- 

 gress a state cannot by its legislation 

 destroy the right of the United States, 

 as the owner of lands bordering on a 

 stream, to the continued flow of its 

 waters ; so far at least as may be neces- 

 sary- for the beneficial uses of the gov- 

 ernment property. Second, that it is 

 limited by the superior power of the 

 general government to secure the un- 

 interrupted navigability of all navigable 

 streams within the limits of the United 

 States. In other words, the jurisdic- 

 tion of the general government over 

 interstate commerce and its natural 

 highways vests in that government the 

 right to take all needed measures to pre- 

 serve the navigability of the navigable 

 water courses of the country even against 

 any state action. It is true there have 

 been frequent decisions recognizing the 

 power of the state, in the ab.sence of 

 Congressional legislation, to assume 

 control of even navigable waters within 

 its limits to the extent of creating dams 

 booms, bridges, and other matters which 

 operate as obstructions to navigability. 

 The power of the state to thus legislate 



