Forestry and Irrigation. 



VOL. IX. 



MARCH, 1903. 



No. 3. 



NEWS AND NOTES. 



State Irriga- Many persons have be- 

 tion Laws. come imbued with the 

 idea that a number of 

 amendments must be made in the irri- 

 gation legislation of the various states 

 and territories in order to obtain the 

 "benefits of the Reclamation Service of 

 the Federal Government. As a result, 

 the convening of most of the legislatures 

 in the arid and semi-arid regions has 

 given opportunity for the introduction 

 of a large amount of proposed irrigation 

 legislation. Unfortunately, most of this 

 matter has been very hastily prepared, 

 .so that if enacted in its original form it 

 would simply add to the difficulties of 

 the situation. Most of these bills will 

 be amended, however; but as the sessions 

 of the legislatures are short, and all 

 legislation is necessarily hurried, it is 

 -doubtful if they will be greatly im- 

 proved by any changes that may be 

 made. 



There will no doubt be some beneficial 

 legislation on this subject, but there is 

 great danger that whatever is done will 

 require change after an experience of 

 two years with it. It is, therefore, likely 

 that much of the legislation which may 

 be passed will not meet the situation 

 and in fact make the amendments that 

 may be found necessary after careful 

 consideration of the relations between 

 the state and the government in con- 

 nection with the reclamation work, 

 more difficult than if no such amend- 

 ment had been made. 



Undoubtedly, the better plan in all 

 -cases would have been the appointment 

 of a commission of men thoroughly 

 familiar with irrigation both from the 

 legal and practical side, to give the 

 questions thorough consideration and 

 to report at the next meeting of the 

 legislatures, which, in most cases, will 



be two years hence. During that time 

 this commission could give the differing 

 conditions in various parts of their 

 states careful consideration, and could 

 also have the benefit of definite conclu- 

 sions that may be reached by the men 

 charged with the supervision of the 

 work of the Reclamation Service. As 

 a result of such a policy, the legisla- 

 tures would each have presented to 

 them, two years hence, a well-digested 

 statute thoroughly designed to meet the 

 conditions as found after careful study 

 and practical experience in the relations 

 between the state and the Federal Gov- 

 ernment. 



In the next two years, it is not likely 

 that any serious complications would 

 arise between the states and the gov- 

 ernment on account of the provisions 

 of the state statutes. 



The following statement shows the 

 matters which have been under con- 

 sideration in the various states and 

 territories so far as we have been in- 

 formed : 



California. A complete code of irri- 

 gation laws has been under considera- 

 tion. It is extremely voluminous and 

 is in strong contrast with the very brief 

 laws which have heretofore been in 

 effect upon the subject of irrigation and 

 water rights. There has been a heated 

 controversy as to its merits. On the 

 one hand it is claimed that the law will 

 entirely unsettle the status of water 

 rights which have been adjudicated at 

 great cost. On the other hand, it is 

 claimed that the new code will admit of 

 the settlement of controversies in every 

 part of the state which, it is claimed, 

 have interfered seriously with the de- 

 velopment of the industries of the state. 

 From present advices it seems probable 

 that it will not be passed. 



