PROPOSED IRRIGATION LAW. 



DRAFT OF STATE IRRIGATION LAW TO BE SUBMITTED 

 TO LEGISLATURES OF WASHINGTON AND OREGON. 



IN the September issue of FORESTRY fees of the state engineer's office, which 



AND IRRIGATION reference was are turned into the general fund of the 



made to the draft of a state irrigation state treasury. These fees are very 



law prepared by Mr. Morris Bien, of reasonable for each individual case, but 



the United States Reclamation Service, the development of irrigation in these 



at the request of irrigation commissions states will unquestionably afford in fees 



of the States of Oregon and Washing- a very large part, if not all, of the cost 



ton, appointed for the purpose of sub- of administration. 



mitting draft of such a law at the next A number of sections are devoted to 



session of the legislatures of the two the determination of existing water 



states. Copy of this pamphlet has now rights. This is an important feature, 



been received. as the present conditions in these states 



It is based upon the principles re- are very unsatisfactory, inasmuch as 



cently developed under the best irriga- the claims to water are based on both 



tion practice, some of w r hich are now appropriation and riparian rights, in 



incorporated in the laws of Idaho, Ne- some* cases claims of both classes being 



braska, Utah, and Wyoming. asserted as to the same stream. 



The whole code is founded upon the The state engineer is required to 



principle of beneficial use as the essen- make a hydrographic study of each 



tial feature of a claim to the use of stream, obtaining the necessary data 



water. It recognizes the waters of the for the determination of all water rights, 



state as the property of the public and The results of such survey are then 



subject to appropriation under a regular transmitted to the attorney general of 



and orderly procedure as prescribed by the state, who is required within thirty 



the law. The rights which have al- days to enter suit for the determination 



ready become vested, either by means of all rights in such stream system, 



of appropriation or by use under a claim The appropriation of water is to be 



of riparian right, are recognized as made under rules and regulations of 



valid, and all claims to the use of water the state engineer as limited by the 



not applied to a beneficial use at the provisions of law. 



date of the act will be recognized as An important provision in this con- 

 relating back to the date of initiation of nection is that before a permit to ap- 

 the claim if the necessary surveys and propriate water is issued by the state 

 construction for the application of the engineer the applicant is required to 

 water to a beneficial use are diligently publish notice, containing all essential 

 prosecuted to completion. facts as to the proposed appropriation, 



The draft provides for a state engi- in some newspaper of general circula- 

 neer, to be appointed by the governor tion in the locality where the water is 

 and affirmed by the senate. He is to to be diverted or used, 

 hold office for the term of six years, After the completion of the work the 

 which makes his office as independent state engineer is required to inspect it 

 as possible of the political administra- and then gives a certificate of construc- 

 tions, as he will hold over through one tion, specifying the capacity of the 

 full administration. The draft provides works, and the right of appropriation 

 that no person shall be appointed to this is limited to such quantity, 

 office except a technically qualified and It is required that the construction of 

 experienced hydraulic engineer. the works shall be diligently prosecuted 



A large part of the cost of adminis- to completion, and if one-fifth of the 



tration of this law will be paid by the work is not completed within one -half 



