482 



FORESTRY AND IRRIGATION 



October 



the time allowed, it becomes possible 

 for other applicants to obtain a right to 

 the water which had been set aside for 

 that work. 



When the water has been applied to 

 a beneficial use a license is issued by 

 the state engineer, and the right to ap- 

 propriate water then becomes fixed as 

 to quantity and conditions. 



Provisions are found in this draft for 

 the recording of all water rights and 

 documents relating thereto in the office 

 of the state engineer. 



A provision of considerable impor- 

 tance to the future development of these 

 two states is found in section 36, which 

 requires the state engineer to reserve 

 from appropriation the waters w 7 hich 

 may be found necessary by the United 

 States in developing the projects under 

 the Reclamation Act. Other provisions 

 place at the disposal of the Reclamation 

 Service, at minimum cost, the lands of 

 the state which may be needed for irri- 

 gation works and require cooperation 

 with the government in the disposition 

 of the state lands which may be subject 

 to irrigation under works constructed 

 by the Reclamation Service. 



The state is to be divided into water 

 divisions, probably four in number, and 

 a water commissioner is to be elected in 

 each division. These commissioners are 

 vested with authority to regulate the 

 apportionment of the waters in accord- 

 ance with the adjudications of the courts 

 and the permits issued by the state en- 

 gineer. The water commissioners are 

 specially required to guard against w r aste 

 and to see that each appropriator of 

 water receives the amount to which he 

 is entitled. Water masters are provided 

 for, to act under the supervision of the 

 water commissioners in carrying out the 

 details of their work. 



The state engineer and the water com- 

 missioners form a board of water com- 



missioners, who are vested with general 

 supervisory authority over the various 

 details of appropriation and distribution 

 of water. 



The expense of administration in re- 

 gard to water apportionment by the 

 water masters is borne by the ditch 

 owners and the water users. 



Under the head of miscellaneous pro- 

 visions are sections defining the units 

 of measurement. The cubic foot per 

 second is adopted for measuring the 

 flow of water and the acre-foot for meas- 

 uring the volume. An important fea- 

 ture is a definition of the miner's inch 

 as the equivalent of -$ of a cubic foot 

 per second except where otherwise de- 

 termined by contract or usage. 



A section is devoted to the provision 

 for severing the use of water from land 

 to which it is appurtenant for irriga- 

 tion purposes. This can only be done 

 upon the approval of the state engineer 

 after due publication in newspapers of 

 the intent to make such change. 



Another section is devoted to the 

 question of seepage water, which has 

 been in many cases the subject of much 

 difficulty and litigation. This provides 

 that the party who proposes to use 

 water which can be definitely traced as 

 seepage from some particular canal or 

 reservoir will be required to make rea- 

 sonable payment to the owner of the 

 irrigation works from which the water 

 is derived. 



There are many details in this draft- 

 some of them being wholly new that 

 would be profitable to consider if space 

 were available. The summary given, 

 however, will enable the reader to see 

 that the draft prepared for the consid- 

 eration of the legislatures of Washing- 

 ton and Oregon will enable those states 

 to place themselves in the foremost rank 

 in the development of irrigation legisla- 

 tion if its principles are adhered to. 



