STATE IRRIGATION LAWS 



BY 

 MORRIS BIEN 



Consulting Engineer, U. S. Reclamation Service 



If the operations of the Reclamation 

 Service have done nothing else, their 

 effect in developing an active move- 

 ment toward the improvement of the 

 irrigation legislation of a number of 

 the arid states would be considered a 

 great achievement for the short period 

 of its existence. The inauguration of 

 a large system of development by fed- 

 eral authority for the construction of 

 irrigation works in the various states 

 and territories of the arid region has 

 shown to the people in general, as 

 nothing else could, the absolute neces- 

 sity for improvement in the methods 

 of acquiring title to the use of water 

 and in protecting such rights. The 

 states of Wyoming, Nebraska, and 

 Utah had taken action in this direction 

 before the passage of the Reclamation 

 Act. 



The time between the passage of the 

 act and the next meeting of the various 

 legislatures was but six months, so 

 that but little opportunity was avail- 

 able for perfecting plans in this direc- 

 tion. However, the officers of the 

 Reclamation Service were frequently 

 asked during that winter to suggest 

 improvements in legislation. Experi- 

 ence under the Reclamation Act had 

 been so limited that conditions had not 

 sufficiently developed to form the basis 

 of definite recommendations and sug- 

 gestions. 



NEVADA LEGISLATION. 



Nevertheless, the State of Nevada 

 immediately took steps in this direc- 

 tion as a result of the passage of the 

 Reclamation Act, and with commend- 

 able promptness passed an irrigation 

 law which incorporates many valuable 

 provisions looking to the definite as- 

 certainment and protection of rights 

 to the use of water. 



OREGON AND WASHINGTON IRRIGATION 

 COMMISSION. 



During the early part of last year 

 commissions were appointed in Ore- 

 gon and Washington to formulate 

 plans for state irrigation codes to be 

 reported to the legislatures of the two 

 states. These commissions conferred 

 with the members of the Reclamation 

 Service and many others interested in 

 this line of work and have developed 

 codes which are now before the legis- 

 latures of the two states. It has not 

 been possible to give these drafts care- 

 ful study at the present time, but the 

 indications are that the code presented 

 to the legislature of the State of Wash- 

 ington will, with some modifications 

 which it is hoped will be adopted, serve 

 admirably as a basis for the irrigation 

 development of the state. Less is 

 known of the action of the Oregon 

 commission, but it is believed that it 

 will submit a well-considered draft to 

 the legislature. 



NORTH DAKOTA AND SOUTH DAKOTA. 



The legislature of North Dakota has 

 had presented to it the draft of an irri- 

 gation code formulated along lines 

 which it is believed will put the state 

 among those having the most ad- 

 vanced irrigation legislation. Similar 

 efforts are being made by members of 

 the legislature in South Dakota, and 

 the prospects are also favorable in that 

 state. 



MONTANA AND OKLAHOMA. 



In Montana the subject is receiving 

 considerable attention and it is possi- 

 ble that legislation to improve its irri- 

 gation laws will result. 



In ( )klahoma as well, has this spirit 

 of improvement in irrigation legisla- 

 tion been aroused, and this young and 



