LXXXIV REPORT OF THE SECRETARY OF AGRICULTURE. 



followed two general lines in accordance with the terms of the appro- 

 priation act: (1) Studies of irrigation laws and the social and industrial 

 institutions of irrigated agriculture; (2) investigations of the methods 

 by which water is conserved, distributed, and used. 



IRRIGATION LAWS. 



The significance of the facts disclosed by the study of irrigation laws 

 can be appreciated only by those familiar with Western conditions, 

 which are in striking contrast to those of the East. In the East 

 moisture comes from the clouds; in the West farmers must secure it 

 from other sources. In the East irrigation may supplement rainfall; 

 in the West it must take its place. Not only is the availability of 

 streams for irrigation the measure of settlement, but the character of 

 the social and industrial life of those who depend upon them will be 

 profoundly influenced by the laws and customs which govern the 

 ownership and control of water. 



The most impressive fact connected with irrigated agriculture is the 

 dominating influence of streams on the peace and success of cultivators 

 of the soil. The character of the titles to water finally recognized will 

 do more than all other influences combined to determine whether 

 Western farmers are to be tenants or proprietors. This makes it of 

 vital importance that the disposal of the water resources of the West 

 should be hedged about by every safeguard which experience can 

 suggest. Every consideration which justified the General Government 

 in organizing a bureau for surveying, mapping, and disposing of the 

 public lands applies with equal force to the orderly and just estab- 

 lishment of titles to water by public authority, either State or national. 



Unfortunately, however, the 5 importance of this was not recognized 

 at the outset, hence the management of the public land has no coun- 

 terpart in the disposal or division of Western rivers. Whoever desires 

 to acquire public land can learn from official records just what land is 

 open to entry and what has been disposed of. The need of reliable 

 information regarding the amount of water appropriated and the 

 amount still remaining under public control is more urgent, because 

 men can see with their own eyes what lands have been settled upon 

 and improved, but the appearance of a river gives no clue to the 

 ditches which divert it 50 or 100 miles above or the claims which may 

 be filed on its waters below. 



Thus far all of the laws governing water rights in irrigation have 

 been passed by the States, and all of the titles to water thus far estab- 

 lished are either the creation of State statutes or the results of decisions 

 of State courts. A few States have enacted enlightened codes of 

 water laws. In these the water-right records are a reliable guide to 

 those seeking to irrigate land and a protection to those who have 

 already done so; but there are other States where investors in irriga- 



