REPORT OF THE SECRETARY OF AGRICULTURE. LXXXV 



tion works and incoming settlors must depend on what they see or on 

 the statements of other settlers in determining what is their prospect 

 for securing the water supply needed in irrigation. Neither of these 

 sources of information can be relied upon. As a rule, those who have 

 rights to water do not encourage the filing of additional claims and are 

 inclined to say that all the water is appropriated, while newcomers 

 are inclined to believe, if there is any water running in the stream, 

 that it is open to their use. The tendency, therefore, is to build more 

 ditches than the stream will serve, but it is especially marked where 

 conditions for ditch building are favorable. As there are no limita- 

 tions on the number of claims which may be filed or the number of 

 ditches which may be built, the establishment of new rights goes on 

 until there is not water enough to fill all the ditches, when controver- 

 sies and conflicts inevitably arise. For such conflicts the only means 

 of settlement thus far provided is a resort to force or the courts. In 

 the States where rights to water are determined by ordinary suits at 

 law, litigation is almost continuous and is exceedingly burdensome. 

 It too often happens that such suits, instead of settling the nature of 

 water ownership, only create new issues, which in turn burden the 

 courts and impoverish water users. 



This condition of affairs should not continue. The growing demand 

 for water for irrigation purposes, the greater needs of cities and towns 

 for domestic uses, the importance of streams in the generation of 

 power, are making it absolutely necessary that some simple and final 

 method of determining and protecting rights to streams shall be pro- 

 vided. This Department is lending all the aid its means will permit to 

 bringing this about, and with most encouraging results. No feature 

 of these investigations has met with more appreciative recognition 

 than the study of water-right problems, and the meritorious character 

 of the laws enacted last winter by several arid States and Territories 

 shows that the Department's work is bearing fruit. The importance 

 of these investigations is not to be measured, however, by results 

 already achieved, but by their influence on the future social and 

 industrial life of the West. 



The report on irrigation in California recently published by this 

 Department presents an impressive picture of the manner in which 

 development has been hampered by lack of adequate water laws. The 

 chaotic and conflicting records of claims, the uncertain limitations on 

 riparian rights, and the failure to protect all rights by the public divi- 

 sion of the water supply in times of drought has been a source of anx- 

 iety to the user and of expense and loss to the not less worthy owner 

 of ditches and canals. The marvelous natural advantages of the State 

 have been sufficient to offset these drawbacks, but the larger and better 

 use of water in the future is dependent upon their removal. Espe- 

 cially is this true if the Government is to construct irrigation works. 



