TWENTY-EIGHTH BIENNIAL REPORT. 47 



A great many owners of water rights have refused to allow any water to 

 pass through the fishways, closing thoni entirely in defiance of the law 

 whicli provides that sufficient water must be allowed to pass through 

 fishways at all times to keep in good condition any fish life thut may 

 exist below the dam, and that during the minimum flow of water in 

 any river or stream sufficient water nmst ))e allowed to pass each dam, 

 culvert, or waste gate to maintain fish life. This provision of the law 

 has been disregarded by a great many persons and corporations who do 

 not consider that the fish destroyed are equal in value to the value of 

 the water for other purposes. Such a small amount of water is neces- 

 sary to maintain fish life below these dams that this law should be 

 enforced strictly. If the provisions of this law are not drastic enough to 

 compel persons who are diverting water from our rivers and streams to 

 allow sufficient water to remain in the beds of the streams to maintain 

 fish life, the law should be amended by the next legislature so as to 

 maintain fisli life. This is only fair to the people who are interested in 

 the preservation of fish and enjoy the fishing that these streams afford. 



RECOMMENDATIONS REGARDING WATER LAW. 



We have asked in several of our former reports for the cooperation 

 of the Division of Water Rights, formerly the Water Commission, in' 

 not granting an appropriation of water from any stream unless a 

 sufficient amount is allowed to remain to maintain fish life during the 

 minimum flow. But these recommendations have been disregarded ; and 

 whether the Division of Water Rights is compelled to give all of the 

 water to those asking for it in defiance of the rights of the people who 

 have a right to the natural resources of this state, its fish and fishing 

 waters, is not for this department to say. However, we respectfully 

 recommend that some action be taken by our state legislature to investi- 

 gate these conditions ; and if, in their wisdom, they agree with our idea 

 that sufficient water should be allowed to remain in the bed of every 

 stream to maintain fish life during the minimum flow, and if the 

 present laws are not stringent enough to meet the situation, laws should 

 be enacted that will preserve to the people at least a small portion of 

 the water flow that formerly existed in our streams, so that the fishing 

 in many districts will not be entirely destroyed. If the rights of the 

 people are to be protected, action must be taken by the legislature to 

 make the penalties for the violation of laws pertaining to fishing and 

 minimum flow of streams more drastic. In no instance, in our opinion, 

 is it necessary to divert the entire flow of any stream, thereby causing 

 the destruction of fish life below the diverting point. If a small amount 

 of water is allowed to pass each dam it will maintain fish life during 

 the period of minimum flow and fish could be kept alive until the 

 period of normal flow. The greed of water users is well known; and 

 they do not regard the rights of any other persons or those who have 

 an interest in fishing. 



A number of our lakes have been tapped and the water drawn below 

 the natural level of the lake to such an extent that the fishing interests 

 have been greatly interfered with. Consequently it is also recommended 

 that a law be passed preventing the tapping of any natural lake below 

 its outlet. If it is necessary to take a greater amount of water from 

 any lake than the regular discharge of the lake through its outlet 



