312 



THE IKRIGATION AGE. 



to make an agreement with the company for the acreage 

 actually irrigable. 



COLORADO Some contracts provide that the charge 

 for five acres (minimum), or any amount in excess of five 

 acres, may be rebated the practice in the future will be to 

 demand rebate for the actual amount involved. 



UTAH "The company may sell water for irrigable 

 area only." 



MONTANA "Two or three acres would not warrant a 

 rebate beyond that the company may charge only for exact 

 area irrigable." 



OREGON "The land is contoured and the lien fixed on 

 the basis of $40.00 (this refers to the only project at this date 

 open to entry), for each irrigable acre, and $2.50 per waste 

 acre deduction being made for road and canal right-of-way." 



NEW MEXICO Company's contract with the State 

 (Section 10) provides: "If it shall be found that there is 

 land in excess of five acres on any legal subdivision of 40 

 acres, which is not susceptible of irrigation by gravity canals, 

 at reasonable expense, a proportionate reduction shall be 

 made for such excess of five acres, to be deducted from the 

 final payment, unless in excess of such final payment in 

 which case it shall be made from the next preceding pay- 

 ment." Under the "regulations," the same rule holds good 

 in cases where land is condemned for canals or roads or pub- 

 lic works. 



Water How Close to Individual Entry. 



IDAHO, UTAH, NEW MEXICO Company is to de- 

 liver water within ?/2 mile of each entry, regardless of acreage 

 of entry. 



WYOMING Practice under contracts now in force 

 varies from 5/2 mile to 3 miles from each 160 acre subdivi- 

 sion. On future segregations, the company will be required 

 to bring water to boundary line of each tract entered. 



COLORADO Some contracts require water to be 

 brought within 3 miles of entry. In future contracts, com- 

 panies will be required to deliver water within y 2 mile of 

 each 160 acre subdivision. 



MONTANA Water to be brought within one-half mile 

 of each 160 acre subdivision. 



OREGON "Water shall be measured at or within one- 

 half mile of the place of intended use, and delivered to lands 

 of each settler at the highest practicable point." 



Measurement Delivery And Distribution of Water. 



These matters are governed largely by local statutes and 

 practices in each State. The only States in which specific 

 mention of the subject is made in Carey Act Statutes or Con- 

 tracts are as follows, viz. : 



MONTANA "Water to be delivered where sub-laterals 

 leave main laterals. Company may serve water by rotation." 



OREGON "Water to be measured one-half mile from 

 place of use. Company may serve water by a system of rota- 

 tion upon ten days' notice, under such reasonable rules as 

 may be approved by the Board. All necessary gates, etc., for 

 taking water at point of delivery to be installed by company 

 at settler's expense." 



In all cases where water is not to be delivered at the 

 boundary line of the settler's land, the settler himself must 

 bring it to his land, and, as a matter of course, must con- 

 struct all necessary ditches upon his land. 



Duty of Water (i. e., Amount to be Delivered to Settlers). 



The "duty" of water depends upon many factors soil, 

 climatic conditions, natural precipitation, length of irrigation 

 season, and the character of crops to be grown. 



IDAHO Usually fixed at 1-80 of a cubic foot per acre 

 per second equivalent, in practice, to 3 acre feet during the 

 irrigation season (enough to cover each acre to a depth of 

 3 feet.) 



WYOMING 1/80 cubic foot per acre, per second in 

 technical language "1/80 second foot." 



COLORADO Varying from 1/100 to 1/80 cubic feet 

 per acre. 



UTAH Varying from \ l /> to 2 "acre feet," during irri- 

 gation season. 



MONTANA At present, 1/100 cubic feet to acre when 

 served from direct flow of stream, when from reservoirs, 

 varying from \ l /> to 154 acre feet. 



OREGON Varying from 2 to 2^ acre feet. Only con- 

 tract now in force prgvides for "enough water from April 1st 



to November 1st," and, specifically, for "1 8/10 acre feet be- 

 tween May 23d and August 20th." 



NEW MEXICO Varying from 1^ to 3 acre feet per 

 season according to location and amount of rainfall maxi- 

 mum in any case 1/70 cubic feet per acre. 



Waste of Water Pollution of Irrigation Water. 



Prohibited by "Irrigation Statutes" of all States. 

 Right-of-Way for Settler's Laterals. 



In all States a right-of-way is granted the settler to 

 bring his laterals over an intervening entry, should it be the 

 only practical way to reach his land. It is expected that this 

 privilege will be guarded somewhat. Should any controversy 

 arise in this connection, an investigation will be made by the 

 State Engineer, who will designate the most feasible route 

 for the ditch. As a matter of course, where company's con- 

 tract calls for delivery of water at settler's land, this ques- 

 tion would not arise the company in any case, having right- 

 of-way over entire segregation. 



Irrigation Seasons. 



In all States prescribed in "Irrigation Statutes," by local 

 customs, or denned in contract between State and company. 



IDAHO and WYOMING Varying between May 1st and 

 October 15, depending upon climatic conditions. 



OREGON One contract now in force specifically calls 

 for delivery of water between April 1st and November 1st. 



NEW MEXICO Contracts between company and settler 

 define, specifically, the dates between which water is to be 

 delivered. 



Rights of Way for Roads. 



Usually supposed to be granted along section and half- 

 section lines, without recourse. The information herein con- 

 tained should not be accepted as governing in all cases. The 

 settler on each project must determine the exact status him- 

 self. This subject is specifically mentioned in contracts in 

 force in two states, viz : 



MONTANA Contract between State and company pro- 

 vides that all entries and patents for Carey Act Lands, shall 

 be made subject to rights-of-way, without compensation, for 

 roads upon all exterior section lines, and for other roads, not 

 exceeding 60 feet in width, as the company may request; the 

 location, and necessity therefor to be subject to approval of 

 the Board before the lands are patented by the State. 



OREGON Reservations in settler's contract, for roads 

 (See "Contract between Company and Settler Oregon.") 



In other States : 



IDAHO -Roads built upon petition by settlers to County 

 Commissioners. 



WYOMING Roads are established by the County Com- 

 missioners, when deemed necessary, upon petition of parties 

 interested. Rights-of-way may be condemned, if needed. 



COLORADO Settlers apply to County Commissioners 

 for roads. 



UTAH County Commissioners have full power in the 

 matter of roads. 



NEW MEXICO All section lines are road lines by order 

 of government special agents, no Territorial Act covering 

 this point. 



(a) Domestic and Stock Water to be Supplied by Com- 

 pany. Delivery of Water by Rotation. 



(b) Installment of Headgates and Measuring Devices 

 By Whom Effected, and at Whose Expense. 



(c) Ownership of Water After Leaving Settler's 

 Ditches. 



(d) Responsibility of Company for Possible Damage 

 Due to Deakage, or Breakage, of Company's Canals. Pro- 

 ration of Water in Case of Shortage. 



It is impossible to make any definite statement touching 

 upon these features that would fit every case. Should the 

 necessity for an inquiry arise, it would be a matter to be 

 determined by, or for, the settler himself. In many cases, 

 any, or all, of these situations would 'never arise, and a dis- 

 cussion of them would be purely academic. In other cases 

 the questions are answered by law or custom, or by the spe- 

 cific features of the contract governing. 



(Continued on page 338.) 



