142 



THE IRRIGATION AGE. 



codified their drainage laws in 1905 in such a way as to 

 make them more concise in form. In doing this, how- 

 ever, it may be that some essential features of the orig- 

 inal laws have been omitted in the revised codes. 



One fruitful source of trouble found in administer- 

 ing state drainage laws is the lack of clearness upon 

 many points. Our legal advisers suggest leaving cer- 

 tain things indefinite to be subsequently determined by 

 the courts. This is often an excuse for ignorance of the 

 details of the matters to which the proposed law ap- 

 plies. We do not want methods of procedure left so 

 indefinite as to require an interpretation or ruling by 

 the court. Our drainage laws should practically be a 

 set of specifications covering every condition and con- 

 tingency arising in the initiation and prosecution of a 

 drainage project. The attempt to do this as occasion 

 required in states where drainage work has been longest 



watercourses may be cleaned out, straightened, widened, 

 deepened and extended wherever the same shall be con- 

 ducive to public health, convenience and welfare. Drain- 

 age, however, contains an .element of individual profit 

 or advantage which frequently dominates the element 

 of public welfare. This fact can not be eliminated. 

 Public welfare is often closely allied with works con- 

 structed for individual advantage and gain which with- 

 out permission by law, would not be attempted. There 

 has been some difficulty in harmonizing this feature 

 of improvements by drainage with the requirements 

 of the state constitutions. It has been difficult to secure 

 an affirmative or drainage laws by the courts. In fact, 

 pressure of popular sentiment has been brought to bear 

 upon the courts with such force as to induce them to 

 waive some technical points that would otherwise have 

 been permitted to control in the matter. 



FEW PEACH ORCttAKDS. 

 UPPER END OF GRAND VALLEY. 



carried on has resulted in the limbering up. of their 

 laws by amendments which give them an unattractive 

 appearance to the student of laws relating to economic 

 subjects. 



Some serious difficulties have always confronted the 

 enactment and subsequent operation of laws upon this 

 subject. State constitutions restrict legislation to 

 affairs which relate to the "public good and welare." In 

 theory no legislation which may not apply to all citizens 

 of the state under like conditions is constitutional. Ac- 

 cordingly the laws of all the states except Illinois dis- 

 tinctly state in substance that drains may be located, 

 established, constructed and maintained, and drains and 



Courtesy 

 Colorado Midland Ry. 



There is necesarily a marked difference between 

 drainage and other laws in the method of taxation for 

 raising funds for the improvement. Ordinarily prop- 

 erty is taxed in proportion to its assessed value, that 

 is the most valuable property pays the highest tax. In 

 assessments for drainage the reverse is true. The prop- 

 erty of lowest value is assessed the highest on the ground 

 that it will receive the greatest benefit from the con- 

 struction of the work. The tax is special as distin- 

 guished from equal or general. 



The state drainage laws, except those of Illinois, 

 specifiy that if the work petitioned for be found con- 

 ducive to public health, convenience or welfare, the 



