304 



THE IRRIGATION AGE. 



disastrous enterprises. Thousands of acres of rich lands 

 lie fallow because of the abandonment of these enter- 

 prises; thrifty agriculturists have been forced to seek 

 other fields of effort; irrigation enterprise generally is 

 in a stagnated condition ; a cloud of doubt rests over the 

 title to many a water right in the state, and not only 

 is agriculture retarded in its development, but other 

 interests languish in consequence. 



The fact that the legal phase of the irrigation 

 question is so fundamental in its character should be a 

 most powerful incentive to speedy action. Legislation 

 should have been the initial point and foundation stone 

 of the whole structure. Unless protected by the strong 

 bulwark of the law, the irrigation system of a state 

 fails of that substantial and abiding quality that im- 

 parts a feeling of security to capital and labor, the two 

 elements upon which devolves its ultimate development. 



Where legislation has failed in the beginning, all 

 the more haste should be made in taking remedial ac- 

 tion. It is worthy of being taken up with a most pro- 

 found sense of duty. Neither sectional jealousies or 

 political prejudices should be allowed for the briefest 

 moment to stand in the way of prompt and effective 

 action. 



In the formulation of a code of irrigation laws 

 California should find but little difficulty. She has 

 minds within her precincts ripe with knowledge and 

 experience. She may have the works and the personal 

 advice of the ablest irrigation experts by the asking. 

 She may have working models in the statutes of other 

 states, some of which are claimed to be as near perfect 

 as may be made in the light of present needs. It was 

 twenty-five years ago that Colorado set about the task 

 of codifying and enacting a system of irrigation laws. 

 These have been amended from time to time, biit still 

 they are not considered so broad and effective as those 

 of Wyoming. Colorado began by providing for the 

 adjudication of all existing .water rights in the state. 

 This task she delegated to the various district courts. 

 These courts in turn appointed referees whose duty it 

 was to take testimony of all persons coming before them 

 with claims for water rights. The reports of these va- 

 rious referees were made the basis of water decrees issued 

 from the district courts, and these decrees, being placed 

 upon the public records, formed the evidence of title 

 to water rights, and at the same time constituted a 

 guide to those officials whose duty it became to super- 

 vise the diversion of water and its distribution. 



The state was divided into water districts, and each 

 water district was divided into irrigation or commis- 

 sioner districts. Over each water district was placed a 

 superintendent of irrigation, and over each irrigation 

 district an official known as a water commissioner. The 

 last named official was charged with the duty of keep- 

 ing a record of the flow of each stream in his district 

 from which water was diverted, and to see that the 

 water was distributed according to the size and priority 

 of each ditch within his jurisdiction. 



During the irrigation season the water commis- 

 sioner is in constant touch with all ditch owners in his 

 district, and keeping constantly informed of the amount 

 of water flowing in the streams supplying water for 

 the ditches, he is enabled to see that each ditch gets its 

 rightful share of water. On rare occasions there may 

 come a conflict of opinion, and then the superintendent 

 of irrigation is appealed to ; and if he finds it impos- 

 sible to settle the difficulty the case may be carried to 

 the state engineer, who is at the head of the entire irri- 



gation department of the state, or into the courts for 

 final adjudication.. The system has worked with com- 

 parative smoothness, and has imparted a stability to the 

 administration of irrigation affairs that is truly grati- 

 fying. 



Wyoming, in the adjustment of its water question, 

 took a much wider view. It began by passing an act 

 declaring all of the water in the natural streams, not 

 theretofore appropriated, to be the property of the 

 commonwealth. Then it provided for the installation 

 of a state board of water control, to have general super- 

 vision of irrigation. The board began its labors by 

 passing upon all existing water claims, in a manner 

 similar to that followed by the district courts of Colo- 

 rado. Their findings were made of public record as 

 an evidence of title to water rights and as a guide to 

 the future administration of the department. Then 

 the -state was divided and subdivided into water districts 

 in the same manner as has been described with refer- 

 ence to Colorado, over which were placed the necessary 

 subordinate officers. A careful measurement of all the 

 streams in the state has been made, in order to ascertain 

 the amount of unappropriated water that may be flow- 

 ing in them. As soon as all the water of a stream has 

 been appropriated the board of control becomes 

 cognizant of the fact, and permits no further appropria- 

 tions, thus shutting off any vexatious contention among 

 consumers as to a division of the water. Tinder the 

 workings of this system irrigation affairs in Wyoming 

 have assumed a condition of almost perfect order, and 

 both land owners and water appropriators feel secure 

 in their possessions. 



While the methods described might need some mod- 

 ifications if applied to California conditions, yet they 

 would appear to furnish the framework for action in 

 this state. 



It seems almost beyond belief how a state so far 

 advanced in most things as is California, could so long 

 permit the question of irrigation to remain in a state 

 of abeyance. If the question was not such a vital one 

 to the welfare and material prosperity of the entire com- 

 monwealth ; if the people of California were not of such 

 general intelligence and progressiveness ; were not the 

 benefits of irrigation so obvious ; and if instances of the 

 evil effects of non-action in the premises were not so 

 many and so marked, there might appear some excuse 

 for so much public dereliction. Indeed, there appears 

 to be no valid excuse. 



Then the next thing is to find some explanation. 

 Let us say that gold mining for a long time over- 

 shadowed the interests of agriculture; that monopoly 

 and the bonanza idea have long hampered the develop- 

 ment of that industry; that there has existed too much 

 ignorance as to the general needs and the best interests 

 of the commonwealth at large; that there has been a 

 lack of unity among the people of the state at large in 

 furthering the general welfare of the state : that the 

 state has been rent with local prejudices and jealousies ; 

 that there has been a lack of system and of sustained 

 effort on the part of the friends of irrigation reform. 

 Let us do these things, I say, and we may see a glimmer- 

 ing of the reasons why the irrigation system of the state 

 today is in such a condition. 



Judging by the character of its irrigation laws one 

 would say that the state of California, proceeding upon 

 the proposition that the question of irrigation was an 

 extremely difficult and vexatious one, had, after the 

 faintest attempt to settle it, thrown it overboard as a 



