THE IRRIGATION AGE. 



87 



"It is clearly established by the highest authority that 

 in the absence of statutes to the contrary, where a stream 

 flows from one state into another, prior appropriators on 

 the stream below the dividing line have a superior right 

 to that of later appropriations within the state where the 

 water is first available. This would seem to establish the 

 principle that water, which is originally the natural re- 

 source of one state, may be dedicated to a beneficial use 

 within another. And while the cases that may be cited 

 on this point refer to water of streams that would nat- 

 urally flow into the second state, if left unappropriated 

 within the state of their source, the principle involved is 

 practically the same, for the state where the water that 

 becomes available doubtless has a legal right to control 

 the disposition of the entire flow of even an interstate 

 stream while within its boundaries under the principle 

 of priority of appropriation adopted in Idaho and other 

 western states. 



"The old common law doctrine of riparian rights was 

 to the effect that the water of streams should flow in their 

 regular channel for the use of those along the banks; but 

 the principle that priority of appropriation shall govern 

 the use of water necessary for irrigation- rests on the 

 theory that the water is more valuable applied to a 

 beneficial use of lands to which it may be diverted than it 

 would be flowing down a natural channel, and that the 

 lirst person to so divert such water should have the superior 

 right thereto." 



It is not our intention to find fault with this decision, 

 as, no doubt in this special case, it was equitable and just; 

 yet it is necessary to discuss the proposition, as it is a 

 very important subject which no doubt should receive at- 

 tention at the hand of the legislatures in the various 

 states. The error was undoubtedly made by the state 

 engineer, of Idaho in granting an unrestricted permit to 

 residents in Montana to use the waters of a creek flowing 

 from Idaho into Montana. If this principle be made ap- 

 plicable to an extreme case for instance, then some one in 

 Texas might have been first to appropriate the waters of 

 the Rio Grande and thus cut off the states of Colorado 

 and New Mexico from the use of such water. 



It stands to reason that it would be obviously wrong 

 to deprive anyone living along a water course of the use 

 of water, for it is evidently the right of every living 

 creature to make use of the necessaries of life nearest to 

 hand; thus the people living along the course of the Rio 

 Grande in Colorado should have a prior right to the 

 waters of the river over those living along the river in 

 New Mexico and those in New Mexico should have prior 

 rights to the Texas people, regardless of priority of filing. 

 The fact that all rivers are formed and kept flowing by the 

 lain and other precipitation along their courses through 

 the various drainage basins indicates that the very water 

 intended for the settlers along such water courses is 

 carried away by the river, and it would seem an injustice 

 to deprive such residents of the use of such waters just 

 because some one lower down has made a prior applica- 

 tion. 



Scientific 

 Principles 

 Must Be 

 Observed. 



ods based 

 those who 



The developments which have taken 



place during recent years along lines 



of agriculture are plainly showing that 



the old ways which have been practiced 



for centuries are no longer satisfactory 



and must make room to modern methr 



upon scientific principles and research. To 



have not followed the development of new 



procedures in-the field of agriculture the progress made is 

 simply amazirtg and astounding. It cannot be denied that 

 perhaps the greatest force acting in this direction today 

 consists in the work of the many agricultural colleges and 

 experiment stations as an adjunct to the Department of 

 Agriculture of our national government. Here it is 

 where the present-day problems of the farmer receive 

 thorough and scientific treatment and where the results 

 are tabulated and published, thus making them available 

 for the whole community. 



With the tremendous strides made forward during the 

 last decade in the way of irrigating the arid lands of the 

 west many problems were encountered which have 

 bothered the brains of some of the best talent in the 

 United States, but they were solved satisfactorily, as is 

 proven by the many successful irrigation projects com- 

 pleted now and in operation. 



There were, however, some irrigation projects put 

 under way without sufficient preliminary investigation 

 and, as a result, some of them have failed. The principal 

 reason responsible for such failures has been insufficient in- 

 vestigation as to amount of water available, or quality of land 

 and water. In many cases the supply of water has proven 

 deficient and in other cases the soil has proven absolutely 

 worthless. 



These failures point the way to the remedies. No 

 irrigation project should be authorized unless there has 

 been a thorough investigation either by the government 

 or competent authority as to the amount and quality of 

 the water available, and next there ought to be a thorough 

 investigation regarding the quality of the soil which should 

 be made by competent agronomists of the various experi- 

 ment stations. 



The new law in California, referred to elsewhere in 

 this issue, provides for the first part of these requirements, 

 as the state commission must investigate the sufficiency 

 of the water before a new district can be organized under 

 the law. 



There will be less difficulty in financing worthy 

 projects when investors have the assurance from compet- 

 ent authority that the essentials of success have been 

 determined, namely, a sufficient quantity of water, a good 

 quality of water and a rich soil. These three factors must 

 be determined by technically trained men. Other factors, 

 such as markets, climatic conditions, etc., are easily ob- 

 served by the average citizen. 



Thoughts 

 That 



Come and 

 Go. 



The article on "Alfalfa Culture in Amer- 

 ica" has been abstracted from the Inter- 

 national Harvester Company Bulletin 

 "For Better Crops." It would seem that 

 this company is doing much good work 

 in spreading useful information among 



farmers and settlers. 



* * * 



"On the Roof of the World" is a very interesting 

 article by Mr. W. D. Boyce, giving a splendid description 

 of a trip through South America. It is richly illustrated 

 and should prove a treat to everyone who reads it. 



* * * 



The "Primer of Hydraulics" is now passing through 

 the finishing touches and will be ready for delivery about 

 February 1 next. Send in your orders now, as they will 

 be filled in the order they are received. The price of the 

 book, cloth bound, is $2.50 net, post paid. 



