:G 



THE IRRIGATION AGE. 



and the State superintendent of banks, and made 

 the bonds of districts approved by this commission 

 legal investments for State funds. It is true that 

 this measure has not been put into practical execu- 

 tion as yet, but not on account of any inherent defect 

 of the law. These facts are cited as instances of 

 what can and is being accomplished. 



In Utah one project has been successfully exe- 

 cuted with State funds the so-called "Reserve 

 Land Grant fund." 



In Colorado there are still many who regard 

 the largely court-made system of water adminis- 

 tration as perfect, and who, in the language of the 

 legislative committee of 1909, advise "hands off." 

 The argument is advanced that "it is dangerous to 

 vest judicial powers in administrative officials or 

 boards." 



To such people should be commended a study 

 of the "Wyoming System" so-called, as shown by 

 its results. The State of Wyoming wisely incor- 

 porated its present effective system in its constitu- 

 tion about 20 years ago, with the result that, today, 

 every "water right" in the State is well defined, and 

 that without friction or litigation. Compare the 

 effectiveness of this system as exemplified by the 

 experiences of the Dakotas, Nebraska, Wyoming, 

 Utah, New Mexico and Oregon, with that of Col- 

 orado or California. 



Whether power be vested in one man or a 

 board, the results are the same. Idaho has 

 attempted an application of a mixture of the Colo- 

 rado and Wyoming systems and has attempted 

 to cure this defect by remedial legislation to be 

 referred to later. To apply a remedy it is neces- 

 sary to begin at the seat of the trouble unre- 

 stricted filings. The experience of the States that 

 have adopted the Wyoming doctrine demonstrates 

 amply the superiority of a system permitting the 

 State engineer or a State board of division engineers 

 under whatever name to exercise discretionary 

 powers as to the granting of permits to appropriate- 

 with an appeal to the courts as in all other States. 

 Work under this system must be initiated and com- 

 pleted within certain statutory limitations of time 

 proof of beneficial application, with issuance of cer- 

 tificate of license to follow also within a prescribed 

 period. This, with compulsory adjudication by the 

 board of all old rights, may within a few years result 

 in a complete record of all "rights" in the State and 

 at once vastly simplify procedure and tend to re- 

 store a measure of confidence. The Colorado filing 

 law of 1911 is a tremendous improvement over the 

 old system, which was simply a pawn in the hands 

 of unscrupulous promoters, tut it still regards the 

 primal resource of the State its waters as being 

 free as air and as concerning the State only as con- 

 troversies may arise. This theory may have been 

 correct twenty-five years ago, but economic condi- 

 tions have changed. A "water right" in Colorado 

 especially is such an obstruse affair that the engi- 

 neers can hardly "sense" it. It is a fundamental 

 obligation of the States which are spending thou- 

 sands to bring people upon their vacant lands, to 

 spend a little time, money and thought, towards 

 protecting these same people from the machinations 

 of unscrupulous land and water promoters after 

 their arrival. 



The Colorado Carey Act administration as at 

 present constituted is good because in this instance 

 authority is vested in the State officials, the State 

 engineer and the State land board, but what of her 

 irrigation districts? To find out, go to Eastern 

 financial centers. Colorado is the only State where 

 irrigation districts "cut any figure," in which there 

 is a complete absence of State's control. 



Idaho has many such districts. They have been 

 almost uniformly successful and that because there 

 is a complete system of State supervision. The 

 advanced legislation in California has already been 

 referred to. It is not enough to go this far and no 

 further. 



All irrigation projects selling water rights 

 should be brought under the supervision of State 

 authorities to the end that the purchaser of water 

 rights yes, even of irrigation securities, may know 

 he is buying something possessing tangible value. 

 This recommendation applies to all the States. 



Idaho in 1909 adopted a law providing that no 

 water right could be sold by any person or corpora- 

 tion, except upon approval of the State land board, 

 based upon examination and approval by the State 

 engineer; providing for a record of all transfers of 

 this character and a stiff penalty for non-observ- 

 ance of the law. 



It is true that this law was designed as a pal- 

 .liative for that part of the Colorado System provid- 

 ing for approval by the State engineer of all filings 

 even though obviously spurious but it is a good 

 law and a step in the right direction. 



With reference to initiation and perfecting of 

 so-called "rights," the States that still cling to the 

 antiquated system of "posting and filing of notices" 

 no doubt will in the near future adopt an orderly 

 system of procedure based upon the "Wyoming sys- 

 tem." 



Of these States Texas, California and Washing- 

 ton have taken steps in the right direction by the 

 appointment of commissions to study the subjects 

 involved and to submit appropriate recommenda- 

 tions. In California some measures may be ex- 

 pected to engage the attention of the next legisla- 

 ture in Texas, likewise, in Montana and Arizona 

 there have been, so far, no active steps in this direc- 

 tion in Washington, the model "code" suggested 

 was rejected by the legislature in 1911; but efforts 

 in this direction will not cease that account. 



One thing, further, I wish to recommend to take 

 appeals from the decisions of State officials to the 

 Supreme Court, directly, thus obviating intermin- 

 able delays. 



At Pueblo in 1910 and at Chicago in 1911 at 

 the irrigation congresses, resolutions calling for effi- 

 cient States' control were unanimously carried. 



At Salt Lake City in 1912, the congress adopted 

 a resolution endorsing a procedure whereby the con- 

 trol of all irrigation projects would be placed in the 

 hands of a commission consisting of experts in their 

 lines to pass upon water supply, engineering, soil 

 conditions and financing and thus to introduce an 

 element of stability, into these ventures. It is easy 

 to see that the leaven is working and in which direc- 

 tion events are trending. Whether these matters 

 be passed upon by the State engineers and State 



(Continued on page 88) 



