THE IRRIGATION AGE. 



333 



"There are three Government reclamation 

 projects in Montana ; and if I had to go through 

 what I have to go through every year for the Flat- 

 head project in the case of every one of three 

 others, making four in all, I would not be able to 

 do it; that is all there is to it. I would not have 

 any time or life left. 



"Our conferees come back here and tell us 

 what is undoubtedly true, that unless we recede the 

 House conferees say the bill shall fail and they will 

 put in a provision for interest the next time. That 

 is another threat hanging over our heads. That 

 very same condition might arise if this becomes a 

 law. Every time a bill appropriating money for 

 reclamation projects is passed, when we fix it the 

 way we think it ought to be, it will go to confer- 

 ence and the House conferees will have it in their 

 power to say it must be changed so-and-so, and if 

 it is not the whole bill will fail and nobody will get 

 a dollar." 



Refusal of the House to agree to the "court 

 jurisdiction" amendment, which was advocated 

 strongly by the National Federation of Water 

 Users' Associations was a disappointment to the 

 settlers generally, but it has not ended the fight. 

 The Water Users feel that they should have the 

 right of litigation, when a question concerning 

 their interests arises, and the leaders are already 

 preparing to renew the battle for "court jurisdic- 

 tion" before a future session of Congress. 



Although it is now history, it is interesting to 

 study the argument of the Reclamation Service 

 against the court amendment. It furnished what 

 little excuse the members of the House committee 

 on Irrigation could stir up for refusing the request 

 of the settlers. The plea, which was made by A. R. 

 Honnold, Denver attorney of the Reclamation Serv- 

 ice, follows: 



"I believe that the amendment is not consonant 

 with or in keeping with the United States Judicial 

 Code or court decisions, but is a radical departure, 

 hedged about with no restrictions, and gives the 

 United States court jurisdiction of all cases arising 

 in the future between Water Users and the associa- 

 tion and others. 



"It confers no rights on the United States that 

 it does not now enjoy. 



"The Water Users have a method of enforcing 

 the law. Under the code and the equity rules one 

 or more settlers may sue on behalf of all concerned 

 and similarly situated. 



"It does not restrict associations or districts to 

 those contemplated by the Reclamation Act, but 

 embraces all such as are legally organized. All such 

 associations and districts are creatures of State 

 statute. 



"Water Users' associations represent all users 

 thereunder and costs are apportioned against all. 

 Perhaps but a part wish to sue or are in a position 

 to benefit by the suit. On account of the compara- 

 tive small cost to each farmer by such cooperative 

 litigation it will be easy for unscrupulous lawyers 

 to induce the association to permit of bringing a 

 suit on the slightest provocation. 



"It permits any such organization legally con- 

 stituted under State law to bring suits against 

 United States officials regarding water rights. 



"It means many legal complications and will 

 entail large expense without compensating benefits. 



"In the enforcement of the homestead laws 

 under projects the General Land Office and the local 

 land officers will be forced to follow decisions of the 

 United States courts in various States, and which 

 may be different in the various States. 



"Possible private irrigation promoters under 

 the guise of irrigation districts or Water Users' as- 

 sociations may tie up Government construction of 

 reclamation projects for long periods of time by 

 raising questions regarding the water supply. 



"Government construction might be held up for 

 long periods by injunctions pendente lite, etc. 



"The amendment will greatly complicate the 

 disposition of Government business and interfere 

 with its dispatch. 



"It will have the effect of nullifying to a certain 

 effect much of the very things the bill sought to do. 



"It has not been considered by the Judiciary 

 Committee nor by the Department of Justice. 



"I believe the amendement is entirely foreign 

 to the general purposes of the bill to which it is 

 attached and should be stricken therefrom. 



"The judicial code of the United States pro- 

 vides, in chapter 2, the first section, that the United 

 States district courts shall have original jurisdic- 

 tion of all suits of a civil nature, at common law or 

 in equity, brought by the United States. To that 

 extent the first part of the bill confers no new rights. 

 However, the jurisdiction which is given to the 

 courts of all suits brought by Water Users' associa- 

 tions or otherwise is unlimited, and if at any time 

 projects are turned over to the farmers and the Gov- 

 ernment has no remaining interest in them, still the 

 United States courts would be vested with juris- 

 diction of all cases relating to individuals regardless 

 of the land involved. To that extent it looks to me 

 like it would be a burden upon the Water Users." 



IRRIGATED LAND LOTTERY 



The second unit of the Truckee-Carson project 

 will be thrown open to settlement this month. 

 Uncle Sam will allot the 40 and 80 acre homesteads 

 by a lottery at Fallen, Nev., Sept. 18. 



There is a lot of valuable land for general farm- 

 ing, dairying and beet raising in the new unit. A 

 sufficient water supply now seems assured. 



The cost of water right under this unit of the 

 Truckee-Carson project will be $60 per acre, the 

 payment required when application is made amount- 

 ing to $3 per acre. The remainder of the construc- 

 tion charge, $57 per acre, shall be paid in fifteen an- 

 nual installments, the first five of which shall be $3 

 per acre each, and the remainder $4.20 each. 



Send $1.00 for 1 year's subscription to the IRRIGA- 

 TION AGE and bound copy of THE PRIMER OF IRRIGA- 

 TION. If you desire a copy of The Primer of Hy- 

 draulics add $2.50 to above price. 



