THE IRRIGATION AGE. 



371 



It may be said that these waters are collected from 

 the surplus and would go to waste if not impounded 

 by the Government, and if my conclusions are correct, 

 the Government would not be compelled to store the 

 water for the benefit of the people, and can let the 

 surplus go to waste. If the Government should take 

 such a position when it is spending millions of dollars 

 in experimental work in the agricultural department 

 and millions of dollars in protecting the banks of the 

 Mississippi and Ohio rivers from floods, for which 

 there is no return, it ought to receive the condemnation 

 of all honest thinking people. It is apparent that these 

 surplus waters could be kept in the reservoir without 

 the expenditure of a dollar on the part of the Govern- 

 ment, and could be released upon orders of the State 

 Boards of Irrigation of Wyoming and Nebraska, as 

 required by the people along the stream. 



It is therefore apparent that the following facts 

 must be recognized : 



1. The Government now holds in storage a vast 

 quantity of water in excess of any possible demand by 

 the Government upon the reservoir. 



2. By withholding this water at this time the 

 Government can neither hold it for nor apply it for 

 any beneficial use, the only legal right the Govern- 

 ment has to any water is that given it under the laws 

 of the states to which it submitted when it made the 

 appropriation for the reservoir. 



3. The portion of the water impounded from the 

 natural flow at times when the natural flow would have 

 reached numerous canals with rights prior to the Gov- 

 ernment, is clearly water that belongs to such canals 

 and the Government is holding it without right. 



4. It is up to the Reclamation Department to at 

 once release a reasonable amount of the excess stored 

 water for the use of the people in the Platte valley 

 and to at once determine upon some fair and equitable 

 method of adjustment and permanent solution of the 

 trouble. The department should at once take the peo- 

 ple into their confidence, and turn the reservoir over 

 to the people upon being reimbursed for the moneys 

 invested by the Government in the reservoir. 



5. If the Reclamation Department refuses to do 

 this it is up to the irrigators and riparian owners along 

 the Platte river in Nebraska to secure an adjudication 

 in the court against the Reclamation Department and 

 compel the department to recognize the rights of our 

 people. 



The people of Nebraska and Wyoming as those 



jointly interested in this enterprise of the Government, 

 started for the purpose of benefiting our people, and 

 the state officials and legislative machinery of Nebraska 

 and Wyoming, ought to co-operate and compel the 

 Reclamation Service to observe the laws of the states 

 of Nebraska and Wyoming in the administration of 

 the waters under the control of the Reclamation Serv- 

 ice, but for which the Reclamation Service has no bene- 

 ficial use. 



Senator Norris of Nebraska has introduced a 



joint resolution allowing suit to be brought against the 



officers of the Reclamation Service to determine our 



rights. It remains to be seen whether or not the Rec- 



(Continued en Page 379) 



>.00141 



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