THE IRRIGATION AGE. 



21 



tricts, but unless conditions have changed since his 

 last visit to these points, Los Molinos is a private 

 project operated by heavy western coast interests 

 and should not be used by any federal official in 

 comparison with a project controlled by the govern- 

 ment, as that comparison on its face would place the 

 members of the Revision Committee a purely fed- 

 eral institution in the position of critics of their 

 own or their employer's (the federal governments') 

 plan. 



Dr. Mead, as is well known, is a strong advocate 

 of the Australian plan, but it is doubtful if he will 

 accelerate any movement in that direction by an 

 attitude such as is complained of in the report of 

 the Committee on Revision. 



Perhaps Dr. Mead and his associates may be 

 able to conciliate the Orland people by a more clear 

 statement of their attitude. 



In this connection we are reminded that there 

 is a disposition on the part of many of the leaders 

 among the federal water users to criticise what they 

 term a change of heart on the part of Dr. Mead 

 since he has become closely identified with the 

 "powers that be" at Washington. The AGE would 

 be deeply grieved if such a condition should be 

 proven to exist. If this change has taken place, and 

 Dr. Mead is acting under special instruction from 

 the head of the Department of the Interior, that 

 head should be made to understand that he is there 

 to aid rather than retard development of the man 

 upon the land. 



ENTRYMEN GIVEN RELIEF BY LANE 



Secretary of Interior Voids Order of Land Office In the Greeley- 

 Foudre Case 



WINS IRRIGATION FIGHT 



A decision affecting Colorado and Nebraska 

 water rights, far reaching in its effect, was handed 

 down recently by the United States circuit court of 

 appeals. 



The decision held that state lines do not affect 

 the question of priority of water rights and the con- 

 tention of the State of Colorado that junior appro- 

 priators of the state have priority over senior appro- 

 priators in adjoining states fails. The decision says 

 that filings first in time are first in right regardless 

 of state lines. 



The case grew out of a contention as to rights 

 to water from the Republican river, which flows 

 from Colorado into Nebraska. The Pioneer Irriga- 

 tion Company, which serves customers both in Colo- 

 rado and Nebraska, but which was denied the use of 

 water in Nebraska so long as later appropriators in 

 Colorado were needing water, brought the suit to 

 establish its rights, and the decision was in its favor. 



It is likely that the case will be carried by the 

 State of ColoYado to the supreme court of the United 

 States, as there are other suits between Colorado 

 and Wyoming water users which will be affected 

 by the final outcome. Nebraska users are concerned 

 in the matter not alone from Colorado, but from 

 Wyoming. 



Franklin K. Lane, secretary of the interior, has 

 notified the Denver land office that he has overruled 

 the action of the general land office denying relief 

 to desert land entrymen holding lands under the 

 Greeley-Poudre irrigation system. 



The secretary holds in his decision that while 

 the proposed water rights of the Greeley-Poudre sys- 

 tem are in litigation there is not a "reasonable pros- 

 pect" of entrymen securing sufficient water rights to 

 enable them to comply with the conditions of the 

 irrigation act. 



He will allow entrymen involved to proceed 

 with the purchase of their lands upon the fulfillment 

 of the other conditions. 



The decision followed an appeal lodged by 

 George W. Gardner from the decision of the general 

 land office, made March 16. Gardner's application 

 to purchase, it was held in the appeal, had been re- 

 jected because of the failure of the contemplated irri- 

 gation system to materialize, as the result of water 

 rights litigation. 



The litigation referred to is the Wyoming-Colo- 

 rado suit involving the right of the Greeley-Poudre 

 Irrigation Company to divert the waters of the 

 Laramie river in Wyoming to the Greeley-Poudre 

 system in northern Colorado. 



The briefs in this suit have recently been com- 

 pleted by Judge Julius C. Gunter and his associates, 

 and the case has been set for a hearing in the United 

 States Supreme Court in Washington, sometime 

 during December. 



One peculiar feature of Wyoming's case against 

 Colorado is that it seeks to prevent Coloradoans 

 from using the water of the Laramie river, although 

 the river has its source in the northwestern part of 

 this state. 



HAWAII INVESTIGATES SEEPAGE 



Hawaii plantations are to cooperate in an in- 

 vestigation to be made into ways to remedy the 

 seepage of water from irrigations ditches, it is an- 

 nounced in a report made by G. K. Larrison, su- 

 perintendent of hydrography, to the board of agri- 

 culture and forestry. This seepage has caused 

 heavy losses to plantations recently. 



Among the recommendations made is the con- 

 sideration of permanent cement lined waterways on 

 the irrigated plantations. Included in the planta- 

 tions that are asking for the investigations are the 

 Ewa, Honolulu, Oahu and Waialua, on Oahu, and 

 the Pioneer and Maui Agricultural, on Maui, and 

 Kehaha, on Kauai. 



IRRIGATION LAWYER LOCATES IN 

 CHICAGO 



Edward C. O'Brien, formerly special agent to 

 the attorney-general of the United States, has re- 

 sumed the practice of law at 1887-1889 Continental 

 and Commercial bank building, 208 South La Salle 

 street, and will specialize in the law of mining, irri- 

 gation, water power and Indian lands. Practice in 

 all courts, before government departments at Wash- 

 ington and before committees of congress. 



