I 



THE UTILIZATION OF THE VACANT PUBLIC LANDS 55 



The state of California lias adopted a ])olicy, based upon the 

 principle of state or coninion ownership in natural waters, which 

 provides for the ownershi() by conmumities of works for the stor- 

 age and distribution of waters for irrigation [jurposes. This law, 

 known as the Wright law, which has recently been declared con- 

 stitutional by the Supreme Court of the United States, has been 

 adopted, I believe, by nearh^ all the arid land states. It pro- 

 vides for the organization of irrigation districts wherever fifty 

 or a majority of the owners of lands susceptible of one mode 

 of irrigation from a common source and by the same system of 

 works desire to provide for the irrigation of their holdings. 



It also provides for the creation of a board of directors, who 

 have power to purchase lands, water and water-rights, and to 

 construct the necessary reservoirs and irrigation works. It also 

 authorizes the issuance of bonds to raise money for the construc- 

 tion of such works, which bonds are to be paid out of revenues 

 derived from ainiual assessments upon the real property of the 

 district, and all such property subject to taxation by the state is 

 liable to such assessment. 1 do not attempt to give details, hut 

 simply the general features of the law, to show how unjustly it 

 would operate in a district where there was a tract of vacant pub- 

 lic land. This land would be susceptible of irrigation by the same 

 system and from the same connnon source, and would therefore 

 be materially enhanced in value by the construction of irriga- 

 tion works at the ex])ense of the inhabitants of the district, al- 

 though the government would not be liable to contribute to it, 

 for the reason that the government lands are not subject to tax- 

 ation by the state, and are therefore not liable to the assessment. 

 This inequitable feature could be removed if the title to the lands 

 were in the state. 



In the arid region an average of about 76 per cent of the land 

 is in the hands of the government. In Nevada about 95 per 

 cent of the area is vacant. These lands contribute nothing to 

 the revenues of the state. With its taxable resources so dimin- 

 ished it is impossible for the state to undertake a system of irri- 

 gation. They should be so disposed of as to make them avail- 

 able as resources from which the state may increase its revenue. 



The states in the arid region have established laws for the 

 acquisition and protection of riparian rights, based upon the 

 doctrine of priority of ai)i>roi)riation. This has been rendered 

 necessary by the fiiilure of the general government to formulate 

 a uniform system for the protection of the rights of jiarties and 



