extension, and enlargement are benefits t<> the community as a whole, 
confiscation of the property of the indn idual results for the benefit in 
particular of the holders of an <>1<1 decree and of the community in 
general. With decrees more definite as to length of time and use and 
limited in quantity to the Deeds of the land irrigated, transfers would 
be a benefit as they would encourage consolidation of ditches and 
economy of use. Conditional decree- could he granted dependent on 
the completion of extensive works and the actual reclamation of the 
land within a reasonable period. 
In the administration of the irrigation department, one must con- 
tend with the acts of those who believe themselves to have been 
wronged and who by force seek to maintain their rights, but discre- 
tionary power of the officers has been so curtailed and limited that 
they are often forced to do things against both their judgment and 
inclination. Every irrigation official should be clothed with more dis- 
cretionary power, and the decisions of tin 4 State engineer should stand 
until the courts deeide adversely, instead of being overruled by injunc- 
tion. An official who is sworn and under bonds to do his duty is 
enjoined from doing this duty. The presumption of impartiality is as 
strong in him as in a judge; his ability to judge of a case is superior; 
he is familiar with the law and customs; he knows, by long exercise 
of his duties, the priorities, the needs, and the rights of the ditches; 
he knows almost by instinct the effect of certain actions and decisions; 
he has knowledge which neither laws nor decree-, nor books, nor rec- 
ords can give; he has seen the effects actually worked out on the 
ground; he is vitally interested in the good conduct of his office, and 
he is subject to immediate removal in consequence <>t' any misconduct. 
It is simply absurd that the court should presume without investiga- 
tion, and in ex parte proceedings to set aside his ruling-. 
CONCLUSION. 
In the foregoing pages, as far as possible, facts as ascertained from 
personal observation have been given, and criticism of doubtful 
points has been avoided. An attempt has been made to give an out- 
line and something of a history and the sequence of events which led 
up to the legal contests, said by some to be only the beginning, but 
which are more probably the beginning of the end. Other nation- have 
had nearly the same questions and difficulties to meet, and found the 
solution of their troubles and worked out their own salvation. With 
them it required centuries for final settlement. In the United States 
the progress made in Colorado in one short generation gives no reason 
for discouragement. An efficient system of administration has been 
worked out. and a system of adjudication ha- been adopted, which 
needs only a better knowledge of the requirements of irrigation prac- 
tice to make it satisfactory. 
O 
