The Distribution of Water. 
17 
of the stream on alternate days to different localities as they may 
in their judgment think best for the interests of all parties con¬ 
cerned, and with due regard to the legal rights of all. Experience 
has shown in distributing water under the larger ditches with 
numerous consumers, at a time when the supply is limited, much 
better results are accomplished by delivering the entire available 
supply alternately, to a fraction of the consumers for one or two 
days, to other consumers, and so on, because with a better head 
of water better results can be obtained in a short time than with 
a small head in a much longer time. The same principle if 
permitted by law could probably be applied successfully in dis¬ 
tributing water among different ditches when the supply in the 
stream becomes limited. It is, of course, a subject of grave 
doubt as to whether a water commissioner can alternate the 
supply in the manner suggested against the consent of the ditch 
owners affected thereby. But it is suggested, that such consent 
may be obtained in some instances through the exercise of tactful 
suggestions by the water commissioner upon the understanding 
that some benefit will result to the party making the concession, 
by means of a return concession in his favor later on. 
To illustrate: We will suppose that there are two ditches 
each having a capacity of carrying 100 cubic feet per second, 
and that there are no other ditches to interfere with the arrange¬ 
ment; that ditch A has priority numbers 1 and 3 each for 50 
cubic feet per second; that ditch B has priorities numbers 2 and 
4, each for 50 cubic feet per second, and that the river at the 
particular time under consideration supplies only 100 cubic feet 
per second for the two ditches, we will say for a period of two 
weeks. It is evident under the circumstances stated that a strict 
compliance with the prior rights of the two ditches will give 
each of them 50 cubic feet per second during the time men¬ 
tioned. Consumers under both ditches under those circumstances 
would derive benefit by authorizing the water commissioner to 
deliver 100 cubic feet per second to ditch A for half the time, 
and 100 cubic feet to ditch B for the remaining half of the time 
or on alternate days. It will be noticed that under this hypo¬ 
thetical case each ditch will get just as much water as under the 
other plan, but the probabilities are that the same amount of water 
will do very much more good if given in double the quantities for 
half the time. 
The last section of the statute of 1899 confirming temporary 
loans or exchanges of water, was evidently adopted to apply to 
just such a case where two ditch companies themselves get to¬ 
gether to make such an agreement and notify the water com¬ 
missioner thereof. But it is here suggested that a water com¬ 
missioner would be enabled in many instances to accomplish a 
great deal of good by himself taking the initiative and urging 
