Irrigation in the United States


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Irrigation in the United States Testimony of Elwood Mead, Irrigation Expert in Charge, before the United States Industrial Commission, June 11 and 12, 1901
Physical Description:
47 p., 10 leave of plates : ill., map (folded) ; 24 cm.
Mead, Elwood, 1858-1936
United States -- Industrial Commission on Agriculture and Agricultural Labor
United States -- Office of Experiment Stations
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Publication Date:


Subjects / Keywords:
Irrigation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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University of Florida
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oclc - 08208642
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A. C. THUE, Director.
Irrigation Investigations, Elwood Miead, Expert in Charge.


11 AND 12, 1901.


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Washington, D. C., October 10, o11.
SIR: I transmit herewith the testimony of Prof. Elwood Mad,
expert in charge of the irrigation investigations of this OfMce, before
the United States Industrial Commission. Professor Mead appeared
before the commission June 11 and 12, 1901, to testify on the subject
of irrigation in the United States. His testimony presents a rPiew
of the irrigation situation in the United States, including not only the
arid region of the West, but also the humid sections of the South and
East, where in two States alone more land has been brought under
irrigation during the past five years than in any single State in the
arid region during the same period. The testimony also deals briefly,
but in some detail, with the practical aspects of extending public aid -
to irrigation, either through the State or national governments. The
increased importance of the phases of the irrigation question discussed
in the testimony as issues in both State and national legislation has
created a considerable demand for information regarding them, and
it is believed that the republication of the testimony will do much to
supply the demand.
Respectfully, A. C. Txuu,
Secretary of Agriculture.



: Introduction ----..---.----.---------..- --..----------...---.---.--- 5
Beginnings of irrigation in the United States..------........--------......---------- 7
SImportance of irrigation in the United States -------...-- .........------------- 7
!, Irrigation in the United States the result of private enterprise ......... 8
vWoldtion of water laws in the arid region .----......-- .........- .....- 10
Necessity for laws governing irrigation................................ 10
Importance of water laws not at first appreciated ..........---------. 10
Control of streams left to States by National Government ------. ---, 11
Uncertainties of the water laws- ---- -----.......----..-...... --- 12
The limitations of an appropriation--... ..----- --------.--.----- 12
Conflicts between rights of appropriation and riparian rights ----- 12
Establishment of titles to water---------------.....................--............... 13
Colorado -- .................---------------.-----..------------. ..---- 13
Wyoming ...-....------....------- ..-----..--- ------................. 14
Other States .-------------...--.........................------------ 14
Meaning of term water right," and water-right contracts --------------- 15
Building of canals and distribution of water ..........----------....-----..... 16
Losse of water by seepage....-..---------------------------...-----...---- 17
SFillig of canals by silt .........------------...... .....----...... ........ 21
CoMtroversie over titles to water ..--..----...----...-.------------. ...... 22
Absence of public protection of water rights .-......-- ........... 22
Excessive appropriations of water----- .-.---- ..---.. 22
Principles governing water rights in Canada and Wyoming .....------ ...- 25
Storage of water for irrigation -------------....------------------------.... 26
Reservoirs in the West private property -------.--------------------. 26
Storage makes public control necessary ----------.--. ----. ----------- 27
Irrigation a State question.--...... .......................-- .............. 29
Leasing of the public grazing lands ..--------------------------..---..---- 30
National aid extended by land grants ---------.--.---------..-.------...-. 31
Cost and value of irrigation -------....--------------.. ..............--.... 32
SProducts of the arid region ....---.---..----- .--------..-..- 33
i National aid for irrigation ----..------..--- .........------...-- ..---------- 35
Interstate water-right complications ---.......-----------.......-----.....-----..----37
SIrrigation in the humid sections .----------------------.-.............. --- 38
SFilling of reservoirs by silt-..- ---------.------------------------...------ 41
Appendix -----.------- -------------.. -------.------ --------. 43

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PLATE I. Parleys Creek Reservoir, Utah ..- ..-......... ._.... Frontispiece.
II. Fig. 1. Dam for the Otter Creek Canal, Utah --.------.-----.--. 8
Fig. 2. Dam for the Beckwith Canal, Wyoming ----............-- 8
Fig. 3. Dam for the Wyman and Irwin canals, Wyoming ........ 8
Fig. 4. Dam for the Bear River Canal, Utah ..... -----... ..... 8
III. Fig. 1. Head gate o.' the Consolidated Canal Company, Arizona .. 10
Fig. '. Division gate of the Consolidated Canal Company, Arizona. 10
IV. Map of a portion o' the Cach:e ]a Poudre Val'ey, showing the
exchange of water, Colorad) ............-........- .. ..., 16

V. Fig.
VI. Fig.
VII. Fig.
VIII. Fig.
IX. Fig.


Bear River Canal, looking north, showing drop -------..-
Iron flume across Malad River, Bear River Canal -----...
Appearance of irrigation canal when first completed -----
Appearance of irrigation canal ten years'after completion.
The head gates of an Idaho Canal................--...---
Side-hill construction on an Idaho Canal ..........-.-.
Irrigated farm in Idaho .........-...................
Head of Gage Canal, California.......................
Division bulkhead of Gage Canal, California ........ ....
View of a stock ranch at Mesa, Ariz ................
An almond orchard in Arizona ....... .. ........

Artesian wells, head of Gage Canal, California .. -.............
Map of Bear River, showing location of ditches and irrigated land.
Fig. 1. Wasteway, Gageby Arroyo, Great Plains Water Company-
Fig. 2. Outlet Conduit No. 2, Great Plains Water Company ....




Fri. 1. Relation between the mean.monthly discharge of the Pondre River
and the appropriations therefrom -----.------------ ..---------





On June 11, 1901, the United States Industrial Commission met at
SWashington, D. C., Vice-Chairman Phillips presiding. Mr. Elwood
Mead, expert in charge of the Irrigation Investigations of the United
States Department of Agriculture, appeared as a witness, and being
duly sworn testified as follows:
Q. (By Mr. A. L. HARRIS.) You will please give your full name,
Spost-office address, and your occupation.-A. Elwood Mead; I am irri-
Sgation expert in charge of the Irrigation Investigations of the Depart-
Sment of Agriculture.
Q. What State are you a native of?-A. Born in Indiana. For the
past eighteen years I have lived in Colorado and Wyoming; for the
Past twelve years, Wyoming.
Q. How long have you made this subject of irrigation a study?-A.
SEighteen years.
Q. How long have you been with the Agricultural Department?-
A. Three years.
Q. Have you studied the subject of irrigation in connection with
Agriculture in the various States of the West, and I might say of the
SEast also?-A. I have.
Q. Have you a written statement that you desire to present to the
Scommission?-A. If you desire I will give an outline of my connection
with irrigation. I went from Indiana to Colorado in 1882 to accept a
professorship in the State Agricultural College. Four years later I
became the professor of irrigation engineering in that college, being
the first professor of this branch of engineering in this country.
Between the time of going to Colorado and my acceptance of the last-
*:i: named professorship, I was employed during two summer vacations
by the State engineer of Colorado to make official measurements of
Sthe capacities of the irrigation ditches of the State having adjudicated
rights to water. Colorado was the first of the arid States to assume
public control over the diversion of water fr9m streams. One of the
first necessities of the legislation providing for this control was a table
showing the capacities of the different ditches in use, and the meas-
Surements made to ascertain these capacities were the first of such
Measurements made. After two years of employment by the State

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engineer during the summer months I became assistant State engi-
neer, resigning from the college, but returning to it when a school of
irrigation was created there. In 1888 I became Territorial engineer
of Wyoming, and continued in that capacity and as State engineer
after Wyoming became a State until 18(8. In 1897 I became con-
nected with the Irrigation Investigations of the Department of Agri-
culture, and for the past three years I have been in charge of these
Q. Have you written a number of reports that have been issued by
the Agricultural Department?-A. Since coming to the Department
I have had charge of the bulletins issued by the Department with
reference to irrigation, of which the following is a list:

\ ...::
Bul. 36: Notes on Irrigation in Connecticut and New Jersey. By C. S. P~hel
B. S., and Edward B. Voorhees, M. A. Pp. 64.
Bul. 58: Water Rights on the Missouri River and its Tributaries. By Elwood Md. !
- Pp. 80.
Bul. 60: Abstract of Laws for Acquiring Titles to Water from the Missouri River
and its Tributaries. with the Legal Forms in Use. Compiled by Elwood Mad.
Pp. 77.
Bul. 70: Water-Right Problems of Bear River. By Clarence T. Johnston ad
Joseph A. Breckons. Pp. 40.
Bul. 73: Irrigation in the Rocky Mountain States. By J. C. Ulrich. Pp. 64.
Bul. 81: The Use of Water in Irrigation in Wyoming and its Relation to the
Ownership and Distribution of the Natural Supply. By B. C. BaRsa,
Pp. 56.
Bul. 86: The Use of Water in Irrigation. Report of investigations made in 1900
under the supervision of Elwood Mead, expert in charge, and C. T. Johuastep,
assistant. Pp. 253.
Btil. 87: Irrigation in New Jersey. By Edward B. Voorhees. Pp. 40.
Bul. 90: Irrigation in Hawaii. By Walter Maxwell. Pp. 48.
Bul. 92: The Reservoir System of the Cache la Pondre Valley. By E. S Netle-
ton. Pp. 48. .:
Bul. 96: Irrigation Laws of the Northwest Territories of Canada and of Wynoing,
with Discussion by i. S. Dennis, Fred Bond, and J. M. Wilson. Pp. 90.
Bul. 100: Irrigation Investigations in California, under direction of Elwood M i.ed.
assisted by William E. Smythe, Marsden Manson, J. M. Wilson, Frank 80oul,
Charles D. Marx, C. E. Grunsky. James D. Schnyler, and Edward IL Boggls :
Pp. 411.
Bul 46: Irrigation in Humid Climates. By F. H. King.
Bul. 116: Irrigation in Fruit Growing. By E. J. Wickson.
Bul. 138: Irrigation in Field and Garden. By E. J. Wickson. Pp. 40.
Rise and Future of Irrigation in the United States. ByElwood Mead. Yeabori
of Department of Agriculture for 1899. Pp. 25.
Practical Irrigation. By C. T. Johnston, C. E., and J. D. Stannard. Yearb06didT 11|
Department of Agriculture for 1900. Pp. 22.
... ....
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Now, if the commission desires, I will take up and follow the gen-
eral lines of the summary I sent you yesterday, and I will take up the
questions that seem to me to be fundamental.
We are accustomed to think and speak of irrigation in the United
-States as being of recent development. Nothing could be further
from the truth. In many parts of the Southwest, notably in northern
New Mexico and Arizona, there are well-defined remains of irrigation
works which have outlived by many centuries the civilization to which
they belonged. Near Las Cruces, N. Mex., is an irrigation ditch
which has an unbroken record of over three hundred years of service.
The Spanish settlers along the Rio Grande were irrigating their gar-
dens seventy years before the settlement at Jamestown. It is true,
however, that irrigation by English-speaking people is only about
50 years old. For its beginnings we must go to Utah, where the little
band of Mormon emigrants were compelled to adopt it to save them-
selves from starvation. It was twenty years after the beginnings in
Utah that irrigation came to be an important factor in the growth and
settlement of Colorado and California. It is an interesting fact that
the earlier attempts in these two States where irrigation has assumed
the greatest importance were made at the same time. The discovery
of gold in California created the overland trail and opened the great
interior valleys of the arid West to miners and stock raisers. At the
stage stations bordering on streams and in the vicinity of mining
camps men without any knowledge or experience built small, rude
ditches and turned water on the thirsty soil. In every instance work
was begun without apparent consideration of future necessities and
by men to whom the whole subject was strange and new. It is only
by understanding this lack of direction and the haphazard methods
which prevailed in the beginnings of our age that we can understand
the present situation.


There are few countries in which i rigation is destined to assume
greater importance than in the United States. Throughout nearly
all that portion of the country west of the one hundredth meridian
successful agriculture is not possible without it, while each year sees
an increase in its use east of that meridian. Leaving out of consid-
eration Alaska and the recently acquired insular possessions, in some
of which irrigation is already an important factor, the area of the
United States east of the one hundredth meridian is 1,648,830 square
miles. Westof that meridian there are 1,433,849 square miles. Taking
this meridian as an approximate division of the humid and arid portions
of the United States, they stand in a ratio of about 53 to 47. The
humid portion is, however, somewhat larger than this. There is a

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narrow strip of well-watered territory along a pardof the Paft,
and scattered throughout the arid region are relatively uiat
with a rainfall considerably above that of' the surrounding aS
and where crops can be grown without irrigation. Making it
hundredth meridian the eastern boundary of the arid dgSi
purely arbitrary. The decrease in moisture begins 500
Rocky Mountains, and gradually but irregularlyinereaw-a
approached. Taking into consideration these minor o
the rough division changes the percentage of humid to arid
ratio of about 60 to 40. 1
Within the limits of the arid region it is not too muh tosay t
irrigation is the basis of civilized life. In many of the aridli;4.i
value of the crops grown by irrigation exceeds the output o" t*:
or the profits of the factory. Not only is this true, but the ohieap al:: :.
abundant food supply which irrigation has provided has ma posa.
ble the operation of many mines and the development of imno ..thst
industries which would have been impossible if the food supplies' "
their operatives had all to be shipped in from the farms of the h~mad
East. The influence which irrigation has exerted in beautifying the
landscapes of the watered areas of the arid West, in lessening the
dust and discomfort, and rendering life more healthful and sta-.
ive, must not be lost sight of. The oases of fruit and foliage and the
marvelous beauty of the gardens and orchards of southern California
have done as much to fill the transcontinental trains from the East
with health and pleasure seekers as has the healthful and enjoyable
climate of that region. Nor does this statement apply to California
any more than to the business centers of the other arid States. The
cities of Phoenix, Reno, Boise, Salt Lake, and Denver are almost sa
much the creation of irrigation as the farms and orchards which su..
round them.

S' ::" ....*"""i :
Irrigation in the United States differs from irrigation in nearliya -ii
other irrigated countries in one important particular. In Italy,
France, Egypt, India, and even in Australia, many of the important |
irrigation works have been built by the Government and owned andid
protected as public works. In the United States, on the other hand,
every canal in operation and, with one or two exceptions, every rse
voir used ini irrigation, is owned and protected as private weik.a.
Neither the several States nor the General Government have a* ipy i
entered into the work of ditch or reservoir building. Colorado hwi:.
built two or three reservoirs with State funds and begun one canal, b*t.
outside of this, investments of $200,000,000 or more to provide.was:
for the cultivated lands of the arid West have come from privatefYulaV,
Whatever has been done in the way of overcoming physical o



tbe building of dams to control mountain torrents, the aqueducts which
follow the precipitous sides of mountain canyons, the thousands of
smaller ditches, and the hundreds of important canals, together with
immense outlay of money and toil required to put arid land in con-
ition for the distribution of water, have all come as the result of the
day and effort of individual companies and corporations.
'OWing to the fact that this development has been left to private
enterprise, there has been a delay in the enactment of laws required to
protect irrigation investments and to secure to the water user his
proper share of the stream along which he lives. In countries where
canals are built with public funds, adequate laws for governing the
division of a stream which fills them receive early attention, and the
leading consideration in the location of these public works is a con-
servation of the water supply and its use on the best land. In the
United States, on the contrary, the building of ditches and the re-
claiming of land being a private matter, public considerations have
received but little attention in the location of works or in the enact-
ment of laws to determine rights to streams. The amount of money
which the individual company projecting irrigation works had was the
controlling consideration in the location of canals and ditches. As a
rule, the places where ditches could be built at the least cost were
First selected. Where these favorable locations have been utilized,
larger and costlier works have been undertaken; and after the nat-
Sural flow of streams has been absorbed, there has followed a natural
Construction of reservoirs to store the flood waters and the waters
Which run to waste during the season when water is not required in
irrigation. In States having a favorable climate, like California, or
people of exceptional enterprise, as in Colorado, or where there has
been from the first a large local demand for farm products, owing to
Sthe proximity of mines, irrigation has developed more rapidly than in
States where the demand for irrigated products or the price received
for them has not been so favorable. Utah has more cultivated land
than Montana, although the area susceptible of irrigation in Montana
is many times that of Utah.
It is probable that if canals had been built as public works the
leading consideration would have been an abundance of water supply,
but being private works the leading consideration has been the cheap-
ness with which ditches could be built and the profit with which the
rights in these ditches could be disposed of. Because of this there
Share many streams in the West where the natural flow has already
Been fully utilized. The ditches and canals which take water from
/ the Arkansas River in Colorado and Kansas cover more land than the
stream can be made to irrigate if every available reservoir site along
the stream is improved, and all the water which can be is utilized.
SThe canals which divert the South Platte River in Colorado and
SNebraska cover all the land which that stream can be made to irri-

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can be filled, and the people who depend on them suffer fromia
as severely as do the people who depend on rain. As a rulse'a
land which can be cheaply irrigated is now either beit 'iri'l5
is owned by parties who intend to irrigate it, and the stfla
can be easily diverted will require reservoirs to make a
sion of the cultivated area safe and profitable; never bli
a large field for future development. The larger rA* : e ...
region, like the Missouri, Big Horn, Snake, Rio Grande, ,
ramento, are as yet almost undiminished in flow. There
is that the cost of works to utilize them has been too gp.
cases this cost will for years to come be beyond the. r
enterprise or beyond the hope of any profitable retu rnf
as private enterprises, and this is one of the reason .
national aid is regarded as a necessity, or, if not a necessi
public policy for the country to adopt.


Wherever irrigation is necessary, laws for the regulation and aia*.
trol of streams must be enacted if development is to be peaceful and
prosperous. It is just as necessary for the farmer to know who oWiCc
the water he uses as it is for him to know that he has title to the laiti
that he cultivates. In the arid region of the United States the chst
acter of titles to water has an especial importance, because ofetba
scarcity of the supply. With very few exceptions, there is morein*m-
gable land along the river than the stream will serve. Hence whoenm
controls the stream practically controls the land on which it is-
because he can dictate what land shall be made productive and ....
land must remain forever arid and almost worthless. .....

The importance of adequate water laws was not appreciate
outset. There were many reasons for this. In the beginning
everyone's attention was given to the overcoming of physic al :
cles. The Mormons at City Creek, in Utah, could not wait-
passage of irrigation laws. They had to divert and use .the:
to keep from starving to death. The settlers at Greeley0, Oolq
first of all to learn how to build and operate ditches. With: the.Q l
t lenient came the grasshopper plague, and. between this. w
contest with breaking ditches, the improvement of fields,U aSt.tft
raising of money to make needed repairs and improvements, ito:
nine years before they began to study seriously how they were *
tect their right to take water. In California millions of dollars

U S Dept. of Agr., Bul. 105, Office of Expt. Slat-ons Irrigation Investigations


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N invested in canals before the controversy arose over riparian
There are other reasons for the delay in providing adequate laws
Sthe protection of irrigators' rights to water. Many of the States
.terested in irrigation lie partly within the arid and partly within
Shumid region. In every case the humid portions were first set-
I and the first inhabitants framed the earlier laws. The impor-
nceo of irrigation was not realized and no provision made for its
futunr development. In many of the arid States mining and the
range-stock industries preceded irrigation, and the men engaged in
these industries, together with the people in the cities, framed the
earlier laws. Even among irrigators themselves it was a long time
ifore the difference between the institutions of arid and humid
"lands was realized. The prevailing idea of everybody in the early
aettleent was that they were to create communities which would be
S0sHpaterparts of those they had left in the East. Although they
sed the importance of water and their dependence on the stream
i irrigated their farms, the early settlers as a rule opposed any
i nation which would restrict or define their rights or which would
imafke rivers public property and provide for their orderly and syste-
Imatic disposal, as is done with public land. It was not until the
increased use and growing scarcity of water began to rob some of the
lower ditches along streams that any headway could be made in over-
coming this opposition and indifference through needed legislation.
iBut as ditches multiplied it began to be seen that when the demand
Sfor water was greater than the supply those at the head of a stream
:could take all the water there was, while those lower down, unless
I protected by law, must see their fields parch and their crops wither
'whenever the stream ran low. It was the fact that the ditches of the
SGreeley colony were on the lower end of the stream which furnished
Their water supply, and that they were robbed by ditches built later,
| but located farther up the stream.
In the early days of Utah there was no need of any legislation,
I because the people were all practically of one faith and their religious
I advisers were also their directors in temporal affairs, which included
among other things the settlement of quarrels over water. But in
teeent years litigation has been a conspicuous feature of irrigation
.,development in Utah, and no State has a greater need of an enlight-
ened code of water laws.

SWithout going into the details of the evolution of water laws in
i the different States, it may be said that each State and Territory of
the arid regions has enacted more or less legislation governing the use
Of water in irrigation, and in each of the States the statute law has
been supplemented, by numerous and important court decisions.
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Whatever control is exercised at the present time is exercised by the
States and Territories and not by the General Government. Tbhe lt -
ter in 1866 passed a law recognizing local laws and customs with relarI
tion to mining and irrigation, and since that time has not interfered
with the enactment or enforcement of whatever system the States and
Territories have seen fit to adopt. The situation thus created is ofJ
the highest significance in determining what the Government ought
to do in the future and its importance ought always to be recognized.


The laws and decisions of the States and Territories have apparently
settled certain issues with respect to the use of streams in irrigation,
while others equally important are as yet involved in doubt and con-
troversy. One of the issues settled is that the first appropriator from
a stream has the first right to its water, and that the rights of subse-
quent appropriators follow in order. Another doctrine almost uni-
versally recognized, in theory if not in practice, is that all rights must
be based on the actual beneficial use of the water. Among the ques-
tions in dispute, the limitations of an appropriation take first rank,
and about this there is wide difference of opinion and of law. In
some States and Territories water is regarded as personal property.
The owner of it can rent it or sell it just as he would a horse or a cow.
His appropriation is not attached to any particular tract of land, nor
to the ditch through which it was nominally first diverted. In some
States water rights are held to be attached to the land, and the volume
of the appropriations is limited to the necessities of the land.
The conflicting views regarding the nature of a water right are
largely due to the different methods employed in constructing ditches.
Where ditches are small and the same individual owns the land on
which the water is used and the ditch which diverts it, the tendency
is to favor the union of land and water. But on many streams cor- .
portions have built large and costly works in advance of settlement
to supply lands they did not own and never expected to own. Under
such conditions the natural tendency has been to favor a doctrine
which would make the owners of the works the appropriators of the
stream and to give them the greatest possible freedom in disposing of
the water supply to users when the lands below the canal were brought
under cultivation.

Another troublesome problem in many of the Western States hai
grown out of the conflict between the rights of appropriators of water
under State laws and the rights of riparian proprietors, as recogni
by State constitutions. In Colorado, Wyoming, Montana, Ida


Ttah, Nevada, and in the Territories of New Mexico and Arizona,
Luiparian rights have been abrogated, but in California,Washington,
'Oregon, the two Dakotas, and Nebraska the constitution recognizes
the common-law doctrine of riparian rights, which requires that
streams must flow undiminished in volume. These States have
since passed laws which permit irrigators to appropriate and divert
. the entire supply until it is an open question which of these two con-
''flicting policies prevails. It will hardly be wise for either the State
or the General Government to extend any considerable aid while
whatever is done by private enterprise will be attended by so much
hazard as to make development comparatively slow and uncertain.
For several years past none of the arid States has had a more rapid
growth than Nebraska. Many large canals have been built, and a
large acreage of land in the western part of the State brought under
cultivation. This was due in part to favoring natural conditions, but
more largely to a very excellent law providing for the systematic
recording of water appropriators' rights and their legal recognition
when the water had been used. All this has been changed by a recent
decision of the supreme court, declaring the common-law doctrine of
riparian rights to be the law in that State. If this is true, then every
diversion of water is illegal. No one knows what is to be the result.
Irrigators are fearful and investors in canals greatly alarmed. There
seems to be reason for this feeling, as the millers of Nebraska, some
fifty in number,-at their meeting last. week, perfected an organization
under which they are to institute lawsuits to enforce the recent deci-
sion of the supreme court, and close up the irrigation canals that are
depleting the streams.
In Kansas the statute law recognizes the doctrine of riparian rights
east of the ninety-seventh meridian, and the doctrine of appropria-
tion west of it. This seems to be a sensible arrangement, although it
sounds rather arbitrary to say that west of an imaginary line all the
water of a river may be used, while a few feet away to the east of it
none may be diverted.

SNext in importance to the nature of a water right is the method by
i1: which it is established. To Colorado is entitled the credit of passing
the first law on this subject. It gives to each claimant of water the
rightt to inaugurate in court a procedure under which all claimants
tthe same supply can be compelled to come into court and have the
relative priorities and amounts adjudicated. After this has been
done the Colorado law provides that the streams shall be under public
control, and the State officer known as a water commissioner shall in
Times of scarcity divide the water among the holders of these adjudi-
I,,pted rights.

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It can scarcely be doubted that there should have been provide
the outset some orderly tribunal which would have managed and
posed of the water of streams, as the General Government has ar
veyed, cared for, and disposed of the public lands. If that had be
done, records of claims and appropriations would have been complete
and accurate, and the danger which now threatens us of excesiOve
and speculative appropriations would have been averted without
injury to anyone, and with less cost in administration than has been.
necessary to carry on the litigation in the courts. The experience of
Wyoming with such a tribunal has fully supported this'conclusion,
In Wyoming the waters of streams are public property. This property
is managed by special tribunal. Every intending user of water must
secure from this tribunal a permit. Where all of the water of a
stream is appropriated, permits are refused, because additional
ditches would not mean the cultivation of more land, while they might
mean controversy with other ditches or the lessening of the rightfl
water supply of prior appropriators. This law has been in force for ten
years. Under it the rights of over 4,000 appropriators have been
established without litigation or controversy, and these rights are
recognized as having nearly the same stability as patents to public

In many of the States and Territories there is no orderly procedure
for the settlement of the rights of all irrigators to a stream at one
time. In these States, whenever the ditches at the head of a stream
rob the ditches below, controversies are sure to arise. If the irrigak
tors below are lawless or impulsive, raids to tear out the dams and
headgates above are likely to result. But among law-abiding water
users the only remedy is an appeal to the courts, which stand as
the sole tribunal between injustice and violence. The objection to
this court litigation is that it is exceedingly costly and apparently
unending. A lawsuit of one ditch owner against another may settle
the issues between those two parties, but it can not be made to apply
to the ditch owners and irrigators not made a party to the suit. It
too often happens, therefore, that litigation, instead of settling oon-
troversies, only serves to create new issues, which, in turn, have tf
be litigated. In one case in California "A" brought suit against "B,"
and was decreed to have the first right to the water of a stream. "BWR
then brought suit against C," and was declared to have a better right
than C." Then C" saw there were superior rights to his, and
made adequate preparation and gathered his witnesses and all
information he could and brought suit against "A," while "A," re
ing upon the fact that there had been a judgment in his favor al
put up a weak defense, and "C" was decreed to have a superior

-" .- .


."A," and "A" was enjoined from interfering with C's" use of the
river, and all parties were back at the beginning again. That is not
isolated instance; on the contrary, it is a typical instance of the
litigation over water.


This is a brief and imperfect outline of the methods by which the
teams used in irrigation have been appropriated and the rights to
heir waters established; but the term "water right" has also another
meaning. Many of the appropriations to large ditches and canals
earry volumes of water sufficient to irrigate anywhere from 100 to
500 farms. The owners of farms along these canals purchase from
the holder of the appropriation what is also called a water right.
he limitations of the water right of the canal owner are fixed by law,
While the limitations of-the water right of the irrigator are fixed by
e terms of his contract with the canal owner. As a rule, the two
water rights have no resemblance to each other. The right of the
al owner gives him a continuous flow of the volume appropriated,
with the right to dispose of it to whomsoever he pleases, and with no
restrictions as to the means of diversion or place of use. The water-
right contract under which irrigators usually obtain their supply only
gives them a right to water during the irrigation season. This right
is not to a continuous flow, but is to vary with the irrigators' necessities.
Instead of the place of diversion and use being unrestricted, both are
.defined in the contract. If the commission desires it, I will submit a
number of blank water-right contracts of the form used by ditch com-
panies in disposing of water for irrigation, as they illustrate the con-
i:::ditions which govern the growing commerce in water.
SQ. (By Mr. PHILLIPS.) Are there different contracts in different
I States?-A. Yes; the Irrigation Investigation of the Department of
I Agriculture has about 500 of these contracts altogether.
Q. All different kinds of contracts?-A. They are all contracts of
different companies, but a majority of them are essentially alike in
their conditions. Out of this collection I will submit to you a half
ozen or more. These contracts fix the conditions of the traffic in
ter, the conditions on which the users receive it, and its value.
ee give the water to the canals, and the canals sell the water
resented by those decrees. Some of the contracts are of a dual
re; they provide a charge for the right to the water itself, and
a charge for the service rendered in the delivery of the water by
company. Some of them are of a character that contemplates the
eVientual transfer of the works and of the appropriation to the pur-
.haaers of these contracts. Now, I will give some details regarding
e prices of water rights. I will submit as samples of water-right

~*j~~~iij~jliiii**i.;iliIi;;ii;.i.~~;; ;;; ..;;;;;i*i;;..;


contracts, three from Colorado, one from California, ::
New Mexico.


Q. (By Mr. LITCHMAN.) We would, like some descriptiga
point in your statement of the manner of constructing thesiti
A. Permit me to submit the map in Bulletin 92, showing the
taking water from the Poudre River, in Colorado. It will b:::e
examining this map that each of these ditches receives water fram.
stream and in this way covers a considerable area of land
the canal and the river or between it and the canalnext below. .
is nade possible by the topography of the country. The m ap
a canal system east of the Rocky Mountains. From the eastes ibti
of this range for nearly 500 miles the country has a slope varying f
25 feet to the mile near the foothills to 4 or 5 feet to the "ie i
nears the Missouri River. Denver has an elevation of Sii:.D
above sea level. Omaha is nearly 4,000 feet lower. The inte
country is so free from hills or broken and irregular slopes th4i A
would be possible to build a canal to reach from one city to these
and to water the intervening country, if there were water enog
supply it. In a general way the country slopes away from the b
of the mountains, and canals can be built to take water fromin
streams as they flow away from the mountains and distribute it
gravity over all of the country suited to irrigation. Bear RinreAii
Utah, for a mile below the head of the Bear River Canal, has a&ll
of 120 feet. The canal in that distance has a fall of 4 feet. BHet
the bed of the canal is 116 feet above the stream at the end of
distance, a sufficient elevation to permit of the watering of the plt
embracing nearly 100,000 acres of land. The river shown in thb
(the Poudre) has a fall of 25 feet to the mile; the canals shown hFwj
each a fall of about 2 feet to the mile, so that for each mile of oa
through which the water passes there is a gain of 20 feet or .or
elevation above the river. In using the water it is turned front
canals and ditches on the lower side and distributed by gravity
the fields below. The methods of distribution vary with dift
crops and in different sections of the country. Where crops arei
tivated water is run down furrows. Furrow irrigation is now'.
method generally employed in the irrigation of orchards. Small
and native and cultivated hay are usually irrigated by flooding, w
means that the water is spread over the entire surface.
The map of the canals taking water from the Poudre shows byt:
different shading the area irrigated by each. The first of thel
ditches to be built has its irrigated area indicated by diagonal a..
the next is on the opposite side of the river. These two a
'The contracts referred to are on file with the Industrial Commisnl
typical contracts are set out in full in the Appendix hereto. Lh

U 5 DEpt nt Agl Bul 105. Ottce ol Elp utatlor.. Ilr.l.a.on In I.u0L d lP TE,

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A Pzz i. A

fO'VONG Or It f EmAiG OF l'A rfR,
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lands under 4'orbh APdre- Cadi
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Lands vneIr iei.'erd' lied L.l /.

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lairds',"t tn.or b iColonr .' 1d
Are A.a./ f'af- C'u.n- w .
--- 4wa- sster Nn e's.

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ly Colony canals, and they were built at the lower end of the
m because there were fewer obstacles there. Later the canals
farther up the stream were built, and as they took more and more
water from the stream they lessened the supply which ran down to the
older ditches below. (See P1. I '.)


"In all of the West except southern California irrigation ditches and
eanals are unlined. The soil over which the water passes is expected
to retain it in its channel; but there are cases where it fails to do this
ud the losses from seepage and percolation are excessive. Where
aals cross strata of coarse gravel, or where there are gypsum depos-
the losses from this cause are very great. In one instance the
urements of the Irrigation Investigation of the Agricultural
department showed a loss in a canal of 75 per cent of its entire sup-
py in a distance of less than a mile. The following, taken from the
rt of these investigations for 1899,' shows the extent and charac-
ter of these losses over a widely distributed area:
In practice the losses in canals from percolation, leakage of flumes. evaporation,
'etc., are an important factor in fixing the average duty of water from a river or
an extensive canal system. To determine this average duty the volume should be
Measured at the headgate, and the acres it irrigates is the duty which canal man-
agers have to consider in determining the area their works will irrigate. This
duty is much lower than that obtained by measurements made on laterals or at
the margins of the fields where used, the influence ot the losses between the head--
gate and the heads of laterals being greater than has usually been supposed.
Where canals cross gravel beds or gypsum deposits the results closely resemble
trying to carry water in a sieve. The following table gives the number of acre-
-feet used in the irrigation of an-acre of land where the measurements were made
at the canal headgates, and include the loss from seepage and evaporation:

Duty of water when losses in main canals are included.

Name of canal. Acre-feet.

Pecoa Canal,New Mexico -------..-...-..---..--..--....----...---------.......----........-----..--.. 6.61
Mesa Canal. Arizona ----------.....----------.......--.....--......--..- ..----.----------. 3.81
Butler Ditch, Utah....-----..------....------------...---------... --.. ...-- ...--.--------.. 6.4
Brown and Sanford Ditch, Utah -- ---......-- -------..................----- .. -- -.....----- 5.32
iUpper Canal, Utah-.............---------------..--- .... --...-- ..... ...........---------------------..6.31
Anmty Canal, Colorado--..----..-----.... .........--......------ ......-.....-------------- 4.92
Rust Lateral, Idaho--..-..-- ------....-....---...............------- .....----------.-------- 5.06
I: Average ------.----.---------.. --...--..-----......----.--.----------... -------.----. 1 5.47

-A comparison of the duties in the above table with those obtained when the
was measured where used will show that more than twice as many acre-feet
iquired where the water was measured at the headgate as where measured at
of use; or, in other words, the losses in the canals from seepage and evap-
Samount to more than one-half the entire supply. This is in accord with
If the measurements made on irrigation canals in India. Among those

-;:'U. S. Dept. Agr., Office of Experiment Stations Bul. 86, pp. 35-39.
7976---No. 105-01 2

H '- I". ...... .. ....


:. :


recorded in Buckley's Irrigation Works in India is one which shows that the
nation of wheat under the Jamda Canal, in Bombay, required 5.6 aare o
water for each acre irrigated where the water was measured at the hedd
canal, but where the water was measured at the place of use it required, hn. *r
experiments, only 2.1 acre-feet and 1.4 acre-feet to irrigate an acre, the loar tIN
caunl being more than 50 per cent. On the Hathmati Canal, in the same cooairy>
the loss from the seepage and evaporation was 50 per cent. These loses in tranl
are much heavier than is the rule on the older canals of India, and are double
more general than they will be in this country when the banks of canals areolie
and when they are operated with greater regard for economy.
The report of Mr. Reed shows that 47.7 per cent of the water turned ia at
the head of the Pecos Canal reached the consumers, while 52.3 per cent w.MloAtw
through seepage and evaporation. The causes of this loss are explained tosie *.
checking of the velocity in the canal by dams in order to throw water oa rea-a

nature of the soil in which the canal is built. The canal has a bank oi coM
only. This has produced stagnant lakes and pools on the upper side wi i
the canal crosses ravines, or where the ground on the upper side is so low tiatie
water overflows it when the canal is tilled. Mr. Reed's report also abows the
variation in rate of seepage due to the character of the soil, three.-fourt i,:
the water entering one section of the canal 1 mile long being lost. To i-
mary of the causes of the great loss of water there may be added the fact that the
water used in this canal is taken from the reservoirs. Its temperature isa.lredy
above that of most mountain streams, which facilitatIs alike its rapid fitratioi
and evaporation.. It is perfectly clear, owing to the fact that all of the sediment.
carried by the river is deposited in the reservoirs. This canal affords an illustra-
tion of a lower duty on a particular farm, measuring the water at its margin,
than the average under the main canal, measuring the water near the headgates
Mr. Reed points out the causes for this, and shows that it does not illustrate the
necessities of irrigation, but the possibilities of waste under encouraging
The water taken into the Mesa Canal during the four years that measurements
have been made has varied from enough to cover land to a depth of 5.9 feet j1ia
1I9o to 3.8 feet in 1899. A measurement was made in 1899 of the water used on a
farm where the land had not before been irrigated, and where more than the aver-
age amount of water was required. Owing to the fact that rotation was practice&
on the lateral leading to this farm, it is impossible to determine the exact qiusa
tity lost in passing through it, but the water delivered at its head for this
would have covered the land to a depth of only 2.8 feet. The difference bet
the average depth under the main canal and the depth of water used on thiia
was just 1 foot, or a difference in quantity of 1 acre-foot per acre irrigated.
Code estimates that this difference would have been much larger if the loes
transit through the lateral had been determined. As it is, this shows a laM
over '25 per cent.
The construction of the Gage Canal is such as to make losses through
practically nothing, owing to the canal being cemented. The loss from evaue.
tion is also small,' because the canal is deep and narrow and has througkhioub
length a uniform cross section, with no pools of still water on the upper sid- ,.
compared to losses varying from 25 to 75 per cent shown in other canals, th-
of only 6 per cent in this canal has great significance. The water turned into
head would have served to cover the land irrigated to a depth of 2.24 feet,
the mean depth for the water delivered to irrigators' laterals was 2.11 feet, a
of only 0.13 of an acre-foot per acre irrigated. Canals can only be cement
eaith. as is done in California. in localities where frosts in winter are not

U. S. Dept of Agr., Bul 105. Office of Expt. Stations Irr-gation Invesitgations.

S... .






aIre other remedial measures which can be employed in other sections which
n io doubt, be largely adopted when the extent of the loss from this source is
generally realized. Dumping clay into the canal and causing it to be dis-
buted by agitating the water has been tried with good results on some Nebraska

"Te report of the careful and interesting investigations of Professor Fortier at
Montana Agricultural Experiment Station shows that in the Middle Creek
al nearly 22 per cent of the total flow was lost in seepage in the first 4 miles,
while the probable loss in the entire canal was 35 per cent. The conclusions of
essor Fortier are in accord with those of other observers as to both the evils
Citing from this loss and the methods by which it may be reduced.
The water taken into Logan and Richmond Canal would cover the entire area
irrigates to a depth of 3.59 feet. The water actually used on the Cronquist farm
would have covered it to a depth of only 2.6 feet, the difference between the aver-
duty under the canal and the measured duty on one farm under it beiny nearly
acre-foot of water for each acre irrigated, or a difference of about 28 per cent.
is believed that this can be fairly taken as the loss resulting from the seepage
d evaporation in carriage.
The water entering the headgate of the Amity Canal in Colorado would have
ved to cover all the land irrigated to a depth of 4.92 feet. The water delivered
from the Biles Lateral would have covered the land under that lateral to a depth
of only 1.82 feet. The difference between the average duty under the canal and
the special duty under one lateral is 63 per cent. This seems to indicate that more
than one-half of the water taken from the river disappears before it reaches the
place of use. An examination of the map of the Amity Canal will show the reason
.for this excessive loss. The canal is a large, long one and much of the time last
season was only partly filled. More than one-half of the time the water flowing
through it was spread out in a broad, thin sheet, which reduced its velocity and
gave abundant opportunity for the continuous sunshine to raise the temperature.
This increase in temperature facilitated both its disappearance in the air and its
filtration through the soil. Mr. Berry's report shows that the season of 1899 was
unusually windy, making evaporation greater than usual.
Enough water was taken into Canal No. 2 at Wheatland, W yo., to have covered
Small the land irrigated to a depth of 2.53 feet, while only enough water was delivered
Through the J lateral of that canal to cover the two fields on which the water used
Sin irrigation was measured to a depth respectively of 0.7 and 1.55 feet, the apparent
|loss in the canal being one-half the water entering it. In this case this high rate of
Loss is what might have been expected. The canal is long. It traverses a steep hill-
side slope for 2 miles, in which distance the loss under the lower bank is excessive.
In many places the bottom is gravel, through which water escapes freely.
In order to more carefully study the variations in these losses, arrangements
ere made early last season by Frank C. Kelsey, city engineer of Salt Lake City,
tah, to measure the seepage loss from the Jordan and Salt Lake Canal from the
ordan'River. This canal is 29 miles long, with a bottom width of 20 feet. It origi-
ally had a grade of 2 feet per mile, but when measured was in bad condition, with a
w of 30 cubic feet per second at the head. The loss in 29 miles was 45 per cent.
The losses from seepage in new canals are excessive. For the past six months
inches of water have been flowing in at the head of a 10-mile lateral built at
ings, Mont., in 1899, but as yet not a drop has reached the lower end. On a
built in Salt River Valley, Wyoming, there was a loss, in 1896, of 10 cubic
Super second in a distance of 100 feet, which continued for several weeks with
apparent prospect of the loss diminishing. This was about one-third of the
'a flow. The canal was then abandoned. The canals which take water from
North Platte River are all subject to excessive losses when first built, because

i .ii ....lii.ii' :: :..ii ......

... ... 1 -- .,::504." : ", ,:: .
.::: :: .... : .:r' .., ... ..I

20 *

of the sandy soil through which they must pass. In high water,, hbou ,,4
river is heavily charged with a white clay, due to the erosion of its ba k..
this is deposited on the sides and bottom of ditches it forms a coating
impervious than cement, and after a few weeks'operation during high b
age losses always show great diminution.
Mr. Code reports that the water of Salt River, Arizona, contains a
material which in time renders its banks almost water-tight, so long asthe
undisturbed. This has not heretofore been possible on the Mesa Canal,
has been undergoing constant repairs and improvements. ......

Q. (By Mr. A. L. HARRIS.) Does that seepage come to the Ik..
below on ground that may be used for crops?-A. Yes. TIeL,
water by seepage is not only a serious problem with canal -owm- i
frequently becomes the cause of grave injury to the farnbiig
below. The water which escapes through the bottom f 1 %ip wi
follows the path of least resistance, and this sometimes t ..
the channel of the river or causes the appearance of springs r~ M:ii l. :
which before were d ry, or it may lead it to reappear in the felds ii,
often converting them into marshes and swamps. Instanes aw ii .
infrequent where thousands of acres of land have for a :timE'.t.ii.
rendered valueless from this cause. The saturation of thei".~i!
and the gradual rise of the water level nearly always attenas4 ii -
tion. The first wells dug in the San Joaquin Valley in Cliia
were 60 to 70 feet deep. Since then the water has risen in many of
these wells to within 4 or 5 feet of the surface.
Where seepage is not excessive it furnishes an inexpensive method
of irrigation; where it is it may cause a double injury. It prevents
the growth of crops because of too much water, and renders the so
unproductive through the accumulation of alkali which it caused
Water passing from canals through the subsoil dissolves the solub
salts which all Western lands contain in greater or less measure,
the subsequent evaporation of this alkali-impregnated water so
creases the percentage of alkali in the lower lands as to prevent:
growth of crops. This evil is not, however, destined to be a pe.
nent one, and, like the excessive moisture, can be rem .le : .
Q. (By Mr. FARQUHAR.) In Colorado and Wyoming is the":
characteristic of your streams seepage or are they on solid gro i
solid bottom?-A. In both of those two States, as a rule, the
not excessive in canals. There are exceptions, of course, bti
eastern Colorado and eastern Wyoming the soil is of a a
hold water pretty well, although in the older districts in
there is a considerable area of land in the low bottoms a
streams that has become supersaturated both with water and,
Tlhis is not altogether due to losses from ditches. Probably the
part comes from putting too much water on the fields. It i4
a drainage from the area irrigated.

U. S. Dept. of Agr.. Bul. 105, Office of Expt. Stations.



Irigalion Invesiigations


The characteristic of the Arkansas from its source north of Lead-
to its reaching the Mississippi has usually been characterized as
lver of seepage. Anywhere along the banks, by digging a few feet
l, you reach a well. Is it not a fact that that river itself, in its
[le course, a good part of it, is really below the surface?-A. All
1the rivers that flow out on the plains sink into the sand of their
SI did not take your question as applying to the rivers, but
their to the ditches.
SQ. The point was this, that many of the foothill streams east of the
mountains-would not the seepage be generally supposed to amount
to a great deal or do much harm; but when you come to a river like
the Arkansas, with a large body of water passing over plains with
very little fall, the water itself is drawn out and distributed a good
deal in the banks and surrounding low ground?-A. That is true of
all the streams flowing from the Rocky Mountains' out on the plains.
It is a characteristic of the Rio Grande, of the Arkansas, the South
Platte, and the North Platte. The North Platte has been measured
100 miles west of the Wyoming border and found to carry 400 cubic
feet per second, while a few miles east of the Nebraska and Wyoming
border it was entirely dry. The entire 400 cubic feet per second had
sunk into the sand.


Q. Have you anything to say about the filling up of these canals
With silt and other substances that are quite expensive in canaling?-
A. The canals taken out of the lower portion of those streams running
South on the plains are more or less troubled by the moving sands in
the bottom of the stream, that tend to fill them up; and all canals that
are taken out of rivers that carry considerable quantities of mud in
,high waters have to be cleaned out every year. The deposits of mud
can be handled as a rule without any excessive expense, but in streams
Like the North and South Platte and the lower part of the Arkansas
the sand question is quite troublesome; and on the lower part of the
Rio Grande the question of mud becomes an important factor. The
.red rise in the Rio Grande occurs when there are torrential rains along
i certain portions of the river where there is a red soil, and enormous
volumes of mud are washed down in the river. Samples of the stream
taken at that time have shown as high as 17 per cent of solid matter.
All the ditches have to be closed during the time of the red rise
because they would immediately fill up.
At Las Cruces, N. Mex., is one of the oldest ditches, if not the old-
est ditch, in the United States. That ditch was formerly a channel
Scut below the surface of the ground. Now it is raised 4 or 5 feet
above the surface of the ground. As the mud which was carried into
:the ditch was cleaned out each year it was thrown on the banks; and

: ... ...
, li.. : iil,. "" :'.. ,.'

..* ...; .... ..


when the banks became so high as to be troublesome they simply let
the mud fill up a foot or so in the bottom. In time the ditch got above
the stream, and they had to move the head farther upstream. In the
period of operation of that canal the head has been moved upstream
3 or 4 miles from the original location. Not only that, but since
the time the irrigation began the level of the soil on which the water
and mud has been spread has been raised from a few inches to 2 feet-
higher, of course, nearer the ditch, and becoming thinner and thinner
as you recede from it. The Rio Grande at El Paso has filled up its
channel from this cause until the river itself is higher than some of
the streets of either El Paso or Juarez.



Q. (By Mr. A. L. HARRIS.) Has there been any conflict between
irrigators on account of priority of rights?-A. In recent years litiga-
tion and controversy over the division of water has been alike a con-
spicuous and injurious feature of our irrigated agriculture. It has
been due to two causes. The first is the lack of any plan for the
establishment of rights to a stream, or public protection of those rights.
When the men along the lower end of a stream see its waters shrink
and their crops burning up for the lack of water they realize that it
is due, not to the absence of the snow in the mountains, but to the
fact that later ditches above them are robbing them of their just share.
Before the farmers will permit the loss of their year's labor from this
cause they will resort to almost any expedient to obtain what they..
believe belongs to them, and so they organize raids to tear out the:
dams above, or go into court to obtain legal redress. The remedy forJ
this is to have water divided under public control. In the four States'
where this has been done irrigators are far more contented and contro-
versies far less numerous and injurious than where no such control:
has been exercised.


The second reason for controversies has grown out of the mistakes
made in the adjudication of rights to streams. In the study of the
water-right problems of California recently completed there
claims for 28,630,932 inches from a stream which can not be reli
upon to furnish 10,000 inches. On another stream which carries i
the irrigation season less than 200 cubic feet of water per second the..
were claims amounting in the aggregate to 147,600 cubic feet per s
ond. On another river whose greatest measured flow is less th
60,000 cubic feet per second there are claims amounting in the ag


to 461,794 cubic feet per second, in addition to six separate claims
the entire supply.
SThe situation in California is the situation in nearly every other
id State or Territory. Before the value of water was appreciated
les to its use or control in amounts far beyond the present or any
ible future need of appropriators were repeatedly established,
Ithe question whether these excess rights are now to be corrected or
be recognized as vested rights is one of the grave issues confronting
irrigators, lawmakers, and courts in every Western State.
SIn 1884 and 1885, while acting as assistant State engineer of Colorado,
j! measured the ditches of northern Colorado on the streams which had
been previously adjudicated. My report of these measurements called
attention to the discrepancy between the decreed appropriations and
the actual carrying capacity of these ditches and canals in the follow-
ing terms:
So great was this in some instances that the result of the gagings and the
decreed capacity seemed to have no connection with each other. Ditches were met
with having decreed capacities of two, three. and even five times the volume they
were capable of carrying, ever have carried, or will probably ever need. Other
ditches in the same district have decrees which fairly represent their actual needs.
SIt needs no argument to show the worse than uselessness of these decrees as a
guide to the water commissioner in the performance of his duties.

When these decrees were rendered the majority of appropriators
believed that rights for irrigation were limited to the lands already
irrigated, and that so long as used there the actual volume stated in
the decree cut very little figure. Hence there was little solicitude on
the part of late appropriators as to any danger arising out of excessive
grants. Under the terms of these decrees each appropriator is enti-
tled to a definite volume of water, described in cubic feet per second,
and to a continuous flow of this volume throughout the year.
Recent decisions have recognized the right of the holders of these
decreed appropriations to sell the entire volume granted. As a result,
the-owners of earlier priorities are enlarging their ditches and extend-
ing them to other lands, or, where this is not possible, are attempting
to dispose of the surplus to other users. Every attempt to do this,
however, is contested. The truth is that irrigators have, in practice,
been building up a system of one theory of water rights, while the
courts have rendered a number of decisions based on another theory.
We have now reached a point where one of the two must give way.
If the doctrine laid down in these decisions is carried to its logical
conclusion, it will transfer the ownership of a majority of the streams
of northern Colorado to a few early appropriators and compel a large
,proportion of the actual users of water to purchase from such appro-
priators the water they have heretofore had for nothing. That this
I.n not an extreme statement is shown by the accompanying diagram


(fig. 1), which exhibits the relation between the mean mou
charge and the decreed appropriations of the Pondre BRiwve
The last examination of the records showed there til
priators from this river, the aggregate of these rights
cubic feet per second, each right being for a continuous' 't.
the volume decreed; yet in August of 1894 the stream eante4
cubic feet per second; in August, 1893, 141 cubic feet per :.

Mon_. \_Arf May. \ .ua. 1 '.\s

Arean monPy







Voue oe TJ
Ameess 4354 36V1 919 3S8 4394 478 4*
ao ______ ____ ....R
Nmerfio -A91 3 O70 91 s
ots/ o 4ume 4PPro40se- Mawy Al.a:RW, ........iv
Total number o pAppropriaers ; l
FIG. 1.--Relation between the mean monthly discharge of the Poudre River and th~;e "
tions therefrom.
the stream has frequently fallen during the irrigation seasQon to
100 cubic feet per second. If the holders of these rights had
to their opportunities during the last half of their irrigation;
fully one-half of the actual users of water would have had to
the holders of these excess rights every gallon of water used .>
middle of August. That they have not been compelled to
due to the fact that irrigation practice in that State is pe
irrigation law.

.; ...... ;; .:.;

U. S. Dept. of Agr., Bul. 105, Office of EKpt Siation




I 1


Irrigation Investigations.

__ w


'The appreciation of the dangers which this situation creates is not
fined to farmers alone. In a different brief from the one before
erred to it is thus forcibly stated by Judge Elliott:
I'Zcess priority decrees are a crying evil in this State. From every quarter the
and for their correction is strong and loud. Such crying demand can not be
ced by declaring that the meaning and effect of such decrees can never be
quired into, construed, or corrected after four years.
In many cases such decrees are so uncertain, so ambiguous, so inequitable, so
just, and their continuance is such a hardship that litigated cases will be con-
nually pressed upon the attention of the courts until such controversies are heard
nd settled, and settled right. Litigation in a free country can never end while
wrongs are unrighted.
The settlement of this issue is not of local importance. It concerns
the State and nation as much as the individual irrigator. The indi-
vidual irrigator needs to know who owns the water he uses, if State
or national aid is to be extended. It needs to be known who owns the
water which public funds render available.


Before either public or private development proceeds much further
There is need of some more general agreement regarding the nature of
Sa.water right than now prevails, as well as some more effective means
Sof disposing of streams than has yet been provided. For several
years Canada has been dealing with this problem, and has finally
reached a definite result. The fact that their conditions are similar
to ours makes the general principles which underlie the Canadian irri-
gation code worthy of our study. These principles are given below :
(1) That the water in all streams, lakes, ponds, springs, or other sources is the
property of the Crown.
(2) That this water may be obtained by companies or individuals for certain
described uses upon compliance with the provisions of the law.
(3) That the uses for which water may be so acquired are domestic," "irriga-
tion," and "other" purposes, domestic purposes being limited to household and
sanitary purposes, the watering of stock, and operations of railways and factories
by steam, but not the sale or barter of water for such purposes.
(4) That the company or individual acquiring water for irrigation or other pur-
poses shall be given a clear and indisputable title to such water.
(5) That holders of water rights shall have the protection and assistance of per-
manent Government officials in the exercise of such rights.
(6) That disputes or complaints regarding the diversion or use of water shall
be referred to and settled by the officials of the Government department charged
with the administration of the act, and that decisions so given shall be final and
without appeal
It is interesting to compare these principles of the Canadian law
with those underlying the Wyoming irrigation code, Wyoming having

U. S. Dept. Agr., Office of Experiment Stations Bul. 58, pp. 30-32.
2 U. S. Dept. Agr., Office of Experiment Stations Bul. 96, p. 12.


gone farther than any of the other arid Commonwealths in the direction
of public control of streams. These follow: .,,
First. That water is not subject to private ownership, but is the property ofi I
Second. That the board of control is the trustee for the administering of a great
public trust in the interests of the people of the State.
Third. That all rights to divert water from the streams must be based on benmF.
cial use, and that the right terminates when the use ceases.
Fourth. That the volume diverted shall in all cases be limited to the least
amount actually necessary for the accomplishment of the purposes of the diversion.
Fifth. That under no circumstances shall the water diverted for irrigation
exceed 1 cubic foot per second for each 70 acres of land actually irrigated.
Sixth. That the right to the use of the public waters attaches only to the use for
which the right was originally obtained.
Seventh. That the right of diversion for irrigation attaches to the land reclaimed
and none other; that the transfer of the land carries with it the right, and that
apart from the land the right can not be transferred.
Eighth. That when a ditch waters land not the property of the ditch owner the
right attaches to the land on which the water is used and not to the ditch. The
owner of the lands irrigated makes the proof of appropriation and the certificate
is issued to him. No certificate of appropriation can be issued to a ditch owner
for the watering of lands not his own. The ditch owner is a common carrier and
is subject to regulation as such.
Ninth. That when proper diligence has been exercised in the construction of
works and in applying the water to the purpose for which it is diverted the pri-
ority is fixed by the date of beginning the survey. When diligence is lacking, the
priority dates from the time of use.


Q. (By Mr. FARQUHAR.) Does the State control the reservoirs?-_"
A. Except for two or three reservoirs in Colorado, all the reservoirs
there are in the West are private property, and their owners exer-
cise the same control over them that they do over ditches. Irrigation
from reservoirs has not yet, however, assumed much importance asjm
compared to irrigation from canals which take water directly from tlhe
streams. So long as there is water running in a river which can bho
diverted there is no need of.reservoirs, since storage is only an added:
expense to the direct diversion from streams. On every river, there.
fore, reservoirs receive little attention until the natural flow has been
utilized; that is, on rivers having a perennial flow. On the Poudr
River in Colorado, however, the natural flow has been exhausted- aud
an extensive system of private reservoirs has been built to supply
ment it.
Q. (By Mr. KENNEDY.) How far is Greeley from the head of th
stream that feeds their canal?-A. About 125 miles from the h
about 40 miles below the head of the upper ditch.

SU. S. Dept. Agr., Office of Experiment Stations Bul. 96. pp. 49 and 50.


Q. Are there lands adjacent to that river all the way to the head, as
well as the Greeley Colony lands?-A. Only to where the stream
Leaves the.mountains, about 40 miles above.
Q. Plenty of water for all?-A. No; there is plenty of water early
in the season, but they have had to resort to storage to secure enough
for the later part of the season.
Q, (By Mr. A. L. HARRIS.) Is there a possibility for storage so as to
economize the water at dry seasons?-A. Yes.

Q. What is the effect, if any, of storage on prior rights?-A. That
is a troublesome question to answer.
We will take up the question of storage in connection with this
matter. Bulletin 92 deals with the subject of storage on the Poudre
River. It is the stream where storage has been carried further, prob-
ably, than any other in the whole Rocky Mountain drainage area.
The diagram of the run-off of that river in the different months of the
irrigation period for a large number of years shows that distribution
of water during the season is far from uniform. The highest water
occurs in May, and from the middle of May to the middle of June
nearly half of the entire year's discharge runs away. The needs of
irrigators in this valley are not in accord with this variation in dis-
charge. They are now growing crops which require more water inJuly,
August, and September than the stream will supply, and this has
made it necessary for them to build reservoirs to hold back the sur-
plus flow of, the early summer months until it is needed. They have
done this by utilizing natural depressions which lie outside of the
channel of the stream, which are filled by the higher canals and turned
into the lower ones. The development of this reservoir system has
given rise to a very interesting system of exchanges between the
canals, described in this bulletin, and hence need not be referred to
here. Where reservoirs are located outside of the channel of streams
there is no question of public policy involved in their construction
and operation as private works, and as irrigation extends there will
be more and more private capital invested in such reservoirs, because
these investments are proving exceedingly profitable. But where
reservoirs are located in the channel of running streams, and espe-
cially in the mountains on the headwaters of these streams, there is a
question of public policy as to whether or not they should be built as
public works, even if private capital is willing to undertake their con-
struction. The water from reservoirs so located has to be turned intc
the natural channel of the stream and carried down with the natural
flow to the valleys where it is to be used. If there is no public con-
trol of streams, irrigators will not discriminate between the natural
flow and the stored supply. They will raise their headgates and take
::whatever comes in. Unless there is some means for the public regu-


lation of headgates, those having no right to the stored j'Il
oftentimes have a better opportunity for securing it than it irg.
mate owners. If public regulation is attempted, cerltait
ing questions are sure to arise. If there are no restried
price that the owner of the reservoir charges for his ..
injured by public control will be certain to urge that the.i::
money is being expended for the benefit of an oppressineji
If the law which protects the reservoir owner also
charge which he may make for water, there will still tli,:
sies as to whether the rate is reasonable. If, however, t
voirs at the heads of streams are built and operated as i.U..&.. i
and the water they impound used to make more s
ply of the appropriators of the natural flow, just as
built to facilitate the safe and comfortable travel ofpedWpl
ent communities, all these troublesome questions will :
There can be no question, however, that the construction of
on the heads of streams makes necessary one of two thi
public ownership of the supply or public protection "i tihe:
of water stored in private reservoirs. Last year I had an:i
experience in observing the emptying of a reservoir built as:pra(t
enterprise on one of the tributaries of the Weaver River ti'tah.
The owners of this reservoir irrigate their lands from a ditch which
diverts the stream many miles below. Between the outlet of their
reservoir and the headgate of their canal were eleven other ditches,
all willing to share in the stored supply. There is no public control
of streams in Utah, and the manager of the reservoir was.greatlydis
turbed to know how he was to get the stored water past the headgates
on the eleven ditches and down to the head of his ow canal~ la:
reply to his inquiry as to how I would accomplish it, I asked him blo
he had gone about it the year before. At first he was relctat to'
tell, but finally said that he turned down enough water to wasb: outi'
all the intervening dams, thus leaving a clear passageway. B- ete
the dams could be repaired the reservoir had been emptied. He real
ized that this year the same expedient could not be employed. P:eE .iPl
tunately, a temporary compromise was effected, which answeInat
the season, but the same issue must be met next year, and I
be no enduring peace or stability until the whole matter is
by law..
There is no question but that the subject of reservoirs willit
next few years assume a much greater importance than it .i..
past, because on many streams it is the only means by which t'
now irrigated can be extended. We can not determine .-t
therefore, whether we are to continue to permit their constr e it*.
private works or to build those on the head of streams as pub~le .
I believe reservoirs located away from the channels of streams canl
safely left to private enterprise. I believe those built to supple

U S. Dept. of Agr., Bul. 105 Office of Expt. Stations Irigation Invesigations. PLATE VIII.




he natural flow of streams and to meet the needs of a number of
ditches or canals should be public works. Whether they should be
State or national works depends on whether or not the present policy of
having all rights to water regulated by State laws is to be continued.
If it is, these reservoirs should be State works and owned and operated
as a part of the State system.
Q. Should that matter be determined at an early date?-A. It
ought to be, in order that both State and national laws shall be in
accord with the policy adopted. Any uncertainty regarding future
legislation is also likely to interfere with the building of ditches and the
reclamation of new land by individuals or corporations. The success
of irrigation depends so largely on the wisdom or weakness of the
water laws in force that if any changes are to be made the sooner
they are made the better.

Q. Is there any reason why the State could not take hold of the
whole subject of irrigation within the State and thereby protect the
private landowners?-A. There is not. On the contrary, the fact that
the subject is of paramount importance in each one of the arid States,
that the people who have made the beginning understand local con-
ditions and necessities, makes it possible for the States to bring to
the solution of the problems of irrigation a higher intelligence and
more direct interest than can be secured in any other way. That
they have not succeeded in the past has been due in part to a lack of
appreciation of the necessity for legislation and to a disagreement
regarding the principles which should govern the ownership of water.
The States are entirely capable, in my judgment, of regulating and
protecting all interests connected with this subject; but they are not
capable, under present conditions, of securing the full utilization of
their resources. As I have before stated, on some of the larger rivers
it will cost more to irrigate land than private capital can afford to
expend. The building of reservoirs as public works to provide for
the larger utilization of rivers does not appeal to private investors.
In both cases, however, there is an argument in favor of the expendi-
ture of public funds which does not appeal to the private investor.
The public reaps benefits from the construction of irrigation works
which private capital can not share. It gives to land now worthless
a high value, and largely increases the taxable resources of the States
Sand the productive wealth of the whole country. If the arid States
were in a position to build canals and reservoirs, there are many
instances where it would be wise public policy for them to do so;
but, unfortunately, they lack the resources to undertake this. They
are young and sparsely populated, the expenses of maintaining local
government are heavy, and all of this has to be paid for by taxes
levied on only a small fraction of the land within the borders of each

It:E~i!..;i: :::: ,, .

""EE" iii iE,"EiiiEiE'~kII:" ",,,. : "lE'" ~

30 -

of these States. The table which follows shows how large a percent
age of the area of each of these States is still public land. It co:
tributes nothing in the way of taxes to the local government and ea-
not be used as a basis of credit to borrow money for its improvement

Total area of each of the arid and semiarid States, the area of public land n mw:
ing undisposed of, and the area set apart for Indian reservation.

State or Territory.

Arizona ...................................
California ...-................-.........---- ..........
Colorado. -----..--.....-----....--.........-------....--
Idaho -.-----............-- ........--....-----......-
Montana........... ..... .................... .......
Nebraska..................---- .-- .-------.. ----------
Nevada ....-.. ......--- ...---.--- ....-- ..---- .-------
New Mexico...--....................................
North Dakota .....--.................-.........-....
South Dakota ---------------- ----------------
Utah ---... ...-.... ... ...--....-..........--- .. ..--....
Washington ----.........-...............-............
Wyoming..----..................---- ...................

Total area.

I .1

53, 649, 9O
70, 83,560
61,976, 30

of and

39, 650, 17


959,213,440 588,9588680

Indian esd).
(estha tea).



It has been suggested, and a number of bills have been introduced
in Congress embodying the idea, that the States be given the proceeds
of the sales of public lands within their borders as a fund with which.
to construct important public irrigation works. The following table
shows how much the States would have realized from this during the
year 1900:

Receipts from the sale of public land in the arid States and Territories for 190*i:
less cost of local land offices.

State or Territory. Amount. State or Territory. Amount.

Arizona......--- -.............. ...-.... $3. 000 North Dakota.--..--------.. -------... OS
California-------------............-... 120,000) Oregon -.------------------.. -- .8 :: ,0
Colorado.---..---.. --..-....--...-- ... 12,000 South Dakota.---.....------- ------50,0
Idaho -................................. 126,1100 Utah .-.....--- ..-- -..----------------.....
Montana ..-.....---..--..--.......... 377,000 Washington.-----..--.---.-------. 188.0
Nebraska ............................. 72,000 Wyoming-- .....-.......... ...-----. 16,-00
Nevada.--.--...--....----.---------------- 7,000
New Mexico.......................... 38,000 Total------ -.....-...--- ..--- 2.107,0


These revenues represent sales of land. They can be largeljl
increased if some system is devised for collecting a revenue, by rent|
als or otherwise, from the public grazing lands. It must be borne il
mind that only a small fraction, probably not more than 10 per cen
of all the lands of the arid region can be irrigated, while of the
land still remaining public the irrigable percentage is much small
certainly not over 5 per cent and probably not over 2 per cent.
reason for this is that lands easily irrigated have passed into pri


hands. The public lands along many rivers require more water than
the streams contain. Of the remainder of the public lands more
than 400,000,000 acres are grazing lands, valuable for pasturage pur-
poses alone. Sooner or later it will be necessary for the Govternment
to exercise some sort of management or control over these lands in
order to prevent neighborhood controversies and preserve the native
grasses from being destroyed from overstocking the range. If in con-
nectipn with this a leasing system could be devised which would unite
the grazing and irrigable lands in such a wa} that each irrigator could
have a right to lease a small area of the contiguous pasture land, a
large income from rentals would be secured and both the irrigable and
grazing interests put on a more secure footing than now. In order to
show the possibilities of these rentals the following table has been
prepared to show the income Jome of the arid States receive from the
small areas they lease:

Summary showing results of leasing State and Territorial la nds in some of the arid
States and Territories.

'Total area Acreage
of State or under lease Total 'Average
State or Territory. Terrnorial at csof rentsre-, rena
lands on- last fiscal ceived. per acre.
disposed year or ceived per acre.
of. biennium.
I Acres. Acres.
Colorado ...................... .I 3,689,938 1,251,770 $103,121 80.082
Idaho-.-.... -............................. ....--.--- ---- .... 32,271.98 23, 0~ .614
Montana...........------ --------.. ---...... --.. .... ------ .. ...... 995,912 12,47 .112
Nebraska ---.......- ---- ---------.--------..--......- 2,483,372 1,879,143 (a ..........
Utah.---------------... ------------.. ------- --.................. ... 16.531 6,0 .059
Wyoming--.--- ..--.-------------................--------............ 1.99, 945 80.841 .041

aTotal receipts for biennium ending November 30, 1900, for, bonus. etc., were
| 782,975.65.

A few of the States have received aid in the way of land grants.
Colorado was given 500,000 acres of land to provide a fund for making
public improvements. Some of this money has been spent on irriga-
tion works.
Q. What is the name of that grant?-A. Public-improvement fund.
Reservoirs and ditches are not the only public improvements for which
this fund could be expended. Roads and bridges belong to the list,
and the greater part of the fund has been expended in their construc-
tion. Utah was given 500,000 acres of land to provide a reservoir
fund, but that was a recent donation, and I do not think that any of
the lands have been sold. There are other means, however, for pro-
moting the growth of irrigation besides the appropriation of money.
The present land laws were framed for the humid region. They do
not meet the requirements of the arid region. The benefits which can
e from their modification have been illustrated in the passage of
Sis popularly known as the Carey Act, which gave to each State


the power to control 1,000,000 acres of land during its .
It has resulted in the irrigation in Wyoming of about 100,000 ...
land which would never have been reclaimed under the p ....
act. The projects inaugurated under the Carey Act in Idaho.
in the aggregate about 400,000 acres. In both of these
conditions of irrigators are rendered superior to the average
where land is reclaimed under the homestead or desert-land ae!i,3
acquire land under this act in either of these States there a
actual settlement and cultivation. No one can acquire more
acres, but attached to that 160 acres is a water right aund*
the canal which supplies the water under it.

Q. I believe you have not said anything yet in regard to
irrigation and its value, have you? I do not want to
A. No. The first ditches built always,are the cheapest.i
along streams and find a place where they can take out lii:ttle B:
in the favorable bends, and such ditches cost but litite s -i,*z
later laterals from main canals...
Q. (By Mr. LITCHMAN.) Have you gone over the manner of making
the ditch?-A. Yes. So that from a great many of the earlier ditches
water was taken out and spread over the lands for anywhere from $2
to $5 an acre. A great deal of land was irrigated and ditches were
built for prices not to exceed that. When you come to building large
ditches you have the expense for the lateral and also the expense for
the main canal, and there the expense runs all the way from $5 to 1:
an acre. We have about reached the point where the cost islabn~JL
that, because we are now dealing with the large rivers that. n"qik
costly headgates and where the fall is less than where the fi iei*
ditches were built. While the streams that were first used hi d
to the mile ranging from 5 to 50 feet, we now have to deal. w1i4
streams as the Missouri, which has a fall of from 2 to 10 N
mile, and the Big Horn, with a fall during a large part of
of about 4 feet to the mile. There you have to build a min
canal to get onto the table-land bordering the river, or y
build a costly dam in the river to raise the water up at B
and the larger projects which remain to be built will requhl "
larger outlay. The estimates on a good many of these eao.i aji
anywhere from $7 to $20 an acre for water, and that is a i.
than can be paid, because there has to be added to the m:'e
water the cost of the settler's equipment, including the expeKSt
house, his tools, his stock, and of putting his land into condit
cultivation. The surface of the land has to be smoothed off 'i.
the water can be made to.flow over it, and in many cases where...
is sagebrush on the land it has to be removed; so that the expe
putting the land in condition for distribution of water is freq

U. S. Dept. of Agr., Bul. 105, Office of Expt. Stations. Irrigation Investigations

'S tt'u. rut it~fil;;





est as much as the land is- worth. And in Inmany places where
is an abundance of land it is not being developed, because it
"d cost as much to develop it as it would to l)uy an improved farm
ie older States in the Mississippi Valley. There is no inducement
"tImigration under such conditions.
ow, the value of irrigated land is governed by neaneness to local
Iets, by the climate, which governs the kinds of products grown,
by the distance and cost of railway transportation to the great
ets of the world. In southern California and around Phoenix,
where you can raise citrus fruits and other high-priced products,
ated land reaches a value as great as is found anywhere in this
Tntry, or perhaps in the world. There lands having no improve-
nts except the orange orchards planted on them have sold as high
:$1,800 an acre, perhaps higher. I have seen lands that sold for
at price in southern California, and water has a corresponding value.
Fater rentals reach to figures that would be impossible elsewhere in
Le irrigated sections. I know of instances where water rents for $45
a inch a year, and where rights to it reach as high as *1,000 an inch.
ow, when-you come to the northern part of the arid region, the por-
on that competes with the agricultural districts east of the Rocky
mountains, there you get into districts having cheaper water supplies
ad cheaper lands.

Throughout its greater part the arid region will always be largely
Voted to the raising of live stock and to gardens to supply the
Iines and the manufacturing and commercial centers of the region.
iter you have satisfied your local market the only demand for your
loduee is for furnishing the winter's food supply for live stock, and
ide from these two outlets there is no basis for any large develop-
hat. The live-stock industry is largely based on the use as a grazing
und of the remaining public lands, and the private lands that
he passed out of the hands of the Government or the railroads.
brmerly it was the practice to turn cattle and sheep loose on these
razing lands and let them go from youth to old age without ever
ing any care or shelter during either winter or summer. They
their subsistence off the open range. But that is now giving
E. to the practice of feeding in winter. This is not voluntary; it
been forced. The overpasturing of the public and private grazing
s has made it impossible to depend on them for the winter's food
ly, and you have to provide for it from other sources. Therefore,
have to depend on the irrigated lands. Those lands, to be avail-
have to be distributed throughout the range country, because
Sthestorms come in the winter you can not supply stock 50 or
iles from a railroad, even if you had an unlimited supply of
Not the railroad. It is impossible to transport it. You must

7976--No. 105-o1 3

.. .....
"i~i,. :,:,,'i',''. :...::.. .... ........:.' :.
4* -I qi si t ;ip -.:i.,i: ::: :!' .- .

store it where it is needed, and the needs of the. li .i
have been one of the great incentives to irrigation.
of the best markets for grown erops, principally
alfalfa. Those are the two leading generarl'poduoti
Q. (By Mr. A. L. HARRms.) Would it be pouibl S
and corn at a profit with the high price for water-
not think corn can ever become a general crop ander
is grown in restricted areas as a part of the systemni4
there is a considerable portion of the arid land where'
too cold for it. In fact, it is a characteristic of the a4
the nights are too cold to make it a corn-growing.
alfalfa is a better stock food, and you could not
profit if you had to ship it out. The same thing iI
Unless there shall be a market which can be rachod I
without excessive railroad charges, there will never 1
development of the wheat-growing industry in the or di
You can not grow it and ship it out. The great bulk t~
grown now is consumed at home, and in a good ...............
States enough is not raised to supply the home deo.AM .
enough. Montana, Wyoming, and Idaho are "61
They are also considerable importers of oats. Theyhave]|iu:i&
the point where they supply the home demand, and it is truto4psi
all those States that the development of mining the preeolanD ll
ful metals and the resulting growth of the home demand "hiii
food supply is now going on faster than the extension iat
Furthermore, when we have done all we can there will .u.Li!!
cent of the territory west of the one hundredth meridlan s ki.Ast
the rainy districts on the Pacific coast that can ever be..
cultivation. Either there is not the water or it is not avsi:6 1i!
can never make use of but a small fraction of the CctW .io
certain we can never utilize all of the Colorado, and it i"lb
we can ever completely use the Missouri.
Q. (By Mr. LrrTCHMAN.) Have you gone into the questiou:i4 ..!.
wells?-A. Yes; I know something about artesian wells. ::::
Q. Would it be true if the land were irrigated, as you .p.nipMKei
a given quantity of stock could be raised on a less area "of l .?:-:.
Oh, yes; I think so. .....
Q. And would not the limited amount of land as s:uggeust 4
be compensated by that fact?-A. Oh, yes; .only you wosail d..
great many more people. As it is now a great many me in
in the stock business will occupy 50,000 or 100,000 acres of la
flocks and herds. This plan I have suggested would make:
flocks and herds and larger farms. : .
Q. (By Mr. A. L. HARRIS.) Would the lease system be bett
the absolute title?-A. The only objection to the disposal of the


..... ...... .. ..... .iiiiiii.

...... ......- -


land by absolute title would be that there may be some of the land
fso disposed of for grazing purposes which is irrigable. I should say
That the better plan for the present as a tentative measure would be
Sthe lease system; perhaps not ultimately, but simply as an alternative
or a temporary measure.
Q. How long would you have the lease?-A. Not for more than five
years, and I would have every tract of land leased remain subject to
entry under the public-land laws and have the man who leased it take
it with that condition. I would not restrict the operation of acquiring
title under the present land laws at all, but would leave those open
even on leased lands. It is my judgment that men would lease land
and take those conditions; that is, men who leased land would know
whether or not a homestead or a desert-land filing can be made on it,
and if they select land that is irrigable and subject to cultivation they
take their chances.
Q. (By Mr. FARQUHAR.) These remarks that you make are predi-
cated on the fact that you do not interfere with land already disposed
of under the.public-land laws?-A. Entirely.
Q. You can not dispose of them or subdivide them?-A. No. You
see there are between 300,000,000 and 400,000,000 acres of public graz-
ing lands. My plan relates entirely to that land.
Q. (By Mr. A. L. HARRIS.) The earlier, then, some steps are taken
in the direction of a general plan the better?-A. I think so.
Q. There has been a survey of a portion of this arid country by the
Federal Government, has there not?-A. Nearly all the country is now
subdivided by the general surveys. I think that a leasing system
could be inaugurated, so far as that is concerned, without any addi-
tional survey. If you leave the lands subject to entry just as they
are now there is no need of discriminating as to whether the lands
are agricultural or pasture; they-are open to entry just the same after
they are leased as before they are leased. If you are going to make
the lease absolute, so that when a man leased land for five years you
could not file on it, then you would want to have an economic survey,
and know absolutely what were irrigable and what were pasture lands;
but if you do not make it absolute, and you make it simply conditional
and leave it to the man who leases, then if he does not want to be
interfered with, to go outside of the irrigable territory himself, then
it.would not make any difference.


Q. What has been the objection heretofore to the Federal Govern-
ment adopting some plan of irrigation?-A. I do no.t think there has
been any objection, except that in the East there has been a feeling
that any large development of agricultural lands there would inter-
ifere with the prosperity of farmers in the East; that has been one
objection outside of the irrigated territory. And there has been a

.. ......... .. ..

question as to whether or not this was a matter which th e.
Government could take in hand without transcending them
the Constitution. That relates more, however, to 6app
money for work. There can be considerable legislation witht'
appropriation of money that will very materially promote
development and which can properly precede appropriations of m
or the determination of how money is to be appropriated. li
West there has been, and will be until this matter is settled, .
erable discussion about the best means of extending Goveme~
growing'out of the sensitiveness of people who have rights to anyB: i
turbance of those rights. Communities have built up their st
under local laws and customs and have become.wedded to then an
they do not want them interfered with. On the other hand, there tfhl
in the West another element in favor of turning this whole mattwl:
over to the National Government and having the National GorQ~~w
ment have a complete system of laws and administration; but to do:3
that will necessitate a revolution of existing systems. "
Q. (By Mr. FARQUHAR.) It seems to be a question, does it not, :of
artificial development through irrigation under the expenditure eo:
the National Government and the natural development of the settle*
ment of the country through the present land laws of the cout~pry ?
A. No, not that.
Q. Well, how is it?-A. It is a question between stimulated devel-
opment under national aid or natural development, not under present
land laws, but under laws framed to meet the conditions of the Westt:
ern region.
Q. Whether under State control or national control as far as the
land is concerned?-A. Yes. .:
Now, there is going to come a time, and that time is here now, wOhen
th re will have to be an expenditure of public funds in order to seouei|
certain kinds of development. There are rivers, like the Missourii
from which I do not believe it will ever pay within our lifetime to ;4
take the water, because it will cost so much that the land will not payi
for it. Irrigated land and the value of irrigation improvements is
measured by the value of lands in the Mississippi Valley or 1
value of irrigated lands under cheaper works, and you can go eonly
just so far with private enterprise. Now, there are projects ti a
would pay as public works, perhaps, because in bringing land tai
is now worthless into a condition of productivity you create homale.
you create taxable values that the public gets the benefit from, b
that the private investor does not share in, and there is theargune
in favor of State or national aid to certain classes of important wor
(Recess taken until the following day.)
Q. (By Mr. A. L. HARRIS.) Letime ask this question: If a
is interstate is there danger of conflict of authority betweea
States as to the rights of water ?-A. Yes; such conflicts have

-si .!i...- -.


arisen and they are likely to arise in the future, although the impor-
tance of this question is not nearly so great as securing a proper
Division of water between users inside of a State. The lack of any
law to determine how the waters of an interstate stream shall be
divided is only one instance of a nullllber o(f the uncertainties which
Snow exist regarding the limits of State and Federal jurisdiction over
the control of rivers. There are in addition Ihe conflicting rights of
irrigation and navigation, which in California apply to rivers wholly
within the State's borders. Here the Government looks after the
rights of navigation and the State after the interests of the irrigator.
The relative rights of navigation and irrigation have been raised in
litigation over the waters of the Rio Grande, and the decision of the
United States Supreme Court indicated so strong a tendency toward
maintaining the interests of navigation as to give rise to considerable
apprehension in many parts of the West. The conditions along the
Missouri serve to show why this is true. This river drains a large
part of the country east of the Rocky Mountains, and, with its trib-
utaries, is the main dependence of Montana, the Dakotas, Wyoming,
Colorado, Nebraska, and Kansas for the water used in irrigation. If
it should become necessary to close the headgates to prevent steam-
boats from running aground it would put an end to all hope of any
considerable increase in the acreage now cultivated. I believe, how-
ever, that this is a theoretical rather than a practical question, since,
owing to the fact that the tendency of irrigation is to equalize the
discharge of streams, reducing the floods and raising the low-water
discharge, its extension on the headwaters of the Missouri will be a
help to steamboats instead of an injury. It has been found that
ditches along the lower end of a stream which formerly were unable
to secure any water in July now have an ample supply the season
through, because of the increased flow from seepage and percolating


Q. (By Mr. A. L. HARRIS.) Last evening when we took a recess
you were about to take up the consideration of the Bear River coun-
try.-A. If the members of the commission will take Bulletin No. 70
and the map at the front (see P1. XI), it will serve to illustrate the
nature of some of the interstate complications. Bear River rises
in Utah; the stream flows across the northern boundary of Utah into
Wyoming. There is a section of it about 50 miles long in Wyoming,
and then it crosses back on the western border of that State into
Utah again. There is a section of 25 or 30 miles in Utah, and it
crosses back into Wyoming, and then it leaves Wyoming and enters
Idaho, and finally returns to the State of its source, Utah. This
Winding cuts. that stream into five different sections, and there are
ditches taken out of the stream along its entire course, and yet each

. ". ...:...

.. .... .. .. ..

one of those sections is absolutely independent of the othe r.
the two sections in the State of Wyoming. The .peoplehave
plied with all the requirements of the State law. They have
their rights; they have permits to appropriate water, and thie
trine of priority is the theory of the State; .but it is impossibl
enforce that doctrine of priority, because some of the last ditches i
be built have their headgates just over the border in Utah and t]i
Wyoming authorities can not go over there to close down the hea4
gates. Consequently those people, although they have the )a4-
ditches, have practically the first right to the stream. In tbii
same way there is no use to attempt to enforce priorities on .tie.
upper section of the stream in Wyoming in favor of earlier rights:I
on the lower section in Wyoming, because if the water were not taken,.
out above it would simply go into Utah, and there appropriators
would take it without any reference to Wyoming rights. Exactly thei:i,
same thing is true in reference to the.improvement of Bear Lake.
There is an important storage basin that the irrigators on the lower
end of the river desired to develop; but they were confronted by t hei:
fact that if they did store the water and turn it out into the stream .
all the ditches in Idaho would have the first chance,to utilize that .;
water supply, and they would have no means, unless it was recourse
to the courts, to prevent it. Now, if we had been aware of the devel
opment that was coming, we could have avoided all those comipjia-
tions by changing the boundary about 10 miles. So far as Wyoming l
and Utah were concerned, it would have thrown the whole of that.:.
stream into Utah. There are a great many instances of this kind .
where a very slight change of State boundaries, having them follIow,
divides, would have entirely obviated interstate questions; but aso i .
is now it is one of those open, unsolved problems that will in time .
either be settled in the courts or by State or national legislation!
Q. You desired to make some reference to the California manp.
Have you that at hand?-A. That was simply to illustrate. We have
the map here, but I think we have gone over the points. I may, per- s:
haps, in speaking of the extent of irrigation and the restricted areas .
that are irrigated and will be irrigated, call attention to one of the
California maps here that shows the relative area irrigated in the
leading irrigation State of the country, with the unirrigated and
uncultivated portions. The purple areas there are the areas that are
Q. (By Mr. LITCHMAN.) Appears to be a very small portion?-A-.:.
Very. That is true of every State if you compare the total.


Q. (By Mr. A. L. HARRIS.) Now, you will please take up the hkii
parts of the United States.-A. We have in this country been
sidering irrigation as a sectional matter, and it never will have:

;I .aza~

U. S. Dept. of Agr., Bul. 105, Office of Expt. Stations Irrigation Investigations.



: i i 00 .J ..... ,... .. .... ......-.................. ................


importance in the East that it has in the West. But there is every
I reason to believe that irrigation is to be largely employed throughout
the humid portion of the United States in the growing of high-priced
Sand special prod nets. The work done in C'on lnectiecut, Massachusetts,
and New Jersey shows that in the growing of small fruits irrigation is
Exceedingly profitable, and in market gardening it is now being largely
utilized. The cranberry growers of Wisconsin and the farmers in the
sandy pine lands of the Northwest are beginning to utilize irrigation
as a means of getting crops started, of getting a sod established on
Those sandy lands; and there seems reason to believe that there will
Sbe qaite extensive stretches of territory scattered through the humid
districts where irrigation will be very largely employed. The market
| gardeners around our large cities in the East and the tobacco growers
of Connecticut are using irrigation to some extent in the growing of
fancy varieties; and in the South irrigation seems certain to have a
very large usefulness. In the past five years more land has been
brought under irrigation in southern Louisiana and southern Texas
than in any single State of the arid region within that period, and there
S has been more money invested. Not only that, but in its engineering
features irrigation in these States is entirely distinct from that of the
S irrigation of the arid regions. Now, in the arid regions water is con-
ducted by gravity. You have a rapid fall away from the mountains
which carries the water through the canals and away from the streams.
But in the South the streams have little or no fall. They are simply
reservoirs with the water in them practically stationary. You have
to pump water up into canals, and then it flows very slowly, because
the country has so little fall. So canals are built there that are simply
banked reservoirs. Instead of a channel cut below the surface of the
ground, two banks are built, sometimes 200 feet apart. Now, the
canal is the land between those two banks. The banks could just as
well be 400 feet apart.
The width of the canal has nothing whatever to do with the cost.
These long lines of embankment will be built and the water pumped
up from the river into the canal. Now, turning water out at differ-
ent points causes the current; it is the inclination of the water surface
rather than the inclination of the land. Now, in order to reach a
higher territory, they establish at convenient points other pumping
stations and raise the water up to a higher level. This method of
irrigation has been extended until now the country embraced is about
200 miles in length and about 50 miles wide. Tt is not all irrigated
now, but that is the total area in which irrigation is being extended.
The first canals were taken out of the sluggish streams that flow
into the Gulf of Mexico; but when the importance or the value of the
rice product became established and lands rose in value from $5 to
$50 and $100 an acre, it became manifest that those streams would
not supply the need of water, and the farmers began looking about

.... a... ...

for other sources of supply. They found one by putting downu
so that the pumping stations to supply water from the riv
being supplemented largely now by wells. Hundreds ..of w et
going down throughout that portion of Louisiana where rice is
and this year a study is being made to determine the source. of l
water supply. If the subsoil is simply filled with water and:: it1
..." .... .." ..=iii'"i
be pumped out,-it will soon be exhausted; but there is a belief :t:,
is being reenforced from the Mississippi. That was a con .
the time I was there, but a study is being made to ascwrtaiMnl...I
true. If it be true, there will be a capacity- for indefinite :eJ
of the supply by wells.
The success of rice growing there, after the long period i~jn
had been continually shrinking in our rice production,.:
increased interest in rice growing.along the Atlantic. se
years the rice growing there, if not unprofitable, has not
ciently profitable to lead to any extension. In fact there I::
a constant decline. Old canals in use long before tlh :ar..
going out of operation; but the industry is now being'extendei4
the question now is whether the Louisiana method can be..,..
Rice cultivation in the Carolinas is largely after the ;metho
ailing before the war. The crop is harvested by hand-cut wif te....
sickle and bound by hand. The reason it is so much more sueeafui
in Louisiana is the application of modern machinery. The 'crops:
there are cut with a self-binder. There have been economies brougt :'i
into the field labor, and the methods of applying and distri~tiajg!
water are patterned after those of the West rather than those of tkI::
Carolinas. There is an economy in the distribution of water, awl::
there is another very marked economy in the harvesting of the: crii
An industry that was not before remunerative has been madeexeedi
ingly profitable. .
The southern territory is also likely to develop irrigatio. in i.
growing of forage crops. Alfalfa grows in the South. It-1i.
grow in the middle East; it freezes out in the winter and doe'i
seem to thrive, but it will grow and live through the win. ar~
become a perennial in Louisiana. There seems to be quite a ..
the use of irrigation in the growth of alfalfa and other .forag
in the South wherever-you can get water at a sufficiently low .....
Now, the same questions arise in the East, where developed
gone far enough, that have arisen in the West. In the So
question has come up between the different canals as to who ..ial,
better right to the water supply if more water is needed than:ti .
will supply. In time some system of priorities will have to, be:
lished there. They will have to determine how they are g
operate under the doctrine of riparian rights. That is an Usi
question there as yet, just as it is in the West. On one of thewi:
last year so much water was pumped out that the river a

...... ._...
... .. .." ~ .':7.; ....: i'""i

U. S. Dept. of Agr., Bul. 105. Office of Expt. Stations. Irrigation Investigations.




direction~ adrnustreme freasdistsance th et a of 5mie.Tecrnte
chagedandra bakhndsalter wate cae bin froml othe IGulf an
ruind te uefunes ofthe pitiumpsin toe stateio ns farhes d own-
strem. Tose re watteris thatuilrqire aodjuuplment. Ihe therell
should~ ~ be ithEatayconsideable deman on the ostreaimsl the
righ totakewatr fom Easter suplyi willre calltued in question;
so tht th econmic ind eglles of irrigatll on have ealoreadyoceasoed
toq t Ii be secti

eg wterfromtheMisioii Rive, n iin
Now thre s ver are dsrtict, rac hin freoem time eGulfofMeicoth
the.anaian ordrombaracingl wester Tupexas wes wtern Theas
important. Tr in s e rsio amsiiii t iiiiiie ibt eiiii tei

aridregon, ecase iths thersierbeerioyha can be bitasmlco.Itisria
country~~~ wells adate too l the ditiuinowaeand honly arzonpar
smal amoutof ater is orequired to supplterhcarryinfal.

_,,, ns

As ~,go arter est if yorde haeonl 10k incheuse of theinfl aters
rae is acm i td oe I inv llilioums th

increasedt evprain yo utheseSuphern moreamosture byirigat.ion
tha whre ou ave20nces ofirainnfallcandess ofvapoivratind; soea
give, amunt fwaent wi irrigaesmr acre people ettled thertert
-Insthsiceneave tws uestins. oIn ote Datas itism

NothPltt s sremtht annt e tiiedtoan ret xtn
in .....Lu is ;d in tis..

two rr oriov le em A o

pumin i uiip

A ret an sremsar trrntalinchrate, carynga
:;;iii6li iiii iiiiii-)i

qiuestio of the e e i tii iiilie iiiii@.Iiii i si i

disatros t buld reervir n te cannl o a ive, andi rri, whenii
yh ari t t hen o st te
have itfillupandnenessittethsesetler mvnou.tismpi


a waste of energy and a waste of money. That is a question tat
Department of Agriculture is studying, and arrangements have:l..
made with the agricultural college of Texas to gather sampless.
these streams and see what would be the probable result of
the mud they carry deposit on the soil.
Q. Does evaporation go on so rapidly in some portions of
country that it would leave the reservoir salty?-A. The total ev
ration from the water surface in the West ranges from 3 to 6 inc
per month. Where the waters of the river itself are heavily char
with alkaline salts this evaporation will so concentrate them as.:
make it injurious; but there are very few instances of that kind. Th
only one that I know of personally is the Pecos River, and I thii
that action only occurred in one season. I do not think that would
be a very important question. The streams carry so little alkali ii
the portion of the country where the water is stored that the accumnr
nation would not amount to much.- Then the water is discharge
every year and there is no cumulative action. It is only the concej
tration that would take place in a single season.
(Testimony closed.)

::. ....

-" 'I.

-. .: :



Water right.


[Incorporated February 16, 1871.]


This agreement, made the day of 19-, between the Fresno Canal
and Irrigation Company, the party of the first part, and the part-
of the second part, witnesseth:
That for and in consideration of the sum of --- dollars, gold coin of the
United States, paid to the party of the first part by the part- of the second part,
the receipt whereof is bereby acknowledged, and of the covenants and agreements
herein contained, the party of the first part agrees to furnish to the part- of the
second part, from the main canal of the party of the first part, or from a branch
thereof, all the water that may be required, not exceeding at any time --- cubic
--- per second, for the purpose of irr igating the -- -- in Township No.
- south, range No. east of Mount Diablo meridian, from the day of
---,19-, until the 16th day of February, 1921, and during the existence of said
The party of the first part agrees to place a suitable box or gate in the bank of
said main canal, or a branch thereof, at the most convenient point for the convey-
ance of the water to said land, as soon as the ditch to be constructed by the part-
of the second part shall be commenced.
The part- of the second part will construct a ditch from said box or gate to said
land at own risk, cost, and expense; and it is covenanted and agreed that the
ditch so constructed may be a branch ditch of -said company, and be under the con-
trol thereof, at its option, and that said company shall have the right to use and
enlarge said ditch, provided such use will not interfere with the flow of water to
said land; and the part- of the second part hereby grant to the party of the
first part the right of way to convey water through any of -- lands situated in
said township to contiguous land.
The part-- of the second part covenant- and agree- that will not use or
permit the water to be used on any other land except the land above describe 1. or
permit the water to run off on any contiguous land. or permit the water to spread
out in low places on such land, or in any way to run to waste, and will con-
struct ditches to convey the surplus water, if any there be, back into the canal of
said company, or a branch thereof.
It is understood and agreedl that the water to be furnished under this agreement
is intended to form a part of the appurtenances to said land, and the right thereto
shall be transferable only with and run with said land. and that the party of the
first part is bound by this instrument to all subsequent owners of said land, but
to no' other person.

S*=..=.=e. =*.. ...

'.*".* ,,,...a:,i.-a;,.",;..'i ...*

44 r
.. ......... .. : ....
.The part- of the second part, for -- heirs, and assigns, :
and agree- that and --- successors in interest and estate -in
will pay annually to the party of the first part, at its office, in gold ciil:
United States, on the first Monday in September, in each year, until the ye
and during the existence of said corporation, the sum of dollars (
and this instrument shall be deemed equivalent to a notice and demand &on
day the same becomes due, by the terms hereof, and in case of default of!.
payment in any one year for the space of 30 days after it shall become dKw ,:I
agreement shall terminate, and become thenceforth null and void and of no-
at the option of the party of the first part, its successors, or assigns. And.::
part- of the second part covenant-, for- heirs, and assigns, th~t
will pay all legal expenses, including a reasonable attorney's fee, neoesa
incurred by said party of the first part in the collection of said annual pajyme
And it is further covenanted that the party of the first part may shut ofa .
water any fall, for purposes of general or special repairs of its canals, bunlheai
or gates, and at such other times as urgent necessity may require; but shall estb
the water in said canals as speedily as the nature of the caEe will permit.
It is covenanted and agreed by the parties hereto that the party of the first par
shall not be responsible for deficiency of water caused by drought, insuaicade
water in the river, hostile diversion or obstruction, forcible entry, temporary d~a
age by flood, or other accident; but that the party of the first part shall un amu
employ all due diligence at all times, in restoring and protecting the flow of wia
in its canals and ditches.
It is understood and agreed that the party of the first part may sell 1,000 wa
rights of 1 cubic foot each, and if at any time the aggregate quantity of w
in the canals of said company shall fall short of 1,000 cubic feet flowing per .esa
then each water right shall represent the one-thousandth part of said aggg
quantity, and the part- of the second part shall be entitled to receive watweri:
that proportion.
It is covenanted that this agreement and the covenants'therein contained a Oh
part of the part- of the second part run with and bind the land.
It is covenanted that any violation of this agreement by the part- of the .see.
part or assigns shall render this agreement null and void and of no efft,
the option of the party of the first part, its successors or assigns.
In witness whereof the parties hereto have hereunto interchangeably seti':
hands and seals, the day and year first in this agreement written. ::
Executed in duplicate.
[SEAL.] By President.
[SEAL.] By Secretary.

Agreement for water right in the Larimer County Ditch.
I. This agreement made this day of in the year 188-,
Larimer County Ditch Company, a corporation existing under the laws of
as the first party, and of the county of and State of
the second party, witnesseth: i
II. consideration of the stipulations herein contained, and the.
to be made as hereinafter specified, the first party hereby agrees to se
second party water right- to-the use of water flowing through
said company, each water right representing one six-hundredth part of


of said ditch (less an amount from such total capacity sufficient to water 80 acres),
subject to the terms and conditions herein specified, to which the said second party.
-- heirs or assigns, hereby expressly agree.
III. Said company agrees to continue said ditch on a suitable grade to a point
not less than 6 miles on the line of said ditch after crossing Box Elder Creek,
having a width on the bottom of not less than 10 feet, and a depth of not less than
4 feet from bottom to top of lower bank, such extension to be completed on or
before May 15, 1888.
IV. Said company agrees to incur all the expense of building said ditch and
extension, of the dimensions hereinbefore specified, without any assessment on
Spurchasers of water rights for such purpose.
V. Sad company will enlarge said ditch and its extension when it shall deem
VI. Said company agrees to furnish said water to the second party, heirs
or assigns, continuously during the irrigating season, except as hereinafter pro-
vided, and at no other time.
VI3. Said water shall be used only for domestic purposes, and to irrigate the
following described tract of land, and none other, to wit:

VIII. Under no circumstances shall said water or any portion thereof be used
for mining, milling, or mechanical power, or for any purpose not directly connected
with or incidental to the purposes first herein mentioned.
IX. Said second party, heirs, or assigns, shall not permit said water, or
any portion thereof, furnished as aforesaid, to run to waste, but as soon as a suffi-
cient quantity shall have been used for the purpose herein allowed and contracted
for, the second party, -- heirs, or assigns, shall shut off said water, and keep
the same shut and turned off until the same shall be again needed for the purposes
aforesaid; but in no case shall the amount of said water taken or received by the
second party, heirs or assigns, exceed the quantity hereby sold.
X. Said company shall deliver said water at such point along the line of the
said ditch, or from any of its reservoirs, either or all, as it may determine from
time to time to be the most practicable, and all headgates. and the manner of
withdrawing and regulating the supply of water from said company's ditch and
reservoirs, shall be prescribed by the said company, and shall at all times be under
its control as determined and directed by the board of trustees of said company.
XI. The headgate or gates through which the water hereby sold shall be drawn
off shall be made and placed by said company, and the cost thereof, and for keep-
ing the same in repair, shall be paid for by the said second party, and be collected
and enforced in the same manner as prescribed for collecting and enforcing assess-
XII. Said company agrees to keep and maintain said ditch and any and all of its
reservoirs in good order and condition, and in case of accident to the same to repair
the injury occasioned by said accident as soon as practicable and expedient; and the
company shall have a right to assess for said maintenance, and the cost of enlarging
said ditch, and enlarging any and all reservoirs, either owned or operated by it, and
repairing, maintaining, and superintending the same, a sum equal to one six-
hundredth part per water right sold of such cost, per annum, and the amount,
manner of collection, and time of payment of said assessments shall be deter-
Smined by said company according to its judgment and discretion; and the com-
pany also reserves to itself the right to establish and enforce such rules and
Regulations, and to provide and declare such penalties and forfeitures as it may

*.. ............ ::iL si. ,ar L.a h : "

deem necessary or expedient ror te purpose or enforcing ana cou
assessment, or any part thereof.
XIII. When said company shall have sold. and have outstandingand i
water rights, of a size and amount each as specified herein (or sooner, at he
of the company), it will then issue and deliver to the holder of each water rig
shall have complied with the terms and conditions of this contract, without
consideration, one share of the stock of said company and also one share of the'i
of the Larimer County Reservoir Company for every water right hereby sold,
the second party, heirs or assigns, hereby agree to accept.
XIV. Said company shall have the right to distribute such water as may!:Si
through said ditch (less said amount sufficient to irrigate 80 acres) to thelolda iwi
such water rights, pro rata, and for the purpose of so doing may establish andenforO
such rules and regulations as it may deem necessary or expedient.
XV. And the second party for and heirs and assigns pe
in consideration aforesaid, to waive, and hereby does waive any claim for lrea
damage by reason of any leakage or overflow of said ditch, or any of its rebs
voirs, lakes, or laterals, either upon the land aforesaid or any other tract beloq
ing to said second party or assigns, anything in any statute, law, or onhsl
to the contrary notwithstanding.
XVI. In consideration whereof the second party agrees to pay unto the ir
party the sum of dollars, with interest, payable annually, at the rate of t:
per cent per annum, at the office of the first party in Fort Collins, Colo., in
payments, at the times and in the manner following, that is to say:

Day. Month. Year. Principal. Interest. Amount. Benmarku

First payment.-----
Second payment- -. -
Third payment----.
Fourth payment....
Fifth payment --...

And the second party, in consideration of the premises, hereby agrees that .
will make punctual payment of the above sums as each of the same, respeotiv
becomes due, and that will regularly and seasonably pay all assessments l
may hereafter be imposed by said company for the purposes aforesaid.
XVII. And it is hereby agreed and covenanted by the parties hereto that tii
and punctuality are material and essential ingredients to this contract. A~i
case the second party shall fail to make the payments aforesaid, and each of tar
punctually, and upon the strict terms and times above limited, and likewise i
observe, perform, and complete all and each of said agreements and stipulathi
aforesaid, strictly and literally, without any failure or default, then this contrm
so far as it may bind said first party, shall become utterly null and void, Sand
rights and interests hereby created or then existing in favor of the second
or derived from shall utterly cease and determine, and all equitable
legal interest in the water right hereby contracted to be conveyed shall
and revest in said first party, without any declaration of forfeiture, or any
act of said first party to be performed, and without any right of said second
of reclamation or compensation for moneys paid or services performed, &
lately, fully, and perfectly as if this contract had never been made.
further stipulated that no assignment of the premises shall be valid u
same shall be indorsed hereon, and that no agreements or conditions or
between the second party and assignee, or any other person acq
interest from or through shall preclude the first party from the
vey the premises to the second party, or assigns, on the sureo
....-4 ;


agreement and the payment of the unpaid portion of the purchase money which
may be due the first party.
XVIII. It is further expressly understood and agreed between the parties here:o
that neither this contract nor any of its terms, conditions, or provisions shall be in
any manner supplemented, altered, or changed from what has been provided, or any
other or further contract be made respecting the subject-matter of this contract,
except that it be indorsed hereon in writing, signed by the president and attested
by the secretary, under the corporate seal of said company.
XIX. It is also stipulated and agreed that from and after the execution hereof the
said second party may enter into the use and enjoyment of the water flowing through
said ditch to the extent of the-right above contracted to be conveyed, as fully as
though a final certificate for said right had been issued, but subject, nevertheless,
Sto all the terms and conditions above set forth.
XX. In witness whereof the Larimer County Ditch Company has caused its cor-
porate name to be hereunto subscribed by its president, and its corporate seal to
be hereunto affixed by its secretary, as well as to a duplicate hereof, and the second
party -- subscribed name- and affixed seal- hereto, as well as to a
duplicate hereof, the day and year first above written.

-- --, President.
Attested by-

[Forms for assignment and for acknowledging receipt of each payment are printed
on the reverse side.]



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