Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah — John Shaqi
Report on the lands of the arid region of the United States, with a more detailed account of the lands of UtahPowell, John Wesley
History
Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah
Powell, John Wesley
Irrigation -- Utah; Irrigation -- West (U.S.); Public lands -- United States; Rain and rainfall -- West (U.S.)
The ancient principles of common law applying to the use of natural
streams, so wise and equitable in a humid region, would, if applied to
the Arid Region, practically prohibit the growth of its most important
industries. Thus it is that a custom is springing up in the Arid
Region which may or may not have color of authority in statutory or
common law; on this I do not wish to express an opinion; but certain
it is that water rights are practically being severed from the natural
channels of the streams; and this must be done. In the change, it is
to be feared that water rights will in many cases be separated from
all land rights as the system is now forming. If this fear is not
groundless, to the extent that such a separation is secured, water
will become a property independent of the land, and this property will
be gradually absorbed by a few. Monopolies of water will be secured,
and the whole agriculture of the country will be tributary thereto--a
condition of affairs which an American citizen having in view the
interests of the largest number of people cannot contemplate with favor.
Practically, in that country the right to water is acquired by priority
of utilization, and this is as it should be from the necessities of
the country. But two important qualifications are needed. The _user
right_ should attach to the _land_ where used, not to the individual or
company constructing the canals by which it is used. The right to the
water should inhere in the land where it is used; the priority of usage
should secure the right. But this needs some slight modification. A
farmer settling on a small tract, to be redeemed by irrigation, should
be given a reasonable length of time in which to secure his water right
by utilization, that he may secure it by his own labor, either directly
by constructing the waterways himself, or indirectly by coöperating
with his neighbors in constructing systems of waterways. Without
this provision there is little inducement for poor men to commence
farming operations, and men of ready capital only will engage in such
enterprises.
The tentative bills submitted have been drawn on the theory thus
briefly enunciated.
If there be any doubt of the ultimate legality of the practices of the
people in the arid country relating to water and land rights, all such
doubts should be speedily quieted through the enactment of appropriate
laws by the national legislature. Perhaps an amplification by the
courts of what has been designated as the _natural right_ to the use of
water may be made to cover the practices now obtaining; but it hardly
seems wise to imperil interests so great by intrusting them to the
possibility of some future court made law.
THE LANDS SHOULD BE CLASSIFIED.
Public-domain text, read in full here on John Shaqi.
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