Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Whatever the nation does for the extension of irrigation should
harmonize with, and tend to improve, the condition of those now living
on irrigated land. We are not at the starting point of this
development. Over two hundred millions of private capital has already
been expended in the construction of irrigation works, and many million
acres of arid land reclaimed. A high degree of enterprise and ability
has been shown in the work itself; but as much cannot be said in
reference to the laws relating thereto. The security and value of the
homes created depend largely on the stability of titles to water; but
the majority of these rest on the uncertain foundation of court
decisions rendered in ordinary suits at law. With a few creditable
exceptions, the arid States have failed to provide for the certain and
just division of streams in times of scarcity. Lax and uncertain laws
have made it possible to establish rights to water in excess of actual
uses or necessities, and many streams have already passed into private
ownership, or a control equivalent to ownership.
Whoever controls a stream practically controls the land it renders
productive, and the doctrine of private ownership of water apart from
land cannot prevail without causing enduring wrong. The recognition of
such ownership, which has been permitted to grow up in the arid
regions, should give way to a more enlightened and larger recognition
of the rights of the public in the control and disposal of the public
water supplies. Laws founded upon conditions obtaining in humid
regions, where water is too abundant to justify hoarding it, have no
proper application in a dry country.
In the arid States the only right to water which should be recognized
is that of use. In irrigation this right should attach to the land
reclaimed and be inseparable therefrom. Granting perpetual water rights
to others than users, without compensation to the public, is open to
all the objections which apply to giving away perpetual franchises to
the public utilities of cities. A few of the Western States have
already recognized this, and have incorporated in their constitutions
the doctrine of perpetual State ownership of water.
Public-domain text, read in full here on John Shaqi.
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