PRESENT STATE OF IRRIGATION--PROGRESS AND LAWS.

The earlier stages of irrigation development are better illustrated in

Montana than in any other State in the Union.

There irrigation practice and laws are exceedingly crude and remain so

chiefly because of the abundance of water, and the ease and facility

with which it can be diverted to the land; as a consequence of this

latter fact the laws were framed in the most liberal spirit, declaring

right of eminent domain, acknowledging the right of priority in

appropriating the waters, and further stating, that any person having a

ditch leading to irrigable lands may use the waters of the territory

for irrigation.

The latest law, framed in 1885, is a very slight improvement; it

requires persons appropriating water, to post the usual notice in a

conspicuous place; to file with the county recorder a notice of

appropriation, with names and proper description of place, stream,

etc., and that work must be commenced within forty days of the posting

of the notice and be prosecuted with due diligence until completed.

Persons who have heretofore acquired title to the use of water, may

within six months from the passage of this law file a statement of the

above facts in the office of the recorder, but failure to do this shall

not forfeit his rights.

Provision is made for the measurement of water, using that very

uncertain and elastic unit, the miner's inch, and defining the same.

The difficulties arising under these laws will be appreciated, when I

state that it is impossible to construct a rating flume that will

measure the number of inches of water flowing in a large stream, by the

method provided in the law.

Then, because previous appropriators are not compelled to record the

amount of water appropriated, and those acquiring titles under the

first law now invariably claim much more water than they need, in fact

often appropriate and even record more water than there is flowing in

the stream. This is owing to the fact that they were not at first

compelled to construct their works, "with due diligence until

completed," nor to make ditches of capacities capable of carrying the

volumes claimed, and above all because there is no officer having the

power to measure the quantities of water diverted or to see that the

works are prosecuted with due diligence. Endless and unsatisfactory

litigation results, hastened by the occupation of lands lower down on

some stream which in a very dry season may not flow sufficient water

for all the appropriators who have acquired titles, whereupon the later

settlers who have recorded their appropriations claim the water, while

those who diverted water before the passage of the last law claim the

right to it, though unrecorded, and as a consequence the case is

carried to the courts, often with unjust and always with expensive

results.

During the past exceptionally dry season these conditions led to much

bitter litigation, often to bloodshed, and equally often to financial

ruin owing to the supply of water being insufficient to mature the

crops planted.

Water being very abundant in the smaller mountain valleys has led to

great wastefulness in its use, the irrigator after applying what water

his crops needed, instead of turning it back into the stream for the

use of settlers lower down, generally turns his ditch loose on the open

prairie and allows the water to run to waste. Then wasteful methods of

applying the water to the crops are employed, and owing to the cheap

and hasty construction of a vast number of small ditches the loss by

seepage is very great; it has been estimated that there is on an

average a ditch for every 200 acres of land cultivated, making a total

of about 2500 irrigating ditches in the State.

In the last two years there has been a marked increase in the interest

taken in irrigation enterprises, and though this has resulted in the

formation of several large companies, which intend to take water by

long and expensive canals to sections now uncultivated, yet in these

cases are universally seen the same crude methods employed in first

beginnings, without the aid and advice of experienced engineers. Large

canals are being constructed at great cost, capable of carrying many

times the amount of water flowing in the stream appropriated, whereas a

much smaller and less expensive one would have carried the entire water

supply. Again small canals have been constructed to carry small volumes

of water very long distances, often 50 to 80 miles, while in reality

owing to the great percentage of loss by seepage and evaporation,

little or none of the water entering at the headgates will ever reach

the irrigable lands.

Such illy advised projects are to be even more deplored than the

smaller operations before spoken of, since the certain ultimate failure

of this class of enterprise will result in discouraging capitalists

from investing in even well-planned irrigation projects, and will

retard the construction of valuable and necessary works.

The National Geographic Magazine, Vol. II., No. 3, July, 1890 · 第 25 / 27 题