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Reclamation in the United States

water, land, irrigation, arid, control, streams, rights and irrigated

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RECLAMATION IN THE UNITED STATES About one-third of the United States is included in the arid and semi-arid region. Within that area irrigation is either essen tial to the growing of farm crops or is of great value. Ruins of irrigation works older than historical records are found in several places in the southwest, and the early Spanish explorers found the Indians watering the thirsty soil as their ancestors had done for unnumbered generations. Modern works date back to 1847. Since then 2o,000,000ac. have been brought under irrigated farming and the United States has become the second country of the world in the area of land irrigated, in the cost of works and value of irri gated products, India being first.

Rapid extension of the irrigated area was made possible at the outset by favouring natural conditions. The arid region is crossed by the main ranges of the Rockies and Sierra moun tains. Their snow-clad summits were a natural reservoir, holding back the water for summer. The rapid descent of the smaller streams made it possible for pioneer settlers to carry the water over the low-lying bottom land by means of simple plough fur rows. Neither capital nor organization was needed.

During the first 5o years of its development irrigation was regarded as the concern of private enterprise and often outran the creation of both laws and institutions needed to protect rights to the common water supply of a stream, which often traversed and watered hundreds of miles of arid country, on which separate communities, counties and sometimes States might be dependent.

Legislation when enacted was of an emergency character, often shaped to promote private ends. As a result there was a lack of adequate administrative control over streams, and the water laws of the 17 arid States vary widely in fundamental principles. In some arid States there is a conflict in law and policy between those who claim control of streams under the English common law doctrine of riparian rights and the arid States' doctrine of right based on diversion and use, the statutes recognizing both doctrines. Litigation became continuous and the expense appall ing. (See articles WATER RIGHTS and WATER SUPPLY.) The first State to assume administrative public control of streams was Colorado. The best law enacted is that of Wyoming.

Under that law all waters, surface and underground, are declared State property. Rights are acquired under permits similar in character to patents to land. Priority of use gives priority of

right in times of scarcity, these rights being enforced by State officials who control diversions from all streams. In recent years the struggle for control of water between conflicting private users has extended to conflicts between the States, and with the con struction of works by the Federal Government has come the claim of superior Federal sovereignty over water needed by the United States in carrying out development for national purposes.

No one can forecast what will be the ultimate outcome of this conflict of interests and different interpretations of existing laws. These circumstances also led to a movement to secure money to build works by making the privately owned land to be re claimed security for the money expended on irrigation works.

This was accomplished by the creation of irrigation districts which might include cities and towns located in the area to be reclaimed.

These districts have a municipal character. The bonds are a first lien on the land and are tax free. At first they had a ready sale, but in many instances the results have been. disastrous to the purchasers of these securities.

By 1890 the projects where ditches and canals to distribute water for irrigation could be built cheaply had been utilized. The opportunities which remained could only be utilized by building reservoirs to conserve water and the construction of long and costly canals to divert and distribute it. To utilize these op portunities was beyond the means of individuals and not attrac tive to corporations. To meet this situation and enable develop ment to continue, the Federal Government enacted what is known as the Carey Act. It gave to each arid State the opportunity to select up to 1,000,000 acres of irrigable public land, which could be used as security for the money spent to construct irrigation works. Instead of undertaking this work directly, the States entered into contracts with private corporations who were to build the works, and sell the land to repay the construction costs. Most of these corporations lacked capital and credit. As a rule their estimates of cost were too low. The experiment proved a failure. Up to June 3o, 1934, only 1,102,586 acres had been ob tained under the Carey Act in all the States, and not all of these had been irrigated.

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