ARIZONA, NEW MEXICO, TEXAS, AND KANSAS.

167

Major Powell's statement, from "Irrigation in United States," first edition, 1886, gives these figures

These figures are entirely taken from county reports. The ditch system constructing in Yuma County will, when completed, have a total length of 241 miles and an acreage of 207,000. The total cost will be $1,318,000, or nearly $5,500 per mile. The canals under way in Maricopa County will, when completed, cover 404,900 acres and have a total length of 425 miles. Apache County reports 150,000 acres reclaimed, Pima County 2,500,000 acres, and Cochise 310,000 acres. Of the area "under ditch" about two-thirds are actually cultivated. For Arizona the Geological Survey estimates all reclaimable, 1,650,000 acres; under ditch, 455,600 acres; actually cultivated, 203,080 acres. Engineer Newell for the same territory estimates only 175,000 acres as cultivated through irrigation.

Western Texas, that is the arid section west of the one hundredth meridian, has been making rapid strides. Its total area irrigated and under ditch, after careful inquiry is placed at 200,000 acres "under ditch" and 125,000 actually cultivated.

Southwest Kansas in 1889 suffered largely from the drought. "Under ditch" were 300,000 acres, nearly all in the Upper Arkansas Valley, while but 75,000 acres were cultivated by actual irrigation. The following table gives the official census figures of 1885:

Irrigation ditches and areas in New Mexico.

Number of farms

Number of acres (improved, estimated)

Area reclaimable in acres..

10,511 500,000 13,965, 000

Under date of June 24, 1889, T. B. Mills, of Las Vegas, N. Mex., makes the following estimate:

Projected ditches and ditches under construction will serve in addition, 722,000 acres.

A most careful student and engineer, L. G. Carpenter, professor of irrigation engineering and meteorologist in the State Agricultural College, presented in his annual college report (January, 1890) the following approximate estimate of

Irrigation ditches and areas in Colorado.

Division I (Platte Division):

Platte Valley, below the Poudre

Platte Valley, above the Poudre, including Bear and Clear Creeks.

St. Vrain and Boulder Creeks

Big and Little Thompson

Cache La Poudre.

Total from South Platte..

From North Platte in North Park..

Division II (Arkansas Division):

East of the Huerfano River.

Cucharas.....

La Veta and Apache.

Upper Arkansas and Fontaine..

Division III (Rio Grande Division)

Division IV (San Juan Division), including Dolores, Mancos, Pine,

Florida, La Plata Rivers

Division V (Grand River Division)

Division VI (Bear and White River Division).

Total...

By this table the total amount of land under ditch in Colorado at present is not far from 4,500 square miles, or 3,000,000 acres. The amount of land actually irrigated can not be so reliably estimated at present. It is much less than that under ditch.

Professor Carpenter estimates the total irrigated as not over one-third. This is apparently below the actual results. State Engineer Maxwell reported the following figures as a careful statement of the area east of the Rocky Mountains:

In the three eastern divisions there are also one hundred and sixtytwo reservoirs, with a record capacity of 5,319,939,788 cubic feet, capable of furnishing 1 acre-foot of water to each of 122,199 acres. The total number of ditches, large and small, in the State is estimated at 2,000, and their mileage at 5,000. The duty of water is placed at 1.45 cubic feet per second for 80 acres. In some sections it is over 100 acres, however. West of the range in the Grand River, Mesa County, Uncompahgre, and other sections, there were 110,000 acres actually irrigated. estimate of E. S. Nettleton, the leading engineer of the State, reached for 1889, one of water scarcity, to 1,300,000 acres. From the various

The

A GENERAL SUMMARY OF LAND UNDER DITCH.

169

enterprises now in progress and for which it is claimed water can be obtained, the area under ditch in the present will not be less than 4,000,000 acres.

There are over four hundred mountain streams within the borders of Wyoming, and the mountain area from which they flow contains at least 35,000 square miles, 22,400,000 acres. The Territorial engineer, Elwood Mead, claims as a moderate computation, that the annual precipitation on these storm-condensers and moisture-stores will average not less than 3 solid feet of water. This estimate contains 60,000,000 acre-feet; an amount sufficient, at the rate per annum of 1 acre-foot for 80 acres, to irrigate 10,000,000 acres of land. The precipitation is there, the mountains offer unequaled opportunities for storage, the numerous watercourses can be rendered available with added artificial facilities for full distribution, and the land will present, with its broad levels and fertile qualities, an easy work for the engineer and ample return to the farmer!

Of this area of nearly 2,000,000 acres not more than 80,000 acres are under cultivation other than for stock purposes.

For western Nebraska, an estimate is made (1889-'90) of 50,000 acres "unditch," and 6,000 under cultivation.

The Senate committee report as follows, as a summary :

The table presented on the authority of the Geological Survey makes a total estimate of 8,307,000 acres, as "irrigated and under ditch ;" certainly an aggregate below the fact. At date of this publication (June, 1890) the area "under ditch" west of the ninety-eighth meridian_of west longitude will not be less than 16,000,000 acres in extent; under cultivation it will reach at least 9,000,000, and is probably a million more. If the area "under ditch" is as reported in the forgoing, the value for taxation purposes will not be less than $10 per acre, or a total valuation of $136,610,000, while that actually cultivated may be placed by a low valuation at $15 per acre, or a total of $125,270,000. And these being considered as assessor's figures may fairly be doubled. The cost of reclamation will certainly not exceed, all told, more than $7 per acre, or a total of $95,627,000. Indeed it is more probable that $50,000,000 will cover the actual cost of reclaiming the area at present irrigated.

The Senate committee made the following argument on the utility of irrigation.

The amount of land that may be brought under cultivation in the arid region by irrigation is variously estimated at from 75,000,000 to 150,000,000 acres. It is safe to predict that at least 100,000,000 acres will be ultimately brought under cultivation by irrigation, and that, too, by the water in sight which, when properly utilized, will readily reclaim at least 10 per cent. of the whole arid area. It is worthy of remark that land cultivated by irrigation is much more productive than land where the rainfall is sufficient to produce crops. The certainty of crops every year in an irrigated country where the water supply is sufficient is a most important consideration. Besides, in nearly every part of the arid region more than one crop can be produced each year from the same land, and a good crop is always certain with a constant water supply. Irrigation requires unremitting attention and high cultivation and with such attention and cultivation it is calculated that in any given period of ten years irrigated land will produce from three to five times as much as land cultivated by rainfall.

The question for consideration is: What action should be taken by the Government to enable the people to reclaim these desert lands? The reclamation must be initiated and executed by the people, and not by their Government. In India, and, in fact, in all countries under monarchial or despotic rule, the work of irrigation has been carried on under Government control and largely with Government money. The Government of British India has already expended several hundred millions of dollars in constructing irrigation works, and is continuing such expenditures on a most magnificent scale. The reports show that the investment has been profitable to the Government and of the greatest possible advantage to the people.

But there is no necessity for the United States to engage in such expenditures. If the opportunity is furnished to the people of this country they will reclaim these desert lands so far as reclamation is necessary. The use of industrial co-operation in developing the mineral resources of the far West demonstrates the capacity of the people for great undertakings, which in other countries require vast expenditures of accumulated capital.

LEGAL CONDITIONS OF IRRIGATION.

THE CONSTITUTIONAL PROVISIONS AND LAWS OF THE SEVERAL STATES AND TERRITORIES WITHIN THE ARID REGION IN RELATION TO WATER RIGHTS, PUBLIC CONTROL, AND BENEFICIAL USES, WITH A LIST OF CASES AND DECISIONS.

PART V.

Those who desire to understand the progress of irrigation will do well to carefully examine the constitutional provisions adopted by the several States which are in whole or in part within the area of aridity. Until within a few years past very little attention has been paid to safeguards over natural property, such as water, and through the public control of which, for beneficial uses, can the security of industry alone be achieved. California, Nevada, and Oregon, the three States first formed west of the eastern lines of industrial moisture, have made no constitutional provision affecting the public character of this use. In their statutes and before their courts the isues involved have constantly been acted upon. There has grown up or evolved out of the necessities of the people and the exigencies of the communities interested a great body of law, custom, regulation, and judicial interpretation. These start in general from the principle of prior appropriation as wrought out by the earlier miners, and embodied in Federal law, and then by the States and Territories, being steadily sustained by the courts, with a few exceptions, as the common law of an arid region such as ours. The development of the beneficial use of water has of course modified the practice of prior appropriations to a first or prior pro rata share of the natural waters, when taken from bed or source for industrial purposes. The people of Colorado were the first to perceive both the just theory and the exacting conditions embodied in the public nature of water. Its constitution, therefore, becomes a starting point, as framed and adopted in 1875-76. The sections relating to water rights and obligations are as follows:

CONSTITUTION OF CALIFORNIA.

WATER AND WATER RIGHTS.

SECTION 1. The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law: Provided, That the rates or compensation to be collected by any person, company, or corporation in this State for the use of water supplied to any city and county, or city or town, or the inhabitants thereof, shall be fixed annually by the board of supervisors, or city or town, by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer. Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter. Any board or body failing to pass the necessary ordinances or resolutions fixing water rates, where necessary, within such time, shall be subject to peremptory process to compel action at the suit of any party interested, and shall be liable to such further processes and penalties as the legislature may prescribe. Any person, company, or corporation collecting water rates, in any city and county, or city or town in this State, otherwise than as so established, shall forfeit the franchises and water-works of such person, company, or corporation, to the city and county, or city or town, where the same are collected for the public use.