or easy method of reviewing her records. In other words the laws of Kansas, while permitting citizens to use water for irrigation in aid of agriculture, do not provide adequate legal records to make the appropriation, when secured, of any particular economic value to the appropriator.

UNIFORM FILING SYSTEM NEEDED.

As a remedy for this obsolete method it is suggested that our present laws should be amended to require all applications for water rights to be made at some central state office. Such an office should be directed by some competent engineer, whose duty it would be to carefully examine all such applications for the purpose of determining whether or not the quantity of water requested was actually available and unappropriated from the stream, and further, determine whether or not the amount claimed could be beneficially applied to the area to be irrigated. If after such an investigation the application was granted, a careful record should then be prepared and filed in the central office. A further duty of such an official should be the inspection of projects for which appropriations have been granted, to determine if the water right was actually being developed as required by law.

A KANSAS WATER CODE.

In 1891 important irrigation laws were passed which applied to that part of Kansas situated west of the ninety-ninth meridian. These laws relate to the use of water, whether surface or subterranean, and outline a code for the use of such water, stating that such waters shall be devoted, first, to purposes of irrigation in aid of agriculture, subject to ordinary domestic uses; and second, to other industrial purposes, and may be diverted from natural beds, basins or channels for such purposes and uses; provided, that no such diversion shall interfere with, diminish or divest any prior vested right of appropriation without the due legal condemnation of and compensation for the same. Such a water code is desirable for the entire state of Kansas. This same law of 1891, as amended by the law of 1911, made all waters flowing in subterranean channels and courses, or flowing or standing in subterranean sheets or lakes, appurtenant to the lands through which they flow or stand, with the same general code for the use of such water as outlined in the paragraph above. This law, however, applied only to that part of Kansas situated west of the ninety-ninth meridian and south of township 18. It seemed logical that all subterranean water should be appurtenant to the land under which such waters are situated, and it is believed that the law should apply to all sections of the state. Ground water is perhaps the greatest available supply of water for irrigation. If utilized it must be pumped, and there is little possibility of waste from this method of irrigation.

FURTHER STUDIES DESIRABLE.

While Kansas has many other laws relating to irrigation, the other general laws are not of such fundamental concern to the irrigation interests of the state at this time. Many of these laws are undoubtedly useless and others need revision. Still no definite constructive recommendations can be made until further studies are made.

STREAM GAUGING ESSENTIAL.

Naturally any logical regulation and control of irrigation development must be based upon fundamental hydraulic data. Records of stream flow for all Kansas streams are needed for this purpose. Furthermore, records should be kept of the quantity of water diverted from Kansas streams for purposes of irrigation. These fundamental investigations are of great importance in the logical development of the water resources of Kansas.

IRRIGATION A PART OF A KANSAS WATER PROGRAM.

Kansas must recognize that her waters for irrigation are important as a natural resource. In formulating a state water policy, irrigation, drainage, flood control and water power should be combined in one department, so that a comprehensive and logical irrigation policy can be developed with a state water policy. In this respect the state should recognize the rights of its citizens in the use of water on interstate streams as against the rights of citizens in adjoining states who may claim priority of right over the rights of our own taxpayers.

SUMMARY.

In conclusion, the following recommendations for changes in our irrigation laws are suggested:

First. Change the method of filing and recording water rights from the county plan to a central state office.

Second. Adopt a water code for the entire state as now applying to that section of Kansas west of the ninety-ninth meridian.

Third. Making underground waters appurtenant to all lands of the state, with a definite water code for the use of such waters.

Fourth. Combining the state irrigation, drainage, flood control and water power in one department for the purpose of developing a comprehensive and logical water policy.

CHANGES RECOMMENDED.

It is recommended that sections 5726, 5727 and 5728 of the General Statutes of 1915 be amended to read as follows:

"SECTION 1. Change of place of diversion, extension of canal, etc. Any person, company or corporation entitled to the use of water may change the place of diversion if others are not injured by such a change, but no person, company or corporation shall extend the canal, ditch, flume or aqueduct by which the diversion is made, to places beyond that to where first use was made, without first securing permission from the irrigation commissioner.

"SEC. 2. Appropriation of water; water rights granted by the irrigation commissioner. Any person, company or corporation desiring hereafter to appropriate water shall make application to the irrigation commissioner for a water right. Such application shall state, in cubic feet per second, the quantity of water desired, and shall be accompanied by a certified plat and statement showing and describing the proposed point of diversion, the area to be irrigated, and giving a description of the proposed irrigation works, ditches and other appliances to be used in diverting and utilizing the water. Whenever application shall be made to the said irrigation commissioner for a water right under this section, it shall be the duty of the irrigation commissioner to examine the application

without delay, and as soon as possible thereafter to issue the water right, if in his judgment the water required for beneficial use is available and remains unappropriated for irrigation purposes. The date of the appropriation, if granted, shall be coincident with that of the time the application was first received in the office of the irrigation commissioner. The water right shall be officially issued in duplicate, one copy of which shall be filed with the irrigation commissioner and the other recorded in the office of the register of deeds in the county where the diversion is made.

"SEC. 3. Time within which claimant must commence excavation or construction of works for such appropriation; rights of subsequent claimants. Within six months after a water right has been granted the claimant must commence the excavation or construction of the works in which such claimant intends to divert the water, and must prosecute the work diligently and uninterruptedly to completion unless interrupted by stress of weather or other unavoidable circumstance. By compliance with the above, the claimant's right to the use of water relates back to the time the application was first received in the office of the irrigation commissioner. A failure to comply with the above conditions shall deprive the claimant of the right to use of the water as against a subsequent claimant who complies therewith.

"SEC. 4. That sections 5726, 5727 and 5728 of the General Statutes of 1915 be and the same are hereby repealed.

"SEC. 5. This act shall take effect and be in force on and after its publication in the official state paper."

Recommending an act relating to the recording of appropriation of water and proof of posting of notices thereof, and the repeal of section 5665, article 1, chapter 57, General Statutes of Kansas for 1915:

"SECTION 1. Record of appropriation of water to be kept by the irrigation commissioner. That upon the passage and taking effect of this act, the register of deeds of any county wherein has been provided a record of appropriation of water and proof of the posting of notices thereof, as required by section 5665, article 1, chapter 57, General Stattutes of 1915, shall within six months thereafter turn over to the irrigation commissioner a certified copy of all such records on file in said counties; and upon the passage of this act the register of deeds of any county in which water for irrigation is appropriated shall thereafter record only such records as have been officially issued by said irrigation commissioner.

"SEC 2. All acts and parts of acts in conflict herewith be and are hereby repealed.

"SEC. 3. This act shall take effect and be in force from and after its passage and publication in the official state paper."

It is recommended that section 5562 of article 1, chapter 57, General Statutes of Kansas for 1915, be amended to read as follows:

"That all natural waters in the state of Kansas, whether standing or running, and whether surface or subterranean, shall be devoted, first, to purposes of irrigation in aid of agriculture, subject to ordinary domestic uses; and secondly, to other industrial purposes; and may be diverted from natural beds, basins or channels for such purposes and uses: Provided, That no such diversion shall interfere with, diminish or divert any prior vested right of appropriation without the due legal condemnation of and compensation for the same; and natural lakes and ponds of surface water having no outlet shall be deemed parcel of the lands whereon the same may be situated, and only the proprietors of such lands shall be entitled to draw off or appropriate the same."

It is recommended that section 5566, article 1, chapter 57, General Statutes of 1915, be amended to read as follows:

"All waters flowing in subterranean channels and courses, or flowing or standing in subterranean sheets or lakes, shall belong and be appurtenant to the lands under which they flow or stand, and shall be devoted, first, to the irrigating of such lands in aid of agriculture, subject to ordinary domestic use; second, subject to such use, may be devoted to other industrial purposes: Provided, however, That nothing herein contained shall in any way affect appropriations heretofore made."