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Show 69 federal survey and construction periods. 47 The Office of the State Engineer was, therefore, well- informed about the type and amount of water development being attempted in the area, both from federal funded projects and privately initiated efforts. As a result, the water rights of Utah's non- Indian citizens were protected to the distinct disadvantage of Indian rights. 48 Private Efforts and State Funding In 1907 the legislature had changed the laws regulating the reservoir land grant fund to allow loans to private corporations or associations engaged in the process of building reservoirs and irrigation canals. 49 The 1907 guidelines allowed the Land Commissioners to exert general control over all water development structures financed with funds it controlled. Other laws provided that the State Engineer's Office had to approve all construction plans for reservoirs. The combination of these two provisions meant that the state assumed a large measure of control over the type of irrigation and storage structures, and the placement of such structures being built. This arrangement enabled the state to shift the risks associated with construction and promotion to private parties, yet the state still had the power to influence the type of storage structure which would be built. A further advantage to lending money rather than functioning as the developer was that the state eliminated the open- ended commitment which ballooned the cost of the Hatchtown and Piute projects. In 1907 and 1908 Land Commissioners loaned money from the reservoir land grant fund to four separate water development companies. The Mammoth Reservoir was funded with a loan of $ 100,000. The Sevier Bridge Reservoir was extended a loan of $ 70,000. The Otter Creek Reservoir Project received a sum of $ 7,500. And the Koosharem Reservoir Company borrowed $ 10,000. Thus, a total of $ 187,500 was extended by the board under the guidelines of the 1907 law during the biennium following its passage. 50 In addition, many state approved reservoir projects were privately funded. These reservoirs were mostly designed for irrigation or other agricultural purposes. Municipal and hydroelectric generation facilities were also approved. The State Engineer's Office also approved hundreds of water right applications. Six separate classifications of water rights were recognized. These were: ( 1) domestic and municipal, ( 2) irrigation, ( 3) power, ( 4) mining, ( 5) stock watering, and ( 6) 47Ibid., p 23. Partially quoting Act of 21 June 1906, ch. 3504, 34 Stat 357, Public Law 258, ( Uintah Reservation) The Act of June 21,1906, provided that all Indian Irrigation Service ' systems be constructed and completed and held and operated, and water therefore appropriated under the laws of the State of Utah.' "" Ibid., pp 22- 23. From the time of allotment in 1905 until 1922, Government agents, engineers, and the Uintah Indians fought a State of Utah water rights system which was stacked against them. ... In many instances, the effort of whites to obtain reservation water actually preceded allotment On the western side illegal canals had been constructed. On the eastern side, settlers crowed against the reservation and then applied for the right to divert water. 49State of Utah, Laws of the State of Utah ( 1907). The change which allowed the land commissioners to loan the reservoirs funds to private corporations or associations reads as follows: ... and the State Board of Land Commissioners is hereby authorized and empowered to loan the reservoir land grant fund to corporations or associations within the state of Utah for the construction or completion of reservoirs, whether public or private, at a rate of interest not to exceed five per cent per annum, in such sums, for such securities, and for such periods of time as in its judgement will promote the interests of the state and encourage the construction of reservoirs for agricultural purposes.. . . 50State of Utah, " Sixth Biennial Report of the State Engineer to the Governor of the State of Utah for the Years 1907 and 1908," Public Documents, p 96. |
