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Show - 35 Safe and •ar.e .curse The United States Court took the correct view, in my opinion, when it appointed a white fcator Commissioner and made him an officer oi' tho Court. That is the only safe and sano way to handle this water situation.,'; <ater .n±v In all consideration of tho irrigation of the allotted lands in this Basin, it should be borne in mind that tha OF ' water right on these lands has not boon porfootod. TThile; as I pointed out elsewhere in this report, all of ths allotments are theoretically under th« Cover raw-nt diiohres, as a cnn-orete faot, thoro is no water rifrht attaching to the allotments. A sum, estimated at $12.50 an acre, lias been ex-v pended in the construction of ditches and this sum has been charged against the allotted landa. Tho present so-called water right is aimply a right to oerfoct x water right. A perfected water gitfht, under the Utah law, consists of four things, vis: A preliminary water filing, a carrying capacity, beneficial use and final proof of beneficial use. Lacking any one of these essentials, the wator right fails. All of the Indian lands posseesod the first two essentials named and laokad the two last named. To make "bonofiaial use", which consists of fencing, clearing, leveling, plowing and tho raising of a crop on the land, irrigation from tho |