The Development of Agricultural Irrigation and Water Law in Nebraska, 1860-1895

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The Development of Agricultural Irrigation and Water Law in Nebraska, 1860-1895 Nebraska History posts materials online for your personal use. Please remember that the contents of Nebraska History are copyrighted by the Nebraska State Historical Society (except for materials credited to other institutions). The NSHS retains its copyrights even to materials it posts on the web. For permission to re-use materials or for photo ordering information, please see: http://www.nebraskahistory.org/magazine/permission.htm Nebraska State Historical Society members receive four issues of Nebraska History and four issues of Nebraska History News annually. For membership information, see: http://nebraskahistory.org/admin/members/index.htm Article Title: El Dorado on the Platte: The Development of Agricultural Irrigation and Water Law in Nebraska, 1860-1895 Full Citation: Sam S Kepfield, “El Dorado on the Platte: The Development of Agricultural Irrigation and Water Law in Nebraska, 1860-1895,” Nebraska History 75 (1994): 232-243 URL of article: http://www.nebraskahistory.org/publish/publicat/history/full-text/NH1994ElDorado.pdf Date: 8/05/2013 Article Summary: Nebraska irrigation began as an effort to adapt to a semiarid region prone to droughts. Water law developed in a single generation at the end of the nineteenth century, giving the state control of water distribution. Cataloging Information: Names: Samuel Aughey, Charles Dana Wilber, William R Akers, George W Fairfield, Henry St Rayner, Asa B Wood, Charles Purnell, William Ellsworth Smythe, Elwood Mead, Lorenzo Crounse, Silas A Holcomb Terms of Water Law: reasonable use, prior appropriation, riparian rights, permit systems, beneficial use Keywords: Lincoln County Ditch Company, Kearney Canal, William R Akers, Charles W Ford, Farmers’ Canal Company, George W Fairfield, Minatare Irrigation Ditch Company, Henry St Rayner, “Rayner law” (1889), Asa B Wood, Gering Weekly Courier, Charles Purnell, William Ellsworth Smythe, State Irrigation Association, Populists, Republicans, 100th Meridian, National Irrigation Congress, Akers law (H.R. 443, 1895), agribusiness Photographs / Images: chart showing departures from average annual precipitation in Nebraska, 1850-1989; William R Akers; Asa B Wood; map showing irrigation ditches in Scotts Bluff and Cheyenne Counties, 1894; Charles Purnell; broadside advertising 1896 irrigation convention in Lexington; C B Purdy BL DORADO ON THE PLATTE: The Development of Agricultural Irrigation and Water Law in Nebraskal 1860 -1895 BySam S Kepfield Irrigation was an indispensable element its inhabitants want to exploit, and what spite huge crop losses and reports of fam­ in the settlement of western Nebraska dur­ they can exploit. 1Space as a factor is self­ ine in Kansas, land boosters and settlers ing the closing decades of the nineteenth explanatory; the need for irrigation came who wanted to believe them saw the century. In filling the public domain west about only as settlers crossed the 100th drought as an aberration. of the 100th Meridian, European settlers Meridian into a semiarid region prone to Nevertheless, the drought was a fact, encountered a land and climate quite un­ droughts. The interaction of culture and and some took steps to adapt. Washing­ like anything they had known in the environment to produce a modern irriga­ ton M. Hinman, a Pennsylvania millwright wooded, humid eastern states. AE succes­ tion regime in fact and in law took place who settled near the confluence of the sive waves of settlers attempted to build over a relatively short period, no more North and South Platte rivers, built the first an agricultural society on the plains, than a generation. documented irrigation canal in Nebraska largely staying with their old farming prac­ The climate of the Great Plains was a in March 1863,diverting water from the tices, they eventually saw irrigation as a puzzle that settlers did not decipher until south bank of the Platte River six miles necessity. the mid-1890s. It is perhaps most helpful west of Fort McPherson. A year later, John AE the need to divert precious water to characterize the region in terms of what Burke of nearby Cottonwood Springs built from the sparse streams that crossed the it is not, rather than what it is. It is not a a canal below Hinman's. Both were aban­ plains became clearer, so did the need to lush, humid grassland; neither is it an arid doned after 1865, due to the Indian wars adapt a legal system made irrelevant, desert. Yet it is entirely possible for the in the area. However, both men demon­ even antidevelopmental, by geography. A Great Plains to take on either manifesta­ strated the practicability of irrigating crop­ system of water law that awarded eastern tion, at times in alternating years. It was land during the 1863-64 growing seasons.' landholders rights simply because their this aspect of the semiarid climate that ini­ After its founding as a city in 1866, land bordered a stream was inimical to tially lured settlers onto the expanses of North Platte briefly became a center for creating a system of irrigation ditches to the Great Plains, and then destroyed their irrigation activity. In 1870a group of busi­ water plains homesteads. Bythe time set­ crops and their hopes. nessmen organized the lincoln County tlers moved onto the plains in the 1850s, In 1878 Major John Wesley Powell Ditch Company, and built a canal on the riparian rights had been altered by prac­ drew a line of demarcation at the 100th north bank of the Platte River three and a tice, but they were still found wanting. Meridian. West of the line, rainfall aver­ half miles west of the city. It ran northeast Plains settlers and lawmakers borrowed aged less than twenty inches per year, and for half a mile and turned east for another from miners in California in adopting the was insufficient to sustain agriculture three and one-half miles, to a point half a system of prior appropriation, which without irrigation. To read Powell's state­ mile east of North Platte. It averaged two operated on a first-in-time, first-in-right ment that in the semiarid region "agricul­ feet deep and three feet wide, could flood principle. ture will not be uniformly successful from 13,000acres of land, and cost all of $600.5 Great Plains water law developed in re­ season to season.. .it may be doubted Although used mainly for stock watering, sponse to variants in culture, space, and whether, on the whole, agriculture will it was rendered useless by increased pre­ time. Irrigation is primarily an economic prove remunerative" is to know, in a nut­ cipitation in the late 1860s. phenomenon, and as such the impact of shell, the story of plains farming in the lat­ Meanwhile, soldiers at nearby Fort culture on irrigation can be measured by ter half of the nineteenth century.' McPherson were building ditches to irri­ the economic potential of an area, what For centuries, droughts have occurred gate their post garden." In 1872 Fort Sidney on the Great Plains every twenty years or soldiers constructed a canal on Lodge­ Sam S. Kepfield holds alD. degree and an MA. so, as measured by tree-ring records taken pole Creek to water the lawn and trees of in history from the University ofNebraska-Lincoln. from western Nebraska." A drought hit the the barracks and for a vegetable garden. He is currently a doctoral candidate in history at plains around 1858,as settlement was get­ They ran a small ditch around the parade the University of Oklahoma. ting underway, and lasted until 1866.De­ grounds, and long after Fort Sidney was 232 Irrigation in Nebraska abandoned in 1894, rows of cottonwood lowest order was being pushed by then­ reached the Nebraska-Wyoming border.in and cedar lined the ditch routes.' Because renowned academics (Wilber was 1867,it took another twenty yearsJfor of their novelty, these early efforts had no president of the Nebraska Academy of settlement to catch up. Not until 1885did effect on the Nebraska law of waters. Sciences), and as such was given great freeholders begin claiming homesteads in Irrigation lay quiescent for the 1870s credence. the Nebraska Panhandle, along the North and most of the 1880s.The brief drought However, both men were ascribing hu­ Platte River. Settlers drove out the cattle that came in 1874 might have spurred man causes to a wholly natural occur­ herds that dominated the public domain more interest and activity, had it not been rence, the variability of the semiarid plains in the Panhandle with herd laws; overshadowed by a plague of grasshop­ climate, lulling settlers into a false sense of townsites were platted, and claim shacks pers that lasted until 1877. After the grass­ security. Boosters for towns and the state dotted the area by 1887. The rapid expansion of settlement be­ 15 yond the 100th Meridian in the 1880slaid the foundation for prolonging the crash to 10 come. Railroads lured settlers to the west­ I II I , 5 • . ern half of the state in huge numbers after 1885.Credit was easy, supplied by eastern I I!ll L111 I . illl!l II. II LI IJ Ib I.,., t. financiers taking note of the boom in agri­ P11lr IIIiIIJ III­ ~ p r IIIr ~ ~ cultural production as the nation recov­ -5 • III ~ , • ered from the depression of the 1870s. -10 Terms were generous, and those receiving credit were prone to extravagance, 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 overinvestment, and speculation, with a YEARS consequent inflation in land values. (Average annual precipitation, 22.31 inches) Unfortunately, the boom in agriculture Annual Departures from Average Annual Precipitation in Nebraska, 1850-1989. and settlement coincided with the onset Courtesy of the Conservation and Survey Division, Institute of Agriculture and Natural Resources, University of Nebraska-Lincoln. of another period of drought beyond the 100th Meridian.
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