Frank Sands, Wenzel Hiersche, and other affected by this decision, and through the years opposed to the appropriation, had given the immediate time to the bill proposed in 1893, and the bill then became a law, that the story would have been written differently. The water right of the Farmers canal would have died a natural death. However, that is not important now, for all have supplemental waters from the Pathfinder dam, and the questions of priority need never be again discussed or litigated in the state of Nebraska. Only interstate right need now the dictim of law, and return waters to the streams is solving that question.

The Mitchill-Gering Canal This is one of the systems evolved in the lean years when the money question was hard to solve. Chas. Neeley, W. A. French and Phil Stilts plowed the first furrows and moved the first dirt from this canal. It was built as all the early canals were built, by the energy of the people who wanted the water. The headgate is in Wyoming, and the right to divert the water from the stream is a Wyoming privilege granted. Its right in Nebraska, comes from the years of time it has been applied to the land, the fact that water and land are inseparable under the state laws, and the fact that the territory and the water users therein qualified under the state irrigation district law shortly after its passage. Ten years (the Mitchell ditch easily had twice that) of undisputed used of water, makes "the right of prescription" good, according to many of our best authorities.