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.

After this ditch was completed as far as Horse creek, Theo. Deutsch, made it one of the most substantial in all the country, by running it "bank full" to the creek where the water returned to the river. During this time he watched the bank the full length, and when it settled down a little, applied more dirt. The soaking and puddling thus given it, made it so substantial, that it has never shown any signs of weakening in the thirty-odd years of service. John A. Orr, Perry Braziel, Frank Neeley and Harry Haig were the promofers of the' Mitchell canal.

Gering Canal

The Gering end of the canal was built at a later date, and under the district plan. The total bond issue was about thirteen dollars per acre, and a warrant indebtedness of four or five dollars existed shortly alter. The engineering difficulties getting the canal through

HISTORY OF WESTERN NEBRASKA

Spillway Pathfinder Dam. Nebraska's X

HISTORY OF WESTERN NEBRASKA

the bad lands north of the mountain, were no small matter. Private local enterprise made some attempts but the finishing and completing of the successful canal was finally in the hands of T. C. Henry, of Denver.