PIPE SPRING Cultures at a Crossroads: An Administrative History

Water Regulations Issued

Neither Director Arno B. Cammerer nor Commissioner John Collier apparently ever read Rose's report prior to making an important decision that would impact Pipe Spring National Monument and the Kaibab Paiute for decades to come. For some unknown reason, Pinkley did not mail Cammerer the Rose report until October 12, 1933. [819] On October 13 Collier informed the Secretary of the Interior that an agreement had been reached between the National Park Service and the Indian Service over the division of Pipe Spring water. It was agreed that the cattlemen had a moral if not legal right to one-third of the monument's waters, wrote Collier. As for the two agencies,

It is understood that the Park Service is agreeable to the issuance of regulations providing for a division of the available waters of Pipe Springs (three springs) on the basis of one-third to the Park Service, one-third to the cattlemen, and one-third to the Indian Service. It would appear that such a division, if the water be properly measured, would under normal conditions take care of the respective needs. It is therefore recommended that in lieu of and without definitely settling the legal rights of the respective parties, that regulations along the lines above suggested be approved. [820]

Director Cammerer signed his concurrence to the letter on October 17, 1933. Collier then submitted a draft of the regulations with his letter to the office of the Secretary of the Interior. On November 2, 1933, Assistant Secretary Oscar L. Chapman added his concurrence to Collier's letter and approved the draft regulations. Thus on November 2, Department of the Interior's "Regulations for the Division of the Waters of Pipe Springs" took effect. (See Appendix V.) In addition to the three-way water division, the regulations called for installation of water measuring devices to ensure equitable division. The cost of installation, maintenance, repairs, and replacements was to be borne equally by the three parties. Each party was given the right to inspect at any time the records of the division of the waters but not to tamper in any way with the water meters. The regulations finally stated, "Nothing herein shall be construed as in any way affecting or determining the respective water rights of the parties here referred to. The right is reserved to modify, amend or change these regulations as conditions may warrant." [821] Thus while the division of Pipe Spring waters had now been agreed upon, the legal question of water rights at the monument still went unanswered. [822]

The cattlemen got word that the Indian Service had agreed to recognize their right to one-third of Pipe Spring waters from Congressman Murdock, who telegramed the news to Heber J. Meeks in October. [823] They also learned they had been given a right-of-way to pipe the water off the reservation, although the cattle business that year had been so bad, this was not something they could immediately afford to do.

On October 28, 1933, just before the Department's water regulations were issued, Associate Director Demaray wrote Pinkley acknowledging receipt of the Rose report, "one of the finest reports on the Pipe Spring situation that we have ever had in this office," opined Demaray. [824] He informed Pinkley that the water situation "has tentatively been settled" and described the three-way division agreement reached between the Park Service and the Indian Service. "It is believed that this distribution will be commensurate with satisfactory development at the monument as proposed," Demaray wrote. [825] Upon hearing of the agreement, Chief Engineer Kittredge wrote Director Cammerer saying, "I think the allotment of water is very fair, and the Park Service certainly will have all it needs under this agreement. At least that is the impression that I have gained from the various reports, and especially Mr. Parker's. I am very glad that this has reached the settlement stage and that the Indians also are properly taken care of." [826]

During October 1933, the Indian Service had two men working to enlarge the Indian pond, the Tribe's reservoir for its one-third share of Pipe Spring water. It was to be 130 feet long, 90 feet wide, and 6 feet deep, reported Heaton. [827] As of November 20, Heaton had still not been informed of the decision made in Washington, D.C., about the division of water at Pipe Spring. [828] He learned simply by chance on November 16 when Dr. Farrow and a Mr. Hubble of the Indian Service came to the monument to collect information necessary to determine the type of dividing weir needed and the manner in which the cattlemen's water would be piped off the monument. The government was to pay for the pipe, Heaton was told, and the stockmen were to furnish the labor of trenching and laying it underground. The question of who was to use water from tunnel spring was to be settled by the Park Service and the cattlemen. The Indian Service representatives mentioned wanting an agreement prohibiting further development of water at Pipe Spring. Heaton wrote to Pinkley, "I think the reason that the Indian Service wants that agreement is so that they can develop the little spring just north of the monument and if we should get more water here it might have some effect on their getting the water up there." [829]

In late November Chief Engineer Kittredge asked Zion's Assistant Superintendent Parker to go with Engineer Arthur E. Cowell to Pipe Spring to take the necessary measurements and to collect data for a map to be used to base recommendations "for future piping, troughs, reservoirs, etc." Parker responded that he and Cowell were very busy with public works and civil works programs, but would try to get there on a weekend to do the work. That month plans for the division weir were drawn up, as shown in figure 64.

64. Sketch map of Pipe Spring National Monument and plan for division box, November 1933
(Courtesy NPS Water Resources Division).
(click on image for an enlargement in a new window - ~127K)

Based on information provided by Parker and Cowell, Kittredge had a sketch of Pipe Spring made in December 1933 (see figure 65). It apparently was drawn up as a reference by Cowell and Parker for use in surveying the water issues and was not meant to be complete, nor is it (the west cabin does not appear on the map). Development of the water system, laying of the cattlemen's pipeline, and installation of the division weir would all take time. The new system would not be in place until late summer 1934.

65. Sketch map showing water situation, December 1933
(Courtesy National Archives, Record Group 79).
(click on image for an enlargement in a new window - ~52K)

New Deal programs began to impact Pipe Spring and other area parks beginning in November 1933. By December work projects were in full swing. These programs and related monument developments during the Great Depression are the subject of the next chapter.