# Report of the Oregon Conservation Commission to the Governor/1913

Includes Appendix which may apply to all seven of the reports (unclear without closer reading)
REPORT
OF THE
OREGON CONSERVATION COMMISSION
JOSEPH N. TEAL, Chairman, Portland
WILLIAM POLLMAN, Baker
MRS. JOSEPHINE HIRSCH, Portland
C. B. WATSON, Ashland
B. F. IRVINE, Portland
FRED F. HENSHAW, Portland
CHARLES D. MAHAFFIE, Assistant Secretary, Portland
TO THE
Governor
November
1914
CONTENTS
Page
Letter of Transmittal 7 Introduction 9 Oregon's Forest. 11 Progre.. Lu Poret Protection 12 Cooperation the Key Note 12 OrganIzatIo of Patrol AasocatLons 13 The CompLilsory Patrol Law 14 The Weeks law LB Added Approl,rlatlon for Foreot Work Th A State Forest ‘0 Forest Protedilon and the Oame Laws 10 Forest Tantion 17 Conclusions Ig State ,. National Control of Public Forests 20 Otschute. and Paulin, National Foreits 22 Homesteads fl the National Forests 23 Barlow Toll Road 27 Logged.off Land, 29 Public Lands I” Oregon 31 Mtheral Industries 34 Qregon Bureau oF Mthes and Geology 35 Homestead Laws aod RegtiIaUos so Cultivation Required a6 Reduction of OultIvaton as Possible Amendments 40 Second Hoinetead Entries 41 Land Office Decislon 41 Free Use of Timber on Public Lands 48 Dviopment of Water Power and Use of Public Lands in Relation 44 44 44 45 U 46 47 48 4S 49 50 SI 61 Thereto StatendNatIoi,aIControl Te Situatin The Problem Public Policy Investment and Development Undeveloped Power Public Tnterot Protecting (he Public Interest The Commfnlcn’a Conclusions Dams ii Navigatle Waterways Land and Waler Resources Topographic iVork Streamoaging ​Water Power 55 Available Water Power 55 Power Tributary to Portland 57 Water Power and the Fertilizer Industry 60 Co-operative Work 65 Columbia River Power Project 68 Co-operation with Federal Government 69 Investigations at Site of Proposed Development 69 Investigation of Market Possibilities 70 Importance of Project 70 Pumping Projects 70 Water Transportation 71 Organization of Ports 71 Municipal Docks 71 Wider Use of Waterways 72 Opposition to Waterway Development 74 Plans for Development 75 The Umatilla Project 76 Water Supply 76 Engineering Data 76 Diversion Dams 76 Irrigation Plan 76 West Extension 77 Settlement 77 Agricultural Conditions 78 Investigation of West Umatilla Project, 1914 79 Soil 79 Crops 79 General Conditions 79 Water Supply so Sandy Hill Area 80 Financial Conditions 80 Conclusion 81 The Tumalo Project 82 Extracts from the Law 83 General Description of Works 84 Disposal of Lands 84 Conclusion 8^ Denver Irrigation Conference 8C Fish and Game 89 Feeding Fry Before Liberation 89 The Spring Chinook Salmon 89 The Columbia River Smelt 90 Game Protection and Propagation 91 Food Value of Our Game 92 Raising Game for the Market 92 Value of Wild Birds to the Farmer 92 Conservation of Bird Life 93 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/394 ​LETTER OP TRANSMITTAL.
Portland, Oregon, November 30, 1914.
To His Excellency, Oswald West, Governor of Oregon.
Sir: In accordance with Section 2731 of Lord’s Oregon Laws, which provides that The Commission shall prepare and deliver to the Governor on or before November thirtieth of each year a full report of its work, investigations and expenditures, setting forth the conditions of the natural resources of the State, together with such recommendations for legislation as may be deemed advisable, or other means to protect or promote the development and use of the Game, your Commission respectfully submits the accompanying report, and recommend that it be published as provided by law.
Respectfully
JOSEPH N. TEAL,
APPENDIX
THE OREGON WATER CODE.
The Oregon Water Code has been attacked in both State and Federal courts. In every case the present laws have been sustained.
As the Oregon Conservation Commission was largely instrumental in securing the passage of these laws, we deem it advisable to call attention at this time to the language used by the courts in construing the water code. Now that these laws have been tested in the courts and their construction is established, any amendments should he made only after careful consideration. This is not to say that the law is perfect, but only to advise special caution in attempting to modify it.
FEDERAL COURT CONSTRUES LAW.
The unsettled and complicated state of water titles in the state prior to the enactment of this law caused endless disputes, and water users often expended more money on litigation than the original cost of the works. Development was hampered, bad feeling was engendered, and valuable lands were rendered unsalable by the uncertainty of water titles. In one instance, a case involving only forty-three users was before the courts for ten years before a final decree was secured at great cost. Under these conditions the enactment in 1909 of a law providing for definite state control of diversions from streams, and a systematic record of old water rights, was welcomed by thousands of water users, and all others interested in the development of the state's water resources.
The provisions of this law are concisely outlined in the decision of the Federal District Court for Oregon, in the case of In Re Silvies River (199 Fed. 495), as follows:
   In February, 1909, the Legislature of Oregon passed an act for the regalution, control, distribution, use and determination of the existing rights to the use of the waters within the state. (Laws of 1909, p. 312.) It divides the state into two water divisions, provides for election of a state engineer and superintendent for each division, authorizes the creation of the necessary number of water districts, and the appointment of a water master for each district. All applications for the use of the unappropriated waters of the state are to be made to and approved by the state engineer. It is the duty of the water master to divide the water of the natural streams or other sources of supply in his district among the several ditches and reservoirs according to their respective rights, and in general to supervise and control the use and distribution thereof, subject to the general supervision of the superintendent and the board of control (State Water Board). The division superintendent is given general control over the water masters and the execution of the laws relating to the distribution of water within his division with authority to make (illegible text) reasonable regulations to ensure the equal and fair distribution thereof ịn accordance with the determined rights as may be needed, not inconsistent with the laws ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/490 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/491 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/492 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/493 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/494 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/495 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/496 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/497 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/498 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/499