# Report of the Oregon Conservation Commission to the Governor/1912

REPORT
OF THE
OREGON CONSERVATION COMMISSION
TO THE
Governor
NOVEMBER
1912
Oregon's countless resources require development. To bring this about progressive legislation, extending State aid in the work, is necessary.
REPORT
OF THE
OREGON CONSERVATION COMMISSION
TO THE
Governor
NOVEMBER
1912
SALEM, OREGON
WILLIS B. HENWAY, STATE PRINTER
1912
Letter of Transmittal 7
Facts Regarding Oregon's Resources 9
Synopsis of Recommendations 11
Introduction 13
The Conservation Movement 14
Forests 17
Forest Facts 17
Forest Legislation in Oregon 19
The Present Law 22
Existing Protective Effort 24
A State Forest 26
Reforestation Under State Control 27
Taxation 28
The State's Duty 28
Logged Off Land 30
Water Resources 34
Irrigation 34
Eastern Oregon 34
Western Oregon 34
Total Water Supply 36
Owyhee River 37
Malheur River 37
Burnt River 38
Powder River 88
Grande Ronde and Wallowa Rivers 39
Walla Walla River 39
Umatilla River 39
John Day River 40
Deschutes River 40
Hood River 41
Klamath River Basin 41
Interior Drainage Basin 42
Willamette River and Tributaries 42
Rogue River and Tributaries 43
Umpqua River and Tributaries 43
Present Irrigation 43
Drawbacks to Large Projects 45
Work of the Reclamation Service 46
The State's Interest in Reclamation 46 ​Irrigation by the State 47
Financial Plane 48
Deschutes River Project 49
John Day Project 51
The Oregon Water Code 52
Effect of the Law 52
Excessive Use Should be Prevented 6S
Proposed Changes in the Law 64
Water Power 58
Public Benefit 68
Cost of Power 59
Public Regulation, Ontario 60
Power Rates 60
Effect of Cheap Power in Norway 61
Cheap Power in Sweden 62
Cheap Power in Oregon 6U
Private Development and Concentration 64
Public Development 66
The Results of Public Control . 65
Developing the Power Market 67
Pumping for Irrigation 67
Conclusions 68
Land and Stream Surveys 69
Topographic Maps 70
Stream Measurements 70
Deschutes Power Report 70
Chemical Surveys 71
Mineral Resources 72
Non-Metallic Products 72
Metallic Products 74
Development Required ., 74
Recommendations 76
Water Transportation 78
Fish and Game 82
Game Laws and Their Administration 82
Propagation of Fish 83
Hatchery Site for Game Fish Sought 84
Protection of Fish 85
Protection and Breeding of Game Birds 85
Big Game Protection 86
Recommendations 87
Activities of the Commission 89
Stimulating Interest in DiversiliEd Farming Semi-Arid Sections.... 89
West Umatilla Project 91
Central Oregon 92
National Matters 93
Financial 94 ​APPENDIX.
Utilization of Cheap Water Power in Norway and Sweden.. 99
Chemical Industries of Norway 99
Electric Heating in Norway 103
Electric Heating in Sweden IIM
Production of Pig Iron by Electricity 106, 107
Air Nitrate Fertilizers 108
Initial Shipment of Air Nitrates from Niagara Falls 110
Production of Aluminum, Switzerland Ill
Paper Pulp Industry — New York Ill
Electric Reduction, Iron and Steel, United States 112
Industrial Conditions at Niagara Falls 112
Public Control of Power in Uruguay 113
Future of the Air-Nitrate Industry 115
Proposed Water Power Law of New York 116
—Oregon's Forest Fire Law 125
Oregon's Water Code 181
LIST OF ILLUSTRATIONS.
Blue Lake Near Summit of Cascades 8
Irrigation in Umatilla County 15
Pacific Coast Douglas Fir 16
Lower Canyon of Rogue River 33
Irrigation from Powder River 35
Diversion Dam for Irrigation, Baker County 37
Feed Canal, U. S. Reclamation Service, Hermiston, Or^fon 50
Benham Falls in Deschutes River, Crook County 57
Cazadero Plant on Clackamas River 71
Middle Falls of McKenzie River— 60-Foot Drop 93
Undeveloped Water Power 96 ​LETTER OF TRANSMITTAL.
Portland, Oregon, October, 1912.
To His Excellency, Oswald West, Governor of Oregon:
Sir: In accordance with Section 4 of Chapter 81, Laws of 1909, which provides that "The Commission shall prepare and deliver to the Governor, on or before November 30th of each year, a full report of its work, investigations and expenditures, setting forth the condition of the natural resources of the State, together with such recommendations for legislation as may be deemed advisable, or other means of protecting or promoting the development and use of the same," your Commission respectfully submits the accompanying report and recommends that it be published as provided by law.
Respectfully,
Joseph N. Teal,
BLUE LAKE NEAR SUMMIT OF CASCADES
Good reservoir sites are rapidly becoming an important factor in the development of our water resources, now that the summer flow on most streams is over-appropriated, and the laws make possible the protection of stored water in transit along natural stream channels to the place of use.
FOURTH ANNUAL REPORT
OF THE
OREGON CONSERVATION COMMISSION
TO THE
GOVERNOR
FACTS REGARDING OREGON'S RESOURCES.
Oregon has one-fifth of the standing timber in the United States, or H5,800,000,000 board feet. The value of this timber, on the stomp, is not less than $680,000,000, and when manufactured it will be worth at least $6,822,600,000.
Oregon stands fourth in the list of lumber producing states.
Oregon's timbered area is approximately 25,000,000 acres.
Already the revenue derived from timber exceeds that from wheat, fruit, vegetables and fish combined.
Oregon streams are capable of supplying water to irrigate fully 4,000,000 acres of land.
Of the above fully 2,000,000 acres can be irrigated at a cost of $30.00 to $60.00 per acre, and this land now worth $10.00 to $30.00 per acre would be worth from $100.00 to $500.00 per acre, as well as supporting from 6 to 10 times its present population.
Deschutes River alone, if the work is carefully planned, will furnish water to irrigate nearly 500,000 acres of land.
Of the total area (686,129 acres) of irrigated land in Oregon, only 3.2 per cent has received water through the U. S. Reclamation Service, 3.6 per cent through the Carey Act, 11.3 per cent through commercial enterprises, and most of the balance has come about through individual or partnership enterprises. ​Oregon streams, now unused, are capable of producing 3,300,000 electrical horsepower. Steam engines would consume 36,000,000 tons of coal annually to produce the amount of power going to waste in Oregon's streams.
The total amount of power used in New York State at the present time does not exceed 1,000,000 horsepower, exclusive of locomotive engines.
961,000 acres will be added to the irrigated area of the State if these works are constmcted and 176,000 additional horse-power developed. The payment to the State of $47,600 by the promoters is substantial evidence of good faith.
1068 early rights to water have been completely defined and recorded under the new water code aftectii^ 106,686 acres of irrigated land on fifteen different streams at a cost to the water nsers of only $11,176, all without a single appeal to the supreme court. Adjudications are well nnder way on eight additional stream systems, affecting in all 275,000 acres of irrigated land.
Oregon is one of four states which have taken no decided steps to determine the amount of their mineral resources.
SYNOPSIS OF RECOMMENDATIONS
BY
OREGON CONSERVATION COMMISSION.
FORESTS.
An appropriation by the 27th Legislative Assembly of not less than $100,000 for the succeeding two years, for forest protection and perpetuation.
Changes in the present system of taxation, in order to encourage owners of timber to hold their cut-over lands for a second crop.
The acquisition of a state forest through exchange of school sections within National Forests for a solid block of timber.
Provision for purchase by the State of cut-over and burned-over lands for re-forestation purposes, these lands to be held in perpetuity as a State Forest.
LOGGED-OFF LANDS
Provision by the State for assisting financially, settlers who wish to improve logged-off lands, in order that these lands may be speedily settled; the State to require return of funds advanced, with interest.
IRRIGATION.
Appropriation by the Legislature of $50,000 for detailed irrigation and water power investigations on specific projects, the State to be reimbursed for the cost of any investigation by those who ultimately construct the project. The withdrawal of water rights should precede investigations by the State, in order to protect its investment.
Submission to the people of a constitutional amendment providing for a bond-issue for irrigation and water power development by the State; the money expended being secured by a lien on the land developed or works constructed, and the work to be carried on in cooperation with the U. S. Reclamation Service.
OREGON WATER CODE.
That the amount of water to be allowed the irrigator be limited to not more than one second-foot for eighty acres.
Provision for additional funds for employment by the Water Board of further clerical assistance, and increase in the salary of the State Engineer to an amount commensurate with the duties and responsibilities of that office.
WATER POWER.
State construction and control of sufficient power projects to regulate the market and insure cheaper power. With an abundance of cheap power available many new industries will spring up and the water resources of the State will serve to assist in its industrial development.
MINERAL RESOURCES.
That the Governor be empowered to appoint a State Geologist and that $10,000 be appropriated to carry on economic geologic and soil surveys in cooperation with the U. S. Geological Survey and Bureau of Soils.
WATER TRANSPORTATION.
The systematic improvement of water-ways and harbors of Oregon in close co-operation with the Federal Government.
FISH AND GAME.
Greater State aid and an active campaign to secure further Federal aid in maintaining and increasing our supply of commercial fish. Proper provision and adequate laws for protecting game and fish along the lines to be recommended by the State Board of Fish and Game Commissions.
FINANCIAL
INTRODUCTION.
In submitting this report the Commission again calls attention to certain conditions relating to the care and wise use of our natural resources, which should receive the attention of the legislature and the people. Though progress has been made, we feel that Oregon is still far behind the procession in matters of this kind, a fact to be particularly deplored in view of the great resources available for use, and which will be used if proper provisions are made.
One of the principal duties of this Commission, as prescribed by law, is the recommendation of legislation affecting our natural resources. It has been the aim of the Commission to make its recommendations in the light of experience elsewhere, and with a view to practical common sense development which will build up the State and cause every dollar appropriated with this end in view to return tenfold in prosperity.
The development of natural resources and the securing of adequate laws to safeguard their use is not, however, a matter which can be speedily accomplished. Each step as a rule has to be heralded by a campaign of education. The Commission has not, therefore, recommended any comprehensive plan covering all phases of conservation and use of natural resources, but has each year taken up a few of the things appealing to it as being of most immediate importance. Working without funds with which to carry on investigations, it has been impossible to, as fully as seems desirable, disseminate information regarding Oregon's resources, one of the duties imposed by law upon the Commission. Were this work possible it is believed that progress in securing a live interest on the part of people generally, regarding our natural resources, would be far more rapid.
That some body in the State must be engaged in collecting and disseminating data concerning lands, waters, forests, fisheries, minerals, and matters of this kind, seems imperative. These resources are either going to be wisely used or to a large extent squandered. The time has long since passed when people held that a State's activities should not enter the field of promoting the economical use of resources in order that the State get the maximum benefit from these resources.
The Commission in the following pages of this report sets forth some of the things Oregon should do. The need is urgent. The State's duty is entirely clear.
THE CONSERVATION MOVEMENT.
The movement to regulate the use of natural resources in order that all classes may receive their just share of benefit through the exploitation of these resources, has now reached a practical working stage. This is shown by the creation of numerous state conservation commissions, nearly all of whom are working out the problems confronting them by securing adequate state legislation, with funds for administering the laws enacted as well as co-operating closely with the Federal Government in matter which can best and most economically be so handled. The propaganda stage so necessary at the start is now rapidly being replaced by an era of practical constructive work which will have lasting and increasingly valuable results.
The word "conservation" has in the past been used by many misinformed or purposely misled people to typify all that is theoretical, visionary and impractical in dealing with those matters which conservationists have sought to remedy. The questions taken up by this commission and carried to successful issue such as the securing of an adequate water code, modern forest legislation, topographic mapping in co-operation with the Geological Survey and matters of this kind will appeal to citizens of the state as being not visionary but practical; not theory but actual necessities.
Such work as securing settlement of our logged off lands, water for our arid sections, cheaper power for the industries which we have and for those which would come, were this cheap power available, the study of our mineral resources, the protection of our forests and like matters, are being realized as necessities. What other countries have found necessary we also will find to our benefit. To disregard the experience of other states and countries is foolish in the extreme. To fail of action until our resources are largely dissipated would be short-sightedness, for which, in the light of experience right at home, there would appear to be no justification.
As in the case of many other great movements the Federal Government, through the work of the Forest Service, the Reclamation Service, the Geological Survey, and other branches, has shown the way to a practical working out of our problems. And these Federal bureaus now stand ready to assist the states in work which they are beginning to take up.
Through cooperative agreements it is possible to secure the services of experts in almost any line at an expense far below that of hiring such men engaged in private endeavor. ​ That the time will come when every state will have in its service men capable, through experience, to deal with its problems, is entirely probable. Until considerable advance has been made, however, safety lies in taking advantage of the experience of the Federal Government in prosecuting state conservation work.
OREGON ADVANCING.
Each year progress has been shown. Our forests are being better protected, water troubles are more equitably and expeditiously adjusted, we bid fair soon to have a state forest.
and information regarding the power and irrigation possibilities of our streams is being secured.
Oregon has, however, done little to stimulate interest in her mineral deposits, and the arid and logged off lands are not being reclaimed with the rapidity desired or expected. The consideration of these matters is of vital importance, and the way to improve conditions is briefly pointed out in this report.
FORESTS.
FOREST FACTS.
Oregon stands fourth in the list of lumber producing states, having advanced from twenty-third place in the last ten years.
The last census shows 34,722 people engaged in manufacturing industries in Oregon, of which 16,833 or 60 per cent are employed by the lumber industry.
Out of a population of 672,765 people in Oregon, 84,000 or one-eighth of the total population is directly dependent upon the lumber industry. No other manufacturing industry in the State employs one-tenth as many men as this one.
Oregon's mills in 1910 cut 2,084,633,000 board feet of lumber; 319,894,000 shingles; and 190,660,000 lath.
The value of the above was $30,200,000 or 32.5 per cent of the total value of manufactured products in the State.
Over $70,000 of outside money is each day brought into Oregon by the lumber industry.
Over 80 per cent of the value of Oregon's timber products is paid out for labor, taxes, rent, etc. The lumber industry pays out for wages a greater proportion of the value of its product than any other industry.
The last census shows that out of 55 manufacturing establishments in Oregon employing over 100 wage earners 33 were engaged in the lumber industry.
Oregon's timber pays a large part of the taxes of the State, in some counties the bulk of them.
Eighty per cent of our outgoing freight is lumber.
Oregon has one-fifth of the standing timber in the United States, or 545,800,000,000 board feet.
The value of this standing timber is not less than $680,000,000 and when manufactured it will bring into the State for circulation at least $6,822,500,000.
Already the revenue derived from Oregon's timber exceeds that from wheat, fruit, vegetables and fish combined, and cutting has hardly begun.
Oregon's timber area is approximately 26,000,000 acres, of which about one-half is publicly and one-half privately owned.
Timber owners spend each year to protect their property against fire from $160,000 to $200,000 and employ about 240 patrolmen. The State expends $30,000 yearly and received, in 1912, $10,000 from the Federal Government for patrol. They employed, in 1912, 88 patrolmen.
​Approximately 4,000.000 acres of Oregon timber, or 160,000,000,000 board feet, has so far been destroyed by fire. This timber if standing would be worth at least $240,000,000.
A few of the states that spend each year large sums for forest work are: Maine, $68,000; Minnesota, $75,000; New York, $149,000; Pennsylvania, $313,250; Washington, $38,000. Oregon, with one-fifth of all the standing timber in the United States, spends only $30,000.
Oregon's forests still constitute, next to land itself, her greatest natural resource. Though ravaged for centuries by destructive fires and insect pests, and though some four million acres, nearly one-sixth of the present forested area of the State, has been denuded through lack of protection, there still remains a wealth of timber far surpassing that of any other State in the Union.
Viewed from any standpoint Oregon's forests are worthy of every protection with which they can be surrounded, and in affording this protection the Government, State and private owners must work harmoniously together.
The past two years have been for Oregon the period of greatest advancement in forest protection, brought about in no small degree through the influence of an excellent forest law passed by the legislature of 1911. This legislature, though making an appropriation which, when compared with those which went before it, might seem liberal, still failed fully to appreciate the absolute necessity for the State's taking a leading hand in forest protection, and did not furnish sufficient funds to secure for the ordinary years the results which the people can reasonably expect.
Oregon is still far below the place she should occupy among timber states in forest protection and management. Other states with not one-fiftieth part of our resources are each year expending from two to ten times more money than we are in safeguarding their forests. Viewed from a strict business standpoint, Oregon could well afford to expend in protection five times the present appropriation for this purpose. During the one year of 1910 forest fires took from the State property which had it been saved would at some time have brought in over $23,000,000 of outside money. In 1911 destruction through fire was reduced to less than one-twentieth of this amount, and 1912, when final figures are available, will show an equally gratifying condition of affairs. This bettering of conditions is not due to chance, it is the result of greater activity on the part of all agencies—Government, State and private.
​It is conservatively figured that had the 4,000,000 acres of timber in Oregon destroyed by fire been available for taxation the past year they would have returned a revenue of not less than $1,400,000, Had this property been protected tax payers of the State would have been better off by the above amount.
When it ia considered that destruction of timber results not only in reducing taxable property in the State, but takes away a large field for labor, affects directly our agricultural development, and that of manufacturing industries, it is not difficult to realize the State's responsibility in protecting this the most vulnerable of its natural resources. No conservation question 80 directly affects the people as this one; none should receive more careful consideration by the Legislature. Wise action will result in doing away with the needless destruction of timber; failure so to act can only result in each year increasing the burden of taxation to be bourne by farm and other property, as well as taking from the State a field for labor, which means less rapid increase in population and a smaller amount of money in circulation.
FOREST LEGISLATION IN OREGON.
In Oregon, as elsewhere, the realization that injury to forest resources and forest industry is a community injury, and that failure to insure against it means loss to every citizen, has been of gradual growth. Oregon's possession of more forest wealth than any other State tended for a time to produce indifference, instead of a logically greater concern because it had more at stake, and in establishing the existing protective system less than two years ago it was the last of the Pacific forest states to give the subject serious attention.
The first legislative recognition was of simple property rights, when in 1864 to set fire to "prairie or other grounds" was included among trespass prohibitions and an injured party was thus given opportunity to prosecute. The same principle underlaid more specific sections added to the criminal code in 1893, providing punishment for both wilful and negligent kindling of fires injuring woodlands or property. There was no other acceptance of responsibility by the State for enforcing these laws. Their violation was not the signal for any official effort to punish the offender for a crime against the community, like murder, robbery, or even arson. Indeed it was impracticable to secure much official aid in prosecution instigated by an injured party. Offenses were regarded as personal property affairs, interesting only those involved, and juries were more apt to sympathize with a defendant than with a complaining property holder.
​A change of view was indicated when in 1899 an act establishing a State game and forestry warden, with deputies, included among their duties the enforcement of statutes for . "the protection of forests and timber lands from fire," But although this was significant in reflecting a more modern attitude, and undoubtedly had a restraining effect upon carelessness in some localities, the act was primarily a game law and by emphasis discouraged its executives from any fire work not easily incidental to their more specific duties in localities determined wholly by the requirements of game protection.
In 1903 a measure recognizing the duty of the State to enforce any forest laws on its statute books was passed by the Legislature largely upon the insistence of the timber interests. It provided for a state forest commission of five members from as many districts, for county fire wardens paid by the State, for additional rangers paid by the Counties, and instituted a close season and burning permit system. This bill was vetoed by Governor Chamberlain (who later became an advocate of forest protection) because it involved expense to the tax payer.
In 1905 many features of the bill vetoed two years before were returned to the Legislature in one which abandoned hope of State aid, but authorized county courts to appoint wardens paid by timber owners and required burning during the close season to be done under permits from county clerks. This was passed and became the State's first serious fire law.
During the following two years, considerable opposition to the law grew up, because while it required settlers to get permission for burning to clear land, this was obtainable only at the county seat and was good for so limited a time that much difficulty resulted. When the Legislature of 1907 convened nearly a dozen members were pledged by their constituents to introduce bills repealing the law. This threatened to destroy all forest protection in Oregon. Those most interested in preserving it, the forest owners, could do little on their own initiative for they were regarded as responsible for the objectionable permit section, and consequently shared in the hostility against the measure.
At this juncture one or two representatives of the federal Forest Service, naturally desirous of promoting forest protection, took the opportunity afforded by the agitation, and visiting Salem quietly proposed to some of the interested members the substitution of a measure which would meet all objections to the old one yet contain many new elements of advance. The result was the bill introduced by Senator ​Bingham, and passed with little change, establishing a State Board of Forestry, outlining the State's functions in forest protection, classifying and tightening the punitive sections, and providing for the first time a state-controlled warden force with police authority and power to issue burning permits. This force was appointed by the Board but served voluntarily or under compensation other than by the State. It was still impossible to secure any appropriation further than $250 a year allowed for postal purposes.
This act created a framework of State sanction, enabling such additions for actual work as other agencies would contribute, and progress up to a certain point was rapid. The Board of Forestry was unpaid, but being composed by the act itself of representatives of interested institutions, did not remain inactive. A volunteer secretary did the necessary office work and funds for its correspondence and postage were contributed by the Oregon Conservation Association. With the encouragement of State backing, morally if not financially, timber owners greatly increased their patrol activities. Much was done to arouse public sentiment. Still, such a system was absurdly inadequate and its accomplishment was hardly more than proof of real demand and opportunity for serious work by the State itself.
Attempt to obtain an appropriation by the Legislature of 1909 failed partly because of imperfect organization and partly because of insufficient plans to amend the act so as to convert its voluntary machinery into a systematic branch of government expenditure. But during the following two years general public progress in forest protection was marked in Oregon. The timber owners' patrol associations of the other northwestern states organized the league known as the Western Forestry & Conservation Association which became a powerful agent in moulding sentiment throughout the Coast. It brought about organization of Oregon owners in the Oregon Forest Fire Association and continued to act with this organization in stimulating co-operative patrol in the State. The Oregon Conservation Association continued to devote most of its energy to the subject and the State Conservation Commission, previously engaged more actively in water questions, centered upon it.
By the close of 1910, a bad fire year in which the federal Forest Service and the Association demonstrated the profit of organized expenditure, the friends of forest protection were united to work harmoniously and effectively and there was also more general interest than ever before. Oregon had not ​shown to advantage by being the only state in the Pacific Northwest to meet such a season with no facilities except the militia to protect the lives and property of its citizens. Loss of both was heavy. A complete and modern forest bill prepared jointly by the State Conservation Commission and the Western Forestry & Conservation Association and endorsed by all similar agencies, was introduced in the 1911 legislature by Representative Buchanan, and, after a brief skirmish with the old-time opposition, received overwhelming public support and was passed almost unanimously.
THE PRESENT LAW.
The forest law, now in operation, is based upon the principle of encouraging every element to bear a share of the protection burden. It stimulates private effort and provides for relieving the State, so far as is found wise, from such responsibility and expense as can be secured through the interest and practical efficiency of timber owners. At the same time it retains sufficient state control and permits the State to act where private effort cannot be depended upon. It encourages county and federal, as well as private, participation. It has been notably successful in thus securing expenditure by others than the State, and in bringing all agencies into a co-operation which minimizes frictional or duplicate effort. It is the only western forest law which keeps the appointment and direction of the State Forester wholly out of politics.
The salient features of the law are (a) a Board of Forestry consisting of the Governor, the head of the state forest school, and five representatives of the agencies most competent and interested, like the federal forest service, the state grange, and the lumbermen's and timber owners' associations; (b) provision for both state-paid and voluntary fire wardens; (c) encouragement of co-operative private or county patrol work under organizations and districts approved by the State; (d) provision for financial co-operation with such patrols by the State Forester, when this is to public advantage; (e) comprehensive punitive sections, strictly regulating the use of fire and the disposal of inflammable material, yet flexible enough to permit suitable application to varying conditions.
Two years of operation have developed no weaknesses of consequence, proposals of amendment being very few and confined wholly to minor technical points of the punitive principles. It would be extremely unwise to amend the present law except to make certain changes in reference, necessary because of mistakes made in committee when the first draft ​of the bill was slightly rearranged. The chief point of concern in the present bill is the adequacy of appropriations to maintain a sufficient warden force. While the present appropriation of?30,000 a year may serve in unusually favorable seasons, such as that of 1912, when eked out with funds contributed by the federal government under the Weeks Law, it is manifestly a pitifully small insurance of the tremendous community values in life and resources that are hazarded by every bad year. It has been adequately shown that the State Board will exercise care in the expenditure of funds intrusted to it. Fire protection, the most important matter for immediate consideration, is a matter for which the expenditure cannot be accurately foretold each year. An appropriation to meet at least the ordinary year should therefore be made and if conditions prove favorable and expenses correspondingly low unexpended money can be returned to the treasury. If funds are insufficient on the other hand a vast amount of property and even human life may be sacrificed for want of a few thousand dollars.
In approaching recommendations for further forest legislation, it may be well to outline the objects to be sought. To disregard details and confine the list to fewest possible inclusive essentials of a comprehensive state forest policy, these may be stated about as follows: Adequate fire protection, application of forestry priciples to cut-over land, acquisition by the State of lands fit only for growing timber, scientific taxation of timber lands; facilities for educational work along the lines of forest economics.
We have seen that, except in appropriation, Oregon has the first of these things satisfactorily established. The last has also a preliminary framework, for the same law provides for technical and educational work when time and money build up facilities. The other points it has not yet considered. Although less immediately urgent than fire protection, they are equally essential in any far-seeing permanent policy. History elsewhere has shown that it is good policy for the State to own a large proportion of its land which, while capable of growing forest, does not promise a truly prosperous condition of settlement If all such land is in private ownership, too * small a proportion is made to produce wealth to its fullest capacity, or, through enhancing in taxable value, to contribute its due share to the cost of government. Private forestry should be encouraged, but it is deferred by delay in securing necessary conditions. Moreover, it will always be confined to the most promising areas. State action will hasten results, secure them on lands otherwise likely to remain waste, and is ​ peculiarly profitable as a public enterprise both because the State has the competitive advantage of freedom from taxation and because it has not the freedom of private enterprise in profiting by highly remunerative business projects which involve corresponding risk. Old countries have proved that forest growing affords the State a large, safe and permanent revenue which, of course, reduces taxation upon all citizens.
EXISTING PROTECTIVE EFFORT.
As has been indicated forest protection in Oregon originates from four sources (1) The Forest Service, which takes entire responsibility for the proper care of the National Forests, comprising about one-half of the timbered area of the State; (2) The State which through its own appropriation of $30,000 yearly and the Federal funds provided under the Weeks Law (in 1912 $10,000) puts on such patrol as funds will permit of; (3) The timber owners who through associations and individually each year expend some $150,000 to $200,000 for patrol, fire fighting, and the building of trails and telephone lines; (4) Counties, who under the law may independently appro priate funds for protection purposes.
The past few years have seen rapid strides in the quantity and quality of protection given to Oregon's private lands. Some eight or ten years ago individual owners began the patrol of their holdings, but by far the bulk of them have not up to within the past three or four years taken any lively interest in protection. The passage of a (ire law carrying an appropriation with which to hire men to enforce its provisions, the formation of the Western Forestry & Conservation Association, and of the Oregon Forest Fire Association, have however, been the means of bringing system into the work and securing results accordingly.
There are now actively engaged in protecting Oregon's timber eight county patrol associations, covering ten counties. Six of these organizations have been formed within the year. The State Board of Forestry and the State Forester cooperate with these patrol Associations so far as this is justified and funds will permit.
Though practically all of Oregon's timber is now receiving some protection a considerable amount is not adequately looked after. About one-half of the privately owned land would receive no protection were it not for the funds provided by the owners of the other half. Part of this area is owned by claim holders, but a considerable amount belongs to those who see fit to profit by the progressiveness of their neighbors. ​ However, it is an encouragement that each year the number of those who fail to share in the coat of protection grows smaller.
Though accurate figures of cost for 1912 are not at the time of writing this report available the following figures are approximately correct:
The area patrolled by cooperative associations is approximately 6,300,000 acres and the cost per acre varieS from V^c to Sets. This cost, however, includes a considerable amount of trail and telephone line building. The balance of the area is patrolled by the State and individual private owners, the State assisting in the areas covered by the cooperative patrols. The cost to owners maintaining individual patrols was for 1911 a little over 4cts per acre and will be considerably less for 1912 due to a smaller amount of fire fighting.
During the past summer approximately 330 wardens patrolled the area outside the National forests and were paid as follows by state and counties, including men hired from Weeks Law funds, 88; by timber owners, 242; besides this number 82 men served as voluntary wardens at the request of the State Forester. This is a considerable increase over the number of wardens employed under pay during the summer of 1911, and marlts a step forward in forest protection.
The loss of timber in 1911 was the smallest ever recorded in Oregon, though the year was in many ways a trying one. The loss of 1912 will prove small, and but for a few disastrous fires in May, which started before patrolmen were put on, practically no loss would have been sustained.
The opinion that must be reached in reviewing progress made since the last report of this Commission is that the Forest Law has accomplished surprisingly good results. To sum up, it has brought about:
1. More careful observance of the law, and a consequent lessening of destruction of timber.
2. Better public sentiment affecting the forest wealth of the State.
3. Increased protection by private owners.
4. The introduction of system into forest protection, thus increasing eflficiency and reducing the fire hazard.
5. Moral, and in some instances, financial support of county ofllicials in ridding the State of destructive fires.
The State appropriation is, however, woefully inadequate. The Legislature of 1911 was asked to appropriate $100,000 for protection purposes, but only $60,000 was allowed to protect the most vulnerable of Oregon's resources. Each legislature appropriates many times the amount asked for forest protection ​ to maintain experiment stations, conduct faira and for other purposes calculated to assist the farmer. There is no criticism of such action on the part of the Legislature, The money serves a good purpose. However, the protection of our timber, next to the building up of agricultural pursuits, should receive the greatest amount of support from the State. Oregon's timber is valued At $680,000,000 on the stump. There is approximately 1214 million acres of timber land in the hands of private owners, public institutions of various kinds and the State. An appropriation of flOO,000 for two years would represent a yearly expenditure on the part of the State of less than .000074 cents per dollar of valuation or of 4 mills per acre. Surely the community interest in timber warrants this expense.
The value of timber is constantly increasing; with the opening of the Panama Canal and the consequent extension of markets, will come increased exploitation of timber, which means a field for more labor. Oregon needs people. A resource which will bring them into the State should not be wasted in order to cut down appropriations by a few thousand dollars.
Private owners have shown, and are showing, a disposition to do their part, but they should not be asked to bear the entire burden. The employees of timber owners cannot effectively enforce the law; nor will the private owner, unless necessity demands, patrol the foothill and brush covered lands where so many tires start which during bad seasons destroy thousands of dollars worth of property belonging to settlers. Over and above all this is the duty of the State to encourage and promote the protection of a resource in which every citizen has a stake. Other states with far less warrant for the action are alive to th's responsibility and are shouldering it to the best of their ability.
A STATE F0BE8T.
Oregon still retains title to about 50,000 acres of school land within the boundaries of the National Forests. The areas are scattered and consequently hard to manage in a consistent manner and in a way to return revenue to the State.
Governor West has consistently urged the exchange of these lands for a solid block of Government land so located that it could be economically managed and held permanently as a State Forest. The benefit to all concerned of such an exchange is obvious. It would eliminate from the National Forests, scattered holdings which they now have to protect without any ​return, and it would give the State an opportunity to demonstrate what it can do along actual forest lines.
With the office of State Forester already established and provided for and with a protection program being carried out the expense of administration to the State would be light, and in time through the sale of such timber as could safely be cut the forest would be a paying investment to the State. The scattered holdings could probably never be handled in such a way as to bring the maximum returns and the cost of administering them is sure to be excessive.
Legislative action is, however, necessary to carry out this plan. Congressman Hawley in January, 1912, introduced a bill providing for the exchange of the scattered holdings for a solid block of timber land, to be managed as a State Forest. Later Senator Chamberlain introduced a bill similar to that of Mr. Hawley's but specifying "that in fixing the value of State school sections offered in exchange the Secretary of Agriculture shall take into consideration the value of such lands to the State, by reason of their being available and salable for scrip or base for indemnity selection."
So far as known these bills were never released by the Committee on Public Lands, and further and more aggressive action will have to be taken at the next session.
Governor West has also had this matter up for consideration with Chief Forester Graves of the Forest Service, and the State Forester has been requested to select some area of National Forest land for which the State would be willing to exchange its scattered school holdings. This has been done in a tentative way.
It will therefore be seen that preliminary steps are being taken to secure a State Forest. The matter should not be allowed to drag. There is already precedent for the Federal Government allowing such exchange.
BEFOBESTATIOIT ITNXtBB STATE OONTBOI^
In addition to securing by the State under the most advantageous terms possible the exchange above referred to, it is felt that provision should be made for purchase by the State of denuded areas for purposes of re-forestation. The permanence of a great industry depends upon steps being speedily taken to insure a future crop of timber. The state is in a better position to take up this work than any individual. The state is free from burdensome taxation, and not requiring immediate returns on its investment, could at comparatively small cost secure property which at no far distant time would ​yield substantial returns. It would at the same time assist in perpetuating a vital industry and in rendering productive areas which,would otherwise lie idle. This step would be no new departure. Other states have profited by the lesson taught by older countries and have taken up this work, and there is no reason why Oregon should not make a beginning even though it be in a very small way.
TAXATION.
Reform in forest taxation involves constitutional amendment and radical departure from the existing general property tax, al! made peculiarly difficult by lack of general public grasp of forest economics from the community standpoint, and by consequent tendency to confuse what is really a public necessity with apparent incidental advantage to forest owners. It is further complicated at present by controversy over other proposed changes in taxation methods. It is axiomatic, proved by the course of every country where forestry is successfully practiced, that, in order to perpetuate forest production to be used and taxed, such production must not be penalized by confiscatory taxation. The course followed in all such countries, and recommended in this by every student of forest economics, is the most moderate taxation of forest land itself that is consistent with justice, with compensating taxation of the crop only when it produces revenue with which to pay.
Since conflicting amendments to the constitution are to be passed upon by the people subsequent to the issuing of this report, it cannot recommend legislative action governed by constitutional restriction. As a general principle, however, this Commission repeats its recommendation of every practical attempt to bring about ultimately the taxation of all forest crops upon their yield, instead of annually as part of the realty, and its belief that this end will be soonest accomplished by first applying such methods where they are most urgently needed—to the regrowth on burned and cut-over lands which otherwise will remain non-productive and unavailable for either use or taxation.
THE STATE'S DUTY.
It has been the aim of this report to state briefly some of our needs as aflfecting the forests, and to point out the way in which these forests do and will influence the up-building of the State. Too often in dealing with matters of this kind we are infiuenced and blinded by the apparent advantage to some class or classes of people. Until the law makers and the citizens ​fully grasp the community interest of our timber resources advancement will be slow. The danger lies in not grasping this until too late. The student of forest economics looking at the forests of Oregon from the view point of their effect upon agricultural development, the use of water for power purposes, as a field for labor affecting all classes, whether the professional or business man or the daily wage earner, and as a source of tax revenue, cannot understand why any state fails to exercise the most careful supervision over this natural resource. The fact that we have a wealth of timber has, however, blinded the ordinary citizen to its importance. A condition where timber, even fire wood, is scarce and has to be used sparingly cannot be realized by people living in Oregon, and yet such a state of affairs has come about in sections once heavily timbered and can come about here through failure to be forewarned.
It is not the desire of this Commission to recommend that any land which can be successfully tilled be kept in forest. A considerable area at present covered with timber will some day furnish farms for a growing population. But probably at least 80 per cent of the timbered part of the State can never be successfully used for agriculture. To find a use to which this vast area can be put and return revenue to the owners and taxes to the State is in itself an enormous problem. So far as can be seen its greatest use must be to again bear a forest crop. To see that this happens is certainly the duty of the State. It must not be left to chance, its performance must be assured.
The duty of the State must therefore be to encourage forest protection and perpetuation. The essentials to this are:
* Adequate appropriation of not less than $100,000 the next two years for forest protection.
* Such changes in the present system of taxation as will tend to encourage the private owner to hold his cutover land for reforestation purposes, and not prematurely strip his present holdings.
* The acquisition of a State Forest through exchange of school sections within the National Forests for a solid block of timber.
* Provision for the purchase of cut-over and burned-over land by the State and provision for the re-forestation of these lands which should be held by the State as a future supply of timber.
​LOGGED OFF LAND.
The question of subduing such of our logged off land as can be profitably put under cultivation is one receiving each year an increasing amount of attention.
A few years ago the use of such land for grazing purposes was advocated, and as land prices have increased the actual clearing of the land for the raising of field crops has been sparingly taken up.
In the State of Washington, the Southwest Washington Development Association has established a settler's agency, through which owners of logged off land can dispose of their property, under terms favorable to the settler. The movement was started primarily to secure for the State a larger agricultural population and put to useful purpose land which under ordinary circumstances would lie for a long period in a state of non-productiveness.
A periodical devoted to the question of logged off lands is now published in Seattle.
The State Geological Survey of Washington, in cooperation with the Bureau of Soils of the United States Department of Agriculture, has undertaken soil surveys of the logged off lands of Western Washington, beginning with the Puget Sound region. Two reports based on these investigations have already been issued and contain data that should prove invaluable in advancing the reclamation of this class of land.
Here in Oregon the logged off land question has received far less attention than in Washington. Attempts have been made to form an organization for the settling and disposal of logged off lands, and individual companies have offered reasonable terms of purchase to settlers, but lacking the vast area of stump land which our sister state, Washington, possesses, the movement has received no such support as in that state.
The question is, however, each year becoming more important in Oregon, and is one which should be faced and solved along right lines, if these lands are to prove a factor in the agricultural upbuilding of the State.
It is not a local question confined to the Columbia River or Willamette basin, but confronts, or soon will, every timbered county East or West of the Cascade Mountains. Just as it is necessary to so modify our tax and other laws as to allow of holding, after exploitation, the natural forest lands for succeeding crops of timber, so it is the part of wisdom to assist ​the farmer and home seeker in the clearing of those lands, which will, once this work is performed, add to the wealth of the State and help support her institutions.
Along lines looking to the settlement of land, therefore, two principal problems confront Oregon; the irrigation and reclamation of arid lands, and the clearing of logged off or burned over land. Each is of great importance. The former will be discussed under "Irrigation" in this report. The latter we wish to mention briefly as a matter which will soon have to be seriously considered.
COST OF CLEABINO HIGH.
The cost of clearing stump land, particularly in coast counties, has generally prevented the small man from undertaking it. In a few cases companies in a position to use machinery in the work have taken it up. The Federal Government, realizing the problem to be important, several years ago put in the field men to study new means for cheapening the removal of stumps. The result was a decided interest in "charpitting" as a means of stump removal. This process has proven of great value since it allows of clearing by a very small crew. Probably, however, by far the bulk of land clearing, on a small scale, is by use of dynamite and stump pullers. Larger companies use donkey engines, and at least one company a blow pipe process.
The cost of clearing land varies greatly. In the Cascades and in Coast counties, it will seldom fall below $50 per acre and may go as high as $200. In Eastern Oregon the work can often be done as low as $10 to $25 per acre.
When land so cleared has a sale value as fruit land at high price the cost is not prohibitive, but for the raising of ordinary crops the cost price plus clearing price often makes the investment seem a doubtful one. Again the purchaser of a piece of logged off land, even though he can tigure out a profit from farming the property after going to the expense of clearing the land, is not in a position to clear for want of funds. Most loggers are anxious to have their cut over lands put in cultivation, they are ready to sell the land at a reasonable figure and give liberal terms.
The Federal Government through the reclamation act and the states through the Carey Act are able to help settlers by putting water on their land and allowing them to pay for it over a term of years. It would seem that provision should be made for assisting the prospective land clearer by advancing him funds which should be paid back with interest, the land ​being the State's security for the loan. This is already being
done in some form in many European countries. The details of a plan such as suggested would require careful working out to insure safety for the State in its investment. We feel certain, however, that this is perfectly possible and we believe further that in the absence of State assistance our cut over lands will either be settled very slowly or else the clearing of them will be undertaken by large companies who in turn will derive their profit by a high charge to the home seeker.
The essentials in a plan of State aid can be summed up as follows;
* Careful inspection by a competent State officer of any land to be cleared with State funds, and should tract prove of inferior agricultural value money should not be advanced. In other words the State should look on the matter as would any private party contemplating the makmg of a loan.
* Conservative regulations governing the sum to be advanced, based either on acreage controlled or total value of property.
* A system of inspection of work performed to guarantee funds advanced being used on property for purpose of clearing only.
* Equitable stipulations as to payment of both interest and capital, and strict enforcement of such stipulations.
* Careful check by the State on management of land and improvements in addition to those made with State funds, such improvements to be required as an evidence of good faith.
* Provision for the State's taking over property without incurring expense upon failure of owner to fulfill every part of agreement and provision for re-disposal of property.
It is assumed that the applicant for State aid will in each case own the property in question outright, that he will not possess over 160 acres of land or have in his name property other that the land which would put him in a position to secure aid from sources other than the State. The aim should be to help the truly deserving home seeker in substantially the same way he would be helped by the Reclamation Service. It is felt that the end fully justifies the means.
LOWER CANYON OF ROGUE RIVER

## WATER RESOURCES.WATER RESOURCES.
### Irrigation.Irrigation.

Oregon is divided broadly by the Cascade Ran^ into two portions, having widely different characteristics. The western portion is well watered, as it receives a heavy rainfall which furnishes a large runoff to the streams. In the eastern part of the State, on the other hand, there is as a rule a deficiency of moisture.

#### EASTERN OREGON.EASTERN OREGON.

The average precipitation in Eastern Oregon ranges from 8 to 15 or 20 inches and there are only three general localities where there is a large excess of water which in all probability cannot be eventually stored, diverted and used for irrigations. These are lower Deschutes River, lower Klamath River and the streams entering the lower portion of Grande Ronde River from the Wallowa and Blue Mountains. All of these streams receive their waters at too low a level to permit their diversion onto agricultural lands.
In practically all the rest of Eastern Oregon there is more land that can be covered with canal lines than there is water to irrigate it. In Eastern Oregon there are a large number of storage reservoirs, practically every drainage basin including one or more, and in only a few instances will they be of insufficient size to control the entire runoff.

#### WESTERN OREGON.WESTERN OREGON.

West of the mountains, as has been stated there is a heavy runoff, but as a rule it is not distributed throughout the year in a manner to be of the highest utility for irrigation. The streams are all subject to enormous floods in the winter season, from November to March, while the low water period coincides with that of maximum demand of growing crops for moisture.
TOTAL WATER SUPPLY
Records of river discharge have now been obtained by the United States Geological Survey, in cooperation with the State, for a long enough time to enable a fairly intelligent estimate of the probable future irrigation development of the State to be made. Such an estimate is presented in the following tables and discussion. It must be borne in mind that the statements of the probable use of water, are in many instances, for the rather distant future, and perhaps not over half of the possible irrigation developments will come within the next 20 years.
Detail surveys of the irrigable valleys of the state have been made in but a few instances and it is therefore impossible more than to approximate the irrigable area. A considerable number of reservoirs have been surveyed, and others have been examined carefully enough to show whether or not they are feasible. In many cases the reservoir site could be developed to a much larger capacity than the average runoff of the drainage area.
IRRIGATION FROM POWDER RIVER
A brief summary will be presented of the storage and irrigation possibilities of the most important streams of the State. It shows that there is available from the streams of Oregon a water supply sufficient to irrigate over 4,000,000 acres of land.
An estimate of the total runoff of streams and of the portion susceptible of diversion for irrigation; substantially an inventory of water available for irrigation, together with certain facts in regard to the records are presented in the following table:
OWYHEE RIVER.
The Owyhee River basin contains a number of reservoir sites, probably the best one on the main river being at Duncan Ferry, near the mouth of Crooked Creek. This site can be developed to almost any capacity required. The water stored can be diverted near the mouth of the river onto a large area of land. There is a reservoir site on Jordan Creek in Idaho, in which it is proposed to store water for use in Oregon. There is not enough land susceptible of irrigation from the Owyhee to use all the average runoff, but probably somewhat more than that for a low year can be used, say 600,000 acre-feet.
DIVERSION DAM FOR IRRIGATION—BAKER COUNTY
MALHEUR RIVER.
The Malheur River basin is particularly well supplied with reservoir sites. No less than ten have been surveyed by the U. S. Reclamation Service and private parties, but only a few of these would be required to conserve the runoff of the river and its tributaries. The availability of the Harper reservoir, probably the best on the river and one of the best in eastern Oregon. will be destroyed by the building of the Oregon Eastern Railway through it; this would be an almost irreparable public mi4ortune were it not for the fact that other sites exist which can take the place of it. The Warm Springs reservoir site, on Middle Fork above Riverside, is full; as good as the Harper, and could be developed to provide excess capacity to hold over the excess runoff of a high year to a low year. It ​could be operated to Fender available seventy or eighty per cent of the total runoff. The Beulah reservoir on North Fork will regulate that stream, and the water from both these reservoirs can be used on both sides of the Malheur and along Snake River near the mouth of the former stream.
There are three reservoirs on Bully Creek, any two of which can be developed to a capacity considerably more than is required to regulate its flow. The waters can be used along lower Bully Creak on land higher than the tract under the Malheur project. Willow Creek has an extremely variable runoff, which requires great reservoir capacity to regulate. At least two good sites are available, one of which has been utilized in an existing project. The total runoff of Malheur River and its tributaries ft estimated at 550,000 acre-feet, and it is believed that fully 80 per cent of this can be ultimately used, twenty per cent being lost by evaporation and flood runoff which cannot be stored.
BURNT RIVER.
Burnt River, the next stream north of the Malheur, drains an area above its mouth of about one-fifth that of Malheur River.
As a large proportion of its area lies in the high mountains it is safe to assume its runoff as one-fourth that of the Malheur or 140,000 acre-feet. There is a limited area of irrigable valley along the stream, and the flow of some of its headwaters can be diverted into the Malheur River basin. There are a few good storage reservoirs, and it would seem that perhaps one-third of the total runoff or 50,000 acre-feet might eventually be used.
POWDER RIVER.
The Powder River system presents extensive irrigation developments and possibilities. Along its course lie six valleys of notable size; two of these can be used to advantage As storage reservoirs in which water will be conserved for use in irrigating the other four. The tributaries of Powder River from Elkhorn ridge on the west and the Wallowa Mountains on the north are short swift streams from which water can be diverted relatively cheaply and easily, for both power and irrigation without conflict. Limited volumes of storage are available in the headwaters of these streams. Altogether probably 350,000 acre-feet out of the 440,000 acre-feet total runoff of Powder River can eventually be utilized on the land.
GRANDE RONDE AND WALLOWA RIVERS.
Grande Ronde River end its principal tributary, the Wallowa, rise in the Blue and Wallowa mountains. Wallowa River drains a portion of the highest and ruggedest mountains in Oregon, nceiving as high a precipitation as many portions of the Cascades. The fertile Wallowa valley nestling at the foot of the towering mountains is irrigated from the tributaries of the river of the same name. This valley s of only limited extent compared with its abundant water supply and probably not over one-fourth of the Wallows’s total dicharge can ever be utilfred. The Grande Ronde likewise is a large river, and with storage, the whole Grande Ronde valley of over one hundred thousand acres can doubtless be thoroughly watered. The total average runoff of Grande Ronde River above the Wallowa is 572,000 acre-feet of which it is estimated that 350,000 can be used in irrigation.
WALLA WALLA RIVER.
Walla Walla River flows through one of the oldest and richest irrigated areas in Oregon. The section is that around the towns of Milton and Freewater. This district, justly famous for strawberries and other horticultural products, has been developed more nearly to its full justifiable extent than any of the areas so far considered. There are at least 6000 acFes under present canals. Little exact information is at hand as to the total water supply, utilized or otherwise, of this district, but as a rough approximation it has been taken as 200,000 acre-feet, with 60,000 capable of irrigation use.
UMATILLA RIVER.
The Umatilla River district, favored of location, soil and climate, is at a disadvantage on account of the insufficient reservoir capacity existing. A few storage basins, of limited capacity have been developed or planned along the river itself. Other reservoirs are found on tributary streams, into which the waters of the main river can be diverted by feed canals, as is the case of Cold Springs Reservoir of the U. S. Reclamation Service.. Spring and winter flood irrigation is also practiced and its further development contemplated. This is particularly successful on the deep volcanic ash soils of the bench lands, which are very retentive of moisture.
JOHN DAY RIVER.
John Day River drains the largest area of any stream rising in the Blue Mountains and although its rate of runoff is low. its total water supply will suffice to irrigate a large area. The proposed John Day project for irrigating lands lying along the south side of Columbia River in Gilliam, Morrow, and Umatilla counties, will involve a very long and expensive canal, but the lands under it become very valuable when irrigated. There are at least three reservoirs any one of which could be developed to control the entire runoff at the site. The waters of the John Day will probably be utilized to the extent of the mean discharge for the three or four lowest suceesiva years, say 1908 to 1911, lass the losses by evaporation, or some 900,000 acre-feet, which will suffice to cover the available land.
DESCHUTES RIVER.
Deschutes River, rising in the lava beds which flank the summits of the Cascades and serve as a natural equalizing reservoir, has the most remarkably uniform flow of any stream in the Northwest. It possesses power sites capable of generating near]y one million horse power and has an average runoff of about 5,000,000 acre-feet, of which nearly one-third can be ultimately utilized for irrigation. The average runoff of Deschutes River at Benham Falls during the past seven years has been 1,220,000 acre-feet. The Benham Falls reservoir, the largest storage basin which has been surveyed in the State of Oregon, can be developed to any capacity that the water supply will warrant, and as this river varies only slightly from year to year practically the entire runoff can be utilized.
Crooked River, the large easterly tributary of the Deachutes, drains an area which, although extensive, partakes only in a limited degree of the character of the Deshutes. Its rate of runoff is small, and varies widely from season to season and from year to year. There is an excellent reservoir dam-site, just below the forks of Crooked River above Post, and there are smaller sites on tributaries of Ochoco Creek, which enters the main river at Prineville. The total average runoff of Crooked River is estimated at 310000 acre-feat of which probably 250,000 will ultimately be utilized.
Tumalo and Squaw creeks are tributaries of Deschutes River from the west. They drain only limited areas but their sources are in the high divide of the Cascade range, and their runoff s heavy and well maintained. The waters of Tumalo Creek ​can be stored by diverting them into a reservoir basin near Laidlaw and this diversion has already been planned by an operating company. Squaw Creek is lass favorably situated with respect to reservoirs and its winter flow probably never can be conserved, but a very large percentage of it comes at a time when it is most needed. ft is estimated that Tumalo Creek has a total average runoff of 97000 acre-feet of which 80,000 can be ultimately used, while Squaw Creek has an average of 72,000 of which 50,000 may be utilized.
Some irrigation is being practiced from other tributaries of the Deschutes particularly Metolius and White Rivers, and further developments are possible but little is known as to the feasibility or extant of the projects.
HOOD RIVER.
Hood River, having 1t3 sources in the glaciers on the north side of Mt Hood, lies stidctly neither in eastern or western Oregon, but has been included with the former. This river has a large runoff which is considerably in excess for any probable future use for irrigation.
Storage facilities are lacking but the natural summer flow of the stream is well maintained. It is estimated that there will be ultimately utilized a quantity equal to the low water di,charge of the stream for a period of 5 months or about 120,000 acre-feet.
KLAMATH RIVER BASIN
The water supply of the Klamath River drainage basin is furnished by Klamath River proper and its tributaries, and also by Lost River, which while not strictly tributary to the Klamath is still considered a part of the same drainage system, since its lower course is connected with the latter by a slough which carries some water at times of flood. Lost River furnishes a total average runoff of 283000 acre-feet, and land is available for utilizing all of this water for irrigation, except such as will be lost by evaporation; say 250,000 acre-feet.
The water supply of Klamath River is abundant and the amount of it which can ultimately be utilized depends entirely upon the amount of land which can be economically covered with canals. It has been estimated that at least 100,000 acres on the Riamath Indian Reservation, and 40,000 acres within the Great Basin can be irrigat.d by gravity and pumping from Williamson River and tributaries. A limited area on the west side of the lake can be covered by diversion from other tributaries of upper Kianiath Lake originating in the Cascade ​Range. The area irrigable from Link River by diverting at the lower end of Upper Klamath Lake is large but the feasibility of most of this project depends upon the character of the tule lands which compose the bed and borders of lower Klamath and Tule lakes. It is not unlikely that 200,000 acres will be ultimately reclmed, but of this a large part lies in California. The total amount of water that can be utilized from Kiamath River in Oregon is probably not far from 500,000 acre-feet.
INTERIOR DRAINAGE BASIN.
A large portion of Southern Oregon lies in the interior drainage, a section without an outlet, and commonly known as The Great Basin."
None of the waters of streams rising in this area reach the sea, but instead are lost by evaporation from a series of alkaline lakes or sinks. Large areas of land bordering these . lakes 4a irrigable from the streams-tributary to them. These irrigation developments fall naturally into about 10 projects, for the most part co-extensive with the hydrographic basins of the lakes. In the case of all but one or two of these, practically all the water will ultimately be stored and diverted to the lands. Storage reservoirs are abundant and well distributed and nearly all the valley areas through whieb the streams flow contain as much or more fertile land than can be irrigated by the available water supply.
The one important exception is Ana River, a tributary of Summer Lake. The river rises from springs, none of which ., ,rCmore than 40 ft. in elevation above the lake level. It is posibie to divert their flow with a dan., or by pumping, to lands lying north and east of the lake. As no storage is poSsible only the summer flow can be utilized—say 40 per cent of the total, or 40,000 acre-feet.
The amount of water available from all the other streams of the interior drainage has been taken as 80 par cent of the total, an allowance of 20 per cent being made for evaporation from storage reservoirs and for losses due to excess of water in high years, for which storage cannot be economically provided. The total estimated runoff of the streams in this landlocked area is estimated as 1,220,000 acre-feet or equal to that of Deschutes River at Benham Falls, the portion which can be utilized as 9g7,000 acre-feet.
WILLAMETTE RIVER AND TRIBUTARIES.
THE OREGON WATER CODE.
EFFECTS OF THE LAW.
The basis for any future development of the water resources of Oregon whether by private or public funds, is the State water law.
Inasmuch as the new water code was enacted largely through the efforts of this commission, we deem it advisable to call attention briefly to the workings of this code and to outline what further legislation should, in our opinion, be enacted, in order to perfect and strengthen it.
The administration of this law has been closely watched by members of this commission, and so far as we can ascertain it has been a complete success. The law has greatly stimulated investments, as the cost of works to be constructed under permits issued by the State Engineer during the first three and one-half years, exceeded ^3,863,000. If these works are constructed as planned, 961,000 acres will be added to the irrigated area of Oregon, and 176,125 additional horse power will be developed. That the promotors have some confidence in their ability to carry out these works is evidenced by the fact that $47,600 has been paid the State of Oregon prior to the issuance of these permits.
The determination and recording of early rights has progressed rapidly and the people generally recognize the great value in having the date of priority and limitations of their water rights established before the early settlers pass away, as without their oral testimony, these important facts in many cases could not be ascertained. The records now being compiled at Salem, are thoroughly indexed in a modern, business-like way, so that only a few seconds time is necessary to ascertain the details of title for any particular tract, or stream. These records, as they accumulate, are becoming of greater value each day to the prospective investor, and to the old appropriator as well. Their certainty adds value to the water right in case of sale, for record evidence of title can now be had, which was impossible under the old law.
Twenty-three separate stream systems have already been completely surveyed, involving about 275,000 acres of irrigated land. Over 2,000 separate claims to water have been filed with the Board of Control, and complete determinations made on fifteen stream systems, affecting 1068 separate rights and 106,686 acres of irrigated land. All of this has been accomplished without a single appeal to the Supr^ne Court and at ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/289 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/290 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/291 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/292 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/293 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/294 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/295 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/296 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/297 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/298 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/299 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/300 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/301 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/302 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/303 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/304 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/305 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/306 ​powers of the Deschutes will be completed and ready for distribution in the early part of 1913.
CHEHZCAL SITBVETS.
The quality and chemical composition of the water of a stream may affect its availability for use as a domestic supply, for boilers, manufacturing and other industries and for irrigation. In order to determine the fitness of the state's waters for these various uses, a chemical survey was undertaken by the Geological Survey. Daily samples have been collected at 24
CAZADERO PLANT ON CLACKAMAS RIVER
points on 21 rivers in the State for a year, and analyzed in groups of 10 days.
In all 842 separate water analyses have been made in the laboratory at Salem. Of these 808 were for river waters and involved the search in each case for nine or more minerals in solution, in addition to the determination of color, turbidity and total solids.
A report embodying the results of the study will be available some time in 1913. ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/308 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/309 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/310 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/311 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/312 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/313 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/314 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/315 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/316 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/317 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/318 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/319 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/320 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/321 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/322 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/323 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/324 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/325 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/326 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/327 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/328 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/329 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/330 ​the people our public resources can hardly be conceived. The practices of the past certainly carry their own lessons, and we are in many ways paying the penalty for our neglect in this respect. If we continue the same course and pursue the same methods in the future, we do so with our eyes wide open.
The State water code and forest law are examples of the character of legislation sought and advised by this Commission, and furnish in themselves a sufficient justification for its proper maintenance. We have already referred to the necessity of a body of this kind to cooperate with the Nation in many matters which will be difficult to handle in any other way. In view of the existing conditions in respect to public resources, the methods which are gradually being adopted in conserving and disposing of them, the trend of legislation and public opinion generally upon the subject, it is apparent that cooperation between State and Nation is absolutely essential if we are ever to reach the full measure of our development or secure the best results in the disposition, care and use of our public resources.
Respectfully submitted,
Oregon Conservation Commission,
Joseph N. Teal, Chairman.
Members:
F. G. Young, Secretary,
William Pollman,
Mrs. Josephine Hirsch,
C. B. Watson,
B. F. Irvine,
APPENDIX
UTILIZATION OF CHEAP WATER POWER IN NORWAY, SWEDEN, AND OTHER COUNTRIES.
The progress in water power and electrical development is advancing at such rapid pace thst but few tat books are published containing the latest information. Technical publications are accestble to but few, and the information there prea.nted i unially in such detail as to be of ‘tUe value to the layman.
We, therefore) deem it advisable to publish the latest information from Norway and Swoden, as found in the DaiIy Co,mular ajid Trade ReportW’ of the U. S. Department of Commerce sad Labor. It is believed to be accurate, is fl smpIe language, and has been prepared by experta.
This inforitation shoold afford a basis for estimating the value to the public in adopting at thi time) aome denite policy which will eventually result in potting to beneficial use, the undeveloped water powers of Oregon.
CHEMICAL INDUSTRIES OF NORWAY.
(From Coniul Thenra. K. Norton, CberLtitz, on sp.el.l detail, Nov. 20, 1911.)
"Numerous factors have combined to retard the industrial progress of Norway. The cli,nate is s.vere, coal is lacking, the mineral deposits are not easily accessible, the area of tillable land is very limit.d, and the industrial education of the people a not advanced.
"Less than B per cent of the land is under cultivation, about 25 pa cent is covered by forests, and the retnainder consists essentially of moors, mountait pastures, lakes and marahea. The conditions of life have been comparatively hard and emigration extensive. Exports to other countries have be.n limited chiefly to timber and the products of the ext.nazve fisher’€s.
"There is, however, now a marked change for the better. Norway bids fair to develop into an industrial state of considerable importance, and the clwmical industries are the one coming most prominently to the fore in the movement. The first step forward was taken in the development of the wood-puI wdisfry. The s.cond, and most important for Norway’s future, was the utilization of the country’s magnificent water power for the establishment of electro-technical and, more especially, of electrochemical industries on a scale impossib’e in any other Etiropean ‘awl
GROWTH OF THE CHEMICAL INDUSTRY—WAGES
“The general movement forward in the manufacturing industries of the Kingdom and more specifically In the variou! branches of applied cheriRtry may be measured by the growth during the decade 1897-1908. It should be stated, in this connetion, however, that a very noticeable increase in the establishment of new factories, 11111!, etc., began in 1890. It reached its maximum in 1899. Then was a decline in the rat, until 1904. when a new period of activity st in, and has continued uninterniptedly until tha present time, Co gTe ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/336 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/337 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/338 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/339 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/340 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/341 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/342 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/343 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/344 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/345 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/346 ​for fertilizing purposes only it will go into the United States free of duty. The Niagara Falls plant represents an investment of $500,000, and it is planned to enlarge the plant to produce 40,000 tons of cyanamid per annum. In the nflr figure the capacity of the plant will be 80,000 tons of cyanamid per annum.”
PRODUCTION OF ALUMINUM
(From Consul 0. I. Murphy, t. Os”, Switzerknd, Aug. SI, 1l1.)
“For several years Fraace ws th, only country producing aluminum, large mines of oxide of aluminum or bauxite, now turning out over 200,000 tons annually, having been opened in the Departments of Var, Bouches-du-Rhone, and Herault. The number of French aluminum factories has increased in the region of the Alps, espeeiaily in the Department of Savoje, where there are six establishments. With the two other French factories, it is estimated that the total output is conidenbIy above 25,000 tons annually.
“The reduction p]ant established in 1889 at Neuhausen fl Switerland has had a most successful exist.nce. Starting with an annua’ productioti of 40 tons of aluminum, it turned ouL no less thaji 2,C2t tons in the first nine months of 1910, valued at more than $840000. The company, some few years ago, established branches at Rheinfelden, in Germany, and Lend-Gastein, in Austria) and latn opened another at Chippis, Canton Valaig, Switzerland, all of which are operating uccesfully. The company a capitalized at $5,404,000 which it is proposed t Increase to $S,021,600. Its stock has never yet paid less than 12 per cent; in 1908 it paid 26 per cent on a par value of 1,000 francs (1193)
‘The Swiss control of the aluminum market, which had existed for aeveral years, passed away with the opening of the American factories at Niagara, for neither Sw’tz.rland nor France possesses such rich mines of oxide of aluminum and suck ourccs of eleetrieni atag1J as the United State. Negotiations were a year ago with the view of limiting the production of alumintjm and keeping up the prices, but owing to the attitude of the Ameñcan producers, the movement has not beet auccenfol up to this t(me,
"Aluminum has become indispensable in the construction of automobiles, dirigible balloons) and aeroplanes. It is employed also in paper decoratioDs and for wrapping purposes. It has bepn found of enormous advantage also in the textile industry, Combined wfth silk, it makes a brilliant fabrc, which can be given any desired color and which cannot be excelled for making ceremonial costumes atid theatrical wardrobe.. In addition to the ordinary uses, it is also employe4 in the manufacture of reticules, scarfs, and various articles of use and ornament, and because of the high price of copper it has been largely used a a substitute for that metal in the manufacture of electrical cables.”
PAPER PULP INDUSTRY.
‘1n New York State 28.0 h. p. per employ€. s osed in the manufacture of paper pulp, and 13,S3 h. p per employe in the making of paper’ For the reason that the power consumption per empioyee is so great, the pulp Mustry tetds to seek power sites remote from centrs of population and it is felt that the future expans,on of t}iis industry will be to points where power will be cheaper than it is Jikely to be in New York, (ETig. Record Sept 14, 1912).
​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/348 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/349 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/350 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/351 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/352 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/353 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/354 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/355 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/356 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/357 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/358 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/359 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/360 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/361 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/362 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/363 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/364 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/365 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/366 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/367 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/368 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/369 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/370 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/371 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/372 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/373 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/374 ​Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/375 ​per month, in either case to be paid by the county in which the work is performed Each water master shall knp a true and $ost aecomtof time spent by him in the duties of each county, resp€ct’v&y, in which his duties may extend, and he shall pnsent true copy thereof, verified by oath, to the county court sitting foF the transaction of county bus’i ss of the county in which hi. work may be perlormed. And the county court ahall, upon approval thereof by the superintendent of the wawr divirnon, allow and pay the same. Provided, any water master may be suspended by an order of the county court of any county in which his district may lie in case said coort shall ñnd and enter a orde to the effect that said water master is claiming more time than the public service reuiros, and during such auspeImion g’ich wat.r master shall receive no pay. (L, 0. L § 6619)
Section 41. EmpIornnt of 4s,istants—Said water master shall have power, n cases of emergrnicy, to employ suitable assiatants to aid him in the diach,rge of hi dutin. Such assistants shall take the same oath as the water niaster, nd shall obey his instructions, and each shaD be entitlcd to such compensation as hi services may demand and as the superintendent tay ncorninend, not t exceed in any case, 4.OO per day for each day he is employed, such payment to be made upon cert4ftcates of the division superintendent in th€ same manner as provided for the payment of the water master. The terth of service of such assistant water master may be terminated at any time by the division superintendent, and shall in no event continue after the emergency has ceased to exist (L. 0. L. § 6620.)
Section 42. Water Masters to Begin Work, Whn.—When arranrments are not “ade for employment of a water master at a monthly rate, as provided in section 10 of this act, the said water master shall begin his work upon written demand being made upon him therefor by one or more water Iners. Such written demand for his services shall bc attached to his bill for services and forwarded with it to the county commissioners of the proper county. Where the said water m*ste is employed by the month he shall begin work and terminate his services as the superintendent of his water division may direct. The drnsion Muperintendent may, under any condition, call upon the wat.r master for work withi,i his district whenever the nca’sity therefor may in his judgment arise. (I, 0, I. § 6621.)
Section 43. lnferfere,’ce IIth Head gate; Penalty—AIw person who shall willfuily open, close change or nterfere with any lawfully established headgate or water box without authority, or who shall willfully use waler or conduct water into or through his ditch which has been lawfujly denied him by the water master or other competent suthorty, thai] be deemed guilty of a misdemeanor, The possession or use of water when the same shah have been lawfully denied by the water master or other compttent authority shal be prnm jack evidence of the nOt of the person using it. ( L. 0. L. § 6022.)
Section 44 Power 4 A new—The water master, or his assistants, within his district shall have power to arrest any person or persons violaUng any of the provisions of this act and turn them onr to the sqeriff or other competent police officer within the county; and immiately upOn delivcring any such person so arrested into the costody of the sherpif, it thafl be the duty of the water master malci!ig such arrest to immediately, in writing and upon oath, make complaint before the proper justice of the peace ngnst the person so arrest€d. (L. 0. L. §6623.)
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7, And where appropriations of water heretofore attempted have been undertaken in good faith, and the work of construction or improvement thereunder has been in good faith commenced and diligently prosecuted, such appropriations shall not be set aside or avoided, in proceedings under this act, because of any irregularity or insufficiency of the notice by law, or in the manner of posting, recording or publication thereof.
8. All rights granted or declared by this act shall be adjudicated and determined in the manner and by the tribunals as provided in this act. This act shall not be held to bestow upon any person, association or corporation, any riparian rights where no such rights existed prior to the time this act takes effect. O. L. §6596.)
Section 71. Portland Water Supply.—The exclusive right to the use of the waters of Bull Run and Little Sandy rivers is hereby g^ranted to the city of Portland, and all rights to the waters of the lakes, rivers and streams of this State heretofore acquired for the purposes of municipal water supply are hereby confirmed and no rights which shall be acquired under this act shall impair the rights of any municipal corporation to waters theretofore taken. The Board of Control shall reject, or grant, subject to municipal use, all applications where, in its judgment, the appropriation of the waters applied for impair a municipal water supply. It shall be the duty of municipal corporations of the State, on request of the State Engineer, to furnish to him a statement of the amount and source of the municipal water supply, with probable increase or extension of the same; providsi, that this act shall not be deemed or held to and shall not impair the rights of any person, association or corporation who may, at and prior to the time of this act is filed in the office of the Secretary of State, have any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either the Bull Run or the Little Sandy rivers under laws heretofore in effect or under any valid contract or deed of conveyance heretofore made with or by the city of Portland. (L. O. L. §6672.)
Section 72. Eminent Domain.—The United States, the State, or any person, foreign or domestic corporation or association, may exercise the right of eminent domain to acquire for a public use any property or rights now or hereafter existing when found necessary for the application of water to beneficial uses, including the right to enlarge existing structures and use the same in common with the former owner. Any right of way so acquired shall be so located as to do the least damage to private or public property, consistent with proper and economical engineering construction. Such property or rights may be acquired in the manner provided by law for the takinp of private property for public use.
The right to conduct water from or over the land of another for any public use, including the right to raise any water by means of dams, reservoirs or embankments to a sufficient height to make the same available for the use intended, and the right to any and all land necessary therefor, may be acquired upon payment of just ​compensation in the manner provided by law for the taking of private property for public use. (L. O. L. §6596.)
Section 73. Repeal.—All laws and parts of laws so far as in conflict or inconsistent with the provisions of this act are hereby repealed.
Section 74. Emergency.—Whereas, there is great uncertainty existing throughout the State with reference to the wat«r rights of various parties along the streams, ditches and waterways as to their several interests therein, entailing expensive litigation and engendering many animosities and much bad blood, thereby endangering the public peace and safety of many sections of the State, and Whereas, it is urgent that these conditions be remedied for the preservation of the public peace, health and safety of the State, this act shall be in full force and effect from and after its approval by the Giovemor.
Piled in the office of the Secretary of State February 24, 1909.