East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-10
IRRIGATION
LEGISLATION


Continued from page ~
to time. dividing the divisions in
conformity with drainage areas there
in.
Determination of Existing Rights.
suit may be instituted in the
name of the state against all the /
parties claiming rights to the use of .
the waters of any stream system and /
in suits instituted by private parties !
when necessary for the public inter /
est the state may intervene and make /
all claim H,;s TO the waters of the |
stream system involved. parties TO
such suit and in such suit the courts
shall determine the rights of all par
ties thereto and a certified copy of the
decree rendered by the court shall be
filed and become a part of the records
of the office of the state engineer;
thus establishing the rights of all
parties in the stream system and de-
termining what, If any waters therein,
are unappropriated. being In effect n
suit to establish right of each party
thereto, TO use the waters of such
stream system-just as a suit TO quiet
the title of land strengthens and es-
tablishes the title OF the owner of the
land.
In such existing or vested rights are
not disturbed, but merely determined
confirmed and made a matter of rec
ord.
Future ApDrOpriations
Future appropriations of water by
persons, associations or corporations
shall only be made by permit first
obtained from the state engineer. after
posting notice at the point of diver
sion and presenting proper applica-
ton, together with maps and neces-
sary data all of which becomes
matter of record of the engineer
Provision is also made for the appro-
priation of water for public and mu-
nicipal uses by the state and any pub
lie corporation and also by the United
States.
Applications for appropriation OF
water shall only be granted when
. there are unappropriated waters in
stream system applied for and only
after publication of notice to all in
terested parties. The action of the
engineer upon rejection of any ap-
plication or any of his decisions. af-
fecting any substantial right of an
applicant, may be appealed from to
the circuit court. General supervis-
ion and right to inspect all construc-
ton work is given to the state engi-
neer and no appropriation shall be
made without a license first issued by
him.
Eminent Domain.
The beneficial use of water is de-
clared by a public use and the right
of eminent domain to acquire rights
OF way for conveyance and reservoir
sites for storage of water is conferred
upon all appropriations, but such
rights of way and reservoir sites shall
in all cases be so located as to do the
least damage TO private or public
property.
Units of Measurement.
The standard measurement of the
flow of water is the cubic foot per
second and OF the volume of water
the acre-foot and the miners inch is
recorded as one-fortieth of a cubic
foot. except when some other equiva-
lent is specially stated by contract
and the amount Of water to be used
in irrigation snail not be i'm excess
OF one cubic foot of water per sec
ond for each 60 acres or the equiva-
lent thereof. delivered on the land
for a specified time in each year.
which is the largest amount found
upon investigation, necessary in any
Of the arid states.
Measuring devices are also provided
for rights of way over state lands and
the interference with all operations
with the use of water and means
therefor, are made misdemeanors
An appropriation of S12.5OO annu- |
ally for the payment of the salaries
and expenses of the state engineer
and water commissioners and for the |
expenses Of the state water board, is |
provided for.
The whole tenor and object OF the /
bill as drafted is to protect all vested |
rights and is some definite and GER |
tain system whereby existing rights |
and all future rights when acquired |
can be ascertained, without depriving |
any Of the interests or Industries OF |
the state of any rights or casting up
on them any unnecessary burdens.
Provision is also made for cooper
alton with the federal government in |
its irrigation enterprises now pending
in this state. and the bill as a whole,
has been drafted without regard to
any personal or private interest, but |
with view wholly to the general |
welfare of the state and the interests
Of all its people.
Compared with the bill prepared by |
the Washington commission. IL is far
simpler, both in construction and ap-
publication. less voluminous and COM
plicated in its methods and more eco
nomical in methods of administra- |
ton and appropriations therefor.
The salary provided for the state |
engineer in the Washington bill being
$4,000 per annum. with an assistant