Daily capital journal. (Salem, Oregon) 1903-1919, 1905-01-28
DISCUSS
WATER
RIGHTS
COmmitte on Irriga :
tiOn Consider the
Code.
Efforts to Bring Laws 10 ibis
State Up to Standard of
Other States.

The. joint committees on irrigation
r3at at the state library to consider
nhe proposed irrigation code. About
afty irrigationists were present.
Hon. II. v. Gates, Of Hillsboro, read
ahe bill and explained its provisions
a. provides an elaborate statute for
zhe eontrol, regulation and disposition
Of public waters for irrigation. The
bin states that "ail unappropriated
waters within the state from all sources
of water supply belong 10 the public
sand are subject TO appropriation for
Beneficial use"
IL provides for state engineer, to
DE appointed by the Governor and con.
firmed by the senate, at s2400 year.
A state water board is created com
poaed OF the Governor, attorney gener
al and state engineer. The state is
divided into water districts, with a
'commiasioner for each nt IS per day
wllile employed.
The state Is divided into three dis
arksts, one Of Lake and klamath cOun.
aARm and Western Oregon, one Of East, /
GFn Oregon north Of the Siren noun.
Gains, and one Of the county South.
Section "a provides that any city
nnny iile on water rights for municipal |
uses, thus protecting any Western Ore
gon city.
THIS feature Is Of great importance (
70 western Oregon cities that may
now or hereafter seek 10 bring water
from the mountains, and there il now
no other general law giving this right
90 municipalities. Mr. Gates wa.
asked about this aud fully aud salts.
faetorily explained its provisions.
Based on the principle that the bene
heih use of water il "a public use. any
parson, association or corporation may
exercise the righ, Of eminent domain
under this act 10 secure right OF way
or reservoir sites. Owners Of riparian
lands are fully protected in their water 1
rights,
Tho bin appropriates Ell, 800 per an.
num for the enforcement Of the pro. =
visions OF the irrigation code.
Mr.. Hammond spoke on some of the 8
legal phases Of the proposed bill lie n
said none of the Coast states had an | A
srrigation code, This code was more
applicable to Eastern Oregon than 10
Western. This act repealed a great u
deal Of past legislation and decisions a
~ courts laws and common Law, that a
had been slowly developed out Of tho :
noeessitios Of the people and should :
not H. overturned hy this hill The \
present laws fully protect public aud u
private ownership, Any city now had b
4 full right 10 condemn aud appropri
ato water and establish water rights y
rhe proposed bin repealed ala laws on u
he suhiec, OF water rights and did not m
supply proper sections Ia place therof q,
rhe bil was very inadequate in many 4,
'eapects.
II abolished all rights OF riparian
lwnerh a Fight a. old as the right to
lwn pfopegty Itself that water should =.
efcvcf How past his land "undimin. !,
ehed Ia quantity All there Is In IN
he bill that Is good Is the Law of ore el
ran already. Ho showed that tho eoun. !,
les would have 60 incur great expense Il,
o copy all records ~ water rights AID ~
orward them 90 the state engingeer. os
Z woald take two men six mouths 90 nl
opy the water rights OF Josephine An
ennty. Whrre a water district was ~
ablishcd tho attorney general was ~.
aired 90 brlng snit 10 estahllsh the
ltle 20 every water right Ia the dis, l''
fici proposed he grew funny over ca
hia provision as calculated 10 make Inn
oaiaesa foF The lawyers, aad especially
Ae aitornoy'generai The rights of a
we're better established ss
al protected under present laws than Al
, the proposed hlll The Raley law "A,
al boen adludged constitutional tn. vs
" che PFopose'eeole an water rights
ere subject % The absolute control ~ "a
ae state engincer tadcr prosont Law W