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

LEGISLATION
tcontinued trom page -

o time. dividing the divisions in
onformity with drainage areas there
n.
Determination of Existing Rights.
suit may be instituted in the
name of the state against all the
>arties claiming rights to the use of
he waters of any stream system and
II suits instituted by private parties,
when necessary for the public inter
est the state may intervene and make
all claimants 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 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 a
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 Appropriations.
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-
tion, together with maps and neces-
sary data all of which becomes a
matter of record of the engineer
I 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 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 shall not be in excess
of one cubic foot of water per Sec
= ond for each so acres or the equiva-
: lent thereof, delivered on the land
/ for a specified time in each year
which is the largest amount, founc
I, upon investigation, necessary in any
of the arid states.
= Measuring devices are also provided
for rights of way over state lands anC
O. the interference with all operation!
/ with the use of water and means
therefor, are made misdemeanors.
2 An appropriation of $12,5O0 annu
ally for the payment of the salarie
and expenses of the state enginee
and water commissioners and for th'
! expenses of the state water board, i
!, provided for.
The whole tenor and object of tn
-, bill as drafted is to protect all veste'
rights and is some definite and Ger
tain system whereby existing right
and all future rights when acquires
can be ascertained, without deprivin
any of the interests or industries o
II the state of any rights or casting up
Is on them any unnecessary burdens.
q Provision is also made for cooper
IT alton with the federal government Il
its irrigation enterprises now pendin
e. in this state, and the bill as whole
Is has been drafted without regard I
1t any personal or private interest. bu
l. with a view wholly to the genera
is welfare of the state and the interest
of all its people.
l. Compared with the bill prepared b
IT the Washington commission, it is ia
is simpler, both in construction and ap
II publication, less voluminous and com
v picated in its methods and more eco
nomical in methods of administra
: tion and appropriations therefor
The salary provided for the stat
engineer i'm the Washington bill bein
$4,000 per annum, with an assistar
engineer at $24O0, and a total genei
al appropriation in the Washingto
law of S65, 900, whereas the Orego
code provides for an engineer at S24C
per year and no assistant enginee
ed and total appropriation of $4,000
to The Washington code also provide
r. for various civil commissions for Il
lg determination of water rights oth'
fa 49, 4t,o oourfo fbt1a innnqinQ 1nC