East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-08-16

Times Herald appears a timely letter
written for that paper by State Engl-
neer Lewis, with promise of further
discussion of the subject in phases de-
velopod by the communication which
appears below:
The irrigation law proposed by the
governors commission, which failed
to be passed by the last Legislature,
has been strongly urged as a basis
for discussion, as it is In line with
the policy of the government and in |
harmony with the federal laws. The |
commission was assisted in its prepar-
alton by Morris Bien, the legal ad-
wiser OF the reclamation service, VINO
is considered a leading authority on
irrigation law. 1t is founded upon the
experience of other states where the
fundamental principles have been
tried and found successful.
Substantially the same law was re-
Gently passed by North Dakota, South
Dakota and Oklahoma, and, with the
addition of few additional details
adopted by Utah. This law Is chiefly
administrative. A systematic method
OF establishing and recording vested
rights in accordance with the estah-
lished laws and decisions of the courts
was provided. also for the acquire
ment and recording of new rights, with
the necessary proof of completion of
works and determination by quail
fled officer of the amount of water put
to beneficial use. Titles to water
would then be az definite as titles to
land and an abstract of the water rec
ords showing definite title, made pos
sihle.
\ plain statement of existing con-
dltions Of state legislation is found in
a message of President Roosevelt of
December. 1901, where he says:
1.-THE security and values of the
homes created depend largely on the
stability of titles to water, but the
majority OF these rest on the uncertain
foundation of court decisions render
ed i'm ordinary suits at law. With a
few creditable exceptions, the arid
states have failed to provide for the
certain and Just division of streams
in times OF scarcity. Lax and uncer-
tain laws have made 1t possible to es-
tablish rights to water in excess of
actual use or necessities, and many
streams have already passed into pri-
vate ownership or control equivalen;
to ownership.
"Whoever controls a stream prac-
ticallv controls the land it renders
productive, and the doctrine Of pri-
vHte ownership of water apart from
land cannot prevail without causing
enduring wrong. The recognition OF
such ownership, which has been per-
tilted to grow up in the arid regions
should give way to a more enlighten-
cd and larger recognition of the rights
OF the public in the control and dis
posal Of the public water supplies
Laws founded upon conditions obtain
ing in humid regions, where water Is
too abundant to justify boarding it.
have no proper application in Il dry
country.
"In the arid states the only right to
water which should be recognized, is
that of use. In irrigation this right
should attach to the land reclaimed
and be insererable therefrom. Grant.
ing perpetual water rights to Others
than users, without compensation tc
the public, is open to all the objections
which apply to giving away perpetual
franchises to the public utilities OF
cities. A few OF the western states
have already recognized this, and have
incorporated in their constitutions the
doctrine of perpetual state ownership
of water"
The criticisms and suggestions of the
president are applicable to Oregon a.
whole, as the Willamette valley 1.
now admitted to need irrigation for its
highest development II Oregon 1.
not yet ready for a modern code OF
water laws, when will she be more
ready? The greater the number OF
speculative and questionable water
rights claimed, the more opposition
to the passage Of such law will bt
: had.
In a future letter I will call atten'
: ton to vital defects in the present
law which the experiences of the pres
r ent season have developed and which
9 will become more and more oppressiv,
: each year until remedied by adequat,
legislation.
In this state It is not necessary I,