East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-02-06
WILL
DEMAND NEW LAW
WILLAMETTE COUNTIES
AWAKE ON THE SUBJECT
Eastern Oregon Legislators VIII BE
Assisted by Many Western Oregon
Members ut Next Session I'm the
Passage of an Irrigation Law
Features of Proposed Legislation
Discussed.

featureS oi proposed Legislation
Discussed.
Eastern Oregon representatives in
the state legislature who made n
hard fight for the passage of the Bien
irrigation law at the last session, will
be aided at the next session by many
able men from western Oregon
The sentiment in favor of uniform
law on irrigation in Oregon is gaining
strength every day and especially is
the irrigation idea gaining ground in
the Willamette valley counties.
That irrigation is practical in most
parts of the valley is now admitted by
Van who have studied the subject and
a concentrated effort will be made at
the next legislative session to enact
law closely similar to the Bien law.
The Salem correspondent of the
Portland Telegram discusses the sub
iect in the following clear manner:
The recent discussion before the
commercial bodies of Portland on the
development of Oregons irrigation
and water power resources, and es-
pecialy the application of irrigation
to the Willamette valley, which was
unanimously urged by the Portland
board of trade. has raised the ques-
tion of legislation for its encourage
ment.
The members of the state land
board who have to deal with the ques-
ton of irrigation and water rights
have reason to realize that the pres
ent law is defective in many particu-
lars. Many practical irrigators of the
state believe the policy of the state
should be the same as that of the ma
tional government when it comes to
dealing with irrigation. Uncle Sans
policy is to encourage the building of
homes. That project which promises
to yield the greater number of homes
with the least expense is the one that
is in favor with the officials of the
reclamation service.
The failure of the Bien law to pass
the last legislature has not discourage
ed the friends of the measure, and
there will be determined effort to
have a similar measure passed by the
next legislature.
Substantially the same law was re-
Gently passed by North Dakota, South
| Dakota. and Oklahoma. This law is
chiefly administrative. a systematic
method of establishing and recording
vested rights in accordance with the
established laws and decisions of the
courts is demanded; also for the ac-
| quirement and recording of new
| rights. with the necessary proof of
completion of works and determine
ton by qualified officer of the
| amount of water put to a beneficial
use.
Before any individual, corporation,
state or government can, with any
| degree of certainty, enter into the
construction of works involving the
use of waters, two things must be
known. First the amount of low at
| different seasons at the proposed
point of diversion: and. second. the
amount of water which is necessary
to satisfy the vested rights below the
proposed point of diversion. The
state. in cooperation with the gov
ernment has undertaken 10 secure
records as to stream discharge which
to be of much value, must extend
over a period of three to five years.
At present it is impossible to de-
termine what amount of water is nec-
essary to satisfy vested rights. This
| information is necessary to know il
any surplus water exists i'm a stream
to be put to beneficial use.
Capital seeking investment in this
line is therefore discouraged, and the
value of legitimate rights very much
Iessened because of this uncertainty
Even where a court decree has beer
rendered, It may be upset at later
date. unless all who claim the rfgh
to the use of the waters are made
parties to the suit
All present vested rights Will ulti
mately come before the courts as wa
ter becomes more valuable, as mat
ter of self-preservation. If new law
can provide a systematic method o
determining these rights, also the re
cording and protection forever on th'
part of the state, it is believed the in
creased value will justify the expense
The certainty of new right, IL per
mitted. would greatly encourage de
velopment up to the limit OF the bene
ficial use to which each stream cal
be put.