Daily capital journal. (Salem, Oregon) 1903-1919, 1907-12-25

bring into the state within the near
future 1900 people. This is not a
small tasf and If accomplished, Will
mean much to Oregon III these set
,alers, through the states action, are
induced 10 purchase water rights
and on making settlement find that
tho water supply is insufficient or
none at al, the state will be greatly
damaged, for without sufficient
water the settlers can not live upon
the land
For six years the state land boar1
has called the attention of the legis-
lature to certain defects in the state
law accepting the Carey act and re-
Iquesting their correction. The gov
ernor. in his message to the last leg
islature, called special attention to
these difficulties. The board made
specific recommendation in their re-
port, preparing a bill embodylng the
changes desired. The attorney gen.
eral and the state engineer, in their
respective reports, made similar rec
concentrations, and with all, the
great importance of this matter to
the development of the state, II
would be supposed that much time
would be devoted by the legislature
to the remedying of defects In the
law. The bill recommended by the
board was passed by the senate, but
indefinitely postponed in the house,
without consideration. II we look
for reason for this action, we find
upon the floor of the house the Sec
retaries of two companies which we're
attempting to reclaim lands under
contract with the state where the
plans were not feasible; also, con-
stantly present in the lobby through
out the session, was the president OF
one of these companies. The extern
sion of state supervision over pro-
jects that are not feasible would nat
ually not be of financial benefit TO
the companies.
II will doubtless surprise many
to know that no money has been ap-
proprlated by the state to facilitate
this great colonization scheme, and
to guard the interests Of the intend
ing settler. The land is donated 90
the state, which. in turn, gives u
TO the settler without charge, pro-
vlded the settler purchases water
right from the construction company
authorized to reclaim H. AS a gener-
al rule, that which coc's nothing Is
worth nothing, but Notwithstanding,
Il Is expected that the acceptance OF
the Carey Act will provo of great
benefit to the state.
Columbia Southern Project.
The state land board entered into
contract with the Three Sisters Irrl-
cation Co. to reclaim $1,000 acres
of land by building "A canal from
Tumalo creek In Crook county. This
changed hands several
times and Is now known as the "Co
,Imbia Southern Irrlgating Com
pany" Under this project. water
rights were sold for about $4,000
acres, where the low water aow OF
the creek will not irrigate 5000 acres, I
and upon adjudication in the courts /
about half OF the low water how OF /
the stream will doubtless be found
TO have been appropriated before the /
state began its project. The state
law provides that "the right TO the F,
use OF water for the irrigation. OF
lands reclaimed under the provisions /
Of this act shall become and perpetu-
ally remain appurtenant thereto"
Under present laws, Il Is impossible
to ascertain who owns or has a right I
to the use OF water from any stream.
The state and its officers are In the [
dark as much as other investors.
When this matter reaches the courts,
which Is the only tribunal TO decide
as to the merits of the various claims
to water 1t will doubtless be found
that the state cannot make some
body's else water right appurtenant
to its land any more than a private
can. Notwithstanding the
above section OF law. Even If all
the water In the stream could be used
on the state project, II is physically
impossible. without storage, to re-
claim more than half the land al
ready sold, The state recently
brought suit against this company
to cancel its contract, as 1t would
not agree to build the necessary res
ervoirs to impound the winter stream
flow necessary to furnishing an ade-
quate water supply. No plans have
Anf