East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-01-29
STATE ENGINEER ON MILTON WATER SUIT

In his first annual report to the
Oregon legislature, John H. Lewis,
state engineer, devotes considerable
space to the subject of the water right
case OF Milton, in which all the set
tiers in the Wala Walla river valley
are involved.
This is the most important water
right suit now pending In the state,
and Mr.. Lewis review of 1t will be
read with interest. He says
Surveying instruments were pur-
chased and field work commenced by
September 1, 1905. AS the use of
water varies with the seasons, dis
charge measurements were continued
for the entire year ending September
1, 1905. Measurements of water in
the various streams and bitches are
thus available for one irrigation sea-
son.
The survey covers an area nine
miles in width along the state line,
and all lands in the walla Walla
river valley to points on both the
north and south forks of this stream
approximately II miles south Of the
state line. The area covered is ap-
proximately 23,4O0 acres.
Unique Stream System.
The Walla Walla river is formed by
the junction Of what are called the
north and south forks of this stream
six miles above Milton. In the town
of Milton the stream divides into two
branches, called the Tumalum river
and the Little Walla Walla river.
Both these branches, and especially
the latter, divide and subdivide until
10 different natural channels contain
ing water from the main stream can
be found in crossing the valley about
two miles below Milton.
Ordinarily the entire river sinks be-
fore crossing the state line. Many
spring creeks head In semi-circle
below Freewater, at about the 800
foot contour line and Just below the
point where the river sinks.
The amount OF water which crosses
the state line is perhaps equal to the
flow in the canyon above. diminished
only by the amount of water lost
through evaporation. The valley has
been settled for about 40 years, and
many streams which now have the
appearance of constructed bitches are
said to be natural channels. But few
large constructed bitches exist. The
majority of appropriations are made
direct from a natural channel.
Many Small Farms.
The irrigated areas are cut up into
small tracts from two to 90 acres In
extent. For this reason both the sur
vey OF land and the measurements OF
water are very much complicated.
Right to water are uncertain, no sys-
tenn Of distribution being in force. II
the supply of water is insufficient in
one branch Of the stream, more is d.
verted by building n temporary dam
at the diversion point above. AS soor
as the shortage is felt in the other
branch, the temporary dam Is demol'
ished by citizens from the injured dis
trict, and another built, leaving. per
haps, less water than at first to rur
down to the original sufferers. Thi:
method of dividing the srream has
caused much feeling between indi
Nluudl dppTupTldtOls VI tpIhiiuih'iSS
with final resort to the courts.
Cause of Shortage.
The shortage of water to the earlier
appropriations in the lower valley II
due, mainly, to the recent appropria
tions above or the enlargement OF ole
ditches to irrigate increased areas.
No general system OF rotation is II
vogue. each appropriation IN genera
claiming sufficient water running
through his place at all times to fur
nish an irrigation head when needed
Litigation over water rights has con
tinued for many years, with no defin
ite plan as yet outlined for definit~l,
establishing rights to water and di
viding the stream in accordance will
these rights.
Instead. the largest suit so ia
brought Is now before the court. Tn
Issuing of decree defining all right
to the use OF water is hardly expected
to settle these rights any more thai
the issuing OF some of the earlier de
crees unless these rights are protecte
by the appointment of an officer wit
the necessary power to divide the wa
ter in the various branches an
bitches during dry seasons in accord
ance with the decreed rights, and tina
enlargements or new appropriation
be placed under such control that tn
decreed rights will not be disturbed.