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

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present time the amount of water
carried in few of our important
streams can be demonstrated with
some certainty from records extend
ing over a number of years, but how
much of this water has already been
appropriated to beneficial use and
become vested right cannot be an
swered from any public records. The
county records show claims to the
public waters under our present law
which, IL added together, would in
variably amount to many times the
available supply. Therefore, all
these claims cannot be vested rights.
AT present no method is provided for
definitely acquiring undisputed title
to water in Oregon. The investor
must build his works and take
chances of defending his rights in the
courts. II he uses the water for ten
years without being seriously dis
turbed, he can acquire a prescrip
tive right, but must still resort to
the court In case of an excessive new
diversion at a point higher up on
the stream. The state, like all pros
pective investors. including the recla
nation service, must conslsar thes4
questions before commencing con.
struction.
Occasionally the state engineers
Office receives inquiries from pros
pectlve purchasers OF present con-
struoted works, inquiring as to the
amount of water such bitches are
entitled to appropriate. Since no 70.
liable record of vested rights to the
use of water is provided by law, such
questions cannot be answered, and
the sale Is made at reduced price,
II at all.
The state land board, as we'll as
the engineers office. receive numer-
Gus letters from prospective settlers,
asking for definite information con-
corning water rights being sold by
construction companies operating
under the Carey act. Even In These
cases. the state officers have no def
mite title. such as a patent from
the government for land, upon which
TO base a reply. Rather than block
development, they. like any ordinary
investor. must leave something for
the courts to decide, and take rea-
sonable chances on the water supply
being sufficient
IL is generally admitted that the
water of the nom
navlgable streams OF the state, belong
TO the public, (the United States)
and can be appropriated for bene-
nclal use under the laws OF the state.
Oregon is much in need OF leglsla-
tion providing. through a system OF
grant or license, a reliable public
record OF all water rights initiated
under public supervision after It's
passage, and some method whereby
the present vested rights, as deter
mined through litigation, can be re-
corded under such system Based
upon the system OF permits Issued
by the state. the investment OF capi-
tai I'm works for the utilization OF
water would be greatly encouraged,
and the sale of lands and water rights
to prospective settlers made much
easier. With a reliable record of
new rights as initiated. n state ad-
system for the orderly
and equitable distribution OF water
ran be gradually put into effect as the
prior vested rights come before the
courts for adjudication.
The passage of a new law will not
throw the entire state into litigation
over water rights. IL will prevent
litigation over all rights established
after its adoption, except as to the
regularity of procedure under the
law Ia initiating such rights. When
water rights indicated prior to the
passage of a new law become so en-
tangled that litigation is necessary,
one general adjudication for all old