Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1908-08-14
STATE CONTROL OF WATER.
Paper Presented at Recent Meeting
of Oregon State Grange.

CONTINUED FROM LAST wEEK)
Laws of Other States.
Oregon, Washington and California
have the poorest water laws of the
western states. Colorado profited by
the mistakes of California. Later Wyo-
ming and Nebraska adopted laws which
have been taken as models by other
states, except that adjudications of the
early rights are made by the courts in
stead of by appointed boards, as in
these states. The water law defeated
by our legislatures of 1905 and 1907
followed closely the laws recently en-
acted by Utah, Idaho, North and South
Dakota and Oklahoma The Canadian
law has been declared by resolution of
the American Irrigation Congress to
be the best of it's kind on this conti-
nent. All these modern laws are based
upon the water laws of Italy, which
have developed through centuries of
experience. Thus Oregon has no lack
of precedent, and should profit by the
| experience of these other states and
countries.
Arguments Against State Control.
The water code presented to the last
legislature provided a comprehensive
system of titles to water and for pro-
lection to vested rights through state
control of diversions from public
streams. The leading arguments by
the enemies of this bill were as fol-
lows: That the state officer in charge
would have the power of czar; that
the burden on taxpayers would be ex-
cessive; and that the appointment of
an unlimited number of water masters
was the basis of machine to control
the politics of the state.
| The penalty necessary to enforce the
proposed law was that no right to the
use of public waters should thereafter
become vested except by direct grant
from the state. The great power com
planned of was the authority of the
state engineer to refuse any application
which did not conform with the law.
To pass the bill without any means of
enforcing it would have the same effect
as defeating the bill, which was the re-
suit desired.
Under the proposed law, no state
control could be had until the deter
mination by the courts of all vested
rights to the use of water from a given
stream. Therefore, no water master
could be appointed until such time.
These adjudications will be final, as
each basin comes before the court, in
stead of constantly recurring, as under
present conditions. The water master,
when appointed, will regulate the di-
versions of water in accordance with
the decrees as rendered and the rights
as granted under the new law. These
new rights will not be subject to liti-
cation, no matter how long the deter
mination of the early rights are de-
| layed, as these rights will be complete
ly defined and recorded when granted.
This determination of early rights may
take from 10 to 90 years, judging from
Wyoming's experience, where Is years
have been consumed in recording the
territorial rights under the new law.
The system of dividing the state into
districts, according to drainage basins,
with one or more water masters in
charge of each basin, has been demon
; strated as the only feasible plan of
protecting the interests of all con-
cerned.
The fees charged in the granting of
titles by the state were intended within
a few years to more than meet the cost
to the state. If franchises to the use
of water were limited in time, and
ultimately a charge made for the use
of this public resource, the state water
department could, in time, be made TO
yield large revenue to the state.
The cost of actual distribution was
to be borne by the counties benefited.
Objecting to the bill on the ground of
cost is false economy. 1t is like. OBJ
jecting to the appropriation of some
$4,000 annually to maintain state
I land department, which is a valuable
source of income to the state, or like
| objecting to the cost of our police pro.
lection for other property than water,
| which protection saves annually to the
| public far more than its cost
State and Government Reclamation.
Oregon has 100000 acres of govern
ment land Withdrawn from entry,
pending reclamation by the state under
I the provisions of the Carey act. This
area is equal to the combined area of
I~all irrigated land at the present time,
or nearly twice the combined area of
the Klamath and Umatila irrigation
projects of the government.
During the first six months of 1907
the state land board authorized the
sale of water rights to these desert
lands, amounting to $4,692,7O0 The
board put off this action until after
the adjournment of the legislature,
hoping that the legislation which they
had recommended for the protection of
settlers might be enacted. The state
is now in the deplorable position of
| authorizing the sale of commodity |
which it owns, but over which it has
no control. 1t is attempting to super
wise the expenditure Of millions of dol
lars in the interest of future settlers,
without appropriating single cent
for administrative purposes.
Already the state has begun suit
against one of these companies because
of the sale of some 100000 worth Of