The Parma herald. (Parma, Idaho) 1903-1917, 1908-07-11
STATE CONTROL OF WATER.
Paper Presented at Recent Meeting
of Oregon State Grange.


When we see the miracles wrought
by irrigation and think Of the potential
energy Of our streams as representing
thousands Of acres of the most valuable 4
coal lands, it is no wonder that we
hesitate to challenge the statement that
the water resources of Oregon are to-
day its most valuable asset. Yet cur
legislators have persistently refused to
enact laws governing the use and distri-
button of this valuable commodity.
Far-sighted corporations are rapidly ae-
curing perpetual franchises to the use
of water for power development, with
out present or possible future compen-
sation to the public, from whom the
privilege is acquired.
Through the lack of a reliable record
of vested rights to the use of water,
the public has no means of ascertain
ing the location and amount Of unap
propriated water which is available for
new uses. Large quantities of water
are being held without use through
actual or threatened litigation, and the
intending investor or settler moves on
to more progressive states, where water
rights can be secured by application to
the state officers, and when granted are
protected. the same as other property
rights. The holder of these question
able vested rights joins with the power
interests in opposing the enactment Of
any law providing for public control
and making beneficial use the basis of
rights to the use of water.
3 How Water Is Appropriated.
T. Any person can acquire a water
?. right by simply posting a notice at the
y proposed point of diversion, stating tho
It amount of water claimed, the intended
IT use, and recording a copy of the notice
# at the county court house. If the watei
If is to be used for irrigation purposes,
/ certified copy of the notice must b.
h filed with the state engineer within 81
n days thereafter. 1t makes no differ
"A ence if the waters of the stream ar
ID already fully utilized at points below
Of The notice can specify any amount
L. even though such amount exceed tn
regular flow of the stream. 1t may b
impossible to use the water beneficial
for the purpose as claimed, but tina
makes no difference so long as constru'
ton is commenced within six month";
e. Your title is then complete, but tn
record is not completed by the filing
proof that work has commenced.
II refling every six months, water rigi
"a can be held without the performance
TO any work until some legitimate invest'
=, trys to secure control of the same wat
~ right. Then work must be commence
ist and prosecuted with due diligence. L
is, der this law one of our leading ATTIC
an news has stated that one-armed ms
with a shovel, employed at the intab
10 can hold a water right indefnitel
Thus the legitimate investor mrst fir
in buy off the notice man. W has co
s. tributed nothing to the public welfal
-; Even the payment of this blackm;
does not give him clear title to t
eet necessary water, for the apparent 81
eda ply may, perhaps, all be fully utiliz
der in the adjoining counties below, throu
49, which the stream runs.
In the absence of state control,
inc only way for this investor to ev
guess at the amount of inappropriate
10 water is to first measure the strea
ths and then travel down the same, me
rom uring the maximum capacity of es
the ditch. to ascertain how much of t
ne water has already been appropriat
It's If the stream is a hundred or m
was miles in length, this task alone wo
leda discourage the most enthusiastic
age weston or settler. Then the records
1ruz water filings, under our present la
the must also be examined to ascertain b
way many rights have been initiated VIII
de- NAV ultimately become vested
prove prior in time to his right.
oker tees claiming water, posted in TIL
ing cts along the banks of stream, {
ASH not be found and are, therefore, of
media value to him. The county records
oxen of but little. if any more value. as
'ach recorded claims to water invariably
wise coed many times the regular flow
'sen- the stream. For example, the rect
not of Baker county show claims to
waters of Powder river for irriga
oker purposes amounting to over els
their times the flood flow of this stream
rrinc Baker City during 1905, and the l
Their recorded claims for all purn
OUT amounted to over one hundred
had eightv times this flood flow. T
dead claims. therefore. cannot all be We
and rights. and it is impossible to ascer
and from the record which. if any, are V
nded or ultimately may become vested.
sides. MANY bitches have been
and water diverted without any pl
record whatever. In a separate re
lines will be found court DEGREES atfe'
titles to the water Of this same str
tuh- These DEGREES may divide the '
shot among a minority of claimants, wit
, FIVE anv consideration whatever of
r the rights of the public in the una
priated waters. The county record
1 " serves only to cloud title to una
AN an priated water and discourage II
ii, nents.
eraly The stream under considerable
lhlveS the investor may flow through or
noun der on two or more counties wher
sc .. ter titles are equally as eomplicat
ca /" described for Baker county II
stract the water records OF
Deschutes river would require
new of practically 1000 miles, an
raphic examination of the worthless II
the of five counties.
:, = Under the 1905 act, all filing
! brt irrigation purposes were to be rec
4 sun in the state engineers office at
.t;Ilerv but no penalty was provided
,skard- force this provision. Out Of lSs
l lil.1,, in Raker county under this act
.t,;s five were recorded at Salem.
a. - what was intended for eomplei
,lliger c, r,,ovea II.
no the "EeiS ~,