The Parma herald. (Parma, Idaho) 1903-1917, 1908-07-18
STATE CONTROL OF WATER
'"Per Presented at Recent Meeting
OF Oregon State Grange

~pe' PRESENTED at Recent Meeting
OF oregon State Grange.
By John H. Lewis. State Engineer
CONTINUED FROM LAST wEEK)
Laws Of Other States.
oregon, Washington and California
nave the poorest water laws of the
western states. Colorado profited by
the mistakes of California. Later Wvo.
ming and Nebraska adopted laws which
nave been taken as models nv other
states, except that adiudications of the
early rights are made by the eonrts in.
stead of by appointed boards az in
.hese states. The water law defeated
by our legislatures of 1905 and 1907
IoiloWed closely the laws recently en-
aeteu by Utah, Idaho, North and South
DaAota and Oklahoma. The Canadian
IA" mas been declared by resolution of
tne American Irrigation Congress- to
De the best of its kind On this CONT
nent. All these modern laws are based
upon the water laws of Italy, which
nave developed through centuries of
experience. Thus Oregon has no lack
ef 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 a ear; that
the burden on taxpayers would be ex-
cesslve; and that the appointment of
an unlimited number of water masters
was the basis of a 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 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 DEGREES 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
" defined and recorded when granted
This determination of early rights may
take from 10 to 90 years, judging from
Wyoming's experience, where Is year
have been consumed in recording thu
territorial rights under the new law
The system of dividing the state int
districts, according to drainage basins
with one or more water masters il
charge of each basin, has been demon
d! strated as the only feasible plan o
protecting the interests of all con
cerned.
' The fees charged in the granting o
: titles by the state were intended With
/ a few years to more than meet the COS
- to the state. If franchises to the us
; of water were limited in time, an
= ultimately a charge made for the us
of this public resource, the state waite
J, department could, in time, be made [
q yield a large revenue to the state.
= The cost of actual distribution wa
to be borne by the counties benefited
d Directing to the bill on the ground o
: cost is false economy. 1t is like OF
Il iecting to the appropriation of som
= $4,000 annually to maintain stat
J land department, which is valuabl
source of income to the state, or lik
s Directing to the cost of our police pr'
: lection for other property than waite
c which protection saves annually to tn
J. public far more than its cost.
State and Government Reclamation.
Oregon has 100000 acres of govern
s ment land withdrawn from entr,
n pending reclamation by the state undo
n the provisions of the Carey act. TIL
q area is equal to the combined area {
all irrigated land at the present tim
{ or nearly twice the combined area
the Klamath and Umatilla irrigatio
n projects of the government.
During the first six months of l9C
the state land board authorized th
sale of water rights to these desc
1ords amounting TO 1882 700. III