The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1908-08-14
ord is, therefore, of no value to the
Resulting Litigation.


public.
Resulting Litigation.
The conditions in California are
identical with those in Oregon. The
Commonwealth club has labored for
years to secure the enactment of mod
ern water laws, and in the proceedings
of this club we find the statement that
the bar of California was delighted to
find in their primitive water laws such
fruitful source of income, and did
nothing to remedy conditions. "The
statutes in question have been the
foundation of some of the large for
tunes Of California, but these fortunes
are held exclusively by the attorneys
of record of the misguided individuals
who availed themselves of the privilege
granted by these statutes.
A case is reported where ditch "a"
sued ditch "B" and upon the sworn
evidence introduced obtained decree
giving it a priority Of twenty cubic
feet of water per second. Ditch OBJ
sued ditch "Co with the same result,
and ditch &C" thereafter sued ditch
GA" with the same result, and there
were still 25 bitches diverting water
from the same stream whose rights were
not determined.
Along the Walla Wal1a river in Ore
gon, litigation to secure a proper di-
vision of the stream has been in prog
ress for about 80 years, without settling
a single issue. This experience is typi-
cal of many other communities and
should serve to demonstrate the failure
Of the present system Of distributing
water by the courts, through injunction
proceedings.
There are approximately 200 bitches
diverting water from this stream in a
distance of 10 miles, for the irrigation
of some 5000 acres. Nearly 500 per
sons or corporations have been made
parties to the latest suit, and Is law,
yers retained to protect the variou,
rights. When the decree is rendered
the relative rights Of the various
bitches will be known, but how will the
water be divided among themi The
pioneer irrigator knows that the couri
cannot deny him his usual water sup
ply, and though his right has been de
termined for perhaps the second OF
third time, the question is still, how
to get this water at the time wher
needed. How will he determine which
of the many bitches above is divertins
water without right, in order TO bring
an injunction suit against its
The decree is binding only on tht
parties to the suit. New appropriation
can and will be made, thus forcing new
litigation. The same conditions which
brought on the present suit still exist
and this decree, without additional leg
iSlation, will be of no more value in
settling conditions than former DEGREES
The supreme court, by consistent de-
crees, has enacted practically all the
water law Of this state. To expect the
court to provide in their decrees for the
complicated administrative machinery
to make water DEGREES effective looks
like a complete shifting Of the burden
from the legislature to the courts
This. in the opinion Of leading water
right lawyers, is not possible.
One Of the leading attorneys in the
Walla Walla river case estimates that
the present suit will ultimately cost be
tween $4,000 and $4,000. This enor
nous drain upon the agricultural re
sources of this small valley, for mega
tive result, cannot help but retard set
tlement and discourage capital.
The purchase Of a water right IL
Oregon means the purchase of law
suit No litigation over water rights
in this state has ever settled any issue
so that it cannot again be raised. The
DEGREES are binding upon only the
parties to the litigation. These decree:
often serve to cumber title to the un
used waters, as the state, interested in
preserving the unappropriated waters
for future users, has not been repre-
sented in court at trials Of these cases
Conserving Our Waters.
In the arid portion Of this state the
area of irrigable land far exceeds the
regular water supply. The summer
flow Of those streams can be increased
many fold by the storage of water in
the mountaine, ard using the natural
channel to convey such water to the
place of intended use. This class OF
development, which is encouraged anc
protected in Wyoming, Idaho and othel
STATUS, 10 oDSVAub0iy 1HpooSlDic III OEo
gon, except under the most favorable
conditions. Capital will not invest il
such storage works until the state pro
vides the necessary administrative ma
chinery for protecting stored water al
it passes down the stream past numer
GUS ditch diversions to the place of in
tended Use.
No State Protection.
It L. not a crime in Oregon to stea
water. In fact, the law encourages it
AS stated above, any person can ae
quire water right by posting notic'
or digging ditch and diverting water
regardless as to the area Of crops de
stroyed at the lower end Of the vale,
by such wrongful diversion. Withou
the necessary administrative machin
cry, and a reliable record of vesteC
rights to the use Of water, it would b.
| impossible to enforce any criminal Law
covering water, even if enacted.
| Theft Of water in an arid region i
! as serious a crime as DESTROYING tn