The Parma herald. (Parma, Idaho) 1903-1917, 1908-07-11
lord is, therefore, of no value to the
Resulting Litigation.

Z
ears TO secure the enactment of mod
IN water laws. and in the proceedings
# this club we find the statement that
he bar of California was delighted to q
lind in their primitive water laws such s
, fruitful source of income, and did Il
nothing to remedy conditions. 1.-The Z
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 ease is reported where ditch " !"
sued ditch OPP and upon the sworn
evidence introduced obtained a decree
giving it a priority of twenty cubic
feet of water per second. Ditch -
sued ditch "Cv with the same result,
and ditch "Cn thereafter sued ditch
90 - with the same result and there
were still 25 bitches diverting water
from the same stream whose rights were
not determined.
Along the Walla Walla river in Ore
gon. litigation to secure a proper di-
vision of the stream has been in prog
ress for about 80 wears. without settling
a single issue. This experience is typl-
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
distance Of 10 miles, for the irrigation
of some 5000 acres. Nearly 500 per
sons or corporations have been made
] h 1ut NJ
vers retained to protect the various
rights. When the decree is rendered,
the relative rights of the various
bitches will he known, but how will the
water be divided among themf The
pioneer irrigator knows that the court
cannot DENY him his usual water sup
ply. and though his right has been de-
termined for perhaps the second or
third time. the question is still, how
TO get this water at the time when
needed. How will he determine which
of the many bitches above is diverting
water without right, in order to bring
an Injunction suit against it'll
. The decree is binding only on the
e parties to the suit. New appropriations
e can and will be made. thus forcing new
litigation. The same conditions which
I brought on the present suit still exist
: and this decree, without additional leg
) islation, will be of no more value II
e settling conditions than former DEGREES
4 The supreme court. by consistent de
crees. has enacted practically all th'
i water law of this state. To expect thu
II court to provide in their DEGREES for thu
n complicated administrative machlner,
n to make water DEGREES effective look
ID like a complete shifting of the burdei
n from the legislature to the courts
r This. in the opinion of leading waite
IN right lawyers is not possible.
e, One of the leading attorneys IN tn
y. Walla Walla river ease estimates tina
st the present suit will ultimately cost b'
n tween $4,000 and $4,000. This enol
e. nous drain upon the agricultural II
nj sources of this small valley. for a neg'
he tive result. cannot help but retard Sc
p Element and discourage capital
ed The purchase of n water right
Oh Oregon means the purchase of a Law
suit. No litigation over water RICH
he in this state has ever settled any issI
en- so that it cannot again be raised. III
ed DEGREES are binding upon only Il
m. parties to the litigation. These deere
as often serve to cumher title to the Il
oh used waters, as the state, interested
hA9 preserving tut uhdppippAAtNo
ed. for future users. has not been repr
1re sented in court at trials of these eas'
~: ~; Conserving Our Waters.
of In the arid portion of this state t
WIS. area of irrigable land far exceeds t
ow regular water supply. The SUNNI
ieh flow of these streams can be inereas
md many fold by the storage of water
No the mountains. and using the natui
ok channel to convey such water to
an. Mace of intended use. This class
no development. which is encouraged a
are protected in Wyoming, Idaho and oil
the states, is absolutely impossible in o
ex gon. except under the most favora
of conditions Capital will not invest
,rds such storage works until the state p
the vides the necessary administrative I
lion chinery for protecting stored water
.btv il passes down the stream past mum
AZ Gus ditch diversions to the place Of
.145 tended use.
oses NO State Protection.
anu It is not crime in Oregon to ST
49, ~ water. In fact, the law encourages
steu AS stated above. asy person can
t ,.i ouire water right by posting a no
~ or digging a ditch and diverting wa
ne regardless as to the area of crops
W. stroved at the lower end of the va
,u, Is bv such wrongful diversion. Will
- -. the necessary administrative mae
...ns erv. and a reliable record of We
'a4n- rights to the use of water, it woul'
90, ,. impossible to enforce any criminal
H H9Se covering water, even if enacted
.ne Theft of water in an arid regio
~ as serious a crime as destroying
tuu' crop of another, since it amounts
pPro the same thing in the end, yet
FeS' state maintains no department ha
control of diversions from p'
uy streams. There is no department
poI which the homeseeker or investor
wa write TO ascertain if the water ri
su as claimed for constructed works ar
az represented, or whether any unal
the priated water remains in ee
jour stream. Even if unappropriated v
lne exists, there is no method provide
coius law for acquiring clear and undisI
title to this water from the publ
; III whom it belongs.
ordeu It requires constant litigation Of
'aieln' part Of early appropriations to $
o en- their rights. Where the price of j.
lilngs exceeds the value of the water ]
T my the place must be abandoned.
e rec CONCLUDED NEXT WEEK.
Accepted.