Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1908-08-07
ora is, therefore, of no value to the
Resulting Litigation.


The conditions in California are
identical with those in Oregon. Tne
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 ga"
sued ditch "B" and upon the sworn
evidence introduced obtained a decree
giving it priority of twenty cubic
feet of water per second. Ditch "Bo
sued ditch &C" with the same result,
and ditch &C" thereafter sued ditch
"a" with the same result, and there
were still rs 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 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 25 law
yers retained to protect the various
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
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 divertipg
water without right, in order to bring
an injunction suit against itf
The decree is binding only on the
parties to the suit. New appropriations
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 DEGREES for the
complicated administrative machinery
to make water DEGREES effective looks
like 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
Element and discourage capital.
The purchase of a water right in
Oregon means the purchase Of a 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 DEGREES
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 these streams can be increased
many fold by the storage Of water in
the mountains, and using the natural
channel to convey such water to the
place of intended use. This class Of
development, which is encouraged and
protected in Wyoming, Idaho and other
states, is absolutely impossible in Ore
gon, except under the most favorable
conditions. Capital will not invest in
such storage works until the state pro-
vides the necessary administrative ma
chinery for protecting stored water as
IL passes down the stream past numer-
Gus ditch diversions to the place of in
tended use.
No State Protection.
1t ID not crime in Oregon to steal
water. In fact, the law encourages it.
AS stated above, any person can ac-
quire water right by posting a notice
or digging ditch and diverting water,
regardless as to the area of crops de-
stroyed at the lower end Of the valley
by such wrongful diversion. Without
the necessary administrative machin.
cry, and reliable record Of vested
rights to the use Of water, it would be
impossible to enforce any criminal law
covering water, even If enacted.
Theft Of water in an arid region ia
as serious crime as destroying the
crop OF another, since 1t amounts to
the same thing in the end, yet this
state maintains no denartmerf hay;nn