The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-08-27
STATE CONTROL OF WATER.
Paper Presented at Recent Meeting
of Oregon State Grange.

Laws of other States.
Oregon, Washington and California
have the poorest water laws of the
western states. Colorado profited by
the mistakes of California. Later Wyo-
ming and Nebraska adopted laws which
have been taken as models by other
states, except that ad judications of the
early rights are made by the courts in
stead Of by appointed boards, as in
these states. The water law defeated
by our legislatures of 1905 and 1907
followed closely the laws recently en-
acted BIZ Utah, Idaho, North and South
Dakota and Oklahoma. The Canadian
law has been declared by resolution of
the American Irrigation Congress to
be the best Of its kind on this CONT
nent. All these modern laws are based
upon the water laws Of Italy, which
have developed through centuries of
experience. Thus Oregon has no lack
Of 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-
c~essiye; 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 a given
stream. Therefore, no water master
Nulil w dHIbAhNth hhAAA ohth 'AAAANs ]
These Authorizations 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-
-..AAan laur 1angv NhA Antnr-I
mination of the early rights are de-
as these rights will be complete
Iy defined and recorded when granted.
This determination of early rights may
take from 10 to 20 years, judging from
Wyoming's experience, where is years
been consumed in recording the
territorial rights under the new law.
The system of dividing the state into
districts, according to drainage basins,
with one or more water masters in
charge of each basin, has been demon
as the only feasible plan of
protecting the interests of all con
cerned.
The fees charged in the granting of
by the state were intended within
a few years to more than meet the cost
to the state. If franchises to the use
water were llUliIeu III IiHut, anu
ultimately a charge made for the use
Of this public resource, the state water
department could, in time, be made TO
yield a large revenue to the state.
The cost Of actual distribution was
10 be borne by the counties benefited.
Directing TO the bill on the ground of
cost is false economy. 1t is like OBJ
to the appropriation of some
annually to maintain a state
and department, which is a valuable
source of income TO the state, or like
Directing to the cost of our police pro- (,
lection for other property than water, |
which protection saves annually to the /,
public far more than its cost. :,
State and Government Reclamation. ,
Oregon has 100000 acres of govern. |
nent land withdrawn from entry, .
reclamation by the state under /,
he provisions of the Carey act. This /,
irea is equal to the combined area of [
m irriuaEed land OF tba DraSarf Alma \