Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1909-04-01
OREGON WATER LAWS.
Review Of Provisions of Code Passed
by the Legislature.

by the Legislature.
BY John H. Lewis. State Engineer.
A water law for Oregon, which i
believed to be the best among all tn
states of the Union, became effective
on February "a, 1909. Complete STATE
control is provided. No water righ
can hereafter be acquired without com
pliance with this law. 1t abolishss tn,
old requirement of posting notice OF
the bank of the stream. Hereafter
the priority Of all rights will be deter
mined by the date of receipt of an ap
plication in the Office of the state engi
neer. If the application is defective,
it will be returned for correction with
out losing its priority.
The leading feature of this bill il
the limitation Of franchises to the use
of water for power development to a
period of 40 years from the date of ap-
plication, and the requirement that
reasonable fees be paid to the state in
all cases by those benefited. The
schedule of fees has been designed to
ultimately pay the entire cost of ad-
ministration, thus relieving the gen.
eral tax payer, who derives only an
indirect benefit through the added pros
perity resulting from increased deyel-
opment.
The payment to the state of an an
nual license fee of 25 cents TO So per
horse power hereafter appropriated
was provided by the Eaton bill, which
takes effect on May %. This fee is to
be collected by the board of control
and adjusted from time to time, based
upon the percentage of power appro-
priated which is put to beneficial use.
In brief, the new water code creates
board of control, composed of the
state engineer and the division super
intendent Of each Of the two water di-
visions into which the state has been
divided, and upon this board rests the
responsibility of determining and re-
cording all water rights heretofore ini-
tiated, the granting of new rights in
accordance with law, and the protec-
tion of all water rights through COM
prehensive administrative system.
Before any protection can be granted
to vested rights under the new law,
such rights must first be determined
and recorded. Where numerous bitches
tap stream, and especially if the
stream is long and the summer flow
limited, state protection is necessary.
The cost and time consumed in de-
termining rights under the old law
was very great. The water users along
Silver creek, in Lake county, joined in
friendly suit to determine their
rights, so that a water master could
be employed to distribute the meager
supply, thus preventing annually re-
curing disputes. Fourteen lawyers
were employed on only one side of this
case. Recently, the case was decided
by the Supreme court, after nine years
in courts. During this time, one of
the contestants died, one became in
sane, and a number, tiring of the con-
flict, sold to others.
If the experience of Wyoming is
any guide, the most complicated case
can probably be decided, under the
new law, within year.
The cost is set out in the law and is
designed to be less than the cost of
an abstract to the land. For irrigation
rights, the cost will be fifteen cents
per acre for each acre for which
water right is claimed up to one hun
dred acres, five cents from one hun
dred to one thousand inclusive, and |
one cent for each acre in excess of
one thousand acres. For power, the
cost will be twenty-five cents for each
theoretical horse power claimed, up to
and including one hundred, fifteen
cents from one hundred to one thou
sand, inclusive, five cents from one
thousand to two thousand, inclusive,
md two cents per horse power above
,wo thousand, the minimum fee in
either case to be two dollars and fifty
.ents. For any other claim to water
he fee is five dollars.
The procedure is simple. A list of
Iuestions is sent to each claimant or
'wner on the stream. He is required,
nder forfeiture of his right, to answer
he questions which, together with
urvey of streams and land areas and
measurements of the water supply by
he state engineer, furnish al neces-
ary information for an adjucation of
lights. The maps and all statements,
igned under oath before the superin-
endent, are submitted upon a given
ay for examination by all interested
arties. If anyone thinks his neighbor
J making an erroneous or extravagent
laim, his temtimony can be contested. :
" this procedure, all errors can be ,
orrected and, if necessary, further tes-
mony taken. As soon as possible, an
rder is entered by the board, determ-
ling the rights. This order is put in {
, execution at once and later filed with I
le Circuit court for confirmation. If |
D appeals are taken, the order is con- {
rmed. If the case is not reopened G
ithin six months, the decree becomes
nal. I
Upon such final determination, water I
ght certificates are issued in accord G
ice with the decree. These certifi- S
ltes are then recorded in the county \
'cords and bear the same relation to g
e water title as the patent from the i
nited States does to the land title. $
he right of each user from the stream @
from large ditch, will thus be de- v
rmined. The law makes the grant r