East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-07-01

Washington.-At the request of
John Irwin, representing the mem
bers Of the klamath Water Users as
sociation, Representative Hawley re-
Gently laid before Secretary Ballinger
Three questions were involved; one,
and the rights of settlers on the
klamath irrigation project, and re-
Quested a detailed statement from the
secretary which would act as guide
for the members of the association.
Three qqestions were involved; one,
whether the settler owning more land
than he can hold permanently must
pay for water for his whole tract,
and if so, if the payments for the sur
plus land can accrue as lien against
that portion of the land which must
later be sold.
Another question related to pub
lie roads crossing farms on the pro-
ject. The settlers object to paying
for water for that portion of their
land which is used for roadway, al
leging that 1t is not solely at their dis
posal. The third question had to do
with discrepancies that exist between
the actual area of private holdings
on the government plats. Settlers
feared that this discrepancy might
interfere with the sale of their land
in case they desired to sell off all or
part of their holdings.
May Accumulate Maintenance.
The answer of the secretary, ad-
dressed direct to Mr.. Irwin, is as fol-
lows:
al. Operation and maintenance
charges and their collection as ap-
piled to excess lands
This question resolves itself into
the matter of the accumulation of
the portion of the installment for op-
Grafton and maintenance and raises
the question whether one who applies
for a water right in subsequent years
should be required to pay the opera
ton and maintenance charges for
preceding years I note your recon-
mendation that this portion of the
installment be made a lien against
the land accruing from year to year.
This matter is one to which the de-
partment has given some considera-
ton and your suggestions upon the
matter will receive careful thought.
If a decision should be made to ac-
cumulate the operation and main
tenance charges, appropriate notice
will be given to the association.
Pay for Water for Roads.
"2. Your second inquiry is in re-
gard to the inclusion within the ir-
rigable acreage of the farm units of
the areas of the public roads which
may cross that tract.
1.-THE practice of the department in
regard to irrigable acreage is more
liberal than that of private irrigation
companies. The latter as rule
make no deduction of any kind and
each applicant is required to pay for
the total area of his tract which is
under the irrigation system The de-
partment excludes practically all nom
irrigable areas and proceeds upon
the theory that the water user should
pay his share of the cost of con-
struction. In regard TO the roads, the
practice of having trees along the
roads is so general that it is recog-
nized throughout the irrigation coun-
tries that the lands bordering upon
roads take a larger proportion Of wa
ter on account of the existence OF
trees and other vegetation, usually
planted or growing up along the ca
nails and laterals which border the
road.
"The department makes deduc-
tlons from the irrigable area on ac-
count of right Of way for large ca
nails and railroads, but does not make
deduction for small canals or roads
The arrangement in question is just