The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1909-05-14
thus making it necessary to follow land
titles thereafter in abstracts.

the streams of the state can hereafter
be acquired for any purpose without
compliance with law. For intelligenS
use and development of our water re-
sources some central Office must be
provided, where reliable record of all
water rights can be found, The di-
version of water without the necessary
permit is made misdemeanor.
The application should be accompan-
led by fee of So for examining the
same, together with the additional
fees, depending upon the proposed use,
as follows:
For irrigation, graduated as follows:
Is cents per acre from 0 to 100 acres;
s cents per acres from 100 to 1000
acres: l cent per acre for each acre in
excess of 1000. For power. gradual
ed as follows: 25 cents per horse
power from 0 to 100; 10 cents per
horse power from 100 to 1000; 5 cents
per horse power in excess of l, 1000.
For any other purposes, including ap-
plications by municipalities, SIS.
Three different forms are provided
for the appropriation of water; one to
be used in case of new appropriations,
another to be used where the appropri-
alton is to be made by the enlargement
or extension of existing works and
third form where the application is for
permit to construct reservoir and
impound surplus waters. A separate
application must be made for permit
to appropriate stored waters prior to
its application to beneficial use. This
application is made on the first form
mentioned above, and is then known as
secondary permit, and must refer to
the primary permit, and to the reser-
voir from which the water supply is to
be derived. These forms, together
with instructions, can be secured by
addressing the state engineer, Salem.
Work must commence within one
year from the date of application and
be completed within reasonable time,
as fixed in the permit, not to exceed
five years.
If the water is applied to the bene-
fetal use within the time allowed,
proof is taken of such fact by the di-
vision superintendent and certificate
issued the applicant by the board of
control. This certificate is of the same
form as issued to early appropriations
upon determination of their rights, as
described above.
The new method of initiating water
rights may seem cumbersome as COM
pared with the old method, but it is
worth all it costs. The right, when
finally granted, is absolutely deter
mined as to all rights hereafter initi-
ated. 1t will be determined as to all
the world, after a determination as
above outlined. This determination is
made without cost to the new appro-
priator.
No large canal can be operated with
out one or more water masters to di-
vide the water in accordance with the
rights and needs of the different later
ais. Likewise, irrigation from public
streams cannot be a success without
water masters to regulate diversions
The use of streams to convey stored
water to its place of use was impossi
BILE under the old law, and the con
struction of many reservoirs was thus
prevented.
As rights are determined under tn,
new law, districts are created ant
water masters appointed, where de
manded by the water users, to enfort
the DEGREES of the board or of tn.
courts. This officer is accountable te
the division superintendent and pro-
tects, not only the early rights, but al.
SO all new rights and the rights of res
ervoir owners.
When headgate has been lawfully
closed to admit the proper quantity of
water, or shut entirely, it is a misde-
meanor for the owner to disturb it.
If the gate has been wrongfully opened
during the night, the presence of moist
ure in the ditch in the morning is de-
clared to be sufficient evidence to con-
vict the owner of unlawful use.
With such an officer available, capi-
tai will not hesitate to invest in stor-
age works. The water, when released,
can and will be protected by the water
master, no matter how many bitches
intervene, and the owner permitted to
divert an equal amount, less that lost
by seepage and evaporation.
The final object of the new water
law is the protection of vested rights,
when determined, and to encourage
the development and use of our un-
appropriated waters. This encourage
ment is provided in the definite pro-
cedure for requirement of new rights.
The fees are of no consequence to the
one who contemplates putting the
water to beneficial use. In fact, the
certainty of right, which is essential
as basis for intelligent investment
on a large scale, is worth far more
than it costs. The old-time notice
man, whose chief business under the
old law was to hold up the public, is
effectively discouraged by these fees.
The office of the board of control is
located at Salem. 1t is composed OF
three members. appointed by the gov
ernor as follows: John H. Lewis,
state engineer, Salem, president; F.
M. Saxton, Baker City, and H. L. Hol-
gate, Bonanza, Klamath county.
Messrs. Holgate and Saxton are re-
spectively the division superintendent
of the Western and Eastern water di-
j L