East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-02-04
FIGHT WEAKENS
ON WATER CODE
OBJECTIONS SDIsIERED
DOWN TO TWO THINGS
Combination Fighting Conservation
COMMISSIONS Water Code Bill do
Not Like Forty Year Limitation
Provision and Want Other Corpo-
rations TO be Kept Off Streams.

According to the following specla
TO the Portland Journal from Salem
the prospects for the passage of the
famous water code are brighter now
than they have been at any time dur.
ing the session:
Objections of the corporations &C
the conservation commissions water
code bill, so far as they appear above
the surface, have now simmered
down to two things-the 40 year linn
itation on the grant Of power rights
and the question of right to hold on
to the privilege of appropriation to
meet future growth of business des-
pite the fact that competitor may de.
sire to make immediate beneficial use
at the same point or source.
AS the result of a meeting of the
conservation commission yesterday.
the hearing of objections by the rep
resentatives of the big power and ir-
rigation companies, and final hear
ing by the senate committee on ir-
rigation last night, when the points
of difference were again discussed,
several minor points of disagreement
were eliminated and the committee
was brought face to face with The sit
| uatiOn in its largest aspect.
| Chairman ]. n. Teal Of the con-
servation commission gave fair warn
ing at the meeting last night that
there could be no compromise on the
question of time limitation of power
grants. The friends Of the bill would
not yield the 4O-year clause and con-
sent to give away the rights of future
generations.
Vested Rights Under Consideration.
How far the friends of the measure
will go in protecting "vested rights"
is not fully decided The power COM
pany lawyers have drawn a defini-
tin of existing rights that they wish
to have incorporated in the bill, and
Mr. Teal and his colleagues on the
commission are giving the proposed
clause close inspection.
To H. V. Gates of Hillsboro, who
states that his interest in the ques-
tion is that of prospective appropri-
ator, the Legislature is indebted for
bald, unembelished statement of
what the power companies want. He
went so far as to assert that no man
in his right senses would invest in a
power plant with 40 year limitation,
and to say that the state of Oregon
had lost nothing to date by power
rights already vested.
Anything, So It's a Right"
He met with quick response from
Teal and others, who pointed out that
corporations are anxious to get 25
year franchises in Portland, or even
revokable permits in some instances,
although a few years ago the men
conducting these enterprises were
saying that not a dollar would be in
vested unless perpetual rights were
granted. And Representative Eaton
told of the city of Eugene, which
found all water appropriated, and
when it wanted to obtain possession
of water right filed upon a private
speculator, who had invested moth
ing, it was asked 20 pay sS5,000 for
the "vested right"
The men representing the power
in the hearing were Rob-
ert G.. Smith, attorney for the Condor
Power company, F. 7. Griffith, for
the Portland Railway, Light & Pow
er comanpy Jesse Stearnes for the
Deschutes Irrigation & Power COM
pany, II. V. Gates of Hillsboro and
A. NJ. Drake of Bend.
Smith and Griffith made the chief
arguments. The former directed his
at the possible hampering |
II investments by allowing rival COM
,anies to come in and file on water
when an established company was
'eady and willing to enlarge it's plant
Is fast as the demand would justify
ie held that the bill should be am
nded to allow a reasonable time"
, use up to the limit of appropri-
tion, and he did not want that time
United.
r. w. Montague pursued Smith in
o a corner at this point by securing
n admission that the amendment
'ould almost certainly tend to mon
poly, as 1t would permit one COM
any. while using part of the water
+ a stream, to keep out competitors,
sing more of the water as its busi-
ess gradually developed, until such
ime as 1t thought conditions war;
anted the use of the full amount ap-
ropriated, perhaps the full flow of
he stream.
Three Classes of Appropriations.
On this point DR.. ]. r. Wilson gave
n Illuminating talk, in which he
aid he thought a distinction should
'e drawn between three classes of
'ower appropriations:
First, where a company appropri-
ltet1 for instance. on third of a l
tream. and is using that amount. In
uch case the vested right should be
ully protected
Second, the company that uses one
hird and in anticipation of future
business has built to handle two
birds. In such case the equity of
he additional third should be re-
.arded.
Third, the company that has built
or two thirds, uses not to exceed two
birds. but wants to hold the privi-
ege Of taking the remaining third
nd of keeping competitors out. mil
uch case, he said. the remaining i
bird should be preserved for the pub
ic and held open for other appro-
Dr. Wilson also touched on the de-
of the small farm as the 4