East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-03-12
NEW WATER CODE ANALYzED
BY STATE ENGINEER LEWIS

(By state Engineer John H. Lewis 1
Portland Journal)
A water code for Oregon which
believed to be the best law among al
the states of the union, becomes eff
fective on March "a. 1909. Complet
state control is provided. No waite
right can hereafter be acquired with
out compliance with this law. 1t alb
alishes the old requirement Of post
ing a notice on the bank of tn,
stream, Hereafter the priority of al
rights will be determined by the dat,
of the receipt of an application in the
office of the state engineer If tn,
application is defective, it will be re.
turned for correction without loss OF
priority.
The leading feature Of this bill is
the limitation Of franchises for the
use Of water power development tC
q period Of 40 years from the date
of application, and the requirement
that reasonable fees be paid to the
state in all cases by those benefited.
The schedule of fees has been de-
signed to ultimately pay the entire
cost Of administration thus relieving
the general tax payer, who de-
rives only an indirect benefit through
the added prosperity resulting from
increased development.
The payment to the state of an an
nual license fee of 25 cents to 50 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 con-
troll and adjusted from time to time,
based upon the percentage Of water
power appropriated which is put to
beneficial use.
Creates Board of Control.
In brief, the new water code Gre
ates n board Of control. composed of
the state engineer and the division
superintendent of each of the two
water divisions into which the state
has been divided, and upon this
board rests the responsibility of de-
termining and recording all water
rights heretofore initiated. the grant
ing Of new rights in accordance with
law, and the protection of all water
rights through a comprehensive ad-
ministration system
Before any protection can be grant
ed TO vested rights under the new
taw, such rights must first be deter
mined and recorded. Where numer-
GUS bitches tap a stream, and especi-
ally if the stream is long and the
summer flow limited, state protec-
ton is necessary.
The cost and time consumed in de-
termining rights under the old law
was very great. The water users al
ong Silver creek in Lake county,
Joined in a friendly suit to determine
their rights, so that a water master
could be employed to distribute the
meager supply, thus preventing an
nually- recurring disputes. Fourteen
lawyers We're employed on only one
side Of the case. Recently, the case
was decided by the supreme court,
=
this time, one of the contestants died,
one became insane, and a number,
firing of the conflict 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.
Cost is Not High.
The cost is set out in the law and
IS designed to be less than the cost
of an abstract to the land. For irri-
cation rights, the cost will be Is
cents per acre for each acre for
which a water right is claimed up to
100 acres, five cents from 100 to 1000.
inclusive, and one cent for each acre
in evcess Of 1000 acres. For power,
the cost will be 25 cents for each
theoretical horsepower claimed, up
to and including 100. IS cents for 100
to 1000, inclusive, five cents from
1000 to 1000, inclusive, and two
cents per horsepower above 1000, the
minimum fee in either case to be
$3.50. For any other claim to water
the fee is s..
The procedure is simple. A list of
questions is sent to each claimant or
owner on the stream. He is reuuir-
ed, under forfeiture Of his rights, to
answer the questions which, together
with a survey Of streams and land
areas and measurements of the wat
er supply by the state engineer fur
nish all necessary information for an
Of rights. The maps and
all statements, signed under oath be-
fore the superintendent, are submit
ted upon a given day for examinati- !
on by all interested parties, If any
one thinks his nelghbor is making an |
erroneous or extragant claim. his tes- |
timony can be contested. By this !
procedure, all errors can be corrected |
and, If necessary, further testimony |
taken.
Final After Six Months
As soon as possible, an order is en-
tered by the board, determining the
rights. This order is put into execu-
ton al once and later filed with the
circuit court for confirmation. II no
appeals are taken, the order is con-
'irmed. If the case is not reopened
within six months. the decree be-
zones final
Upon such final determination.
water right certificates are Issued in
accordance with the decree. These
certificates are then recorded in the
county records and bear the same re-
alton to the water title as the patent
rom the United states does to the