The evening herald. (Klamath Falls, Or.) 1906-1942, 1909-12-02

at that time were not limited BY law,
as IL now the case In Oregon. These
waters were partly used by them for
power purposes above klamath Falls
They also owned the major portion of
the right OF way necessary for the
Keno canal on the west side Of Link
river, which Is necessary for the irri-
cation Of the lands between klamath
Falls and Keno. on the west side.
For all these rights the govern.
ment agreed to build a portion OF the
Keno canal with 80 per cent larger
capacity than needed for the govern
ment project. In order to carry por-
tion Of the water to which Moore
Bros. were entitled. to = point where
greater fall could be obtained and
enough power developed to compen-
safe them for the rights surrendered.
This canal as built cost less than
$4,000.
No Water Right Granted
THE government granted no water
right. but received q concession Of a
portion Of the water rights already
claimed by Moore Bros. and retains
the possession Of the canal and the
use Of two-thirds OF It's capacity for
public purposes, while the other third
carries the water to which the Moore
Bros. are entitled to Q point where
they have Installed plant for It's use.
The total expense incurred BY the
government. therefore. and the com.
pensation which II gives to Moore
Bros. by this contract is q proper
tionate part OF the expense Of the
canal required to carry their waters. |
one-third OF $4,000. or $4,000.
This Is a low valuation to place upon
the rights Of way and water rights
obtained by the government as far az
possible In Its construction work.
THE Ankeny canal was purchased
for $4,000. and not 100000. as
stated by your correspondent. Neither
was this canal valued ut $4,000 BY
any government engineer. so far as
known. The price paid is considered
reasonable BY good judges. and its
purchase was necessary to clear the
way for the government project.
The purchase OF the work. rights
md fllings Of the klamath Canal com.
,any. which had entered the field ut
his point before the government be-
IAN work. was made for el50.00O--
J price which has been much dis
'ussed and specifically approved by
he irriEstors At the time as being
'ntirely reasonable and Just. A
much ~ possible Of this work was
Utilized In the construction Of the
lnal project. but not all could be 80
Utilized. but the purchase was neces-
ary to clear the field. and avoid liti-
alton.
'hree Reasons Given
The klamath project. In spite Of
II obstructions and dificulties. physi-
nj. legal and financial. was approved
y Director waicott and Secretary
Hitchcock mainly for three reasons:
'First--As above quoted. the Law
equired 4 large amount Of work to
9 taken up In Oregon and Califor-
IL. a. these are states In which large
INNS are received from the sales of
ublic lands. and no other feasible
roject had at that time been discov.
red In either. Al the present time
10 expenditures In Oregon and Cali
,rnia are less than the law requires
nd this fact b being constantly used
} bring pressure upon the depart
lent to take up additional work In
lese states.
Sec0nd-It Is an interstate prof.
ct and for this reason could not be
, advantageousiy developed by. pri-
ate capital or state authority. The
late OF California and Oregon both
assed legislative enactments invit-
,g the United States to take up this
roject. and ceded all rights to state I
lnds to the United States for this
urpose. The local people. including
IL. Ady. also urged the adoption of
10 project.
"Third-Upper Klamath lake.
.lamath river and Lower Klamath
Ike are all navigable waters. and
,erefore are under the Jurisdiction
the general government.
THE legality OF irrigating land
,at may also require drainage was
,refully considered by the assistant
and determined In
le Affirmative"