Wallowa County chieftain. [volume] (Enterprise, Or.) 1909-1911, 1909-04-29
OREGON WATER LAWS.
Review of Provisions Of Code Passed
by the Legislature.
By John H. Lewis. State Engineer.

Il
A water law for Oregon, which Is
believed TO be the best among all the
states of the Union, .--came effective
on February "a, 1909. Complete state
control is provided. No water right
can hereafter be acquired without COM
pliance with this law. 1t abolishss the
old requirement of posting notice on
the bank of the stream. Hereafter,
the priority Of all rights will be deter
mined by the date of receipt of an ap-
plication in the Office of the state engi-
neer. If the application is defective,
it will be returned for correction with
out losing its priority.
The leading feature of this bill is
the limitation of franchises to the use
Of water for power development to q
period of 40 years from the date Of ap-
plication, and the requirement that
reasonable fees be paid to the state in
ali cases by those benefited. The
schedule of fees has been designed to
ultimately pay the entire cost of ad-
ministration, thus relieving the gen.
eral tax payer, who derives only an
indirect benefit through the added pros
perity resulting from increased desel-
opment
The payment to the state of an an
nual license fee of % 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 control
and adjusted from time to time, based
upon the percentage of power appro-
priated which is put to beneficial use.
In brief, the new water code creates
board of control, composed of the
state engineer and the division super
intendent of each of the two water di-
visions into which the state has been
divided, and upon this board rests the
responsibility of determining and re-
cording all water rights heretofore ini-
tiated, the granting of new rights in
accordance with law, and the protec-
tion of all water rights through a COM
prehensive administrative system.
Before any protection can be granted
to vested rights under the new law,
such rights must first be determined
and recorded. Where numerous bitches
tap a stream, and especially if the
stream is long and the summer flow
limited, state protection is necessary.
The cost and time consumed in de-
termining rights under the old law
was very great. The water users along
Silver creek, in Lake county, joined in
a friendly suit to determine their
rights, so that water master could
be employed to distribute the meager
supply, thus preventing annually re-
curing disputes. Fourteen lawyers
were employed on only one side of this
case. Recently, the case was decided
by the Supreme court, after nine years
in courts. During this time, one of
the contestants died, one became in
sane, and number, firing of the con-
iict, 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.
The cost is set out in the law and is
designed to be less than the cost of
an abstract to the land. For irrigation
rights, the cost will be fifteen cents
per acre for each acre for which a
water right is claimed up to one hum
dred acres, five cents from one hum
dred to one thousand inclusive, and
one cent for each acre in excess of
one thousand acres. For power, the
cost will be twenty-five cents for each
theoretical horse power claimed, up to
and including one hundred, fifteen
cents from one hundred to one thou
sand, inclusive, five cents from one
thousand to two thousand, inclusive,
and two cents per horse power above
two thousand, the minimum fee in
either case to be two dollars and fifty
cents. For any other claim to water
the fee is five dollars.
The procedure is simple. A list of
questions is sent to each claimant or
owner on the stream. He is required,
under forfeiture of his right, to answer
the questions which, together with a
survey of streams and land areas and
measurements of the water supply by
the state engineer, furnish all neces-
sary information for an adjucation of
rights. The maps and all statements,
signed under oath before the superin-
tendent, are submitted upon q given
day for examination by all interested
parties. If anyone thinks his neighbor
is making an erroneous or extravagent
claim, his temtimony can be contested.
By this procedure, all errors can be
corrected and, If necessary, further tes-
timony taken. AS soon as possible, an
order is entered by the board, determ-
ining the rights. This order is put in
to execution at once and later filed with
the Circuit court for confirmation. If
no appeals are taken, the order is con-
frmed. If the case is not reopened
within six months, the decree becomes
final.
Upon such final determination, water
right certificates are issued in accord
ance with the decree, These certif-
Gates are then recorded in the county
records and bear the same relation to
the water title as the patent from the
y - = a.