The news=record. [volume] (Enterprise, Wallowa County, Oregon) 1907-1910, 1909-03-31
OREGON WATER LAWS.
Review of Provisions of Code Passed
by the Legislature.
By John H. Lewis. State Engineer.

by the Legislature.
BY John H. Lewis, State Engineer.
A water law for Oregon, which is
believed to be the best among all the
states of the Union, became effective
on February "a, 1909. Complete state
control is provided. No water right
can hereafter be acquired without COM
pliance with this law. 1t abolish4s 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
period of 40 years from the date of ap-
plication, and the requirement that
reasonable fees be paid to the state in
all 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 deVel-
opment.
The payment to the state of an an
nual license fee of 25 cents to So 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 beer
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 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 ditche!
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 aloni
Silver creek, in Lake county, Joined ii
friendly suit to determine thei
rights, so that water master coul,
be employed to distribute the meage
supply, thus preventing annually re
curing disputes. Fourteen lawyer
were employed on only one side of thi
case. Recently, the case was decide
} by the Supreme court, after nine year
in courts. During this time, one Q
the contestants died. one became ir
sane, and number, firing of the cor
fict, sold to others.
If the experience of Wyoming !
any guide, the most complicated cas-
can probably be decided, under tn
new law, within year.
The cost is set out in the law and
designed to be less than the cost G
an abstract to the land. For irrigatio
rights, the cost will be fifteen cent
per acre for each acre for which
water right is claimed up to one hur
dred acres, five cents from one hur
, dred to one thousand inclusive, an
!. one cent for each acre in excess {
one thousand acres. For power, tn
e cost will be twenty-five cents for eac
: : theoretical horse power claimed, up
i. and including one hundred, fiftee
!. cents from one hundred to one thol
sand, inclusive, five cents from on
thousand to two thousand, inclusive
and two cents per horse power abov
! two thousand, the minimum fee
either case to be two dollars and fift
cents. For any other claim to wate
the fee is five dollars.
The procedure is simple. A list {
. questions is sent to each claimant (
! owner on the stream. He is require,
under forfeiture of his right, to answ'
the questions which, together with
y survey of streams and land areas ar
measurements of the water supply /
the state engineer, furnish all nece
sary information for an adjucation
U rights. The maps and all statement
r signed under oath before the superi
tendent, are submitted upon a giv'
o day for examination by all interest,
parties. If anyone thinks his neighb
a is making an erroneous or extravage
claim, his temtimony can be conteste
e By this procedure, all errors can
Is corrected and, if necessary, further te
timoDy taken. AS soon as possible,
order is entered by the board, deter
lining the rights. This order is put i
y to execution at once and later filed wi
NJ the Circuit court for confirmation.
=, no appeals are taken, the order is co
~ - firmed. If the case is not reopen
n within six months, the decree becom
final.
Il Upon such final determination, wat
right certificates are issued in accoI
ance with the decree. These certi
Gates are then recorded in the coun
records and bear the same relation
the water title as the patent from t
United States does TO the land It'll
The right of each user from the stres
TX - froxv, a Ia rfx. J;fcb xry;lI time ha Z