East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-02-23
IRRIGATION|STS MUST
PAY UP ANNUALLY
UNITED STATES COURT
HANDS DOWN DECISION
Judge Wolverton Upholds Annual
Payment Plan OF Department OF In
terior-Decision Specially Relates
TO Klamath Project But Applies to
All.

4 decision of the United States court
which is of much interest to the set
tiers of the Umatilla project as well as
every other government reclamation
project, was handed down Monday by
Judge Bean in Portland. Through
this decision an Interpretation is
given that portion of the Reclamation
act authorizing the collection of main
tenance and operating expenses from
year to year which upholds the annu-
al payment plan Of the department.
The court held that the Depart
menent Of the Interior was authoriz-
ed to collect construction and main.
tenance charges until such time as
one-half Of the entire cost of any
projec' shall be paid and that par
ticular system Of irrigation shall be
turned over to the management Of the
Water Users Association, composed
of people who are making beneficial
use Of She water.
The question was raised by the re-
fusal OF former owners Of the Rla-
math Falls irrigation company to pay
an assessment Of 1908 amounting to
$3.50 an acre District Attorney Nc
Court was compelled to bring action
for the collection Of the amount. In
the pleadings it is recited that the
klamath Falls Irrigation company
was one Of the oldest water-supply-
ing bitches in the country acquired
by the Reclamation Service. Situat-
project it possessed old and valuable
water rights, and in the formation of
the plan to reclaim lands. that sys-
ten became Of Importance to the
service.
Pledges Made at Purchase.
Roscoe z. Cantrill and Cordelia NJ.
Ankeny owned a large part of the
stock of the irrigation company and
the Reclamation Service started into
negotiations by which the system was
acquired in April 1906, by the pay
ment Of $4,000. Cordelia NJ. Ankeny
at that time contracted to purchase
water for the irrigation Of 1900 acres
of land as it should be needed and
"to pay charges duly levied against
such lands for the management and
operation OF lnE sgsNEAll
In 1908 water was delivered to the
lands by the government and the
charges fixed reached $3.50 an acre,
which Mrs. Ankeny refused TO pay.
Water was then turned off from the
lands and her attorneys began suit
contesting the right Of the reclama-
tion officials TO collect any charges.
Under Section of the reclamation
act il was insisted that 1t became in
cumbent on the government to con-
struct, operate and maintain the
klamath Falls project at its own ex-
pense until such time as the govern
ment should have collected so per
cent Of the cost Of the works.
Opposite Contention Expensive.
If the government were able to col
Iect all the assessments levied each
year the granting Of this contention
would mean that the Reclamation
'ervice would be called upon to
I'd s13,OOO.000 in the United States
7alntenance and operation alone.
asserted that all users Of wa
the various projects now in
construction would take
the ruling. II was ar
-ict Attorney McCourt
would cripple the
branch Of the gov
nd that the con-
considered for
provides that
IN received
be turned
ars' AS
-nents