The news=record. [volume] (Enterprise, Wallowa County, Oregon) 1907-1910, 1910-03-09
HAPPENINGS FROM AROUND oregon
oREeoNs NEW WATER CODE.
Methods of Registering Water Rights
Under State Law

Methods of Registering Water Rights
Under State Law
Salem-The following statement was
prepared by State Engineer John Fl.
Lewis to refute some of the charges
that the new water law passed by the
Legislature last year is too intricate
and cumbersome:
"The assertion has been made that
the Oregon water code is 80 intricate
and restrictive in its operation as to
prevent or greatly check the use of
streams either for power or for irriga-
tion.
"For the purpose Of throwing some
light on this subject summary of the
filings made under this law in the
state engineers Office between Feb
ruary "a and December 81, 1909, has
been made.
"a total of AGA applications for per-
mits to appropriate water have been
filed, the estimated cost of the pro-
posed work, as given by the appli-
cants, amounting to $50, 100000 The
magnitude of these figures can be ap-
preciated when it is remembered that
$2,100, 900 represented the total cost
Of all irrigation works prior to 1902,
according to- the United States census,
and it is believed that 5000, 900 will
fully cover all expenditures made since
such date, including those of the gov
ernment.
"The fees paid to the state in con-
nection with these filings amount to
$9,70O, sum which more than covers
the cost to the general taxpayer of
the state engineers department. No
complaint as to excessive fees or un-
reasonable regulations or restrictions
has been heard. Water right records
are necessarily moro complicated than
land records, and the applicant, or
rather those which have appeared at
the office, seem to think the cost does
not exceed the benefits. Sixty-two of
the 464 applications have been can
celed from the records and the water Is
subject to reappropriation.
"The water code makes no annual
charge for the use of water for power
development, but limits the franchise
or right to period of 40 years, sub
ject to preference right of renewal
under the laws then existing. 1t
should not be confused with separate
law which provides for an annual tax
Of 25 cents to 50 upon each horsepower
developed. But little complaint as to
the excessive amount of these fees has
been heard from the small appropriation
who intends to apply the power to his
own use. It is different. however,
with the large appropriation and its re,
tsrding influence is reflected in the
small number of such filings made un'
der this law. Only few of the small
appropriations have paid the tax in re-
sponse to notices sent out prior to Jan
uary 2.
"Forty-nine petitions for the deter
mination of water rights on varion'
streams of the state have been filet
with the board of control. Thii
board is composed of the state engin
eer and the division superintendent O.
each of the two divisions into whicl
the state is divided. Surveys hav,
been completed and testimony takel
on nine of these streams. All irrigat
ed lands, power plants, bitches, etc.
along IL other streams have been 10
Gated and mapped during the past sea
son by the state engineer. In all
$1,000 acres Of irrigated land hav
been accurately measured and mapped
at cost Of 71s cents per acre.
"The most important Of thes
streams are the Umatilla river and al
its tributaries, Crooked river, Squay
creek and Tumalo creek, in Croo
county, Willow creek In Moro county
and Willow creek in Malheur county
also Little Butte creek in Jackso
county. The popularity of the Ia,
with respect to the adjudication Of ol
rights has far exceeded the expectatio
of the legislature, as the appropriate
for the state engineers Office is so lin
tied that surveys cannot keep pac
with demands.
"No right to the use of water ca
be acquired except by application Il
and the issuance of permit, by th
state engineer. The records as sun
married. above and the experience {
this office during the ten months {
1909 during which the water code hs
been In effect, leads 10 the conclusio
that this law is entirely satisfactory
the prospective investor and settler
II has already stimulated the develop
ment Of the state through irrigation
Power filings and doubtless power d
velopment has been somewhat retarde
by the annual tax provided for in
separate law. Complaints as to tn
feature should not be directed AGAIN.
the water CODE"
To Pipe Water In Farming Section
Hood River-The Hood River Farm
er's Irrigating company will hold
special election March to consid,
the matter Of piping their irrigatir
system through the farming section ,
the valley. The election has be.
called by "a Of the stockholders wi
signed a petition asking for the NEE
inc. IL In known that the minority