Daily capital journal. (Salem, Oregon) 1903-1919, 1911-01-02

u
Of 2446 miles have been actually
located and mapped. These canals
serve TO irrigate lI0.39t acres OF
land scattered over PA dlIierehI
townships. These surTeys cost 81
523 Of ~ cents per acre or irrigated
land actually located. ,
Adjudlcation proceedings have
been commenced or II OF these
streams. which have been surveyed
the water shed area OF W IS
doubla crossed on the map above
ferred to, fourteen Of these are IN
the eastern division, and three in the
western division. The original eyi-
dence has been taken in all these
cases. 1913 claims to water having
been filed for the irrigation OF So
S62 acres at an average cost OF
1855 to each claimant. The cost
to claimants for irrigation purposes
average IS cents per acre irrigated.
An order determining the rights
TO water has been entered nj seven
OF the above mentioned cases, the.
proceedings being well under way in
nearly all others. a final decree Of
the circuit court has been secured,
confirming three out Of the seven
cases completed by the Board
Features OF the Water Law.
The State Engineer and the two
Superlntendents, sitting as a Board,
have power to determine all water
rights on a given stream upon the
application of any water user. This
determination is based upon field
surveys by the State Engineer and
testimony taken by the Superinten-
dent. The testimony is in the form
of answer TO questions upon a sim
pie blank form. which Is sent to each
claimant 80 days in advance of the
date of hearing. When all Of the
claims have been subscribed to un-
der oath before the superintendent,
they are. after notice, submitted for
the inspection of all interested water
users and contents permitted, In.
this way, accuracy of information is
assured, as self-interest will compel
each water user to see that his
neighbor's claim is not in excess Of
that to which he is entitled
Upon the evidence collected an
order will be entered by the Board
setting forth in tabular form the
priority, location and extent Of each
right. This order becomes effective
at once and can be enforced by the
appointment of water master Il
is later filed with the Circuit Court
for confirmation. If no exceptions
are taken within 80 days, a decree
must be entered affirming the de-
termination of the Board. A water
right certificate is then issued by the
Board to each claimant, based upon
the decree. This certificate will be
to the water right what the patent
from the United States is to the land
title The law operaes to make the
water appurtenant to the land where
used, The fees, payable in advance,
are expected to about equal the cost
to the State of these determinations
The experience gained by the Board
in the first determination is carried
to the next stream perhaps in an
other judicial district, and their re-
port of defects in the law will be a
valuable guide to the Legislature for
further action
No tight to the use of water from
any stream can hereafter be ACQUIRED
without compliance with law. This
insures a complete and reliable
record of new rights, which is neces-
sary to promote the development Of
our water resources, The reliability
of this record is further assured by
the penalty making it misdemeanor
to divert water until the issuance of
a permit by the State Engineer This
officer has power to limit the amount
of water asked for, and to fix the
time within which the works must be
completed and the water applied to
beneficial use. A permit can be
denied where the proposed use is a
menace to the safety and welfare of
the public. The fees payable to the
State in connection with the grant
ing of permits are expected to fully
meet the cost OF administration.
No protection can be granted byI
the State for early rights until after
they have been determined. A single
determination on stream is final,
because it involves all claimants.
New appropriations cannot compli-
cate the situation, for the reason
that such rights will be fully defined
and recorded at the time of initia-
tiCn.
By making water appurtenant to
the place of use, a uniform system
OF township plats can be employed
for recording determined rights. 20
that only few seconds will be re-
quired to ascertain whether a, given
tract OF land has valid water right
This information will ultimately
De published in tabular form for the
convenience Of the water user the
prospective investor, and especially
as guide to the water master
whose duty it is to distribute the
water in accordance with such rights
When all the rights on any stream
have been determined, water mas
ter will be appointed, who car he
called out during times of scarcity tn /
protect any water user. The head
gates of all bitches above will be ad-
lusted to admit only the amount of
water to which each is entitled
bitches Of late priority may be ON.
urely closed The law makes II
mlsdemeanor TO disturb a headgate
when lawfully closed by the water
master. '0'
Stored water, when released into
the natural channel of A stream q,
also protected by the water master
and the owner permitted to divert IN
equal amount less that lost in transit
oy seepage and evaporation.
The basis of the law is priority Of
appropriation and beneficial use
Ihe use is the basis of the right /
ana not the capacity of the dircb or
the appropriation made Uhor
termination Of the time allowed IN