Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1912-03-29

little value, as We fail TO find in our
constitution any provisions relating
to water The early diversions were
simple, inexpensive, and the water
supply thought to be inexhaustible
The question of title and water sup
ply being complicated mattersl were,
therefore, not given serious consid-
Grafton.
Today rights to the use of water
have become of great value, and the
question of title is paramount
issue. The natural flow on most
streams is insufficient to supply all.
For years litigation before the courts
to secure an equitable distribution
has been increasing in volume and
fierceness with no apparent result
except to impoverish the water user,
and discourage new enterprises. The
water user in time awoke to the
fact that his single handed effort
TO maintain his water supply against
the increasing number of new appro-
priations was doomed to fail without
state protection. 1t was apparent TO
all that the limit of the States agri-
cultural development in fully three
fourths of the State had been
reached, unless the chaotic condition
of water titles could be Strengthened
out, and protection assured to capi-
tai engaged in the storing of winter
flood waters. The logical outcome
of this confusion was the adoption
of a definite system of water titles
by the legislature in 1909
The New Law.
The doctrine of beneficial use was
taken as the basis for such system
of titles. This new law rests pri-
marily upon the declaration that "all
water within the state from. all
sources of water supply belong to
the public and that the state
through its police power is charged
with the administration of this prop
erty in such way as to promote
the peace and safety of its citizens.
TO administer this property a
board was created composed of the
State Engineer and the Superintend-
ent OF each of the two divisions into
which the state was divided. While
certain specific duties are assigned
to the different members of this
Board, the responsibility of determ-
ming old rights, the granting of new
rights, and the protection of all
rights when determined requires ac-
tion of these officers sitting as a
board
Determination of Old Rights.
The systematic determination and
recording of existing water rights
is one of the important duties of
this Board. The task is comparable
to the preparation of the Domesday
Book by William the Conqueror,
which was the first attempt in Eng
land to systematic land titles. This
water record is the foundation for
police regulations necessary for the
protection of the individual user. It
is the basis for computing the sur
plus water in a stream as a guide
for new investments. 1t will also
serve as basis for the distribution
OF water, by the water masters. for
the protection of now as well as of
old rights.
The State is interested in these de-
examinations to see that no more
water Is granted than can be put to
beneficial use. The greater the
amount allowed old appropriations,
the less will remain for new appro-
priators. and the ultimate area which
can be served by each stream will
be reduced accordingly. The indi-
vidual in most cases is anxious to
secure water right certificate be.
cause 1t is final, and is the first
record evidence of his right obtaina-
BILE. 1t is to his water title what
patent from the United States is
to his land title
The State, having neglected for
many years to administer its prop.
erty in water is now undertaking to
make an administrative determine.
lion OF such rights as have become
vested under the early inadequate
laws, and in conformity with certain
principles which have become estab.
lished by custom and by decisions of
our court Each of the early court
decisions almost invariably estab-
lished some new theory until the
average water user found himself
hopelessly confused as to the funda.
mental principles upon which this
water right rests.
These fundamental principles es-
sential to a proper definition of a
water right are briefly as follows:
Beneficial use, its priority, purpose,
period and place of use.
Beneficial Use.
Discussing these in order we have
as a basis Of the right the great
underlying principle Of beneficial use.
1t is due to this principle that we
have no water monopolies in Ore
gon. We have no great blocks of
water held without use for specula-
tive purposes. Our water resources,
greater, perhaps, than those of any
other state of the Union, are still
largely the property of the public,
and are offered practically without
price to him who will but put them
to use.
For the information of the public
and the particular benefit of those
having subsequent rights, the maxi.
mum amount of water which can be
diverted under each right is set out
in the water right certificate. A part
or all of such amount can be denied