The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1914-05-16
Mac. Taket Different View.

To the Editor: - Upon receipt
of the Nickel letter set forth In
the communication of Mr.. Ed.
ward +. Treadwell in last week s
issue of The Times-Herald,
realized that it was carefully
prepared by the legal department
of the company for public con-
sumption. II is one of those pro-
ductions that reads well but
doesn't mean what it pretends u
state. | did not suppress the
letter. On the contrary ] read il
to yourself. several attorneys and
other citizens of Burns. and have
since referred to the plan therein
outlined several times in the pub
lie print.
! quite agreed with the state
ment of the letter that all water
rights must be definitely deter
mined before Silvies River pro-
ject would be a success. 1t is
the method of obtaining these
desired results upon which Mr..
Treadwell and | differ.
In my prompt reply to that let
ter called Mr.. NickePs atten-
ton to the impossibility of ar
ranging for the complete adjust
ment of water rights on q large
stream by Individual agreement
for the legal reason that a con-
tract, like a law suit, is binding
only upon the parties TO 1t.
While one might possibly have
secured individual agreements
with all claimants. there would
be nothing to prevent one user
from objecting to and interfering
with the contract of another,
either above or below him on the
stream. 1t has been principally
to overcome this obstacle that
state legislatures have been la
boring for years and which is re-
\ sulting in the adoption of COM
plete water codes.
Residing at q great distance
and having much land and water
litigation down in California to
take care Of, Mr.. Treadwell Is
evidently not fully informed on
matters in Harvey county as in
dicated by his statements:
lst. That ! initiated and in
stigated the state adjudication.
The application on which the pro-
ceeding was undertaken by our
Water Board was signed by Fred
Otley and a few of his neighbors
in the Lawen country. and was
filed some time prior to my first
visit to Harney county. The ap-
plication was filed with the direct
representation to the State En-
gineer's Office that the p. l.. s.
Co. was depriving other users Of
their just water.
Ind. That The Pacific Live
Stock Company. at the time that
proceeding was brought was at
peace with practically every one
on Silvies River, and there was
practically no dispute between
the pai ties as to the use of the
water of the stream" Gen.
Heurta can claim he is at peace
with all Mexico with far better
grace. 1t is true that a few of
the water users were partially
subdued at times by the attempt
ed enforcement of a court decree
based upon stipulations forced
upon the claimants by the same
methods the settler was success
fully elected from the Red S"
field in 'S9; namely, by the threat
to drag them and their witnesses
to Portland and break them in
expensive litigation. Just as the
company endeavored to remove
the present proceeding to the
Portland courts. When there is
peace good citizens are not jerked
up for contempt of court and do
not organize and go out in the
night and tear out dams and de-
stroy bitches. The peace and
serenity in Harney Valley is not
apparent to a recent arrival.
3rd. That the process of ad.
justing water rights under the
Oregon law is a tremendously ex-
pensive one, involving long drawn
out and disasterous litigation.
On the contrary the method Of
adjustment provided by our wa
ter code has proven to be one the
speediest and most economical
methods yet devised. The law
went into effect in the summer
of 1909. and the rights in several
watersheds involving more wa
ter and a greater number of
claimants than involved in the
Silvies River, have already been
fully adjusted, passed upon by
the courts, and projects con-
structed or in the process of con-
struction. 1t has proven so eff
fective that other states have
adopted similar laws. Washing
ton will undoubtedly adopt a
water code at the next session of
the legislature and California.
recognized as having the most
ineffective water laws and the
most inadequate administration
thereof of any state, is now con-
templating a similar step. Law
suits commenced by the p. l.. S.
Co. against claimants on the Sill
vies River in March 1908. are
S i'll undetermined, and have pro-
badly cost a sufficient sum to have
fully provided for the states COM
plete adjudication.