Daily capital journal. (Salem, Oregon) 1903-1919, 1915-04-15
IS LAKE" A SWAMP"
Within MEANING OF
THE TOMPSON ACT!
Delicate and Important Ques-
ton Is Passed Up To Land
Board Decision

Whether or not an application to
drain small lake, with surface area
of l20 acres and situated Just outside
the northeast limits of the city of Port
/ land, comes within the purview of the
Thompson swamp drainage act passed
| by the last legislature, is the delicately
important question which has been
passed up to the state engineers de-
partment for answer. In any event, if
the applicant insists upon carrying out
the object set forth in his proposal to
reclaim the land which constitutes the
present bed Of the lake, it will precip
tate complications which are likely to
plunge the state land board, the
riparian owners upon the shores of the
lake and the applicant into expensive
litigation before settlement is
reached.
The question is of more or less Of
local import too, inasmuch as there are
a few small bodies of shallow water 10.
Gated in the vicinity of Salem, notably
Clear lake, located north Of this city on
what is locally known as Mission Bot.
tom, " which, if drained would develop
large area of rich and extremely val
liable agricultural land, and this lake is
Of Il more swampy character than some
Of the small lakes in the region of the
lake which is made the subject of this
controversy.
The applicant of record in this in
stance is S. p. Lockwood, Portland, who
has filed upon the lake as swamp land,
in which event title would rest in the
state and he proposes to reclaim the
land which now constitutes the bed Of
the lake by the drainage process If the
land board, which is called upon to pass
upon Mr.. Lockwood s filing and appl-
cation for drainage privileges decides
the body of water is an unnavigablr
lake the riparian owners bordering the
lake are the owners of the water and
the land underneath to the center Of the
lake. On the other hand if the water
which covers the land is not Of suff.
cient volume to inundatc the land at
all seasons of the year and the land is
Of u swampy or marshy character and
the land board should decide to classify
the land as swamp they have no choice
but to grant the application and record
the filing.
Situated as it is in such close prox.
unity to the city Of Portland, if tn,
land is subject to successful rcclamo
tion by drainage and can be placed un
der cultivation, it will become immense.
ly valuable as agricultural land and
liyel" legal battle is certain to be pre-.
cipitNtcd by the riparian owners against
the land board and Mr. Lockwood in
the nature of an injunction, If the
board should decide that the lake and
the land belonged to the riparian own
ers and not subject to reclamation un.
der the Thompson swamp act and Mr.
Lockwood persists in urging his claim
upon the lake and land an action in
mondomus seems likely to stare the
land board in the face and it begins to
look like big lawsuit in either event,
in the opinion of those in authority.
II is the first time that question
Of this character has ever been present.
ed to the state land board and, should
Mr. Lockwood be successful in his con
tcntions aud secure ownership of the
lake bed there are n number az small
lakes in the vicinity of Portland in the
same category of legal status and u
lively scramble for ownership would
necessarily follow The outcome of the
situation will naturally be awaited with
unusual interest by all concerned.