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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Oct. 1, 1904)
I ' I'AOB 1'OUK. DAITjY EAST OltEflONIAN, rENDLETON, OnEOOX. HATUUDAY. OCl'OHKtt 1, 1H0- ijUimuM ,1 k'& . for n permit to appropriate, In the "tfJ:B2r mil t 1 form required by the rules nml resu- llflf iiB I nnnnnnrn uriii inniniTinni i nil r-n n nnrnriHi J intions cntnitiiniieit by him. such rules flflllCl I. lllllilllll l 'nil IUI III HI I Rll Ulini n.,,1 .-...mint una slmll reuil Ire the IIP- - MLI 111 rn r hr mm MH hU U HUU Mm HNi 1 1 IU I, T T n mi nf (ho r irllt mini ed for. tO- m H I : J KM rivi 1 i, k Following la the complete draft of the Irrigation law compiled by Mor rls Ulen of the reclamation depart ment of the United States govern nient which ho recommends to the Oregon state Irrigation commission for Its investigation and final adop tion, to be presented by this body to the legislature for enactment. The law Is presented to the press for the public by John T. Whistler, government engineer for Oregon: Unappropriated Waters l'uhllc. Section 1. All unappropriated wa ters within the limits of the state from all sources of water supply, not navigable, belong to the public and are subject to appropriation for ben eficial use. llcueflchil Use, Appurtenance, Priority Sec. 2. Beneficial use shall be the basis, the mcusure, and the limit of the right to the use of water, and all waters appropriated for Irrigation purposes shall be appurtenant to specified lands owned by the person claiming the right to use the water, so long as the water can be benefici ally used thereon. Priority In time shall give the better right. In all cases of claims to the use of water Initiated prior to the passage of this act, the right shall relate back to the Initiation of the claim, upon the dili gent prosecution to completion of the necessary surveys and construction for the application of the water to a beneficial use. AH claims to the use of water Initiated after the passage of this act shall relate back to the date of receipt ot an application therefor In the office of the state engineer, subject to compliance with the pro visions of this act, and the rules and regulations established thereunder. Eminent Domain. Sec. 3. The beneficial use of wa ter Is a public use, and any person, corporation or association may exer cise the right of eminent domain to nsqulre any right now or hereafter existing to the use ot water for bene ficial purposes, or to acquire right ot way for the storage or conveyance of waters for beneficial use, including the right to enlarge existing struc tures and use the same in common with the former owner. Such right of way shall In all cases be so locat ed as to do the least damage to pri vate or public property, consistent with proper and' economical engineer ing construction. Such rights may be acquired in the manner provided by law for the taking of private prop erty for public use. Itcclaiuilug Waters. Sec. 4, Water turned Into any nat ural or artificial water course by any party entitled to the use thereof may be reclaimed below and diverted therefrom by such party, subject to existing rights. State Engineer Appointment anil l'ouers. Sec. 0. There shall be a state en gineer who shall be appointed by the governor and confirmed by the sen ate, lie shall hold office for the term of six years, or until ills suc cojsor shall have been appointed and .s'ir.ll have qualified. lie shall have ge.ieral supervision of the water of -the state and of the measurement and appropriation thereof. No per- son shall be appointed to this office except a technically qualified and ex perienced hydraulic engineer. The .stnte engineer shall receive a salary of $3000 per year: and shall not en- igage In private practice. Assistant State Engineer. Sec. 0. The state engineer shall have the power to employ an asslst nnt state engineer at a salary not to exceed $1800 per year and may em ploy other assistants and purchase supplies at a total additional expense not to exceed J2000 per year, or such amounts in addition as may from time to time be appropriated for his office. Orrice and Traveling Eenses. Sec. 7. The office of the state en gineer shall be In the state capital. The state engineer and the assistant state engineer shall be allowed actual ond necessary traveling expenses while away from the office on offi cial business. ..Statu Engineer's Iteixirt. Sec. 8. The state engineer shall prepare and deliver to the governor, on or before December 31 of the year preceding the regular session of the legislature, nnd at other times when required by the governor, a full re port of the work of his office, with uch recommendations for legislation j I as he may deem auvisaoie. Fees or State Engineer. Sec. 0. The state engineer shall re ceive the followlr.g fees, to be col lected in advance, and to be paid by him Into the general fund of the state treasury on the first Holiday of Jan uary, April, July nnd October, re Hpectlvely; (a) For filing and examining an application for permit to appropriate water and map of the name, two dol lars. (b) For recording any permit, certificate of construction or license Issued or any other water right In strument, one dollar for the first 100 words and IB cents for each addition al 100 words or fraction thereof. (o) For filing any other paper, one dollar, (d) For Issuing certificates of construction, or license to appropriate water, one dollar each, (e) For making copy of any docu ment recorded or filed In his office, 15 cents for each 100 words or frac tion thereof. , (f) For ulue print copy of any iinap or druwlng, 10 cents per square '. itoot or fraction thereof. For other copies of drawings, actual cost of the work. (b) For certifying to such copies, one dollar for each certificate. (h) For examining and approving plans and specifications for any dam, not exceeding 10 feet in extreme height from the foundation, ten dol lars; for a dam higher than 10 feet nnd not exceeding 30 feet, twenty dollars;' for a dam higher than 30 feet nnd not exceeding SO feet, thirty dollars; for a dam higher than DO feet, fifty dollars. (I) For Inspecting dam sites and construction work when required by law, or when necessary In the Judg ment of the state engineer, ten dol lars per day and actual and necessary traveling expenses. The fees for any Inspection deemed necessary by the state engineer nnd not paid on de mand, shall bo a Hen on any land or other porperty of the owner ot the works, and may be recovered by the state engineer In any court of compe tent Jurisdiction. (J) For such other work1 as may be required of his office, the fees pro vided by law. IteconN of State Engineer. Sec. 10. The records ot the office of the stnte engineer are public rec ords, and shall be open to the in spection of the public at all times during business hours. Such records shall show In full all permits, cer tlflcates of completion ot construc tion, and licenses Issued, together with all action thereon, and all action or decisions of the state engineer af fecting any rights or claims to appro priate water. Jionil of Stale Engineer. Sec, 11. Before entering upon the duties of his office the state engineer shall give bond, to be approved by the attorney general, for the faithful per formance of the duties ot his office In the penal sum of $5000. Hides nail Herniations. Sec. 12. The state engineer shnll make all necessary general rules and regulations, to carry into effect the duties devolved upon his office. All such rules and regulations relating to applications for permits to appropri ate water, for the Inspection of works, for the issuance1 of license, nnd for the determination ot rights to the use of water shall be modified by the state engineer, If required by a two thirds vote of the board of water commissioners hereinafter establish ed. Appeal to Water Commissioners. Sec. 13. Such modification of the rules and regulations of the state en gineer shall be voted upon by the board of water commissioners only on appeal from a decision of the state engineer. Determination f Wnter Klghts. Iljilrosi-nphle Surveys. Sec. 14. Tlie state engineer shall make hydrographlc surveys and In vestigations of each stream system and source of water supply In the state beginning with those most used for Irrigation, obtaining and record ing all available data for the determ ination, development and adjudica tion of the water supply of the state, lie shnll be authorized '! co-operate with the agencies of the federal gov ernment engaged In similar surveys and Investigations, and In the con struction of works for the develop ment and use of the water supply of the state, expending for such pur-' poses any money available for the work of Ills office. Suit for Adjudication nt Water Itlglits Sec. IS. Upon the completion of such hydrographlc survey of any stream system, the slate engineer j shall deliver a copy thereof, together with copies of all data necessary for the determination of nil rights to the use ot the waters of such system, to the attorney general of the stnte who shall, within 00 days thereafter, enter suit on behalf of the state for the de termination of nil rights to the use of such water, and shall diligently pros ecute the same to a final adjudica tion: Provided, that if suit for the adjudication of such rights shall have been begun by private parties, the at torney general shnll not be required to bring suit; provided, however, that the attorney general shall Intervene In any suit for the adjudication tit rights to the use ot water on behalf of the state It notified by the state engineer that in his opinion the pub He interest requires such action. Parties nml Costs of Suits. Sec. 10. If any suit for the de termination of a right to the use of the waters of any stream system, all parties claiming the right to use such waters shall be made parties. When any such suit has been filed, the court shall call upon the state en glneer to make or furnish a complete hydrographlc survey of such stream system as hereinbefore provided, In order to obtain nil data necessary to the determination of the rights In volved. The cost of such suit, In cluding the costs on behalf of the state, and of such surveys, shall be charged against each of the private parties thereto In proportion to the amount of the water right allotted. Fund for Iljdrogrnphle Surveys. Sec. 1". For the purpose ot ad vancing the money required for nny surveys so ordered by the court, there Is hereby appropriated and set npart from any moneys In the treasury, not otherwise appropriated, a fund of $S, 000, which shall be used to pay the expenses of such surveys. The amounts paid by the parties to such suits, on account of such surveys, shall be returned to such fund, which shall continue to be available for ad vancing the expenses of such surveys, as ordered by the court from time to time. FIHuK ot Decree. Sec. IS. Upon the adjudication ot the rights tii the use of the waters of a stream system, two certified copies of the decree shall bo prepared by the clerk ot the court, at the cost of the parties, one copy shall be filed In the office of the- state engineer mid the other In the office of the water com missioner of the water division In which stream system Is situated. Such decree shall In every case de clare, us to the water right adjudged to each party, the priority, amount. purpose, place ot use, and, as tn wa ter used for irrigation, the specific tracts of land to which It shall be ap purtenant, together with such other conditions as may be necessary to de fine the right and its priority. Application I'or Water Itlgiif. Sec. 19. Any person, association or corporation hereafter intending to ncqulre the right to the beneficial use of nny waters, shall, before com mencing any construction for such purpose, or before taking the same from any constructed works, make an application to the state engineer for n permit to appropriate, In the form required by the rules nnd regu lations established by him. Such rules nnd regulations shall require the ap plicant to state all the data necessary for the proper description and limit ation of the right applied for, to gether with such Information, maps, plans nnd specifications ns may be necessary to show the method and practicability of the construction and the ability of the applicant to com plete the same. All maps, plans and specifications shall be filed hi dupli cate, one copy to be retained In the office of the state engineer after the approval or the application. The state engineer may require additional Information not provided for hi the general rules nnd regulations, hi any case Involving the diversion of S00 cubic feet of wnter per second, or more, or the construction of a dam more than 30 feet high from the foundation. The owners of works proposing to store or carry wnter In excess of their needs for beneficial use, may make application for such pxr.sis. nnd shall be held as trustees of such right for the parties applying the water to a beneficial use; and shall be required to furnish the wa ter for such parties at reasonable' rates for storage, or carriage, or both os the case may be. Filing and Correction !' Application. Sec. 20. The date of receipt of such application In the state engin eer's office shall be endorsed thereon nipl noted In his records. If the ap plication Is defective as to form, or unsatisfactory as to feasibility or safety of plan, or as to the showing of the ability ot the applicant to car ry the construction to completion, It shall be returned with a statement of the corrections or changes required, within .10 days of Its receipt, and 00 days-shall be allowed for the refiling thereof. If reflled. corrected In proper form, within such time, the application shall, upon being accept ed, take priority as of date of Its original filing, subject to compliance with the further provisions ot the law and the regulations thereunder. Any corrected application filed after the tint" allowed shall be treated in all respects as an original application re ceived on the date of Its refiling. Provided, that the plans of construc tion may be amended, with the ap proval of the state e.igl'ieor. at nnv time; but no 'such change shall ntttli- J nvivi. no ny tpttHlmi of time for con struction beyond five ye-irs from, the date of the permit, except as pro- viiled In section At). I'lihllcntliiu or Xulhv. Sec. 21. Upon the filing of an ap plication which complies with the provisions of this act and the rules and regufrrtlons established there under, the state engineer shall in struct the applicant to publish notice thereof. In u form prescribed by him, In some newspaper of general circu lation In the stream system, once a week for four consecutive weeks. Such notice shall give all essential facts as to the proposed appropria tion nnd of use. amount of water, the purpose for which It Is to be used. name of applicant and the time when the application will be taken up by the state engineer for consideration. Proof of publication, as required, shall be filed with the state engineer within 0 days from th date of bin Instructions to make publication. In uiKe ot failure to file satisfactory proof of publication In accordance with the rules and regulations .appli cable thereto, within the tlm re quired, the application shall there after be treated as an original nppll- (Contlnued on pago S.) Truly Grea Bargains Shoes Going at the Lowe J Prices Ever Known in the j n iv . mstory 01 renaietcm Tho Orcnt Dissolution Sale Is on and goods nro morn,., ly. $20,000 Stock to bo closed out nt the earliest possible dtj . . . I -.1 I .. .... .,..! .1 .. I Tilts is a genuine uiuaiuK uui muu ui uiu enure, stock, u J firm of Dludlngcr, wnson ieco. nas uy mutual agreement dec to dissolve. Don't hesitate but cotno to our store and see for jourseU.1 (he shoes nnd get our prices. The goods luivo got to move ami prices lire moving tlicm. Dindinger, Wilson Q Mm"' c of 0 .Mi' l.,toll. Lneti,uo . lltiH and t BP'"-"' ldln l(f ition w ettraor ered aia lotwo Id it" Good Shoes Cheaper Than Eer. OLD ITRUMP High Class Druggists AND OTHERS. Tho bettor class of druggists, everywhere,, are men of scientific attainments andlhigh integrity, who dovoto their lives to tho wolfaro of thehr fellow men in supplying the best of remedies and purest medicinal agents of known value, in accordance with physicians' prescriptions and scientific formula. Druggists of tho better class manufacture many excellent remedies, but always under original or oflicinal nameaand thoy never sell falso brands, or imitation medicines. Thoy aro tho men to deal with when in need of anything in their lino, which usually includes all standard remedies and corresponding adjuncts of a first-class pharmacy and the finest and best of toilet articles and preparations and many useful accessories and romedial appliances. Tho earning of a fair living, with tho satisfaction which arises from a knowledge of the benofits conforrcd upon their patrons and. assistance to tho medical profession, is usually their greatest reward for long years of study and many hours of duily toil. They all know that Syrup of Figs is an oxcollent laxativo remedy and that it gives universal satisfaction,, and therefore they aro selling many millions of bottles annually to tho well informed purchasers of the choicest remedies, and thoy always take pleasure in handing out tho genuino article bearing tho full namo of tho Company California Fig Syrup Co. printed on tho front of every package. They know that in cases of colds and heudaches attended by biliousness and constipation und of weakness or torpidity of the liver and bowels, arising from irregular habits, indigestion, or over-eating, that thero is no other remedy so pleasant, prompt and beneficial in its effects as Syrup of Figs, and thoy aro glad to sell it because it gives universal satisfaction. Owing to tho excellence of Syrup of Figs, tho universal satisfaction which it gives and the immonso demand for it, imitations have bepn made, tried and condemned, but thero nro Individual druggists to bo found, hero and there, who do not maintain the dignity and principles of tho profession and whoso greed gets tho bettor of their judgment, and who do not hesitato to recommend and try to sell tho imitations in order to mako a larger profit. Such preparations Bomotimos havo tho namo u Syrup of Figs" or "Fig Syrup" and of some piratical concern, or fictitious fig syrup company, printed on tho package, but thoy novor have tho full namo of the Company California Fig Syrup Co, printed on tho front of tho package. Tho imitations should bo rejected because thoy aro injurious to the system. In order to sell tho imitations thoy find it necessary to resort to misrepresentation or decoption, nnd whenever a dealer passes off on a customer a preparation under the name of "Syrup of Figs" or 'Fig Syrup," which doos not boar tho full namo of tho California Fig Syrup Co. printed on the1 front of tho packago, ho is attempting to decoivo and mislead tho patron who has been so unfortunato as to enter his establishment, whether it bo largo or small, for if the dealer resorts to misrepresentation and and deception in ono case ho will do so with other medicinal agents, and in tho filling of Shysioians' prescriptions, and should bo avoided by every one who values health and happiness. Inowing that the great majority of druggists are reliable, wo supply tho immenso demand for our oxcollent remedy entirely through the druggists, of whom it may be purchased overy whoro, in original packages only, at tho regular prico of fifty cents por bottle, but as exceptions exist it is necessary to inform the public of tho factB, in order that all may deolino or return any imitation which may bo Bold to them. If it does not bear tho full name of the Company California Fig Syrup Co. printed on tho front of every packago, do not hesitato to roturn tho artiolo and to demand tho roturn of your raonoy, and in future go to ono of the better class ot druggists who willsell you what you wish ana tho best ot ovory thing tn hjs line at roaBonableprices. t t t t i America's best. Whiskey is selling at 1 per full quar Ton !tet full value for your money hecaii'-e: AVc liny It direct from tint ill.sllllcry In one hundred 1 re! lot.-., mid wo pay spot cali for It. YOU SAVE aiOXEV 11ECAUSE We Mil! tho middleman nml wholesalers' profits, toset with hN IiIkIi u.uiie, the salary of the traveling eald man and hN heavy e.ieiiM account, nil of which arc addel to the cost nml charged to the consumer. TltY OUIt GOODS If wo kIo joii full niea.sui-e und hotter Roods for ' money than others, why not buy from us? HEI'OltE YOU 1IUY We should ho pleased to show you our stock of hIw and llcpiors, nnd to quote you price. l'OXCU DE LEOX Is our mire jruvnnu Claw. It Is now the leading bra Essentially u Kontleniaii's snioUe. Asfc jour driller for 1 nnd take no substitute. Foster &McIntosl bo 1 A Irff ana the v.n Ulons. ( I The iae ; church ncusslon. 1st the r Ittled i r the to' e preen M chui Imerloa. I X'oomr tit ' jnventloi ninlmou nine of Upedlei Anothe Urtance Ionlion i' ( eitra bid a c Betermln Hue, HI fctroduo k-icese b the It for A live bted on fcied vi iitlon t pnmlss Itrtnim lind ev Ignition jddres- I has m. lor re i ion r Ittvlslo 20 1 -203 Court, Street TeUli(nio : i Main 081. Tho Full Measure Liquor House. Bread 1 That pleases tho taste. That Is wholesome. That Is sanitary. r Tlmt Is full weight. 1 That is always good. That Is nhvnys fresh. Tliut Is tho BEST. THE MODEL BAKERY Now nnd Sanitary. Now Mnrtln Uulldlng, Wobb Street. Telephone 2001 Main. Ask your grocer for MODEL 11UEAD. Positively tho Be' made. Any quantity u Delivered to your bott Always cull for Of! deal A. N0LTE Telephone Sloln ' 'Jb