Image provided by: University of Oregon Libraries; Eugene, OR
About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (March 12, 1909)
immMa mif I ' HI -si , w 1 PAGE SIX. DAILY EAST OREOOXIAN, rEXPI.ETON, OREGON. l'lUPAY, MARCH 12, lOoO. EIGHT PAGES. Ill li W 1 E n 1 II STATE ENGINEER LEWIS (Py State Er.Rineer John H. Ixvis In Portland Journal.) A water code for Oregon, which Is believed to he the hest law among nil the ytates of the union, becomes ef fective on March !4. 1!0!. Complete state control Is provided. No water right can hereafter he acquired with out compliance with this law. It ab- alishes the old requirement of post Ing a notice on the hank of the stream. Hereafter, the priority of all rights will he determined by the date of the receipt of an application In tho office of the state engineer. If the application is defective, It will be re turned for correction without loss of rriority. The leading feature of this bill- Is the limitation of franchises for the Use of water power development to n period of 4 0 years from the date of application, and the requirement that reasonable fees he paid to the ftate in all cases by those benefited. The schedule of fees has been de signed to ultimately pay the entire cost of administration thus relieving the general tax payer, who de rives only an indirect benefit through the added prosperity resulting from increased development. Tlie rayment to the state of an an nual license fee of 25 cents to $2 per horse power hereafter appropriated was provided by the Eaton bill, which takes effect on May 22. This fee is to be collected by the board of con trol and adjusted from time to time, based upon the percentage of water power appropriated which is put to beneficial use. Create Hoard of Control. In brief, the new water code cre ates a board of control, composed of the state engineer and the division superintendent of each of the two water divisions into which the state has been divided, and upon this board rests the responsibility of de termining and recording all water rights heretofore Initiated, the grant ing of new rights in accordance with law. and the protection of all water rights through a comprehensive ad ministration system. Pefore any protection can be grant ej to vested rights under the new taw, such rights must first be deter mined and recorded. Where numer ous ditches tap a stream, and especi ally if the stream is long and the summer flow limited, state protec tion is necessary. The cost and time consumed in de termining rights under the old law was very great. The water users al ong Silver creek in Lake county, joined in a friendly suit to determine tlu-ir rights, so that a water master could be employed to distribute the meager supply, thus preventing an nually recurring disputes. Fourteen lawyers were employed on only one side of the case. Recently, the case was decided by the supreme court, after nine years In courts. During this time, one of the contestants died, one became insane, and a number, tiring of the conflict sold to others. If the experience of Wyoming is any guide, the most complicated case can probably be decided, under the new law, within a year. Cot Is Xot High. The cost is set out In the law and is designed to be less than the cost of an abs'ract to the land. For Irri gation rights, the cost will be 15 cents per acre for each acre for which a water right Is claimed up to 100 acres, five cents from 100 to 1000, inclusive, and one cent for each acre In evcess of 1000 acres. For power, the cost will be 25 cents for each theoretical horsepower claimed, up to and including 100. 15 cents for 100 to 1000, inclusive, five cents from 1000 to 2000, Inclusive, and two cents per horsepower above 2000, the minimum fee In either case to be 12.50. For any other claim to water the fee Is $5. The procedure is simple. A list of riuestlons is sent to each claimant or owner on the stream. He Is requir ed, undr forfeiture of his rights, to answer the questions which, together with a survey of streams and land areas and measurements of the wat er supply by the state engineer, fur nish all necf-ssary Information for an adjudication of rights. The maps and all statements, signed under oath be fore thp superintendent, are submit ted upon a given day for examinati on by all interested parties, If any one thinks his neighbor is making an erroneous or c-xtragant claim, his tes timony can be contested. By this procedure, all errors can be corrected and. If necessary, further testimony taken. Final After Six Months. As soon as possible, an order Is en tered by the board, determining the rights. This order Is put Into execu tion at once and later filorl with the circuit court for confirmation. If no npj'-:ii are taKen, me order is con firmed. If the case Is not reopened within six months, the decree be comes final. I'pon surh final determination, water right certificates are ls-ue In accordance with the decree. These certificates are then recorded n the county records and bear the same re lation to the water title as the patent from the I'r.ited fasten r,o to the land title. The right of ,.arh user from the stream, or frora a large dl'ch. will ultimately . thus deter mined. Tlie law mnkes the gr.int to the use of water for Irrigation appur tenant to the land irrigated. The ti tle therefore passe with the land, thus making It necessary to follow only the land titles thereafter in ab stracts. No riitht to the u, of water from the streams of the state can hereaf ter be acquired for any purpose with out compliance with law. For intel ligent use and development of our water resoures some central ' office must be provided, where a reliable record of all water rights enn be found. The diversion of water with out the necessary permit is made a misdemeanor. How t Acquire Right. Application for permit to appropri ate Is the protection of the vested rights, when determined, and to en courage the development and use of our unappropriated waters. This encouragement is provided in the de finite procedure for acquirement of new rights. The fees are of no con sequence to the one who contemplates putting the water to beneficial use. In fact the certainty of right, which Is essential as a basis for Intelligent Investment as a basis for intelligent should be made to the state engineer at Salem. If the application is defective it will be returned for cor rection without losing its priority. The application should be accompa nied by a fee of $3 for examining the same, together with additional fees, depending upon the proposed use, as fellows: For irrigation, graduated as fol lows: 15 cents per acre from 0 acres to 100 acres, inclusive. 5 cents per acre from 100 acres to 1000 acres, inclusive. 1 cent per acre for each acre In ex cess of 1000 acres. For power, graduated as follows: 25 cents per horsepower from 0 to 100. inclusive. 10 cents per horsepower from 100 to 1000, Inclusive. 5 cents per horsepower In excess of 1000. For any other purposes, including applications by municipalities for power purposes, $5. Three different forms are provided for the appropriation of water; one to be used in case of new appropri ations, another to be used where the appropriation is to be made by the enlargement or extension of existing works, and a third form where the application is for a permit to con struct a reservoir and impound sur plus water. A separate application must be made for permit to appropri ate stored writers prior to Its appli cation to beneficial use. This appli cation is made on the f:rst form men tioned above, and Is then known as i a secondary permit, and must refer I to the primary permit, and to the ! reservoir from which the water sup uly is to be derived. State Supplies Forms. These forms, together with in structions can be secured by address ing the state engineer, Salem, Or. They are simple, and can be filled out by any one, assisted, perhaps, by a surveyor, as a map of the proposed ditch is required as a part of each application. Work must commence within one year from the date of application and he completed wi'hin a reasonable time as fixed in the permit, not to exceed five years. If the water Is applied to the bene ficial use within the time allowed proof is taken of such fact by the division superintendent and a cer tificate issued the applicant by the board of control. This certificate Is of the same form as issued to early appropnators upon determination of their rights, as described above. The new method of initiating wat er rignts may seem cumbersome as compared with the old method, hut it is worth all It costs. The right, when finally granted, is absolutely determined as to all rights hereafter Initiated. It will be determined as to all the world, after a determination as above outlined. This determina tion is made without one or more water masters to divide the water In accordance with the dights and needs of the different laterals. Likewise irrigation from public streams can not be a success without water mas ters to regulate diversions. Removes Stumbling RIock The use of streams to convey stored water to Its place of use was Impos sible under the old law, and the con struction of many reservoirs was thus prevented. -1. As rights are determined under the new law, districts are created and water masters appointed where de manded by the water users to enforce the decrees of the board or of the court. This officer Is accountable to the division superintendent, and pro tects not only the early rights, hut also all new rights and the rights of reservoir owners. When a headgate has been law fully closed to admit the proper quantity of water, or shut entirely, It Is made a misdemeanor for the owner to disturb it. If the gate has beep wrongfully opened during the nizht the presence of moisture In the altch in the morning is declared to be sufficient evidence to convict the owner of unlawful use. With such an officer available capita! will not hesitate to invest In s'orage works. The water when re. leased can and wiil be protected by the water master, no matter how many ditches Intervene ami th owner permitted to divert an equal amount less that lost by seepage and evaporation. The final objer t of the new water law is worth far more than It will cost. The old time notice man, whose chief business under the old law was to hold up the public. Is ef fectively discouraged by these fees Having the Least Expenses, Enables Us to Under Sell All Competitors Instead of waiting until the season is about over to start cutting prices on clothing, we are going to start the season right off the reel, by giving you suit values ranging from $10 to $15 for SATURDAY THE LAST DAY These are the same styles that you will pay $25 and $35 for elsewhere, in all the new green, grey, and stripe patterns, with fancy cuffs, Etc. See Corner Window Display Workingmen's Clothing Co. Sole Agents in Pendleton for the Packard Shoe Cor. Main &. Webb Sts. At the Old Stand mrtrra mmuuwm i f limn n .i' m-juajUMnmMmLtum.mmM THAT COLD Quickly Ended with REXALL Cold Tablets and THAT OOUGII STOPS at once with CHESTNUT LEAF EXPECTORANT No waiting. THE Pendleton DRUG COMPANY Get the Best. Pay no More. most of them new prisoners who have recently been transferred from the Cheap Lumtwr. We have some that Is In our way, county jail to the rock pile, sent an If you need lumber for any purpose ultimatum to Sheriff Stevens saying they would not work until tlie food was Improved. "They get just the same food now that they d'.d while the county court ran the butte," said Sheriff Stevens. "It Is bought in the same places, and the same quality Is secured. The trouble is that most of the men have been in Jail and have grown soft and lazy. I think they will start to work again tomorrow morning." To make sure the sheriff has or di sired the strikers placed on a bread and water diet until they care to go back to the rocks. come and see what we are offering. Oregon Lumber Tard, Alta street op posite Court house. Head the East Oregonlan. SlIT OP CI.OT1I ESAXD HAT Pit ICE To be given away at Jim Estes' Pastime Parlors Are you a good bowler? SEE DISPLAY AT IJOSTOX STOKE. Call and Investigate. Counties Combine. Medford, Ore. Southern Oregon counties, Jackson, Josephine, Doug las and Klamath, are to organize an association for their common protec tion when the needs may arise in the future. A movement to this end has been put on foot, the commercial clubs taking the matter up. During the recent session of the leg islature the need of such an organ ization was apparent. The Crater Lake road bill, the normals, the fish ing In southern Oregon streams, would all have been more easily handled had organ'zatlon been perfected. Southern Oregon has long needed legislation which would be adapted to Its peculiar needs. Lack of co-opera- Hon between the counties weakened their power In the state. I The Medford Commercial club will take the matter up at its next meet- ing, as will other like organizational of the four counties, and a co-opera-! t've protective association formed.! Needless to add, such an organization will have a tremendous power. j Dishwater saved Xey York city thousands of dollars, because Miss Florence Murray, teacher of cooking in the Tottenvllle public school, and her 17 12-year-old girl pupils had the pluck to stand by and throw It on a bad fro In their classroom. Pastime Theatre Cass Matlock, Prop. Latest Moving Pictures and Illustrated Songs A Comfortcble Theatre Entertaining and Instructive Shows afternoon and evenings Adults 10c. Children un der 10 years 5c. Next door to French Restaurant I ow CT3V Rat To Milne Transfer Phone Main 5 Calls promptly answered for all baggage transfer ring. Piano and Furnture moving and Heavy Truck ing a specialty. OREGON poktlwd kock pin: owe. strikes roic i:i:rri:it am n Portland, March 11. Sixty of the pr'norn rs at Kelly liutte, the county rorkpile, decided this morning that work was too hard and food too poor for them to continue paying attention to either, and they went on a strike. When the time to turn out came, there were only 12 who appeared for breakfast and work. The others, For the washing of blankets, lace curtains and line b.ces; for the washing of dishes, cut glass and costly bric-a brae; for the toilet, nur sery and bedroom, this excellent soap (Ivory) never fzih. And the woman who discards all the other soaps and urxz Ivory in every department of the heme has gene a long ways toward mak ing housework a pleas ure and a pride. The American Housekeeper. Ivory Soap 99 H Per Cent. Pure. DAILY ..During March and April.. From All Parts of the East Via Union Pacific Oregon Short Line The Oregon Railroad & Na vigation Co. Southern Pacific $33 From Chicago $30.50 From St. Louis $25 From Omaha $25 From Kansas City Correspondingly low from all other points. TO THE PUBLIC Write letters to everybody you know In tho East and tell them about these low colunlxt rates. Send them liter ature about Oregon, or send their addresses to us and we will do it. In this way you can be a great help In the growth and progress of your State. YOU CAN PREPAY FARES for anybody from any place If you want to. Deposit tho necessary amount with our local agent and he will tele graph ticket promptly. Nice Roasls, Chops and Steaks Best sausages and smoked or cured meats. Pure lard. EMPIRE MEAT CO. rilone Main 18. 5$ CO YEARS' EXPERIENCE Trade Marks 'nft.rt - Designs COPYRIGHTS &.C. Anron. KMiilIng imkelrh mid rtpnorli'ilnn ni qtttrklr tuii'prlnlit our opinion free wfitlhp, ru llirouf lri IN rohft!ilr tvtlL'iitnMn. Coinriintilc.i. Hoimnirldljennililfhlfnl. HANDBOOK on 1'ftriMito iMit frn. OMt nupiirf for fu'ruriiiK pnit'titr, inimun iftKoii iiirouifii Aiunii A i tpffial notice, without clinruo, (nth ft Scientific Jlmtimi A hunrtnomMf Illn-lrnlPi wooklr. cmniiou or nnr i..'leni mo lnurmu. Inquire of ' E. F. SCHLVLICH, Awnt, Pendleton, Ore, Or write fo VM. McMUKHAY General Passenger Agent The Oregon Railroad & Navigation Co., Southern Pacific Co. (Lines In Oregon.) PORTLAND, OREGON. T.nrrrt ell . 1 prnm t3 u cur: four month., IL tiolU bj.ll tiewnlcHiem. lUNN&co.36'8' New York llmnch Ultlce. U25 V ft. Wiuhlmtun. t. C Every Vcman It Interested and Ktioulil know , annul mo woniixrful i marvel w"nt ,sp"i HP iv t-s m .-v o Ask enr drnpelst for It. If he cruinot annul the MARVKU cccr,t no other, hut send ntntun fur flln tr:iti' hook annlod. It nlvtm full Brirtlcnlaro nnd 'lirwllniid Intnlnahla f lol.idiu a MARVEL CO 44 E. 234 ".. loft Un Bff O far vMftMf uivhibi KiDuininiMM UDRKhV r . - . . WarMt 11 IrrH&tlnna n I ' M la fintnr - . Hm. P. n M. and ... ItVMSUHEMICll GO, Painleai. and not aatrta f.nt nr tmfannntia ,8moiKITl,0 aoldbDrnnt(t r in plain wrapj. 1.00. or I hottlita H.A- tlrcular aaut an itnja V ..-.' J J or i EDSTRAHON AGENT STANDARD OIL CO. Express and delivery prompt ly attended to. Leave orders at Pendleton Drug Co. Phone 20. i i