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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Sept. 11, 1908)
I tmw iri 1 THE BEND f QlUXKLKS I. ROWIt KlUTOR ,.,'- f4t satsaUi V'MVC' HllWBi t M:orecry mnn a less and no nlnre." BULLETIN aqunre ileal, no SUKSCRirVlON KATUS: . .11.! , J 'lnmrtsMr In 4n.) DAV.Slil'TUMHKK it. tooS. WYOMING'S IRItKl.vflON LAW. Ttirot;lt tli kimluc of Hon. 1! A frattain, rctwrstiuativc from lliis rami- S, w arc furtiUlwt Hith a cop ol a l ttpolulkms IMSSVll 1 ittv KlKklHllt t Tfc AnioM lrtiRn'tioii Comjny al their annual metini( held at Hcud. ask iHg that a Hew act of urination laws tx asm) at Otto couiing ion nf tti? Is-j:-KlHr. omlelyH8 the ftimlanwtitat princlplM CtwWiiwi in irrigation code l WjwuIhk. There i- no dotibi but what QHr Irrigation code isced mur'ImIiiic badly, Iwt for imic to fay whether it wanii to l similar to th- irrigation laws of Wyoming, without Vnowinc what fbtt . tmiefinile to sav the least, a th newlc a . whole arc aWit a latitat far with the tvrousion pf the WyntHimc law m lliev are to the cact localfotl of thMtos.Silxcr l.aVe Leader. 4 The Leader makes the above ctl Jtonal comment ntul then Mates that the Arnold company should mice up the work of informing the people what the Wyoming law pro vides, inasmuch as most people are ignorant in that regard. The Leader takes a mistaken stand, in deed, when it implies that it is the txplicit'duty of any irrigation com pany to educate the people as to jhe merits or demerits of any irriga tion code. Kditor Holder admits that "our irrigation laws need amending badly." He also un doubtedly knows that a strong en deavor will be made to secure the adoption of a modern water law by the next legislature. State Hngi Mer Lewis is workiug diligently for such a' statute and the "funda mental principles" of the measure kc and all well informed people advocate are patterned largely after the Wyoming code. Such a law will be one of the most important measures before the next legisla ture; hence it is the duty of every voter, and especially of every legis lator and editor, to post himself as 0 jft-hat would be the best water W for Oregon. And everyone yho knows anything about irriga tion laws knows that the water axias of Wyoming and of the Northwest Territories of Canada Aft considered the best on the con- Tbt subject of an irrigation law (l too extended a study to be prop er' handled in a newspaper editor ial. However, The Ilulletin will ffve a few of the salient points of tin Wyoming law. When Wyom lag became a state iu constitution contained a provision providing for to adjudication of all claims to wotor existing at that time, and ateo providing "for the supervision of the appropriation, diversion, and distribution of all public waters." The constitution declared broadly the doctrine that "the waters of aM natural streami, spring, lake, or other collection of still water within tbe borders of the state are the property of the state, and that utts made of these waters ninat be regu lated and controlled by the state." Then at the first legislature the principles outlined by tbe constitu tion were enacted into law. Under the Wyoming law the state was divided into four divisions and over each division a superin tendent was placed. These four superintendents and the state engi neer constitute a "state board of control," which board has absolute control of the waters of the state acting, of course, under the stipu lations of the law. Appeals may be taken from the decisions of this board to the courts, when the law went into effect the board of con trol first adjudicated all then exist mo claims to water. The state then .i m i i I, r-r to. This same bontd also has full control of all future appropriations, and may grant or lefusc them. When granted, the state issues a deed to the nporoprintor, which gives him undisputed title to the amount of water granted him by the bo.ml. To accomplish the proper admin istration of the bontd's decisions, the four divisions are divided into subdivisions over each of which is u water commissioner. It is the duty of these commissioners to sec that each man in his district tc ceives his proper amount of water and no more. In order to accom plish this the water commissioner has assistants who set the gates of all diversion works to propcrl.x reg ulate the flow of water. A severe penalty is provided for anyone who tamjKrs with a gate after having ltii so set, and commissioners are clothed with police power necessary for the enforcement of the law. That, crudely and briefly, is the maimer in which the Wyoming law is administered. Now, what are some of the principles underlying this law. The law provides: 1st. That Hater is mil stttyect to pri ntc ownership, tint is the property of the state. 3ml. That the hoard of control ( the trustee for the .ulmiilUtcrinK vt a Kte public trust in the interests of the peo ple of the stale. 3rd That all rie.hH to divert water from the stream miwt lie based on bene ficial ue, and tint the rifiUt terminated when the ue ceswea. 4th. That the volume diverted shall in alt cae be limited to the taut amount .ictnatly necessary for the accomplish me lit of the jHirpose of the diversion. 4th. That under no circumstance shall the water diverted for irrigation exceed one cubic foot per second for each 70 acre of laud actually irrigated. 6th. That the right to the use of tlte public waters attaches only to the use for winch the right was originally ob tained. ;th. That the rij?ht of diversion for irrigation attaches to th land reclaimed awl none oilier, that the transfer of the land carrie with It the right, and that apart from the land the rittt can not be transferred. Mill. Tliat when a ditch waters land not the property of the illicit owner the right attache to the land on which t lie water U ued and not U the diteh. Tile owner of the lands irrigated make the proof of appropriation and the certificate U iuil to him. No certificate of ap propriation con be iMeil to a ditch owner for the watering of lamU not Ills own. The ditch owner ia a common carrier and u tubjeel to regulations as Mich. 9th. That when proper diligence has been exercised in the construction of worts ami in applying the water to the purpose for which it is diverted the priority is fi:ed by the date of hrsinuing the surxer. When diligence is lacking the priority date from 'the time of use. The beauty of the Wyoming law is that it makes sure and atolute all titles to water, and then protects a man in that right. It gives him a certificate or deed to a definite amount of water and then takes otitis to see that he gets th it water for all time to come, as long as he complies with the law. It does away with all uncertainty, and hence with all litigation, as to water rights. The Wyoming law has some defects. These should not appear iu the code that Oregon adopts. Hut taken as a whole the Wyoming irrigation .statute is a model of excellence. s As The Bulletin stated in the be- ginning, an irrigation law ctn not be properly treated in a newspaper editorial. For IJrothcr Holder and others who may be interested iu studying a subject of so greet im portance to the entire state, The Ilulletin would suggest that they write to the Department of Agri culture, Washington, I). C, and ask for Ilulletin No. 96. This bill, letin will be sent to you free and contains the full text of both the Canadian and Wyoming irrigation laws, with a full discussion of each telling how they have worked out iu operation. Oregon needs a new water law, and it is the duty of every citizen of the state and by all means is it the duty of every legislator to post himself regard ing the proper features of a modern water law. Bend Nursery. Hardy and acclimated plants. issued to each man who bojsessecl a . wafer riirht a certificate or deed to 'Send for catalogue, js much water as he was eufitled, s6tf L. D. WiiiST, Prop, UAILItOAD IS ASSUKHl). (Continued from pane l purchased the Nelson survey. Our surveying party is establishing 11 new grade eutliely independent of ntiv other that has been mule thcte." A huge number of people in this section believf the ultimate choice of route will lie an extension of tin. Corvullis K: liastetn eastward ovei the mountains, and .suttthwurd through Mend to Kluttnlli Falls They lwse I heir belief on the fact that the mountain mss for thn! ex tension is only 11 few hundred leet higher than (lend and they Khcve that is the lust route Uatu111.it) rui find over the mountains Th s pass (the Mtuto pass) has an (.! vatiou of about 4500 feet, while the one that the extension from Natron would follow is approximated 6,000 feet, or a difference of 1,500 feet iu favor of the Miuto pass tor 11 route into Central Oregon. Others insist that the Harrimaii iiue into this section will come up the Des chutes river. Hut whatever route may bo chosen, everyone is jubilant over the fact that ete many months roll round the Horn! country will be afforded railroad transportation. Pleasant Klilge Items. ri.KASVNT RtlHIK, Sept. a I'inr wealher und local ohowcrs start the blooming flower. The grain is all ripening nicely and if severe freezes will lie deUvetl few week cvvty thing will ! out of danger ami a gooil'harveat will be the result. 1'iof. J Alton Tliotnimm will corn, tnctice his school at taidUw on XomUiy. Sept. 14. Vc are glad to hear Clint WmmIs is able to be around again, lie ho been suffering with sprained auUea. David Milter is now Mug v (sited by .1 on from 1'ort RocV. Or. Rev C. I.. Low titer, U'ni. McKervin and sister. Mis Kcklcr, were pasaiug throueh our icinity ami took dinner with us Monday last. The McKervin had been at Hend with the Reverend and kindly iled him with vocal enter tainment during hU services humlay. Thoc who have been seeking plea. 11 tc ami recreation iu the "Shadow of tin Ii lien" ami the refreshing inounUui breees, have now mostly returned to quiet home life. All report a delight tally good time ami huckleberries pleu tiful. Mr and Mrs. K. U. bhcruood enter tamed a few- Sherman eonuir frn-uiK Saturdav t veiling and San.Uv The-. people hd been outing at the hejl (! Statutes and ' Hig Meadow-" for vrrut 1 weeks, ami were returning t their homes at C.raaa Valler. They were Mr ' K. II. King, Mr. William, Misses I !u U'ulkenshaw and Dcutah Williams Thev were much pleased with the sights il Crook CfNtnty and will take a siuiii. t trip next summer. Tlie wedding belU of one occasion hardly atop ringing until another ei commences. We apeak absolutely i tin I'lea-aul Kidge neighborhood. So far there liave Ixeu four wethtings within the present year and the vear is not ml ed yet. U'tme can we rind more iikIu. trious peoplewho seem to have Um'.r.t here for business and to wake a home than we have at fleatanl Ridge At 11 o'clock Sunday morning. ept Quick Ralief for Asthma Sufferers. I'oley's Hone) and Tar affords ililini bate relief to asthma suilerrr in tin worst stages and if taLeu 111 tiu.fwill ef feet a vurc C. W. Merrill, iliuggt KaaemmBmmmmim J LBS BlClOlB'SnitOSJUCCKOI' SPECIAL OFFCRi r II. .1.1 kIIJ Ssw llslM. A 'nils I mk ion s ivimani nl liiu.t IU UjllMilsusrsuimiii mic 1. I u lU'ti susrsulmil ir )vur !il.wev ILIIWII.ll Kl.t M, ,Hlrt, fii.ri..i , ...i.i..u u if. ' '' ... . ......... 1 ' C. '..I. Pnll.,ll.nlS.IKI"lr JWHTrilll .mi-.,",.Bi, 1 ,r ., .....k ln, ,.h l.i. s.ui.k rpMiu 1 ... V r . ! Iw . IUm, t.l Prt lljta ,IM. 1 "H :.ri..'Vi.i.. ' 1. 1' iiwyiyAy Mink miliary UlflJla 1M L!lfN I'M 1 t..HauiMts)M i-esl -' 'MMHttMl ""Ik I I sir .! -,.,ri-. W.a Mle 4 Ibeol IM hl il' i" r- " " i'" 7 "V . . . 1 L sM V- 14H Hxt IV") psu 1 ( bush ssn I af i sjj. i itaj " "sw -' 11 in o .11.. n i aneiasi st lH. W. BuClbjO kOCtroao, IU. tVMunlW1 .wsssss-,'Mt' isWs' US.UWMS Bcnd-Shaniko Livery & Stage Company New .1. II. WliNANDV, I'rop. W l Kelfiy. Agmit, IJIianlko Covered Stupes hctween Heiul iiutl Slinnlko ALSO Mcry and recti Stti1cs l SlimilKo. Mnilriis fiinl Haul. Wo nm '" 'tC' ,() P,,u ,l,u l,u,,,lc- StnKs l?v '',, h w"v wvei'v t,nv RIK5 10 all prU of ConH al Oi efon. Careful drivers (111 isi., Special Attention Given to Express and Baggage. l-S.S...-".. -S.M-.1 ' '.. at tli 1 i's hmieof Jiistue II 1 J nes. otiuitid the uiarilage ( Mr i.ii.oinv i,i It ! ln (nriiiir LmimiMu.. win -i num. r l .1 not It.viu Mr i.ii.n hi riveil title rtrlt Usi siriug ami bus tmw etivted a ttauldul home for his lutrlv bride near the Pleasant Itttlge liool liiuise. of which Ihvv will If k.iiwiiIs at once Wr wish lliem nil Ihe pleasure and liappintsa the leschutes vallev n itrtunl thetti. v...SalMttaXVaMMir'-Tsrasw., gisTrasv j H , i,,..l..i,. C,,L. nf ; vviuipifciv i'ihui " Inkllnga nl (list. Sept. 7. farmers Hist, Sept. 7. farmer are bus) these davs. U. M. rhilliM writes from the Vallcy tlwt lii mother is vet hiw. Otcar llvde and wife of I'riiirvillc stopjied ov-er nighl at tlt Monday llH-ar lias a fine i lew it cUtlm near CM Ora V.inTatsel. the leal estate man from Mailras. was at Oist last I'rulav He savs real estate U changing hands al u livvlv rate aroutnl Mailtas, lie having sold 1 u acres Inst week W. H Hurkhaid la very lv these davs. lie is builillng the new leute mound the school Itottse which, when completed, wilt Is ipiilc an improve ment. I'red McKeynolds, who 1ms bven staj ing al C.ist for tbe sst year, will leave tomorrow fur Vancouver, vtltcre his father and brother live. Robert IKvv is of ('.1st has gone in the Vallix Kob s health is Hi 'ii' I i .imnI. un.l in- iln.iiKht the trip might hop htm Wm Ma .k t&tamm&mw mcw ity, -sca- Pctil.. Ibrsc l.ln.mtnt ii prrparcJ ctrr?sl for the ncMs ul hantmcntrO rsMnrirn II I a potrrful so J prM Ir j'.oC 1 fifuni, rrmcily lor emerge, iles. , in,hicn cftuVot0lht lor the rcl'el nf 1. j 111. arvt Hie Ml Iliiiawf I lor serslm and orcec. I nripuilcJ for curing IM wnjfiiit aal Injurie ol HAVHLI) WIKt ami lr brathf mti. abranor.s, ferrt and brniici I'adltc Hwk Liasffitfit It fully tuaraHKrJ. No olhci' i o xoJ or IkIjIuI In so many as) 1. II II fail! to istitl), n e author lie all ilcalcri In rclunJ the pvrdiasc (Tilt. (itas itm ssttkis firtt tints Hon ChcmiCal Co, rsm, ot nooncr tigjagic At HcnJ, Oiokoii. DRY Koujsh. Surliucil nnd MuiilJcd -LUMBERr All Wltltlis, Lengths unci Thlc!cncseM At Mend. (Iickuii. Ucnsniitiblc Prices (loot! (1 miles Dry Stock INCH COMMON DIMKNSION SlIIl'I.Al R I 'STIC T. tS: C. IM.OOKI.N'C HHADKI) CKII.INO WINDOW JAM MS WINDOW CASINO Hl'.AD III.OCKS O. O. HASKIIOARD STAIR TRUADS WATKR TAHI.K O 0. HATTIN8 MOl'I.DINC.S V, II. I). l'ATKNT ROOFING I'HNCK IMCKIJTS SIIINOI.ItS KTC. KTC. Lumber Delitercd nl Low Cost An j here on Tli Lands of Ihe U. I. P. Co., or 11k C S. I. Co. CUSTOM PIjIH) MILL IN CONNHCTIUN.) APPLY TO Central Oregon Development Company BIHNI), ORIKION 0 iau3QCXCB7cncaauv ti.itni.tt. sssamtoaisfuauxca Jl sT ARRIM.H mm iaMaajBSsssfzrsin&sc A Complete Stock of Dry Lumber sssisaswass4sjsass4safcassaassasi II ilt hij ,si I Rough, Surfaced and Moulded Always curried in stock. I have all iizes of the following: INCH COMMON IIICAD III.OCKS DIMKNSION 0. O. IIASKIIOARDS RUSTIC STAIR TKKADS SIIII'I.AP WATHR TABI.K T. & O. I-'LOORING O. C. IIATTINS WINDOW CASING MOULDINGS WINDOW JAMHS IMCNCIJ I'JCKKTS lwTMS FOR IRKIClATINd SP0U1S SEE ME BEFORE YOU BUY ELSEWHERE. I CAN SAVE YOU MONEY. J. S. WILLIAMS '.T Till! HliNRV MNSTKK STVWI BEND, - - OREGON Office with the Central Oregon Realty Co. Camp Chairs and Stools Reclining Chairs Hammocks AND Cots ' Just the thing for the porch or Inwn, ami especially just the thing for hot weather. A I Mi. I si J'l'J.V of Lime and Cement West's Furniture Store. '-"wi-" n"i"ii'iimmitv vtoii BiiMm.TuTMl.vti.TI .m. ii.niiiwinmm, "' ""' ' '"" utuummMtiiit,.. Central Oregon Realty Company (SVcsir tul" I). Ilrunii .V ii.) BEND, - OREGON DlfAUlKH IN AM. KINDS 01' Central Oregon Real Estate Timber and Desert Lands a Specialty "r We buy or sell your laud 110 mntter where sittiiited, We enn sup ply you with any class of laud at any time. Call 011 us or write lor further particulars. nmitmi.sjtiw,MI aj WHEN IN BEND STOP AT THE PILOT BUTTE INN Table always supplied with the Uoit that the town affords. Neat and Comfortable Rooms. jj, NI)( QithtiON SV 1 U