The Bend bulletin. (Bend, Or.) 1903-1931, September 11, 1908, Image 4

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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:
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, 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
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