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PAG BED
toDFORD MAn TRTBUNE, MEDFOUD, OMWON, WKDNHSIMY, MAROI! I ft. 1!)!M.
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What
About
4 t
litigation ?
Some Important Questions Answered Relative to the Project
Pending Before the People
IT SEEMS THAT ALTHOUGH THE CONTRACT OF THE ROGUE RIVER VALLEY OANAL 00. HAS BEEN PUBLISHED SEVERAL TIMES THROUGH THE PAPERS OF
MEDFORD AND CONTRACTS HAVE BEEN GIVEN TO A NUMBER OF THE LAND OWNERS BY OUR SOLICITORS AND A GREAT AMOUNT OF TIME HAS BEEN SPENT IN
EXPLAINING IT TO PEOPLE WHO ARE INTERESTED IN IT, YET WE FIND THAT COMPARATIVELY FEW SEEM TO UNDERSTAND IT THOROUGHLY. FOR THEIR SPE
CIAL BENEFIT WE ARE AGAIN PUBLISHING THE CONTRACT AND A LIST OF THE QUESTIONS AND ANSWERS IN CONNECTION WITH THE MEETING HELD ON FEB
RUAHY 22 LAST FOR THE PURPOSE OF EXPLAINING THE CONTRACT FULLY. WE ASK EVERYONE INTERESTED IN THE WELFARE OF THIS VALLEY TO GIVE
THIS CAREFUL CONSIDERATION FOR IT IS OF MORE IMPORTANCE TO THE PEOPLE OF THIS COUNTRY THAN ANY OTHER THING AT THIS TIME. READ IT CAREFULLY.
Mr. Noff then road tho contract which Is to bo held In escrow, a copy of
which will be (pa ml below. Tho following questions were aiked:
Q. Vherc U that water to be taken? " "
A. At the Intake on each subdivision. '"'.,' '
Q. What length ot time is the Irrigation period?
' A. We will come to that later In a subsequent paragraph.
Q. Suppose n man takes water on 10 acres or SO acres, has ho the right to
uso the water up to IS Inches?
A. Wo deliver tho water to him, to Irrigate tho whole piece, to tho depth
ot IS inches.
Q. Suppose a man hnd 20 ncrcs 10 acres In enr or wheat, and 10 acres
In alfalfa, and wanted more than IS Inches on his fitful fa and less than IS inches
on the pears could he use it this way?
A. He could use tho water In suchporportlonB on tho whole tract ns he
tecs fit.
Q. Now suppose it was not required on thnt piece ot land that 1 contracted
for, could I run past the line nnd iise on another piece?
A, No, The water must bo used on the land signed up. It can be used In
tuch porportlons as you sco fit. It Is necessary to do this lccanse tho cost of
this system is ono mlllllon and u half dollars, that Is tho best estimate that wo
hnvo been nblc to get, and the only thing that wo arc fearful of is that tho cs
Unntc Is too low. Tho water becomes appurtenant to the laud under the law of
Oregon; when n man owns a water right, he owns It appurtenant to n particu
lar uleco ot land.
Q. What I tho policy ot the company in case of a bad crop would It be a
policy of leniency?
A. Absolutely. As far as this company is concerned. It is not hero to get
your land does not want It. and there Is no question In the world hut that tho .
company would bo In position to and would bo lenient In regard to Install
wents falling duo; as to tho maintenance charge, that I something thnt tho
company has to pay out each year, and would havo to be paid In case of a gen
oral crop failure or conditions that made it a hardship. It would undoubtedly
'be tho policy .of tho company to deal leniently.
Q. What will bo tho date of the payment of tho maintenance fchnrge?
A. Thq l&th day of October of each y?ar. We advanro th cost of main
taining this -system during 'tho year nud you gel your crops off tho laud nnd
have an opportunity ecu them, then you pay $2.50 for thut year.
Q. How would It bo for tho water users to form an association called tho
Water Users Association, and at this time you speak of, When tho mainte
nance Is due, npKlnt a committee to meet with the officers of the company nt
that office, and get tho expense of the actual mnintnanre, and Instead of n flat
rate of f -'.GO per car each year, make tho amount Just whntvor it might be; it
It should bo J." an acre pay thut: should It run to 00 cents nit ncre.'miike It
ihnt. and 1 should like to see this question put on tho nctutil cost of maintenance.
) think thnt Is otto of tho principal objection lit tho way. 1 feet that It will bit
necessary to make a grsduatcd scale.
A. In this connection, the price of $2.50 1ms been arrived nt after carefully
estimating tho probable cost of maintaining this s stent, unit 'so far as tho com
pany is concerned. It Is their opinion thut they could not safely ugrre to do It
for any less mono For the first few years that this s.vstcm Is In operation It
must be apparent to everyone that as new water users entur Into tho contracts to
tnko water, that new laterals will have to be constructed, from the main canals
to the land; it jou should sign up next jear or )eur nftcr next, your land might
lay one-half or three-fourths ut u mile from tho cannl, It would bo neevssnry
to construct tho lateral to our lnnd. it would bo almost Impossible to sep
arate the cost ot all ot this extension work tht must be gono through with;
there will bn also undoubtedly n great many defects that will develop In tho
canal and different turt ot tho woik during tho first few years conditions
of soli perhaps hero is a place where the soil Is unusually porous and It will
be necessary to cement tho sides of tho canal. It Is almost Impossible during
the first fen years, until we havo the bulk ot this laud signed up and on
jour land, to make an Intelligent statement as In what should tin rhargid to
construction, and what to maintenance. The rompntt) has no desire nnd no
disposition to make a dollar out or this mnlnlenntico proposition. I am author
lied to sjy thut if ou want to tnko this thing over when 15.000 acres have
been signed, you ran have tho s)stem, so far as operation and maintenance Is
concerned, and jou ran form jour own organisation and you can rhargo
yourselves actual cost You can tnko it over and operate it )ourses at actual
cost, whenever 45.000 nrres of this land hate been signed up. The part that
could be charged to maintenance will bo very low only after tho Mutcni has
been In operation n few jenrs when all of the weak spots will hate been found.
Now wo will havo to chnrgn part to construction and part to maintenance, nnd
figure that J2 50 per ncro la Btunll enough. In this system there nro heavy
dnms nt Four Mile likc and Fish lnkt: n cannl from Four Mile Itko to Fish
Lake cutting from tho other watershed nnd bringing tho water across front
Klamuth to Jackson County, and (his will bo a very expensive proposition.
Just as soon as this thins Im put on a permanent basis and we have sold 45,000
acres, )ou run have It, and wo will sell our land ns wo can. As we sell a piece
of lnnd tho land owner romes Into your corporation.
Q. In caso (ho water would be. brought on to our tract, for Instance,
would It bo ncccssnr), or would tho company bo willing to carry that witter
along prolkrty Hues and not ncross diagonally, across the tracts of lnnd?
A. That Is a matter that you ran tul.o up with the company, and they will
certainly be willing to) construct Its system with the leust possible Inconvenience
and Injury to jour property.
WATER CONTRACT
This Agreement made and entorcd Into this , day ot
....191... by and between tho HOGUE III VBR CANAL
COMPANY, an Oregon corporation, party of the First Part and
Party of tho Second Part.
WITNESSETH:
The Party of tho First Part, in consideration ot tho covenants and agree
ments hereinafter contained, to bo kept and performed by tho Party ot tho
Second Part.hu bargained and sold and does by these presents bargain, sell
and conyey unto the said Party ot the Second Part a perpetual right to partici
pate in the use, of the waters flowing through its irrigation systom to irrlgato
acres out of the tract of land described below to
the extent of but not to exceed one and one-half aero feet per acre for each
annual Irrigation season and does hereby covenant nnd agree as follews:
(1.) That It has acquired from the State of Oregon by 'enlargement Permit
No. 19, Permit No. 407 and Iteservolr Permit No. GO, the waters ot Four Mllo
Lake la Klamath County. Oregon; of Fish Lake in Jackson County, Oregon,
with catchment canal connecting said lakes, and tho waters ot Llttlo Dutto
Creek, to a sufficient amount to irrigate 55,100 acres to a depth of ono and
one-halt feet during each annual irrigation season and that it will construct
and maintain a system ot reservoirs, canals, conduits, laterals and surface supply
pipes sufficient to conduct and will conduct, to the lands hereinafter described,
water for Irrigation thereof to tho amount ot and not to exceed ono and one
half ncro feet per acre for each annual irrigation season, measured at tho lntako
of each diversion from tlto Main Canal or Laterals.
(2.) That all eanals and laterals will bo constructed ot such capacity that
water can be delivered either in contlnuoos flow or in rotation, as will best
serro the diversified Interests ot all users, ll
That suck water wiH:be delivered nt such point within each legal subdivis
ion ot forty acres embraced "within or within which is embraced the land hero
after described ns is most practicable and that when necessary it will Install
and maintain suitable measuring devices for the measuring ot said water,
(3.) That it will not at any timo enter into any contract or contracts with
other persons which will require a greator amount of water than tho First Party
can supply to its users, per aero as herein specified.
In consideration of tho promises, seld Second Party docs hereby accept tho
convcyanco of said Water Illghts to the extent of. . ,
acres as aforesaid and does hereby agreo as follews:
(1.)' That he will pay for said Water itlght ut tho rato of fifty (50.00)
Dollars for each and every aero thereof. (Tho same being the present uniform
charge per ncro for a porpetual right to participate in the uso of said water)
in tho manner following, to-wit:
Tho sum of (f. ) Dollars
at tho timo First Party shall, under the terms of this contract, bo ready and
nblo to actually furnish and deliver its water upon the promises herein described
for irrigation In tho maunqr and quantity herein providod.
Tho sum ot I principal and i Interest ono year from said dato.
Tho sum of principal and $ interest two years from said dato.
Tho sum of I principal and I. . . . . .Interest three years from Ma Id dato.
Tho sum of I principal and I Interest four years from said date,
Tho sum of s principal and $,.,. ..interest five years from said dato.
Tho sum of $. .....principal and 1, .... .Interest six years from said dato.
Tho sum ot f principal and $ Interest seven years from said date.
Tho sum ot ?,,... .principal and $ Interest eight yearH from said dato,
Tho sum ot $ principal and , .... .Interest bine years from said date.
All doforrcd payments to bear lutoreut at tho rato of six por cent por an
num, tho Interest to begin when tho injtlul payment becomes payable as afore
said. Any or oil payments may bo mudu boforo duo and Interest abated accord
ingly. (3.) That (hoy will pay to tho Party of tho First Part tho sum of $2.50
por acre por annum on or boforo tho 15th day of October of each and every year
as an mutual maintenance charge for tho delivery of said wator,
(3.) All ot said sums duo and puyablo under this contract to bo paid at
tho offico of tho Company In Medford, Orogon, and it not paid when duo tho
same to draw interest at tho rato ot six por cent pur aruium payable semi
annually. (4.) That to securo tho payment ot all sums agreed to be paid by Second
Party to the First Party hereunder and the Interest thereon, tho Second Party
hereby gives and grants to tho First Patty a Hen upon all of tho land herein
described,
(C.) The Second Party does further hereby glvo and grant to said Flret
Party tho necehsary lights of way over and through tho lands hereinafter de
scribed and the right ot entry thereon, for tho purpose of conducting, main
taining, repairing or enlarging its canals, laterals and pipe lines.
(U.) That tho First Party may from timo to time make reasonable rules
and regulations as it may deem necessary for tho proper control and distribution
ot Its waters, but shall not decrease tho total Quantity of water to be delivered
or Increase the charges under tills contract.
(7.) That he will uso economy nnd good husbandry nt nil times In tho
uso of said water and thnt ho will not allow any ot s.tld wntcr to run to wnsto
and that any nnd all water in excess of that nctunlly needed by tho Second Party
shall be permitted to remain In the canals and laterals of tho First Party and
First Party shall havo the right, at Its option, to reclaim all waste wator passing
from tho lands herein described and to subject thu same to Its control.
(S.) That In caso ot contingency causing damage to Second Party by
water from tho dl-trlubtlon systom or sourco ot supply of First Party, Immedlato
notice thereof shall be given to First Party as. soon as tho ssmo shull cotuo to
tho knowlcdgo of Second Party and no action or set-off or counter claim shall
he maintained by Second Par'y for damages which said First Party could havo
prevonted If due notice had been given. Such notice shall bo given by telephone,
mail or any other usual channel ot conveyance.
(9.) That ho Is the.pwuer of the
title to tho property hereinafter described.
In consideration ot the Mutual covenants and agreeme-tu herein contained,
tho parties hereto do mutually agree as follews:
(1.) That the First Party shall bo rosponslblo to Second Pa-ty for nctunl
damages committed to crops or Improvements In the Installing, enlarging or
repairing ot any part of tho distribution system of First Party crossing any part
ot tho lands hereinafter described.
(2.) Tho Irrigation season during which wator Is agreed to bo furnlshod
hereunder Is fixed to begin not later than April 1st of each year nnd shall not
close prior to October 15th of each year.
(3.) That tho First Party shall not bo responsible In any manner for a
deficiency of wntcr caused by scarcity of natural water supply, damago by flood
or freezing, hostlla diversion or obstruction, forcible entry, riot, legal rostralut
or act of Clod, or In any case not controlled or nttrlbutublo to the negligence of
First Party and It for any reason there should occur, at uny timo. a shortage
In tho water supply, thon tho amount ot water thut U available shall bo distrib
uted to tho lands entitled thereto on a pro-rata basis cither in timo or In quan
tity or both, and iu such event the annual maintenance charge for said yours
shall bo reduced in Slkn proportion.
(4.) Tho Sccotid Party may determine for himself (subject to tho terms
and conditions hereof, and said rules and regulations ot First Party) tho quan
tity ot wator (within tho total amount to which ho Is cntltlod) which ho will
uso at my ono period in or during the Irrigation season, except that Second
Party shull not be allowed at any ono timo to uso more than one-third of said
total amount, nor shall such ono-thlrd quantity be used In any Irrigation season
more frequently than at tho expiration ot u thirty day intcrvul.
(5.) All wutor contracted for herein shall becomo and bo appurtenant to
the land hereafter described and shall bo used for Irrigation and domestic'
purposes only and shall bo measured at tho point of diversion from the canal
or lateral.
(C.) Tho land and premises affected by this contract arn situated, lying
and being in Jackson County, State of Oregon, and tiro iitoro particularly de
scribed as follows, to-wit:
together with all and singular, tho tonomnntu, hereditaments and appurtounnccs
thereunto belonging or appertaining, containing . i ....... . .acres,
It Is mutually agreed between the parties that In caso tho number of ucrcn
of water rights contracted for hereunder Is less than tho acreage of laud above
described, thon and In that ovunt thu Second Purty will, hh soon ns tho First
Party has constructed Its Main Canal and Laterals for the Irrigation ot said
lauds, execute and deliver to Hoiond Party u written declaration particularly
describing that portion ot thu above described premises upon which ho desires
water rights contracted horoiitider to apply, which premises must bo under the
canals ot tho First Party. Such declaration shall bo executed and acknowledged
In the samo form as deeds or other conveyances and shall bo delivered to First
Party within ton days after being notified that tho canals and laterals havo
been constructed as uforcsuld. Huch declaration shall bo recorded In tho Dcud
Ilecords of Jackson County, Orogon, and when so recorded this contract shall
thou apply only as to tho hind descrlbod lit said declaration.
(7.) When tho First Party shull havo Issued Its contracts to supply water
to Irrlgato all tho lands utidor its canals and laterals or so much thereof hh Its
supply of water Is adequate to pormuneutty Irrlgato In the manner heroin pro
vided und ahull havo received payment for 30,000 acres thereof or its oqulvnlont
then said First Party covenants and agrees that It will, on demand, convoy to
any corporation, selected nnd designated by u majority of tho owners owing
land so irrigated, the title to said irrigation system including tho water rights,
reservoirs, canals and all other holdings ot tho First Pnity nneossary in tho
storing and delivering of said wator to thu lauds to bo Inlgntn'l but not tho
unpaid amounts to become duo on tho outstanding contracts und thcroaftur title
thereto shall bo vested In said corporation and subjoct to Its munugomont und
control. Provided, however, that all ho'6wtior3 of lands so Irrigated from said
system, shall bo given equal right to tho membership nnd privileges of such
corporation In proportion to the acreage of laud so Irrigated and owned by them
and provided that any such corporation may, at any time, hecomo entitled to
said conveyance by purchasing from tho First Purty tho remainder of Its unsold
water at the prico per aerd1 herein named Und ill tho evorlt of such conveyance
to suld corporation, all the obligations of Second Party to tuulte tho payments
of 2. GO per aero per annum as a maintenance charge, shall Immediately cense
und terminate.
This contract shall bo binding upon the executors, Administrators, holrs,
assigns and successors ot tho parties executing It,
q. Is It understood tho right of uny Is donated to the rnnipsiiy?
A. Yes. You got tho benetlt of nil rights of way above you. and you
reciprocate by helping the man out below you,
q. How wide Is that right of way?
A. It varies In different cases It Is always possible for ou before going
lyto (his thing for you to find out. it U a tiling for each laud owner to go into
nnd loam boforo signing up.
q. Is tho survey permanently located?
A. There Is ti survey made undoubtedly subject to chances, but In each
case iiti can make our arrangements with tho compituy with inspect to those
muttcis. Yuti can look Into thu matter and got Information from tho compuit)
q. Supposing I find after two or three or four yours that I can't Use nunc
than 3 Inches of water,- hiivn I got to pu) for the IS Inches?
A. Yes, sir.
q. 1 find the water hinders my ground?
A. Then jou dont tnko it. Hero Is the proposltldii with reference to that
matter: Thu total amount of land under tho canals figured nt $50 nu ncro
will equal. If nil of It were In tmo. prniiloslly R5.000 oorc. If )oii did uo
but three Inches, and everybody else In proportion, thoro would onlv be one
fourth enough to pay for tho system. Wo urn going to glvo ion is Inches.
Sometimes crops require full) IS Inches nlfalfn for Instant u, n hit getting
Irrigation .for one acre ot laud or wltnlnvor ou need. When we have sold
45,000 acre then wo will turn It in or to )ou, whether wo have received pay
for any or It or not.
q How many acre will ou hsvo to hnt signed Up?
A Thirty thousand acres. As I huvo wild boforo. the cost of this stein
is $1.500,1100. Thlit) thousand iiitom nt )50 mi ncro would make Juut
11,500,000.
q. When do w have to pay?
A. Pay nit) time jou want to. on or bofont. Tho oxpsiidlture of
$1,500,000 will be made lit constructing tho s)slcm mrordlitg to plans and
specif leal Ions which will be approved by tho walur uem rominlltoi, whlrli will
bo explained lator.
q. A man has a lot of block ran ho uo water from tlione cunuU for
watering purposes?
A. Vs. It Is tor domcMlc and Irrlgntlon purposes, which Includes the
watering of nil stock n mm has
q. How do you mcusure the water for stock?
' ' A. You measure at tho Intake. If you havo tut itiru tinder Irrigation
you would bo entitled to enough water to cover thu laud lit is Inches. What
jou use this for does not concern us.
WATER ESCROW AGREEMENT
Tho Contract hereto nttachrd is hereby placed In escrow In the Medford
National Hank of Medford, Oregon, to bo held by said Haul; subject to tho fol
lowing conditiens:
it within 18 months from January 1st, 1913, there shall havo been placed
In said Hank a sufficient number ot contracts of similar tenor to this contract,
to Justify tho Party ot the First Pari to said contracts. In building nnd com
pleting Its entlro system adequate to Irrlgato 55,100 acres of land In the Itoguo
Klver Valley und said First Party shall within suld timo notify said Medford
National Hank thereof, said Hank shall catno to bn mailed through tho United
States Mall to the Second Party hereto and to each of tho Second Parties to
each and every other contract, so placed In escrow in said Hank, a notice fixing
tho time and place of meeting of the Second Parties to snld contracts addressed
to each said Second Parties at his Pout Office address ns stated III said Con
tracts respectively or it no address bo stated In said contracts then ut Medford,
Oregon. Said notices shall bn given not less than ten dtys before said meeting
and said meeting shall bo hold in soino convenient place In tho City of Medford.
At said meeting a commltteu ot five shall bo rhoson from among the said
Second Parties. Jl.ich ot the Second Parties nt said meeting shall bo untitled
to n number of votes equal to tho number ot acres of land for which ho has
contracted to purchase water as aforesaid. Such cmnmltteo shall bo chosen by
n majority of the ucreago represented at said mooting and also by a majority tu
number of thoso present.
It shall bo (ho duty and function of said cemmittee:
Flit ST: To examine Into tho responsibility and financial condition of tho
First Party and to determine whether or not tho First party Is ready and nblo
and has iu hands or available tho noccssary funds to nctunlly cnnstrucl'tho entlro
systom nnd to carry out und perform all tho terms of said contract.
SI'X'ONl):---To examine thu plans nnd specifications and details ot its pro
posed irrigation rjittom and to determine whether or not tho nnmn uro aduquato
and sufficient to furnish and supply water to 65,100 acres of land under Its
canals and ditches lit tho manner provided by said contracts.
TIIIIll): To make such Investigation ns tlmy mny deem necesmiry nnd to
dotormlno whether or not tho First Party bus nvallublo a sufflcluul supply ot
water to Irrlgato all of tho lands to bo Irrigated under all ot thu contracts so In
escrow In said bank.
It Is understood and ngreod thai said committee shall bu afforded, by the
Party ot tho First Part, nil Information and facilities of evury churuclur In Its
possession that It mny require in making suld Investigation nnd determination;
that if It deem It nccessury it may call to Its nsslstunco uny oxperl In Water
Supply or Irrigation and that the First Party will pay the reasonable charge ot
suld expert. It not being tho Intention, however, that tho tlma necessary to
make measurements of tho run oft of streams extent of wator shed, slso of
reservoir bnslns, or othor physical factors connected with tsld system shall bo
taken, but that reports ns to sucli matters furnished by the U, S, HydrogrnphlQ
Survey, thu Water Hoard of tho Stnto ot Oregon or other equally rullnbln
sources shall bo talion as tho basis ot such Investigation and that not itioru than
40 days shall bo cousumod In making tho name.
Upon concluding Its investigation und determination, tho said commltteo
shall make n written report to suld Hank, a ruport signed by four members
of tho committee, to bo deemed a report of the committee, nnd If said report
shall stuto that said commlten Is ot tho opinion aftor such Investigation, thnt
First Party Is ready, able and has on hand or avallnbln iiufflclout funds to
construct said system and (lint tlpr plans und Hpoelfleatlous of suld systom nro
siifflclDiilitud unliable to provide a permanent and adequate sjhtom of Irrigation
for 55,100 acrou of land under its ditches nnd catutls und that said First Party
owns or has nvallublo u supply of wator adnquulo to Irrlgato all of the lauds
covered by nil tho contracts Iu uscrnw In wild Hank In thu munnor provided by
said contracts, thou said Dunk shall upon receiving iiuld report dulivur nil or wild
contracts to First Purty. Hut If said Commltteo or two or moio members
thereof shall state Iu said report that from Investigation thuy nro not satisfied
ns to nil the uforusald mutters, then upon receipt ot said report said Hank shull
return ouch of said contracts to thu Second party named tlioruln, who executed
thu sumo anil tho suinu shall be considered cancelled and surrendered and In all
respects null and void.
It Is further understood that if suld Hank shall not receive report from tho
commltteo f mild Hycond party for u iierlod of 00 ilayH nfter said meeting nbovu
provided, suld UauW shull upon demand deliver all ot tho said contracts lb thu
First Party.
In caso a sufflclout number of contracts nro not soctirod as aforesaid, then
this contract shull bo returned to Second Party und tho sumo shall ho null und
void. ' '
IN WITNESS WHKHF.OF, THU FlllST PAHTY has linrounto caused Its
nnmn und corporato soal to bo affixed and HKCONI) PARTY has lioiouuto sot'
his hand and soul this ,,,,,, day ot , 101...
IlOfJUK ItlVlJU VALLHY OANAL CO,,
y
W1TNK8S,:
y.
Vice President.
(Hon!)
..... , , i ,,,,, , (Soul)
i (Soal)
Post Offico Address of Socoud Party.
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