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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 21, 1913)
f wrow nx 'NrFiDITOTlT) MATTi TRTTWHR MEPffOTlt), OKKOON. FltmAV. MAltOU 21, 10W, A frjMfrMHHM What & About Irrigation ? Some Important Questions Answered Relative to the Project Pending Before the People IT SEEMS THAT ALTHOUGH THE CONTRACT OP THE ROGUE RIVER VALLEY CANAL CO. HAS BEEN PUBLISHED SEVERAL TIMES THROUGH THE PAPERS OF MEDFORI KmOTWA NUMBER OP THE LAND OWNERS BY OUR SOLICITORS AND A 0? EXPLAmiH& IT 'TO PEOPLE WHO ARE INTERESTED IN IT, YET WE PIND THAT COMPARATIVELY FEW SEEM TO UNDERSTAND IT THOROUGHLY. FOR THEIR SPL ISSSSjmuJlS AND A LIST OF THE QUESTIONS AND ANSWERS IN CONNECTION WITH THE MEETING HELD -ON FEB SJS 92 LAST FORTHE PURPOSE OF EXPLAINING THE CONTRACT FULLY. WE ASK EVERYONE INTERESTED IN THE WELFARE OF THIS VALLEY TO GIVE raRElS CONSrolRWN Me"0?SS?(S TO THE PEOPLE OF THIS COUNTRY THAN ANY OTHER THING AT THIS TIME, READ IT CAREFULLY. Mr. Neft then road tho contract which Is to bo held In escrow, n copy ot which will bo found below. Tho following questions wcro asked: Q. Where Is that water to bo taken? A. At the Intake on each subdivision. Q. What length of tlmo ts tho irrigation period? A. Wo will como to that later In a subsequent paragraph. Q. Suppose a mail takes water on 10 acres or 20 acres, has ho tho right to uso tho water up to IS Inches? A. Wo deliver tho water to him, to Irrigate tbo wholo plcco to tho depth of IS Inches. Q. Suppose a man had 20 acres 10 acres In pear or wheat, and 10 acres In alfalfa, and wanted mora than 18 Inches on his alfalfa and leas than 18 Inches nn tho pears could ho uso It ths way? A. lie could uso tho water In Mich porportlons on tho whole tract as ho tees fit. Q. Now suppose It was not required on that plcco ott land that I contracted for, could 1 run past tho lino and uso on another piece? A. No. The water must be used on tho land signed up. -Jt can be used In luch porportlons as you seo fit. It Is noceasary to do this becauso the cost of this system Is ono mlllllon and a half dollars. that Is tho best estlmato that wo have been able to get. and the only thing that wo arc fearful of Is that tho es traato Is too low. Tho water becomes appurtenant to tho land under tho law of Oregen: when a man owns a water right, ho owns It appurtenant to a particu lar piece ot land. Q. What Is the policy of tho company In case of a bad crop would it be a policy ot leniency? A. Absolutely. As far as this- company is concerned, it Is not here to get your land does "not want it, and thcro is no question In the world but that tho company would be in a position to and would bo lenient in regard to Install ments falling duo; ae to the maintenance charge that Is something that tho company lias to pay out each year, and would havo to bo paid. In case ot a gen eral' crop failure or conditions that made it a hardship, it would undoubtedly bo the policy of tho compsny to deal leniently. Q. What will be tho date ot the payment ot tho maintenance chargo? A. Tho IBth day of October of each year. Wo advanco tho cost of main taining this system during tho year and you get your crops off tho land and havo an opportunity to sqll them, then you pay $ 2.50 for that 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 the mainte nance Is duo, appoint a comraltteo to meet with the officers ot the company at that office, and get the expense of tbo actual malntnanco, and Instead ot a flat rato ot $2.50 per year each year, make the amount Just whatver It might be; If It should bo $5 an acre pay that; should It run to CO cents nn ncre. mnko It that, and 1 should like to see this question put on the actual cost of Maintenance. I think that Is one of the principal objections In the way. 1 feel thnl It will bo necessary to make a graduated scale. A. In this connection, the price of $2.50 has been arrived nt after carefully estimating tho probable cost of maintaining this system, nnd so far us tho com pany la concerned. It Is their opinion thut they could not safely ngruo to dw It for any less money. For tho first fow years that this system Is In operation It must bo apparent to cveryono that as new water users enter Into tho contracts to jako water, tnat new latornls will have to be constructed, from tho main ennnls to tho land; if you should sign up next year or year after next. )our land might lay one-half or throo-fuurths of n mllo from tho canal, It would be necessary to construct tho lateral to your land. It would bo almost Imposslblo to sep arata tho cost of all of this extension work that must bo gonu through with; there will be also undoubtedly n great ninny defects that will develop in tho canal and different parts of tho work during the first fow years conditions of soil porhapx here is i place whero tho soil Is unusually pomus nnd It will bo necessary to cement the sides of tho canal. It Is almost impossible during the first fow years, until wo havo tho bulk of this land signed up and on jour land, to mako an Intelligent statement as to what should ho charged to construction, and what to maintenance. The company has no deslro and no disposition to mako a dollar out of this maintenance proposition. I nm author Iced to say that if you want to tako this thing over when 4 5.000 acres havo beon signed, you can have tho system, so fur as oMrnt!on and maintenance Is concerned, and yuu can form your own organisation and you can chargo yourselves actual cost. You can tako it over and operate It yourselves at actual cost, whonevcr 45,000 acres of this land have been signed up. Tho part that could bo charged to maintenance will bo very low only after the systom has been In operation a fow years when nil of tho weak spots will havo been found. Now wo will havo to charge part to construction and part to maintenance, nnd tlguro that $2.50 per acre Is small ouough. In this sjstcm thero are heavy dams nt Four Mllo Lake and Fish Lake; a cjnal from Four Mllo Lake to Fish Lake cutting from tho other watershed nud bringing tho water across from Klamnth to Jackson County, nnd this will be a vory expensive proposition. Just as soon as this thing Is put on a permsnnnl basis and 'we havo sold -15.000 acres, you can have it, and wo will sell qur land ns we can. As e sell a piece cf land the land owner comes Into your corporation. Q. In caso tho water would b brought on to our tract, for Instance, would It bo necessary, or would tho company be willing to carry that water aloug property lines nnd not across diagonally, across the tracts of land? A. Thrt Is a matter that you can take up with the company, nnd they will certnlnly bo willing to construct Its system with the least possible Inconvenience and Injury to your property. you WATER CONTRACT This Agreement made and entered Into this day ot 191... by and between tho ItOClUE ItlVER CANAL COMPANY, an Oregon corporation, party of tbo First Part and Party of tho Second ParL WITNESSETH: Th.Prty of thp First Part. In consideration of the covenanta and agree ments hereinafter contained, to be kept and performed by tho Party of tho Second Part, bag bargained nnd sold and. does by tbeso presents bargain, sell and convoy unto the said Party ot the Second Part a perpetual right to partici pate la the use ot the waters flowing through Its Irrigation system to irrlgato acres out of tho tract of land described below to tho extent of but not to exceed ono and one-half aero feet per acre for each annual Irrigation season and doos hereby covenant nnd agree as follows; (1.) That It has acquired from the Stato ot Oregon by enlargement Permit No. 19, Permit No. 407 and Itesorvolr Permit No. 50, tho waters of Four Mllo Lake In Klamath County, Oregon; of Fish Lake in Jackson County, Oregon, with catchment canal connecting said lakes, and tho waters of" Little Dutte Creek, to sufficient amount to Irrigate 55,100 acres to a depth ot ono and one-halt feet during each annual Irrigation season and that it will construct and maintain a system of reservoirs, canals, conduits, laterals and surface supply pipes sufficient to conduct and will conduct, to the lands hereinafter described, water for irrigation thereof to the amount of and not to exceed ono and one half acre feet per acre for each annual irrigation season, measured at the Intake ot each diversion from tho Main Canal or Laterals. (2.) That all canals and laterals will be constructed ot such. capacity that water can be delivered cither In continuous flow or in rotation as will best serve tho diversified Interests of all users. That such water will be delivered nt such point within each legal subdivis ion of forty acres embraced within or within which is embraced the land hore after described as Is most practicable and that when necessary it will Install and maintain suitable measuring devices tor trja measuring of said, water. (3.) That It wjll not at any tlmo enter Into any contract or contracts with other persons which will require a groater amount of water than tho First Party can supply to its users, per aero as herein specified. - ' In consideration of tbo premises, said Second Party does hereby accept thp conveyance of said Water Rights to tbo extent of , acres as aforesaid and does hereby agree as follews: (1.1 That bo wlU pay for -said Wuter tight at tho rate of fifty (50.00) Dollars (or each and every acre thereof. (The same being the present uniform charge per acre for n perpetual right to participate In tho uso of said water) In the manner following, to-wlt: Tho sum of (I ) Dollars at tbo time First Party shall, under the terms of this contract, be ready and able to actually furnish and deliver Its water upon the premises herein described for Irrigation in tho manuor and quantity herelu provided. Tbo sum ot f principal and $ interest ono year from said dato. Tho sum ot $ principal and $.,,,. .interest twp years from said date, Tho sum of $ principal and $ Interest thrco year's from said date. Tbo sum of $ principal and $..... ,nterps( four ypars from said dato. Tho sum ot $. ... ..principal and $ Interest five years from said date. Tho sum of . ... ..principal and $..,-. .Inforpst six yeara from said dato. Tho sum ot $. , . . . .principal and $ Interest seven years from said date. Tho sum of principal and $ Interest elobt years from said dato. Tho sum ot $ principal and $ interest nine years from said date.' All deferrod payments to bear Interest at tho rato of six per cent por an num, tho Interest to begin when tho Initial payment becomes payable as afore said. Any or all payments may bo made before duo and Intorest abated accord- (2.) That they wll) pay to tho Party of tho First Part tho sum of 2,P0 per acre por au'num on or buforo tho 15th. day of Qctpber of each apd every year as an annual maintenance charge for tho delivery of Bald wa(er. (3,) A)l of said sums due and payable under this contract to be paid at tho office of the I Cqmpauy In Medford, Oregon, and'lf not paid when duo the samo to draw interest nt tho rato ot six .per cent per annum payable semi annually, ...'... (L) That to secure thp payment of nil sums agreed to bo paid by Second Party to the First Party hereunder and tho Interest thereon, the Second Party hereby gives and grants to tho First Party a lien upon all of tho land herein described, J ' (5.) The Second Party does further hereby give and grant to said First Party tho necessary Tights of way over and through the lands hereinafter de scribed and tho right of entry thercon, for tho purpose of constuctlng, main taining, repairing or enlarging Its canals, laterals and plpo lines. . (C.) That the First Party may from tlmo to time mako reasonable rulos and regulations as it may deem necessary for the proper control and distribution ojjlts .waters, put shall not deprensB thp totnj quantity of jvator to bo delivered sr Increase the charges uudor this contract. ' (7.) That he will use economy and good husbandry nt nil times In tho use of said water and that ho will not allow nny ot said water to run to waste and that any and nil water In excess of that actually needed by tho Second Party shall bo permitted to remain In tho canals and laterals ot tho First Party nnd First Party shall havo tho right, at Its option, to reclaim nil waste water passing from tho lands herein described nnd to subject the samo to its control. (S.) That In caso of contingency causing damngo to Second Party by water from tho dlstrlubtlon systom or source of supply ot First Party, immedtato notice thereof shall bo given to First Party as soon as tho same shall como to tho knowledgo of Second Party and no action or set-off or counter claim shall bo maintained by Second Party for damages which said First Party could havo prevented If due notice bad been given. Snch notice shall be given by telephone, mall or any other usual channel of conveyance. (9.) That ho Is the owner of tho tltlo to tho property hereinafter described In consideration ot tho Mutuul covenants and agreements heroin contained, tho parties hereto do mutually agreo as follows; (1.) That tho First Party shall be responsible to Second Party for actual damages committed to crops or improvements In tho Installing, enlarging or repairing of any part ot the distribution system of First Party crossing any part of the lands hereinafter described. (2.) The Irrigation season during which water Is agreed to bo furnished hereunder is fixed to begin not later than April 1st ot each year and shall not closo prior to October 15th of each ear. (3.) That tbo First Party shall not bo responsible In nny mnnner for a deficiency of water caused by scarcity of natural water supply, damage by flood or freezing, hostile .diversion ot obstruction, forclblo entry, riot, legnl restraint or act of Uod, or in any caso not controlled or attributable to tho negligence ot First Party and If for apy reason there should occur, at nny tlmo, a shortage In tho water supply, then tho amount of water that Is nvallnblo shall bo dlstrlbr uted to the lands entitled thereto on a pro-rata basis either In time or In quan tity or both, and In such event tho annual maintenance chargo for said yoars shall be reduced In like proportion. d,) Tho 8econd Party may determine for himself (subject to the terms and conditions hereof, nnd said rules and regulations of First Party) the quan tity of water (within tbo total amount to which ho Is entitled) which he will uso at any ono period In or during the Irrigation season, except that Second Party shall not bo allowed nt any ono time to uso moro than ono-thlrd (if r.ald total amount, nor shall such one-third quantity bo used In any Irrigation season moro frequently than nt tho expiration of n thirty day Interval. (5.) All water contracted for herein shall become and bo appurtonant to tho land hereafter described and shall ho used for Irrigation and domestic purposes only and shall bo measured at tha point of diversion from tho canal or lateral. (6.) Tho land and protnls.es affected by this contract arc situated, lying and being in Jackson County, Statu ot Oregon, and uro more particularly de scribed as follows, to-wlt: together with all and singular, tho tonements, hereditaments nnd appurtonanccs thereunto bolonglng or appertaining, containing , .acres. It is mutually agreed between tho parties that in caso tho number ot acres of water rights contracted for hereunder is less than tho ncroago of land abovu described, then aud In that event tho Second Party will, as soon us tho First Party has constructed lis Main Canal and Laterals for thp Irrigation of sold lands, pxecuto and dullvpr to Second Party n written declaration particularly describing that portion of tho nbovo described promises upon which ho desires water rights contracted hereunder to apply, -which promises must bo under tho canals 0( the First 1'arty. Such declaration gball bo oxecutod and acknowledged In tho samo form as deeds or other conveyances and shall bo delivered to First Party wfthln ten days after being notified that the canals nnd laterals havo been constructed as nfpresald. Such declaration shall bo recorded In the Deed Ilecorda ot Jackson County, Oregon, nud when so recorded this contract shall then apply only as to tho land doscrlbod In said declaration, (7.) When tho First Party shall hnvo Issued its contructH to supply wntor to Irrlgato all tho lands uudor tfl canals and laterals or so much thereof as Its supply of wotor Is adequate to permanently Irrlgato in tho muirner herein pro vided and shall havo received payment for 30,000 acres thereof or its equivalent then said First Party covenants and agrees thut it will, on demand, convoy to any corporation, solectod uud designated by a majority of tho owners owing land so Irrigated, tho title to said irrlgatldn system including tho water rights, reservoirs, canals and all other holdings of tho First Party necessary In tho storing and delivering of said water to tho lands to be irrigated but not tho unpaid amounts; to becamo duo ou the outstanding contracts and thereafter tltlo thereto shall be yosted in said corporation and subject to Its management uud control, Provided, howover, that ul tho ownora of lauds 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 Irrlgatod and pwuud by thorn nnd provided flint any such corporation may, at nny time, become ontltlvi to said conveyance by purchasing from tho First Party tho remainder of Its unsold wntor nt tho prlco por aero herein named nnd In the oyont of such conveyance to said corporation, nil tho obligations of Second Party to make tho payments of $2.5p per aero por annum as a maintenance chargo, shall Immediately cotuo and terminate. . . . . This contract shall bo binding upon tho executors, adpilrilstrators, holm, assigns aud successors ot tho parties executing It. o ' in it iiini..rio(i(l llm rlisht of vvnv In donated to the rnmpnuy? a! Yes. You not tho benefit ot nil rights of way nbovo. you, nnd reciprocate by helping tho man out below you. q. llow wide Is that right of way? ... A. It varies in different cast. It Is nlwnj' possible for you Imforo going Into thin thing for nti to find out. It Is u thing for iuih hind owner to go Into aud lenm before signing up. n i tin. mirv.iv iiiirnmnpnllv lorn toil T a! Thero Is n survey nuido undoubtedly subject In changes, but 111 each case yuu can make jour arransemeiits with tho company with respect to those matters. You ciui look Into tho matter nud gut Information from tho compniiy. Q. Supposing I find after two or three or four years Hint I can't use more than 3 Inches of water, Imvu I B"t to puy for tho 18 Inehi? A. Yes. Kir. q. I find the water hinders my ground? A. Then you don't tnku It. Hero Is the proposition with reference to tnat matter: Tho total nniount of laud under tbo wuuil figured nt $60 nn ncro will equnl. If all of It were In use. prnctlenlly 65.000 acres. If you did hsu but three Inrhos, nnd everybody else In proportion, thero would only bo one fourth enough to pay for tbo system. Wo nm going to give you 18 Inches. Sometimes crops require fully IK Inches nlfnlfn for Instance. You nre getting Irrigation for ono uere of land or whatever yon need. When i him. sold 45,000 acres then w will turn It over to jou, whether we Imvo received pay tor any of it or not. q. How many acres will you have to have signed lip? A. Thirty thousand acres. An 1 Imvo said before, tho cost of this sjstem Is $1,600,000. Thirty thousand acres at $50 mi nnre would msko Just $1,500,000. Q. When do wo Imvo to p.iy? A. Pay any time jou want to, on or before Tm expenditure or $1,600,000 will bo mado In constructing tho system according to plans nnd specifications which will bo approved by the water users cuinmUte. which will bo explalnrd later, q. A man has a lot of slock can ho nw wnler from these canals for watering purposes? A. Yes. It Is for domestic and Irrigation purposes, wlileh Includes tho wnterlng of nil stock a man bus. q. llow do you measure tbo water far stock? A. You moasitre at the Intake. If you have nn acre under Irrigation you would bo entitled l enough water to cover the laud nt IS luches. What you uso this fur does nut concern us. WATER ESCROW AGREEMENT Tho Contract horcto attached Is hereby placed It) escrow In the Medford National llnnk of Mcdford, Oregon, to bo hold by said Hank subject to thn fol lowing conditiens: . If within IS months from January 1st, 1913. there shall have been placed In said Hank a sufficient number ot contracts of simitar tenor to this contract, to Justify tho Party of tho First Part to said contracts. In building nnd com pleting Its entire systom ndeqiiato to Irrigate 55,100 acres ot laud In the Hoguo Hlver Valley and said First I'nrty shall lthln n.Md tlmo notify said Medford National Dank thereof, said Hank shall cnuso to bn mailed through tho United Slates Mntl to the Second Party hereto nnd to each of thn Second 1'nrtlo to each and every other contract, so placed In escrow In said Hank, ft notice fixing tho time and plnco of meeting of the Second Parties to said contracts addressed to each said Second Parties ut his Post Offlco address us stated In said Con tracts respectively or If no address be stated In snld contracts then nt Medford, Oregon. Said notices' shall bo given not less than ten dayn before snld meeting and said meeting shall ho held In somo convenient place In thn t'lly of Medford. At said meeting n commltteo of five shall he chosen from among the snld Second Parties. Each of tho Second Parties nt said meeting shall bo entitled to u number of votes equal to the numDer of acres of land for which he has contracted to purchase water ns aforesaid. Such commlttue shall ho chosen hy a majority of tho acrengu represented nt said meollug and nlso by n majority In number of ihoso present. It shall ho tho dul and function of said cemmittee: FIRST: To exatulno Into the responsibility uud financial condition of tho First Party and to determine whether or not tho First Party In ready aud nhlo and has In hands or available tho necessary funds to uctunlly construct the entire system and to carry out nnd perform all the terms or said contract. SECOND: To examine tho plans and specifications nnd details of Its pro posed Irrigation system and to determine whether or nut thu same are adequate and sufficient to furnish and supply water to 56,100 acres of lurid uudor Its canals and ditches In tho manner provided by said contracts. TiililD; 'To make such Investigation us they may deem necessary nnd to determine whether or not the First Party hs available n sufficient supply ot wptcr to Irrlgato alt of tho lands to bo Irrigated under ull ot thu contracts so in escrow in said bank. It is understood and ngreod that said commltteo shall bo afforded, hy tho Party of tho First Part, all Information and facilities ot every character In Its possession that It may require in making snld Investigation and determination! that It it deem It necessary it may call to Us assistance any oxpert in Water Supply or Irrigation and that tho First Party will pay tho reasonable charge ot suld export. It not being the Intention, however, Hint tho tlmo necessary to make measurements of tho run off ot streams oxtout of water shed, slcu of reservoir basins, or other physical factors connected with said system shall bo takon, but Hint reports ns to such mutters furnished by tho U, S. Ilydrographla Survey, tho Wntor Hoard of tho State of Oregon or other equally rellablo sources shall bo takon as tho basis of such Invostlgntlnu uud that not more than id days shall bo consumed In mailing tho samo. Upon concluding Its Investigation and determination, tho said commlttoo shall muku n written report to said Hank, a report signed hy four mumbors of thu commltteo, to bo doomed n report of tho commltteo, and If said report shall utnto that snld commltco Is ot thu opinion after such Investigation, thai First Party Is ready, ablo and has on hand or nvallnblo sufficient funds to construct paid system aud that the plans and specifications of said system are sufficient nnd sultablo to provide n permanotit and ndeqiiato system of Irrigation for 65,100 usrea of land under Its ditches nnd canals and thut suld First I'nrty owns or hnu nvallnblo n supply or wator ndeqiiato to Irrigate nil of tho lands covorod by nil the contracts in escrow in said Hank In tho maimer provided by said contracts, then said Dank shall upon receiving snld report deliver all of said contracts to First Party. Hut f snld Commltteo or two or mora members thereof shall utnto In suld ieport that from Investigation thoy nre not satisfied us to all thu aforesaid matters, then upon receipt qf suld report said Hunk shall return each of snld contracts to tho Bucond Parly named therein, who oxecutod thu samo and (ho samo shall bo considered cancelled and surrendered nnd in all respects null and void. It Is further understood that If said Hank shall not recolre report from thp commltteo f snld Second Party for n period of GO days after said meeting nbovo provided, snld Hank shall upon demand deliver all ot thu said contractu to tho First Purty. In caso a sufficient number of contractu are not uuciirod as aforesaid, thon this contract ahull bo returned to Second Party and tho samo uhul be null und void. . ' IN WITNESS WIIEIIEOF. THE FJItBT PARTY has hereunto cnimed Its namo und corpora to soul to bo ufflxod and SECOND PAHTY litis hereunto sot lVoduiV It'lVEIt VALLEY CANAL CO., uy Vlco PreBldont. Hy ,.,,,.........,.,,,,....., , (Hoall (Sonl) (Seal) Pos( Office Address ot Second Party, his hand and seal this. . , . . .day ot, WITNESS: Hs4hMhK" M V -