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What About
iitig
ation ?
Some Important Questions Answered Relative to the Project
Pending Before the People
IT SEEMS THAT ALTHOUGH THE CONTRACT OF THE ROGUE RIVER VALLEY CANAL CO. 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
RUARY 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. No(f then road the contract which Is to be held In' escrow, a copy of
which will bo found below. The fallowing questions woro asked:
Q. Whero la that wtcr to bj takes?
A. At tho Intake on each subdivision.
Q. What length of tlmo Is the Irrigation period?
A. Wo will comQ to that later In n subsequent paragraph.
Q. Suppose a man tares water on 10 acres or 20 acres, has ho tho rightvtu
uso tho water up to 18 Inches?
A. Wo deliver tho water to him, to lrrlgat6 the wholo pleco to the dopth
of 18 Inches.
Q. Suppose, n man had 20 acres 10 acres In pear or wheat, and 10 acres
In alfalfa, and wanted inoro than IS Inches on his alfalfa and less than IS inches
on tho penra could ho use It this way?
A. lie could uso tho water In such porportlons on tho wholo tract ns ho
tecs fit
Q. Now supposo it was not required on that piece of land that I contracted
for, could I run past tho line nnd use on another piece?
A, No, Tho water must be used on the land signed up. It ran be used In
ruch porportions us you seo fit. It is nccosNiry to do this bceauso tho cost of
this system is ono mltlllon nnd a halt dollars, that is the best estltuato that wo
have been able to set. and the only thins that we nre fearful of Is that tho es
iuiatc Is too law. Tho water becomes appurtenant to tho land uudor tho law of
Oregon; when a man owns a water right, ho owns it appurtenant to a particu
lar piece of land.
Q. "What is tho policy of the company hi case of n bad crop would It be n
policy of leniency?
A. Absolutely. As far as this cnniany Is concerned. It Is not here to get
your land docs not want It. nnd there Is no question In tho world but that the
company would bo In a position to and would bo lenient In regard to Install
ments falling duo; ns to tho milutenanec chnrgo, that Is something that the
company has to pay out erli year, and would have to be paid. In caso of n gen
eral crop failure, or conditions that mado It n hardship, it would undoubtedly
bo tho policy of the company to deal leniently.
Q. What will bo tho dale of tho payment of the maintenance charge?
A. Tho 15th day of October of each year. AW advance tho cost of main
taining this system during tho year nnd you get your crops off tho land and
uavo an opportunity to sell them, then you pay $2.50 for that year.
Q. How would It bo for tho water users to form an association called tho
AVatcr Users Association, and at this tlmo you Bpcak of, When tho mainte
nance Is due. appoint a committee to meet with the oiricers of the company at
that office, and get the expense or tho actual inalntnauce, and Instead of n flat
rate of I2.G0 per year each year, make tho amount Jtut wbaiver It might be; If
It should bo to an acre pay that; should it run to CO cents im acre, maku It
that, and I should like to see this question put on tho actual rust of maintenance.
J think that Is one of the principal objections tu the way. I feel that It will ba
necessary to maku a graduated scale.
A. In this connection, the price of $2.50 has been nrrlved at after carefully
estimating the probnblo cost of maintaining this systsm, and so fnr as the com
pany Is concerned, it is their opinion that they could not safely agree to do It
for any less money. For the first few jcura that thin sjstom Is In operation it
m list be apparent to ever) one Mint ns new water users enter Into tho contracts to
tnko wuter, that new laterals will havu to lie constructed, from the main canals
to tho land: It you should sign up next enr or vear after nutt, your land might
lay one-half or three-fourths of n mile, from tho ennui. It would bo necessary
to construct the lateral to your land. It would be almost Imposslhlu tu sVp
nrato the cost of all of this extension wutk that must be gone through with;
there will bo also undoubtedly n great many defects that will develop In tint
canal nnd different parts of the work during the first few years- -conditions
of soil perhaps here I a place whero the sell Is unusually porous and It will
bo necessary to cement the rides of tho canal. It Is almost Impossible during
the first tew yean, until wo have the bulk of this laud signed up and on
your land, to make an Intelligent statement as to what should bo charged to
construction, and what to maintenance. The company has no deslro and no
disposition to make a dollar out uf this maintenance proposition. I am author
ized to iay that If you want to tako this thing over when 15.000 ncres have
been signed, nu can hat tho Mstem, so far us operation and maluleuauco Is
concerned, and you ran form your own organisation and you ran chnrgo
yourselves actual ront. You can take It ovr and operate It yourselves at actual
cost, whenever 45.000 acres of this land have lieu signed up. The part that
could be charged to maintenance will be very low only after tho system has
been in operation a few yearn when nil of the weak spot vlll hno been found.
Now we will have to charge part to construction and part to maintenance, nnd
figure that $2.50 per acre Is wiall enough. In thin nystom there nre heavy
dams at Four Mile Laho and Fish 1-ake.; a canal from Four Mile l.uko to FUtj
l.ako cutting from the other watershed and bringing the water across from
Klamath to Jackson County, nnd this will bo u very expensive proposition.
Just ns soon as this thing Is put on n permanent buals nnd we have xold IG.OOO
acres, you can have It, and wo will Hell our laud ns we can. As we sell a plccu
cf land tho land owner comes Into your corporation.
Q. In caso the water would bo brought on tu our tract, for Instance,
would It bo necessary, or would the company bo willing to carry that wntur
along property lines and not across dirgonnlly, across tho tracts of land?
A. That Ik a matter that you can tako up with tho company, and they will
certainly be willing to construct Its system with tho least itoiudblo litcouvenluiiut
nnd Injury to your property.
WATER CONTRACT
This Agreement mado and entered Into this day of
........ J ...'... .' 19l! ., by and between tho KOUUB MVEU CANAL
COMPANY, an Oregon corporation, party of the First 1'art and
Party of tho Second Part.
WITNKSSETII:
Tha Party of the First Part, in conslderatlsn of the covenants and agree
ments hereinafter contained, to be kept and performed by tho Party of "tho
Second Part, has bargained and sold and docs by these presents bargain, soil
and convey unto the said Porty of the Second Part a perpetual right to partici
pate in tho uso ot tho-waters flowing through Us Irrigation system to irrlgato
acres out of the tract of land described below to
tho extent of but not to exceed one and one-half aero feot per aero for each
annual Irrigation season and does hereby covenant and agree as follews:
(1.) That It has acquired from tho Stato of Oregon by enlargement Permit
No. 19, Permit No. 407 and Reservoir Permit No. CO, the waters of Four Mllo
Lake In Klamath County, Oregon; of Fish Lake in Jackson County, Oregon,
with catchment canal connecting said lakes, and the waters or Little ttutto
Creek, to a sufficient amount to Irrigate 55.100 acres to a depth of one and
one-half feet during each annual irrigation season nnd that It will construct
and maintain a system of reservoirs, canals, conduits, laterals and surface supply
pipes sufficient to conduct and will conduct, to tho lands hereinafter described,
water for irrigation thereof to tho amount ot and not to exceed ono and one
halt acre feet per aero for each annual irrigation season, measured at tho Intako
ot each diversion from tho Main Canal or Laterals.
(2.) That all canals snd laterals will be constructed ot such capacity that
water can bo delivered either in continuous How or in rotation as will host
serve the diversified interests of all users.
That such water will bo delivered at such point within each legal subdivis
ion ot forty acres embraced within or within which Is embraced tho land hore
after described as Is most practicable and that when necessary it will Install
and maintain sultablo measuring devices for tho measuring of said water.
(3.) That it will not at any time enter Into any contract or contracts with
other persons which will roqulro a greater umount ot water than the First Party
can supply to Its usors, per aero as herein specified.
In consideration ot the premises, said Second Party docs hereby accept tho
conveyance of said Water Ilights to tho extent of
acres as aforesaid and does hereby agreo as follews:
(1.) That ho will pay for said AVatcr night at tho rate of fifty (50.00)
Dollars for each and every aero thereof. (Tho name being the present uniform
charge per aero for a perpetual right to participate in the uso ot said water)
lu tho niauner following, to-wit:
Tho sum of , ....($.........) Dollars
at tho time First Party shall, under tho terms of this coutruct, bo ready and
nblo to actually furnish nnd deliver its wator upon tho premises herein described
for Irrigation lu tho manner and quantity herein provided.
'J'ho sum of .principal and f Interest ono year from said dato.
And $ Interest two years from said date.
nnd $ Intercut tluco years from ualil dale.
and $ Interest (our years from said dato.
and $ interest fivo years from, said date.
unit $ Interest six years from said date.
and $ Interest seven years from said. date.
I Interest eight years from said dato,
$ Interest nine years from said dato.
Tho sum of x .principal
Tho sum of f ... ...principal
Tho sum uf principal
Tho sum of $ principal
Tho sum uf I principal
Tho gum ot $ principal
The sum ot $ principal and
Tho sum of ; principal und
All doforred payments to bear interest ut tho rato of six por cent per an
num, tho interest to begin when tho Initial payment becomes payable, as afore
said. Any or all payments may bo mado boforo duo and interest abated accord
ingly. (2.) That they will pay to tho Party of tho First Part the sum of $2.50
per aero per annum on or before the 15th day ot October of each and every year
as an annual maintenance charge for tho delivery of said wator, .
(3,) All of said sums duo and payable under this contract to bo paid at
tho otftco of tho Company In Medford, Oregon, and If not paid when due tho
same to draw Interest at tho rate of six pur cent por annum payablo semi
annually. (4.) That to secure the payment of all sums agreed to bo paid by Second
Party to tho First Party hereunder and the Interest thereon, tho Second Party
heroby gives and grants to the First Party n lien upon all of tho Jand herein
described,
(C.) The Second Party does further horeby glvo and grant to said First
Party tho necessary rights of way over and through the lands hereinafter de
scribed and tho right ot entry thereon, (or the purpose of constuctlng, main
taining, repairing or enlarging Its canals, laterals and plpo lines,
(0.) That tho First Party may from time to time make reasonable rules
and regulations as H may deem necessary for tho proper control and distribution
of Its waters, but shall not decrease the total quantity of water to bo delivered
or increase the charges under this contract.
(7.) That he will use economy and good husbandry at all times In the
uso of said water and that ho will nut allow nny ot said water to run to waste
and that any and all water lu excess ot that uctually needed by the .Second Parly
shall bo permitted to remain In the canals nnd laterals of the First Party and
First Party shall have tho right, ut Its option, to reclaim all waste water passing
from tho lands herein described nnd la subject the snmo to Its control.
(S.) That In case of contingency causing Qamago to Second Party by
water from tho dlstrlubtlou aystom or source of supply of First Party, Immediate
notice thereof shall bo given to First Party as soon as (ho same shall come tu
the knowledge ot Second Party and no action or set-off or counter claim shall
bo maintained by Second Party for damages which said First Party could havu
prevented It due notice had been given. Such notlco shall ho glveii by tulephoue,
mall or any other usual chnnnol of conveyance.
(9.) Thnt ho Is tho owner or tho
title to tho proporty hereinafter described.
In consideration of tho Mutual covenants and agreements herein contained,
tho parties hereto do mutually agree an follews:
(1.) That tho First Party shall bo responsible to Second Party for actual
damages committed to crops or Improvements In tle Installing, enlarging or
repairing ot any part of the distribution system ot First Party crossing any part
ot tho lands hereinafter described.
(2.) The irrigation flea no n during which water Is agrcod to ho furnished
hereunder Is fixed to begin hot later than April 1st of each year and shall not
close prior to October 15th of each year.
(3.) That tho First Party shall not bo rcspouslblu In any manner tor n
deficiency of water caused by scarcity of natural water supply, damago by (loud
or freezing, hostile diversion or obstruction, forcible entry, riot, legal restraint
or act ot God, or In any caso not controlled or uttrlbutablo tn ton uegllKeuco ot
First Party and If for any reason thcro should occur, at uny time, a shortage
In the water supply, then the amount of water that Is available shall be distrib
uted to the lands entitled thereto on u pro-ratu basis cither in tlmo or lu quan
tity or both, and In such event the annual maintenance churgo for said years
shall bo reduced In llko proportion.
(1.) Tho Second Party may determine, for himself (subject to tho terms
and conditions hereof, nnd wild rules nnd regulations of First Party) thu quan
tity ot water (within tho total amount to which hu Is entitled) which ho will
use at any ono period In or during tho irrigation season, oxcept that Second
Party shall not bo allowed at nny ono time to uso mora than one-third of wild
total amount, nor shall such one-third quantity be used lu any Irrigation season
moro frequently than at thu expiration ot u thirty day Interval.
(5.) All water contracted lor heroin shall become and bo appurtenant to
tho land hereafter described and shall lio used for Irrigation and domestic
purposes only and shall bu measured at tho point ot diversion from tho canal
or lateral.
(C.) Tho land and premises affected by this contract nro situated, lying
and being in Jnckson County, statu ot Oregon, und nro moro particularly de
scribed as follows, to-wit;
together with nil and singular, the tenements, hereditament uud appurtenances
thereunto belonging or appertaining, containing acres,
It is mutually agreed between tho pnrtlus that in cuho tho number of acres
or water rights contracted for horuiiudcr In less than the acreage of hind above
described, then und In that evuut tho Second Party will, us soon as tho First
Party has constructed Its Main Canal and Laterals for thn irrigation ot said
lands, execute uud deliver to Second parly u written declaration particularly
describing that portion of tho ubotv descrlhcd premises upon which lie desires
water rights contracted hereunder to apply, which premises must bo uudor thu
canals of tho First Party. Such declaration shall be executed and acknowledged
lu tho sumo form us deeds or othor conveyances und shall bo delivered to First
Party within ten days after being notified that the canals und laterals havu
bcou constructed as aforesaid. Such declaration shall ho recorded lu tho Deed
Itccords of Jackson County. Orogon, and when so recorded this coutruct shall
then apply only as to thu land described in said declaration,
(7.) When tho First Party shall have Issued Its contracts to supply wutor
to Irrlgato all tho lands under its canals and laterals or so much thereof us Its
supply of wutor Is adeqiiato to permanently Irrigate- in tin manner herein pro
vided and shall liavo received payment for 30,000 acres thereof or Its equivalent
then said First Party covenants and agrees that It will, on demand, convey to
any corporation, selected and designated by n mujorlty of tho owners owing
land so Irrigated, tho title to said Irrigation systom including thu wutor rights,
reservoirs, canals and all othor holdings of tho- First Parly necessary lu tho
storing and delivering of said wator to tho laudu to be irrigated but not tho
unpaid amounts to become duo on tho outstanding contracts und thereafter title
thereto shall bo vested In said corporation and subject to its management und
control. Provided, however, that all tho owners or lands so Irrigated fruut said
system, shall bo given equal right to tho membership und privileges ot such
corporation In proportion to tho acreage of land so Irrigated and owned by thum
aud provided that any such corporation may, at any time, become entitled to
said conveyance by purchasing from tho First Party tho ronialmlor of Its unsold
water at tho prlco per acre herein named und lu the event of such cuuvoyunco
to said corporation, all thu obligations of Second Party to make tho paymonts
of 12.50 pur acre per annum ns a maintenance charge, shall Immediately cuiiso
and terminate
This contract shall bo binding upon tho executors, administrators, heirs,
assigns and successors of the parties executing It,
Q. Is It understood tho right or way Is donated (o the company?
A. Ye. You get the benefit r nil rights of way above jou. and you
reciprocate by helping tho man out below you.
Q. How wide Is that right of way?
A. It vnrles in different oases. It Is nlwnys ponsllilr for you before going
Into this thing fur ou to find out. It Is a thing for ouo.li laud owner tu go lulu
and lenru before signing up.
Q. Is tho survey permanently located?
A. Thoro Is n survey madu undoubtedly subject to change, but lu narh
case jou can mako jour arrangements with thu company with rnpii In thoMt
matters. You can look Into tho matter nnd got Information from (Im company.
(. Supposing I find after two or three or four jour that I eun't iuo tuoru
than 3 Inches uf water, hate I got to pay (or tho IS luuhesT
A. Yes, sir.
O. I find the water hinders my ground?
A. Then you duu't lake It. I lure la thn proportion with rndtmurw lo Unit
matter; The total amount of laud under the cunuls futmitd nt tftO an nrru
will equal. If nil of It were III use. prnvtlcilly 46.000 aerus. If you did uso
but three Inches, und eorybody else In proportion. Ihero would only Ih one
fourth enough t pay fnr tho mvhIpui. W urn going m Klvu jou 18 Inelies,
Sometime crops require fully t.S Indies alfaltu (or Instance. You urn getting
Irrigation (or onu acre of land or whatever you neml. When wo have wild
45,000 acres thou wo will turn It oer lo yuu. whether w have received pay
fur any of it or nut.
Q. Hiiw man) acre will juii lmw to have shjimd up?
A. Thirty thousand acre. As I have wild before, the cut of this tNtetu
Is $1,500,000. Thirty thuusaud acre ut $50 ait aero wpubj maku Just
11,500,000.
Q. When do we, have to pay?
A. Pay nny tlmo jou waul to, on or be for. Thu oxpunillture uf
$1,500,000 will hu mdo lu constructing tint Hitem nerording to plnm and
specif leatlous which will be approved by thu wntur Jt'om mmiiiltlito, which will
be explained later.
Q. A mail ban u tut of Mock -can he use water from thee canals (or
watering purposes?
A. Ytts, It la (or doiiteMlc uud Irrigation purposes, which lucludmi thu
watering of alt stock a tnitu has.
O, How do you meanure thu water for stouk?
A. Yuu uieaHiiro at thu Intake. K yuu hao an acre under Irrigation
Mill would bit entitled tu enough wuter to cover thu IhikI ut IS Inches, What
jou use this (or does nut concern in.
WATER ESCROW AGREEMENT
The Contract hereto attached Is hereby placed In escrow lu thn Medford
National Hank of Medford, Oregon, lo bu held by said Hank subject tu tho fol
lowing conditiens:
If within IS months from January 1st, 1913, there shall have been placed
In said Dank a sufdclcnt number uf runtracts of similar tenor to this coutruct,
to Justify tho Party of tho First Part to said contracts, in building nnd com
pleting Us entire sjstem adequate lo Irrigate 55,100 aires of laud In the llogun
ltiver Valley and said First Party shall within said time notify said Medford
National Hank thereof, said Hank shall catine to bo mnllad through the United
Htatcs Mall to the Second Party hereto ami lu each ot tho Second Patties tu
each anil every other contract, so placed In escrow lu said Hank, a notlco fining
tho tlmo and place of meeting of tho Second Parties in nald contractu addressed
to each said Second Parties at his Post Office address us stated In said Con
tracts respectively or If no address be stated In said coulructs then nt Medford,
Oregon. Said notices shall bo given not less than ten days before said meeting
nnd nald meotlug shall bo held lu some convenient pliicu In thu City of Medford.
At said mcvtlng a committee of five shall bo chosen (rum among thn said
Second Parties. Knch of thu Second Parties at said mooting shall be entitled
to n number of votes equal to tho number of acres of laud for which ho has
contracted to purchuso water as aforesaid. Such committee shall be chimin by
n majority of thu nercagn represented at said meeting and alio by a majority lu
number of thoso present,
It shall bu thu duty and function ot said committee;
FIRST:--To examine Into thu responsibility and financial condition of tho
First Party and to determine) whether or not thu First Party Is ready nnd nblo
nnd has lu hands or available the necessary funds lu actually construct thu entlro
system nnd to carry out nnd perform all tho terms of said contract.
SECOND: To examine the plans and spectllcntluus uud details of Its pro
posed Irrigation nysteui nitd to detormlno whether or nut thu saiuu nro ndequato
and sufficient to furnish and supply wuter tn 55.100 acres of laud under Its
canals and ditches In the manner provldud by said contracts.
TlllltU; To mako such Investigation as they may deem necessary and tn
determine whether or not the First Party has available a sufficient supply of
wuter tu Irrlgato all o( tho lauds tu bu Irrigated under all of thu coutrncts so lu
escrow lu said bank.
It la understood and agreed that said commltteo shall bu afforded, by thn
Party of thu First Part, all Information uud facilities of every character In Its
pOMcsslou Hint It may require lu making said luvestlgatlun uud determination!
that If It deem it necessary It may call to Its assistance any expert lu Water
Supply or Irrigation and that tho First Party will pay tho roasonnhlo charge ut
said expert. It nut being thu Intention, howavur, thnt thu tlmu necessary tu
maku measurements of thu run off of streams extent of water shed, shut of
reservoir basins, or other physical (actors connected with suld system shall bo
taken, but that reports as to such matters furnished by tho U. S. Ilydrouniplilc
Survey, thu Wuter hoard of tho Stato of Oregon or other equally reliable
sources shall bo taken us thu buMs o( such Investigation uud that not moro than
40 days shall bu cousumuil lu mulling thu same.
Upon concluding Its luvestlgatlun and determination, tho said commltteo
shall make, a written report to said Hank, a report signed by four mumburs
of thu committee, tu bo deemed a report of tho committee, and If said report
shall statu that said cuuimlteu Is of thu opinion after such luvuHtlgullnu. that
First Party Ih ready, able uud has on hand or available sufficient fiinil to
construct said system and thnt tho plami and speelflcatluus of mild system are
sufficient and unliable to provide u permanent uud adeqiiato system of Irrigation
(or 55,100 acres of laud under Its dltuhes uud canals and that nald Firm Party
owns or has available u supply of water udequato to Irrigate nil of the lands
covered by all thn contracts In escrow In uuld Hank In thu manner provided Uy
said contracts, then suld Hunk shall upon receiving suld report deliver all of nald
contracts tu First Party, Hut If suld Committee or two or morn moinhurs
thereof shall statu lu suld report that from Investigation they are nut satisfied
(ih to nil thu aforesaid mutters, then upon receipt of said report nald Hunk ahull
return ouch of said contractu to thu Second Party mimed therein, who executed
thu suiiiu and thu saiuu shall bu considered cancelled uud surrendered uud In all
respects null and void,
it Is further understood thnt If said Hank shall not receive report from thu
ouiiiinlttuu ( suld Second Party for u porlnd of 00 days after nald meeting nbovu
provided, said Hunk shall upon demand dullvur all ot tlui said contractu to thu
First Purly. f
In case a sufficient number of contrnuts nro not.socured uu aforesaid then
thlH contract shall bo roturnod to Second Party autlMho sumo uhiill hu uuil aud
'IN AV1T.NK88 WIIHHKOF, TIIK FiltST PAHTY han hereunto cniihcd Itn
iiumu and curpurntn seal to bo ufdxod aiid'HKCOND PAItTY lias hereunto i.ul
his haid uud uuul this duy o( Ill...
UOUUM ItlVHIt VALLWY CANAL CO.,
WITNESS:
hy.
Vlcu President,
(Sunt)
(Seal)
Post Qfdeo AddVess Vf 'sJcoihI Party,
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' ' ' "" t ' ' iihiiiiii t i i inn i- n ti't-hi ii mi -in I" null II II I IT i fllWWWBll