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What
About Irrigation?
Some Important Questions Answered Relative to the Project
: s Pending Before the People
IT SEEMS THAT ALTHOUGH THE CONTRACT OP THE ROGUE RIVER VALLEY CANAL CO. HAS BEEN PUBLISHED SEVERAL TIMES THROUGH THE PAIERS 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
RUARY42fc LA3T OR THE PURPOSE fcJMGXPLAINiNG THE CONTRACT FULLY. W(E 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 CARE
FULLY. '
Mr. off then rend tho contract which Is to ho hold In escrow, n copy of
which will be found below Tho following question were asked:
Q. Wlicro Is that water to be taken.
A. At the Intake on each subdivision.
Q. What length of time Is the Irrigation perlodT
A. We will come to that later In a subsequent paragraph..
Q. SmipoM'a tnan takes witeFofl lO'acrcS or 20 acres, has ho the right to
use the water up to 18 Inches.
Wo delher the water to him. to Irrlgato tho whole piece to the depth
of IS Inches.
Silpfxwo a man hnd 20 acres to acres In pear or wheat, and 10 acres
In alfalfa, and wanted nidro than 18 Inches on his alfulfnj and less than IS Inches
on the jtears could he use It this way?
A. Ho could use, the water In such proportions on tho wholo tract as ho
sees It.
Q. Now suppose It was not required on that piece of land that I contracted
for. coUld 1 run past the lino and Use on another piece??
A. No. Tho water must bo used on the land signed up It can be used In
such proportions as you see fit. It H necessary to do this because tho cost of
this system Is one million and a half dollars. that is tho best estlmntn that wo
have been able to get. and tho only thins that We are fearful of Is that tho es
timate l too low. Tho water become appurtenant to tho land Under tho law of
Oregon; when a man owns a water right, he owns It nppilrtcnant to n particu
lar" plctc of land.
Q. What Is the poller of the company lit case of a bad crop would it bo n
policy of leniency
A. Absolutely. As far as this company Is concerned. It Is not here to get
your land dees not want it. and thero Is no question In the world hut that tha
company would bo in a position to and would be lenient In regard to Install
ments falling duet as to the maintenance charge, that IS something thnt the
company has to pay out each year, and would hare to be paid. In case of n gen
eral crop failure or conditions that made It n hardship, It would undoubtedly
be tha polity of tho company to deal leniently.
Q. What will bo tho ilato of the payment of tho maintenance charge?
A. Tho 15th day of October of each year. Wo advauco tho cost of main
taining this system during tho ear and ou get jour crops off tho land and
havo an opportunity to sell them, then you pay J2.f.O for that jear.
Q. How would it bo for tho water users to form nh association called the
Water Users' Association, and at this time ou speak of, when the mainte
nance -Is due, appoint a committee to meet with the officers of tho company at
that office, and get tho expenso of the actual maintenance, and Instead of a flat
rata of $2.50 per year each jcar. make tho amount Just whatever It might be: if
It should bo K an acre pay that: should It run to till renin an tier, mnko It
that, and I should like to sec this question put on the actual cost of utnlntouanco.
1 think thnt is ouo or tho principal objections In the way. I feel that It will ho
necessary to mnko ngmduntcd scale.
A. In this connection, the prlco of $a,".fl hns been arrived At after circfully
estimating tho probable cost of maintaining this sjstom. mid no far as tho com
pany Is concerned. It Is their opinion that thuy could not safely ugroo to do It
for any less money. For tho first few jean thnt this sjstoin I In operation It
must bo apparent to everyone thnt ns new water users outer Into tho contract to
take water, thatJicvv laterals will have to bo eonsrueted. from tho main canals
to tho land. If ou should sign up next your or jenr after next, jour laud might
lay one-half or three-fourths of n mlto front the canal, it would bo uect'ssary
to construct the lateral to your laud. It would bo almost Impoislblc to sep
arate the cost of all of this extension work thnt must be goim through with:
thero will bo also undoubtedly a great man) defects that will duelop In thu
canal and different parts of the work during tho tlrijt few jours conditions
of soil perhaps hero Is a place where the soil Is unusunllv poroiiK and It will
bo necessary to cement the sides of the canal. It Is ullttotit tiuposslhlo during
tho first few years, until wo have the hulk of this laud signed up and on
your land, to make nu Intelligent statement as to what should bo charged to
construction, and what to maintenance. The company has no desire and no
disposition to mako a dollar out of this maintenance proposition I am author
Ixed to say thnt If ou want to tnko this thing over whelt 45,000 acres have
been signed, you can have tho system, so fnr as operation and malutenatice Is
concerned, and jou can form J our own organization and jou ran charge
yourselves actual cost. You can take It over and operate It yourolVes at nctual
cost, whenever -I ft, 000 acres of this land have boon slgucd up. Tho part that
could bo charged to maintenance wilt bo ory low only after the system has
been tu apcrntlon a few jenrs when all of the weak spots will have been found.
Now wo will have to charge part to construction and part to maintenance, and
figure that $2 SO per aero Is small enough. In this sstcm there uro heavy
dams at Four Mile !ake and Fish I.nkc; a canal from Tour Mite I.ako to Flsn
Lake cutting from the other watershed and bringing the water across from
Klamath to Jackson County, and this will ho a very expensive proposition.
Just as soon as this thing Is put on a permanent hauls and wu have sold 13.000
acres, you can have It, ami wewlll roll our laud as we can As wo sell a pleco
of land tho land owner comes Into jour torporatlon
Q. In caso tho water would be brought on to our tract, for Instance,
would It bo necessary, or would the company bo willing to carry that water
along property linns and not across dlagonnlly, ncrtxs thu tracts of laud?
A. That Is a matter you cuu tnko up with tho compuuj'. and they will
certainly bo willing to construct lis sjstem with tho least possible Ineonvcnteuco
t
WATER CONTRACT
This Agreement made and entered Into this u...j. day of
..-.........'...........r91.., by and between tho IIOGUE KlYEtt CANAL
COMPANY, an Oregon rorpTTrnfion, party at tho First Part and.. . ". JT."..S
... ..............,......'. .........,. .. . rnrty of tho Second Part.
WITNESSETH:
Tho Party of tho First Part. In consideration of the covenants and agree
ments hereinafter contained, to bo kept and performed by the Party of tho
Second Part, has bargained and sold and does by these presents bargain, sell
and convey unto tho said Party of tho Second Part n perpetual right to partici
pate in tho use of the waters flowing through its Irrigation systom to irrlgato
. . . acres out of tho tract of land described below to
tho extent of but not to exceed one and one-half aero feet per acre for each
annual Irrigation season and docs hereby covenant and agreo as follews:
(1). That it has acquired from the State of Oregon by enlargement Permit
No. IS, Permit No. 407 and Itcscrrolr Permit No. GO, the waters of Four Mile
Lake In Klamath County, Oregon; of Fish Lake In Jackson County, Oregon,
with catchment canal connecting said lakes, and the waters of Llttlo Uutto
Creek, to a sufficient amount to Irrigate 55,100 ncrcs to a depth of on and
one-half, feet during each annual Irrigation season and that It will construct
and maintain a sjatem of reservoirs, canals, conduits, laterals and surface supply
pipes sufficient to conduct and will conduuet, to the lands hereinafter described,
water for Irrigation thereof to (ho amouunt of and not to exceed ona and one
half acre feet per acre for each annual Irrigation season, measured at the Intake
of each diversion from the Main Canal or Laterals.
(2.) That all canals and laterals will bo constructed or such capacity that
water can be delivered either In continuous flow or in rotation as will best
servo tho diversified Interests of all users.
That such water will bo delivered at such point within each legal subdivis
ion of forty acres embraced within or within which is embraced the land hero
after described ns Is most practicable and then 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 rcqulro a greater amount of water than the First Party
can supply to ita users, per aero as herein specified.
In consideration of the premises, said Second Party doeshereby accept tho
conveyance of said Water nights to the extent of
acres as aforesaid nnd docs hereby agree as follews:
(1.) That be will pay for said Water Hlghl at tho rate or fifty (150.00)
Dollars for each and evory aero thereof, (The samo being tho present uniform
charge per ncre for a perpetual right to participate in the use or said water)
In the manner following, to-wlt: '
Tho sum or ($ ) Dollars
at the time First Party shall, under the terms or this contract, bo ready and
ablo to actually furnish and deliver Its water upon the premises horcln described
for irrigation In tho manner and quantity herein provided.
The sum of
The sum of
Tha sum of
Tho sum of
Tho sum of
Tho Bum or I
Tho sum or f
principal and f . ......... Interest ono year from said date.
.principal and I.. Interest two years from said date.
principal and
principal and
. principal and
, principal and
principal and
Tho sum f pfjnclpal nud $...
Tho sum of f.
principal and f
. . Interest three years from said date.
I .. . . Interest four years from "said date.
Interest five years from sold date.
I interest six years from said date.
J Interest ipven years from said date.
.Interest eight years from said dato.
.interest nine years from said date.
All deferrod payments to hear interest at tho date of six per cont per an
num, tho Interest to begin when the initial payment becomes payable as afore
Bald. Any or all payments may be made before duo and Interest abated accord
ingly. (2.) That thoy Will pay lo tho Party of tho T'lrst Part tho sum of $2.50
per aero per unuum on or beforo tho 15th day of October of each and every year
as an auuuul mulnteuauco churgo for thu delivery of mild water.
(3.) Alt of said sums due and payable under this contract to ho paid ni
tho offlco of tho Company In Mcdford. Oregon, and If not paid wlien duo tho
same to draw Interest at tho rate of six per cent per annum pnyablo semi
annually, (L) That to secure tho payment of all sums agreed to bo paid by Secund
Party to tho First Party herounder and tho interest thereon, tho Second Party
hereby gives and grants to tho First Party a Hen upon ull of tho und herein
described.
(5.) Tho Second Party does further hereby glvo and grant to said First
1'nrty tho necessury rights of way over and through tho lands hereinafter do
Bcrlbed and tho right of entry thereon, for the pUrposd of constructing, main
taining, ropalilug or enlarging Its canalu, laterals and plpo lines, '
(C) That tho First Party may from timo to time mnko reasonable rules
nnd regulations a.i it may deem necessury for tho proper control und distribution
of Its waters, but shall not decrease tho total quantity or wuter to bo delivered
or increase too cuarges under tnls contract.
(7.) Thnt ho, will use economy and-good husbandry at nil times In tho
use of said water nud that ho will not allow any of suld water to run to waste
and thnt any and all water In excess of thnt actually needed by tho Second Party
shall ho permitted to remnlu In tho canals and laterals or tho First Party aud
First Party shall have the right, at Its option, to reclaim alt waste water passing
from tho lauds herein described and to subject the same to Its control.
(8.) That In caso of cntitlngcncj riming damage to Second Party by
water from tho distribution sjstem or soiirt'o of suppl), of First Party. Immediate
notice thereof Bhall bo git en to First Party as soon an the same shall cotno to
tho knowledge of Second Party and no action or cut-off or counter claim ahull
bo maintained by Second Party for damnges which said First Party could havo
prevented If duo notlco hnd been given Such notice shall ho given by telephone,
mall or other usual channel or conusance.
(9.) That he Is tho ownor or tho .........
title to tho property hereinafter described.
In consideration or tho Mutual covenants nnd agreements herein contained,
tho parties hereto do mutually agreo us fullews:
(1.) That tho First Party shall be responsible to Second Party for actual
damagos committed to crops or Improvements in tho Installing, enlarging or
ropalrlng or any part of tho distribution sjstem or First Party crossing any part
or tho lands hcrolnnfter described
(2.) Tho Irrigation season during which water In agreed to bo furnished
hereunder Is fixed to begin not Inter than April 1st of each )-ar and shall not
close prior to October 15th of each jcar
(3.) That tho First Party shall not ho responsible In any mnuner for a
deficiency or water caused by scarcity or natural water supplvi damage by flood
or freezing, hostile diversion or obstruurtlon, forcible entry, riot, legal restraint
or act of God, or in any caso not controlled or attributed to tho negllgaiico of
First Party and If for any reason there should ocourr, at any time, a shortago
In tho water supply, then tho amount or water that Is available shall bo distrib
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 charge for suld years
shall bo roducod In like proportion-
(-1.) Tho Second Party may determine for hlmsolf (subject tn tho terms
and conditions hereof, and said rules and regulations or First Party) tho quan
tity or water (within tho total umoiiat to which ho Is entitled) which ho will
iibo at any ouo period In or during the irrigation season, except that Second
Party shall not bo allowed at any ono tlmo to uso moro than ouo-thlrd of said
total amount, nor shall such ono-thlrd qunhtlfj tie used In any Irrigation season
moro frequently than at the expiration of a thirty day Interval.
(6.) All wuter contracted for herein shall hucomo und bo appurtenant to
tho land hereafter described and shall bo used for Irrigation nud domestic
purposes only and shall bo measured at tho point of diversion from the canal
or lateral. ,
(C ) The land and premises affected by this contract uro situated, lying
and being in Jackson County, State of Oregon, aud uro moro particularly dc.
scribed as follows, to-wlt.
together with ull and singular, tho tenements, horodltnmouts and appurtenances
thereunto belonging or nppertnlnlg, containing. . acres.
It Is mutually agreed between the parties that In caso tho number of ncre.i
or water rights contracted for horeunder Is less than tho ncruagu of land nbovo
dc&cflbedi then und in that event tho Second Party will, an toon us tho First.
Party has constructed Its Main Canal nud Laterals for thn Irrigation of said
lands, oxecuto aud deliver to Second Party a written declaration particularly
describing thut portion of tho above described promises upon which ho desires
water rights contracted hereunder lo applj, which promises must ho under the
canals of tho First Party. Such declaration shall bo executed aud acknowledged
In the same form us deeds or other conveyances and shall ho delivered to First
Party within ten days after doing uollfiod thut tho canals and Intornls havo
lie-on constructed aa aforesaid Such declaration shall ho recorded In tho Deed
llecords of Jutkson County, Oregon und w'hen ho recorded this contnut nlull
then apply only us to tho land ck-Kcrlltf 1 in said declaration,
(7.) Whon tho First Partj shall huvo issued Its contracts to supply water
to Irrigate all tho lands under Us canals am laterals or en much thereof as Its
Hlipply or water Is adequate to permanently Irrigate In tho miuuur horlu pro
vided and shall huvo received pajmout for .'10,000 acton thereof or Its equlvulont
then said First Party covoiuntH nnd agrees thut It will, on oematid, convoy to
any corporation, selected and designated by n majority of tho owners owning
land so irrigated, tho title to mid Irrigation system Including' thu water rights,
reservoirs, i-annls and nil other holdings of tho First Party nnccssary In (ho
storing and delivering of said water to tho lands to bo Irrigated hut not tho
unpaid amounts to become due op the outstanding contract and thereafter title
thereto shall ho estcd In said corporation aud Htilijebt to Its management aud
control. Provided, however, that all tho owners of lumla mi irrigated frolu suld
system, shall bo ghe'n equal right to tho momburshlp und privileges or such
corporation in proportion to thu ucragi or land ho Irrigated and owned by thorn
and provided that any such torporatlon may, at uny tlmo, buromo entitled to
bald conveyance by purchasing from tlio Fist Purty tho rehmlndur or Its unsold
water ut tho prlco per ucro herein named und in tho ovont of such ronvoyunco
to such corporation, ull thn obligations of Second Party to mako tho puymoiitu
or 2.50 per aero per annum as n mulnteuauto charge, shall Immediately cousu
nud terminate.
This contract shall bo blading upon tho oxacutnrs, ndmlulstrnlors, Iiolrn,
uBsigns unu successors or tno parties executing- it,
aud injury to jour proporty. , ,
Q. is it uudorstood tho right of way U donated to tltO fWHipnjT"
A. Yes. Yotl gt tho benefit of all rights of why IiIuivh )fni, hiuI oti
reciprocate by helping tho man out htlow jou.
Q. How wide Is that right of way?
A. it varlori in different oas. It Is always possible for jou before going
into this thing for jou to find out. It Is a thing for oach html ownr lo no Into
nud learn before signing up.
(. Is tho survey permanently located?
A. There Is u survey mado undoubtedly mibjert to t'limiKiw. but In osch
rase jou can make jour unuugomuuu with tho eoiiipmiy with rospiwt to Uinno
matters. You can look Into tho matter and got information hum tho company
Q. Supposing find after two or three or fotlr )urN thnt I onit't tin more
than 3 Inches or water. -luno 1 got lo pay for the 18 IlieliosTT
A. Yes, sir.
t). I find tho water hinders my ground?
A. Then you don't lake It Her Is tho ptoH)sl(tu wllh roferaiu-' to that
mutter: Tho total amount or laud under the i-auals figured at f&n nu mm
will equal, If all or It were In Use, practically tU.iHiu acre If jou did um
hut three Inches, and morylMidj olfo In proportion, there would on I) be one
fourth enough to pay tor tho system. Wo nrw hoIok to Uo you In Inches
Somotlmei crops lequlie full) is Inches- olfnlfa for instance. You am getting
Irrigation for ouo ncto of laud or wlmtevsr you usoil Whon we liinw wild
15.000 nme then wo will turn It or lo jou, wholtttr wo ttnvo rtwotvoil pn
for any of It or not.
Q. How many acres will jou hue to havo signed up?
A. Thirty thousand acrw. An I ha sld bsfore, ih cost of this system
Is $1,500,000 Thirty Ihouiaud in re ut HO an aero wHld make Just
11,500,000.
(J. When do wo havo to wy?
A. Pay anj tlmo jou want lo, on or lirtforo. Thn tupendlturo of
11,500.000 will bo tnude In eonstruetlur. thu to stem iMurdluic tit ohins nnd
.. ........... . . .-. - . ....... . -. . .
specifications wnicu win no npproNeit tiy ttio water lifers' coinnmts
-mil ho iim water from th canal for
which will
no ox plained tutor.
Q. A muu has a lot of stork
wntorlug purposes?
A. Yes It Is for ilomcje und Irrigation purport, which Include the
watering of all stock a man has
Q. How do jou measure tho water for stork?
A. You muusum at the Intake, if jou havo an aero under Irrigation
you would bo entitled lo enough water to cot or the land at IX Inches What
jou uso this for does not concern us.
WATER ESCROW AGREEMENT
Thn Contract hereto attached Is hereby placeil in escrow In tho Medford
National Hank of Mcdford. Oregon, to bo hold by said lUul. subject in the tol
lowlug roudllluns.
If within IS mouths from January 1st, 1913, thor shall hn (wen pli.e.l
In said Hank a sufficient iiumlief of contracts of similar tonor to Ihl rmirni.
to Justify the Party or tho First Part to said contracts. In building and com
pleting Its entire sjstom adequate to Irrigate IS. 100 acr of land in tho Itoguo
Itlver Valley and said First Party shall within said tlmo Notify said Medford
National llstik thereof, said Hnuk shall eonte to bo mtllml through the Pulled
States Mall to tho Second Parly hereto and lo each of the Kerond Parties lo
each and every other contract, so placed In oscrow In said Hank, a net Ire fixing
tho tlmo und (date of mooting of the Swcond PurtloM tn sold eoutrseti mldriMt
to each sold Second Parties nt his Punt Offlco uddrc as tlntod lu Mid Con
tractu respectively or If no nddress be stntwd in said runtrnrtN thou at Medfoni.
Oregon. Said notice shall bo given not Imw (ban tun da hofor said meeting
and suld iHostlng hIikII be held In some convenient place In the t'lir of Mtfor.l .
At said mrotliiK n committee of (he shall ho chosen front amutiK tho said
Second Parties ICnrh of tho Second Parties ut said mtluK.hll he entlilnl
to a number of ote equal to tho number of nrros of laud for whteh ho has
contracted to purchase water as afonmnld. Surti eiimiHlttm shall bo chosen by
n majority or tho arrcaice represent) at said meeting nud uIhi by a mnjorllj In
number of thos present.
It shall ho the duty und function or said rommltteo:
l"!ltHT:--To exnmliie Into tho ronpouslhllltj Mini financial condition of the
First Party and to determine whether or not tho First Parly is ready and able
and has In hands or available the necessary funds to actually construct the entire
ry((jm nnd to carry nut und perform nil tho terms of suld contract.
SliCONI): To examine tho pinna and specifications aud detnlls of Its pro.
posed Irrigation system aud tn determine whether or not tho sumo sro adequate
and sufficient to furnish nud supply water to 55. 1 Oil arret of land under Its
canals and ditches lu tho manner provided bv said contracts.
Tillltl)- To ma Ice such Investigation as thoy may dsoin necessary ami In
determine whether or not tho First Partj has available a sufficient supply of
water to Irrigate all of tho Innds to bo Irrigated under all or tho contract so lu
escrow lu said hank.
It Is uudorstood and agreed that said committee shall he afforded, by the
Party of tho First Part, alt Information nud facilities of every characler lu Ha
possession thnt It may require In making said Investigation and determination;
that ir it deem It necessary it may cull to Its asslstanc-o nil) export lu Water
Supply or Irrigation and that tho First Party wilt pay Hie leuMinable charge ot
said expert. It not holug tho Intention, however, that tho time liorossnry to
mako mcasiiromeulH or tho run off of t reams, extent of water shed, Wri of
rosurvolr IiiisIiih, or other physical factors connected with said systom shall ho
taken, hut that reports as to such mattom furnished by the V H Hydrogrnphlc
Survey, tho Water Hoard or tho State or Oregon or olhor equally reliable
sourroH shall ho taken ns tho basis of such Investigation nud thut not moro than
40 clays days shall bo consumed In making tho same
Upon concluding its Investigation and determination, thn mild committee
shall make a written report to said Hank, a report signed by four uiumbcirs
ot tho committee, to be doomed a report or tho committee, and If said report
shall state thut said committee Is of thn opinion after such Investigation, (hut
First Party fa ready, ablo aud has on hand or available, sufficient funds to
construct said sjstom und that tho plans und speclflcatlotiH of said system uro
sufficient nud suitable) to provide a permanent und adequate system of Irrigation
for 55,100 acres or laud under lis ditches und cuiiiIIm nud that xnlil First party
owns or has available a uupply ot water adequate to Irrlgato nil of the lands
covered by all tho contracts In escrow lu said Hanlt lu the manner provided by
said contracts, then said Hank shall upon receiving said repent deliver all of said
contracts to First Party. Hut If said Committee) or two or moro memhors
thereof shall slate In nnld report thut from Investigation thoy uro not satisfied
as to all tho aforesaid mutters, then upon receipt of said report wild Hank shall
return ouch of suld contracts to tho Second Party iiuniud lhorln, who executed
the sumo aud tho samo shall bo considered cancelled unci surrondorod'tiiid In all
respects null unci void.
it Is further understood that If sntd Hank shall not receive report from thn
committee or uuld Hoccuid Purty for a period of no cluya utter said meeting above
provided, raid Hank shall upon demand deliver all of tho aald coulriuis to tho
First Party,
lu case a Htiffklont number of contractu uro not sciourud us aforesaid, then
thin contract shall bo returned to Second Purty and tho samo shall ho null nud
void.
IN WITNESS WHI3UHOF, Till! FlltST PAUW bus hciounto unused Hh
iiuiiio nud corporate soul to bo affixed and SECOND PAItTY has hniatiuto Set
his hand and Heal this day of ltd .
ltOIHJE ItlVEU CANAL CU
Hy , Vlco PlUHllluilt
Hy
WITNESS: ' , (Heal)
" t ... (Hon!)
(Heal)
Post Offlco AddiokK of K'koiiiI Pnity
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