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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Feb. 11, 1960)
Summary Given on State Water Rights Legislation Edilor'i Note: This is the first of series of articles lo b run en the farm page on irrigation. Today's story results from adoption of ma terial from a booklet pub lished for Nevada vocation al agriculture students. Oth er information was obtained from D. C. Hendrix. coun ty watermaster. Nevada wa ter rights law is very simi lar to Oregon's. By JOE COWLEY Mail Tribune Farm Editor One of the big problems in irrigation is to decide who actually has water rights. Prior to the 1909 Oregon Water Code people could ac quire water rights same as people acquired land through the Homestead Act merely by squatting on it and using it. Since 1909, however, people must file any water rights with the state engineer. Be fore 1909 people merely had to show proof by construction of ditches, etc. When the courts acted on this problem, water users had to establish priority of right by showing the amount of ground irrigated and water used. This could be done through witnesses or by show ing legal documents for proof. Now, those wanting to ap propriate water must make application to the state engi neer for a permit to appropri ate public waters for their use. This must be done by apply ing for a definite amount of water on standardized forms. Holder of an approved appli cation must make certain re ports. After completing proof j of beneficial use he is en titled to a certificate from the state engineer showing evi dence of his appropriation. Belongs To Public Oregon law provides that the water supply within the boundaries of the state wheth er above or beneath the sur face of the ground belongs to the public and is subject to appropriation for beneficial use. This applies to spring water, also. The law provides further that all water used in the state for beneficial purposes shall remain "appurtenant" to the place of use. If the water is changed to another place, certain definite conditions must be followed. Appurte nant means a right, privilege or improvement belonging to and passing with the prop erty. j Another stepping stone in establishing more definite wa ter rights, particularly in this area, was the Rogue River de cree which became final in 1919. A number of water rights were not completed when the court made its first adjudication or ruling so a grace period or time for mak ing supplementary findings was allowed. This gave peo ple more time in which to complete irrigation projects then under construction. The supplemental findings are still not final. Now, the state engineer must make findings in fact, but the court must confirm his findings. Further Complication As a further complication, the state water resources board authorized by the last legislature makes policies for the state engineer to follow. The board does not allow any new permits on Bear creek or its tributaries ' because the stream flow water there is al ready over-appropriated. Esti mated average per acre yield is 100 cubic feet per second. Permits already issued total more than 400 cubic feet per second. All surface water in the state is regulated according to priority. For instance, the wa termaster might have to shut off 20 water users to allow one user his prior right to draw surface water from a certain stream. However, if these rights are not used in five or six years they can be lost through abandonment. All water must be used bene ficially and not wasted or it can be taken from the water user. '. A The oldest water right in the county belongs to the Ed gar B. Barron property on Hill creek above Emigrant reser voir. First water priorities in the county were established in 1852 for Neil creek, above Ashland and Wagner creek in the Talent area How do you divide water being diverted from the river? All people who have primary rights or senior appropria tions have first call at their headgates for a definite spefi fied amount of water. Any ad ditional water can be appro priated and used by junior ap propriators. Neither can claim to more than they can use beneficially. When the state engineer sets the duty water or the amount which a farmer can use beneficially he considers New Small Industry Possible With Sour Cherry Plantings losses due to seepage, storage and evaporation. In Oregon, as in some other states, the first person to get a definite appropriation of water must be served that amount first before others can claim any water. , . " . . - Waste Water Points Here are some main points of law regarding waste water: The farmer owning the water must control it and not permit Jackson county may have a new small industry involving sour cherries if tentative plans are completed, it was reported today. Some fruit industry people are interested in developing the new sideline. Jackson county housewives probably have noticed the cans with bright labels and the 'name "Del Rogue red tari pitted cherries," on their grocer's shelves. The processor, Bagley Canning company in Ashland, has indicated it will continue i to can these sour cherries next season hoping more orchard ists will start planting these trees. Fred C. Roberts, of Bagley Cannery, estimates his firm could handle from 100 to 200 tons in supplying present mar kets. Last season the cannery These cherries could be fro zen, too, Roberts added It's a cinch nobody is going to get rich growing sour cher ries, but it will make a nice sideline for orchardists and could start a good small in dustry in the Rogue Valley," those backing the program say. Everything Favorable Everything seems favorable towards producing sour cher ries, those promoting the idea point out. Most favorable point is the trees are ready for picking about mid-July when plenty of local help is available in the Rogue valley. The trees can be picked through to August or over a longer period than most fruit trees. This is the only horti- processed about 10 tons, is on dry land, agricultural authorities point out. The trees will produce some fruit after three years and in five years will produce a commer cial crop. Overall, the trees require less care than other fruit trees. Eugene and Salem areas have much larger plantings of sour cherry trees but have been having some trouble with virus disease killing trees. The Rogue valley can raise a virus free strain of tree now available in local nurseries. It has been recommended that the trees be planted in large enough blocks so they can be efficiently sprayed. Such trees make good inter plantings in pear and peach cultural crop that shows prom-1 orchards, it was pointed out. Midget Prices TOM THUMB Thursday, Friday, Saturday Table Rock Road at 4 Corners OPEN 8 a.m. -7 p.m. EVERY DAY We reserve the right to limit WE GIVE S&H GREEN STAMPS Sf CCCf BOCOfl Swift's Sweet Rasher. SpQtGribS L'flht, lea", Meoty 300ff1Q Nebergall's Jumbo Sliced PfyOf S Fresh.. Oregon Grown Lard Nebergall'i 100 Pure lb 29 33 .b 39 lb 39 4 ib. Pk,. 49 WE GIVE S&H GREEN STAMPS POtdtOGS U.S. No. 2 Klamath SO H. bag J49 GrQpefrUlt Snoboy Indian River, Pink JO far 99 Oranges sunimt sweet juuy JO its. 99 Red Radishes Gr. Onions 3 14 LettUCe Fancy, Crisp, Green Each JO WE GIVE S&H GREEN STAMPS PeacheS Bagley's Freestone No. 2Vi Con Coffee Folger's Instant-Jumbo QheeSe Genuine Tillamook iCe Cream Jorgensen's Finest Quality. for roo JO ox iarJ45 2 lb. loaf J" Gd 69 WE GIVE S&H GREEN STAMPS Conditions Set For Shipping Oregon Cattle Salem-Pending removal of the California q u era n tine against Oregon cattle because of discovery of scabies in one herd in Baker county, cattle from this state may enter if three conditions are met. Dr. A. G. Beagle, in charge of federal veterinarians in Oregon, and the state depart ment of agriculture, make this announcement to guide cattlemen for the duration of the quarantine. . The three requirements, each of which must be ful filled: 1. A veterinarian's inspec tion and health certification showing freedom from evi dence of scabies. (Scabies is commonly known as mange and is caused by a mite.) 2. Treatment for scabies by an approved method, either through a spray chute or dip ping in a vat. 3. A permit from the Cali fornia department of agricul ture prior to entry. - The dipping agent general ly used is lindane. Cattle should not be slaughtered for 60 days after dipping, Dr. Beagle points out, because the animals absorb some of the lindane. - The California ban went into effect Feb. 2. Baker county was quaran tined by the state department of agriculture as soon as the scabies condition was diag nosed and 22 exposed herds have been quarantined for dipping. Dr. Beagle confirmed his directions when contacted by the Mail Tribune Wednesday noon. He said he had heard from California state offi cals Wednesday morning. "I have received only one notice from California and there has been no official notification of any changes in the quarantine regulations set by California," Beagle said. Telephone conversa t i o n with California officials Wed nesday morning indicate there might be some changes re garding slaughter cattle, but the Oregon state department of agriculture in Salem will be informed of any new con clusions, Beagle stated. Possible changes might be that slaughter animals ship ped into California from Ore gon could be sprayed with lime and sulphur and could be slaughtered immediately. Otherwise, animals sprayed with Lindane cannot be slaughtered for 60 days, ac cording to regulations. The resulting toxicity from the spray will not cause cancer, however, Beagle said. Contact Your Veterinarian Ranchers should contact their veterinarians as to the ' right solution of spray mate rial to use. However, the an imals should be dipped in a vat or put through a pres sure spray chute which has multiple nozzles so the ani mal will be wet down from all directions. Beagle recommended use of 25 per cent wettable Lindane powder, for the first spray, applied at the rate of 2V4 pounds per 100 gallons of water. If . the water is to be used again the solution will be weakened since more of the powder is carried out than water. For reused water 23A pounds of Lindane should be applied per 100 . gallons. Scabies is a mite not vis ible to naked eye. There are different varieties, local vet erinarians said. It is difficult to get rid of once cattle con tact them. Oregon is almost rid of them, one veterinarian said. Animals lose a lot ol hair and get a lot of itching. Cattle with the mite look half-starved. ' At least 75 per cent of the feeders go to California, live stock authorities estimated. Many cattle 5 also go to the Klamath basin feed lots. Southern Oregon Livestock yard in Phoenix will not be affected much by the Cali fornia cattle embargo, offi cials there reported. Most of the cattle going from there to California are slaughter animals. Midway Livestock Auction yard installed a de lousing . chute as recommend ed by Beagle since more of the feeders : from there go over the state line. Both yards plan to hold sales asvsched-uled-Midway on Friday and Southern Oregon on Saturday. damage to the farmer below. Once the water leaves the farm that farmer has no fur ther control over its use. The user of waste water cannot demand a definite amount or request it at a definite time: ! - Finally, the state engineer, located in Salem, has juris diction over acquirement of water rights. All applications, depisions and investigations on any water right, including natural flow, underground or spring comes through his of fice. Application forms, data, bulletins and information on water can be obtained in his office. I Ground water regulation for all water under the ground comes under different regu lations. The first ground wa ter code in Oregon was es tablished in 1927 for east of the Cascade mountains. This became effective for west of the Cascades on Aug. 3, 1955. Under this ground water regulation, a permit must be filed with the state engineer or county watermaster. For domestic water such as used in a house or for stock, the first 15,000 gallons used in a day are exempt. Non-commercial crop irrigation is exempt if it does not exceed a half acre. Water under mining or industrial rights is exempt up to the first 5,000 gallons. The average American farm worker has nearly tripled his production in the past 30 years. In 1930, he produced enough for himself and nine others. Now, due to mechan ization, development of high er yielding, hardier crop va rieties and improved soil fer tility, he produces enough for himself and 25 others. Water is the cheapest live stock feed. Heifer dairy calves saved for herd replacements should be housed in pens opening to an outside exercise lot dur ing the winter. Exercise lots should be well drained or paved. There is no known cure for brucellosis and few animals ever recover from it. LEGAL NOTICES NOTICE TO CREDITORS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR JACK SON COUNTY. PROBATE DEPARTMENT In the Matter of the Estate of Lena M. Greene, deceased NOTICE IS HEREBY GIVEN that I have been appointed Ad ministrator of the above estate by an order made therein on Febru ary 5, 1960: all creditors having claims against said deceased are hereby notified to present the same, duly verified, and with pro per vouchers attached, to me at the office of Roberts. Kcllington & Branchfield. 201-5 U.S. National Bank Bldg.. Medford. Oregon, within six months from the date of this notice. Dated at Medford. Oregon, this 11th day of February. 1900. Charles R. Green Administrator MAIL TRIBUNE, Medford, Or. 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