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About Herald and news. (Klamath Falls, Or.) 1942-current | View Entire Issue (April 21, 1954)
WEDNESDAY. APWL 21, 105 PAGE TEN HERALPAND NEWS. KLAMATH FAIXS. OREGON Klamath Kiver Commission Seeks Jasin Water Problem Solution Tl 1 1 1 1 1 1 1 1141 1 'l 1:1 1 l-j-l I h 1 r I l -i i 111 M R55feBBfa , j j i - . , ; ; ; 1 " ' : "" I-! : - " " - ; I r ; ; a. W . J : --- - - : . t- i ; " : 5 (i ' .. .. ; 4; 8- - Ezzzntzztzzzzizzzizzzizzzzzzzzztzzzzzz z b. . ..' J . - : - -- - - -- " ' ' " '"' I I .1 ' .L....:'i. Z j-lf'ji ; ,: - - -t - ; 1 Biwra A4 iiL'M THE SHADED PORTION OF THIS GRAPH ihewt the flow of he Klamath River at Keno for the period of record, 1905 to By LEWIS A. STANLEY His possibility of a diversion of water from tlie Upper Klamath Basin to the Central Valley of Cali fornia, perhaps via Pitt River, over violent objections of the people of Klamath County, was one of the principal reasons for the 1953 Act of the Oregon Legislative Assem bly, setting up the Oregon Klam- . ath River .Commission and pre scribing its duties, The Commis- slon, appointed by Governor Pat terson consists of Nelson Reed of Klamath Falls, chairman; James i Kerns Jr., Klamath Falls, vice chairman; George Btevenson, Olene; Harry Pearson, Fort Klam ath and Ralph Koozer, Ashland. It has the duties of making a study of the present and future needs and uses of water from the Klam ath River and Its tributaries and ' negotiating with the State of Cali fornia a compact to govern the division of the waters between the two states. The 1953 California Legislature set up a similar commission with similar duties but at this writing its members have not yet been appointed. , In addition to Uio suggestion of ; a possible diversion of Klnmath River waters outside the Klamath Basin, there are other matters of Interstate interest. The nature and extent of existing water rights for power and irrigation in both states are somewhat uncertain. There is a disagreement of long standing between the State of Oregon and the Bureau of Reclamation over the scope of the letter's water rights for the Klamath Project which includes lands in both states. There is a serious decision in which the people of the Klamath Basin are intensely interested, how con fronting Oregon authorities: Wheth er or not the California Orecon Power Company shall be' granted a license for a new hydro-electric project on the Klamath River in Oregon. This question is closely related to the proposal of (he Bu reau or Reclamation to irrigate a part of Butte Valley In Northern uanrorrua with water from the Klamath diverted In Oregon and to combine this witn a hydro electric development in California which would destroy potential pow er sites along tne river in Oregon. It is this latter subject that I wish to discuss because It holds a great deal of Interest and a de cision mut be reached in the near future, As a background, we need to go back In history to 1906. In that year Oregon passed a law under which filings could be made by tne Reclamation Service on waters Mils. It's LADIES' WEEK at the SPRAY CENTER Swing 'em out of your hair! Keep 'em eft the streets and keep The kids happy. (Portland n t 1 e r. $27.95), Sproy Center price, basic set, $26.50. (Let Pop set It up the kids can help him). . It has now been learned that the turn of the cen tury was made by a woman driver. See these specials, this week only: FEED 'EM SPECIAL Plant foods, FTE, etc. DE-BUG 'EM SPECIAL Insocticldes, fungicides. PRUNE 'EM SPECIAL Shears, trowel. WATER 'EM SPECIAL High quality hose. Buy ALL your summer gardening needs now, RnpMsllontlon Is a Woman's anility fo read between a man's lines, . ft'S' A , .X e Trees end shrubs that vrlnter In our nurseries are sure to grew in the summer , , Visit eur nursery during this special Ladies' Week. Come on down to the Sproy Center , , . visit the Paint Pot , , , take the "nose test" on DuPont't odorless points. " In the matrimonial race, a girl unually Is on her last lap when she gcLi eniaged. Place. --Jl-,-'.'iJ The Spray Center ip, Telepf one Tulelolce 7-2391 ciimh 11- Coma 'Pl tinA see US- Estt-West Road and Main Tuleloke. Calif. Arrleali.nl 195? in thousands of acre feet for each month- The staggered I feet per month. The horizontal line, marked "1350 C.F.S." line shows for each year the annual flows expressed as acre I shows the quantity required to supply. Copco with . 1 250 ment which runs for 50 years, or until 1967, provides that Copco may regulate the water surface ot tne lake between elevations 4137.0 and 4143.3, thereby Impounding and re leasing as needed 480,000 acre-feet of water. It restricts Copco's pri vilege, however, in that the gov ernment may take over control and operation of the dam at any time when the water level in the lake drops to within two-tenths foot of the prescribed low water elevatfon. It recognizes the prior right of Copco to 205 second-feet of water for the west side plant on Link River and a superior right of the Bureau to all water in excess of that 205 second-feet required for irrigation on the Klamath Project as described In the 1905 filings with the state. It provides that Copco shall pay all costs of con struction of the dam and levees and damages to property around the lake. It provides that Copco should furnish power for irriuatlon and drainage pumping "on the pro ject witnin a radius of 35 miles of Merrill at attractively low rates, thus furnishing necessary power to the project at a cost probably low er than it could be provided by ft federally owned plant. In 1951 the average rate for such power was 5.67 mills per kilowatt-hour. The State of Oregon violently ob jected to this contract. So also did the Klamath Irrigation District. They went to Congress and tried to gpt a bill passed authorizing the state to sue the United States to set aside and nullify the con tract. Bills were presented In Congress in 1926 and in April of that year a Joint hearing was held oy me committees on Irrigation and Reclamation of the Senate and the House. The position of the state was that in granting to the Bu reau of Reclamation the right to waters for the Klamath Project and the privilege of storing water In the lake, It did not give the govern ment a right to barter away these rights. In a written presentation at required for reclamation projects. In the same year we passed a law giving the Reclamation Service a light to raise and lower the sur face of Upper Klamath Lake and ceding to the United States any lands forming the bed of the lake reclaimed as a result of such oper ations. The Bureau made a filing under the law and stated therein its Intention to utilize all of the waters of Klamath River and tri butaries, naming these tributaries such as the Williamson. Sprague and Lost Rivers and many small er streams. It has been and still Is the position of the Bureau that by virtue ot such filing it acquired title to all these waters and no subsequent appropriations thereof should be permitted by the State of Oregon. ' In 1830 the Attorney General of Oreon rendered an opinion in which he upheld the Bureau's po sition, and directed the State En gineer against granting additional water rights in conflict with the Bureau's claim. However, in 1950, following some pertinent decisions in the United States ' Supreme Court, (Nebraska v. Wyoming, 295 US 40 and Ickes v. Fox, 300 US 82), the Attorney General rendered a wholly different opinion, holding that the rights of the Bureau are limited to the waters actually bene ficially used on the project de scribed in the 1905 filing with the Oregon State Engineer. The exact scope of the original Bureau pro ject was not defined In the filing but it is generally understood to Include the lands now served by the project plus some fringe areas that can be served water from the existing system, some 200,000 to 250.000 acres. Early In the history of the Klam ath Project development It became evident that the natural flow from Upper Klamath Lake would not be sufficient to provide for the ac knowledged prior right of the Cali fornia Oregon Power Company for 205 second-leet of water for Its small plant on the west side of Link River and for irrigation of the project lands, without some storage in the lake. About this time Copco was Interested In develop ment of some power sites on the Klamath In California, at what is now known as Copco, just south of the state line, and seasonal stor age was necessary to make this development feasible. In 1917 the United States and Copco entered into an agreement whereby Copco acting for and on behalf of the United States would build a dam on Link River at the outlet of the lake and upon com pletion would deed the dam and the land on which it Is situated to the United States. The agree- FOR SALE . or will trade for feed ers or livestock. Registered Hereford Bulls. Some Don ald Domino breeding and some polls. Also two fine Angus Dulls. DREW'S HEREFORD RANCH I Old Midland Road Ph. 3924 Paint Up! Clean Up! ii DO-IT YOURSELF" STEP LADDER SALE 4' Step Ladder - Reg. 4.40 5' Step Ladder - Reg. 5.50 6' Step Ladder - Reg. 6.60 8' Step Ladder - Reg. 8.80 NOW 4.09 NOW 5.09 NOW 6.19 NOW 8.29 BASIN BLDG. MATERIALS YOUR DUTCH BOY PAINT DEALER K. Falls Yard 4784 So. 6th Ph. 2-2563 Malin Yard Phone. 107 cubic feet per second and allow for 100 cubic feet per sec ond for fish life.' the hearing the Attorney General of Oregon stated, "The effect of the agreement between the Secr tary of the Interior and the said company, if sustained, is to confer upon the latter rights which were not available to it or to apy other corporation directly and which had been expressly withdrawn by the legislature of the state. Such a plain evasion of tlie law and attempt to create a monopoly and deprive the state of its regulatory control over power companies and the revenue to be derived from them must not be permitted to stand." The Joint Committee, In Its wis dom, refused to renort the bill out favorably and it never reached the floors of the House and Senate, In other words, these representa tives of the people decided the con tract was. a good thing for the peo ple of the Klamath Basin and re fused to allow the matter to be tried in the courts to determine whether the rights and powers of Iho state had been Infringed upon. ' The same problem is now before) us again. The Federal Power Com (Continued on page 11) rf .iiif-iijijiij -&'fttCH?&I)l Mitchell all-aluminuM sprinkler irrigation ii fh scientific, modern way to have ot much or a IfHI water as needed for growing healthy crops. May be installed I without the need of ground leveling. Adaptable to oil land contours. Ideal for al ! crops and soils. 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