.
DAILY CAPITAL JOURNAL. SALEM, OREGON, WEDNESDAY, DECEMDEn 25, 1007.
, bring into the state within tho near ' present titno the amount of wntor
futuro 17,000 people, this is not a uiunuu m u iow ui uui wuiiorianc
small tmr, and ir accompliahcd, will renins can bo demonstrated with
mean much to Oregon If theao sot- somo cortnlnty from records oxtond-
jnlors, through .tho Btnto's notion, nro ing over a number of yours, but how
induced lo purchase water rlguts mucn oi hub waior uns uireauy ueon
and on miking aottlemont And that appropriated .to beneficial ubg and
tho water supply is Insufficient or becomo a vested right cannot bo tui-
' - 'none nt all, tho stato will bo greatly swered from any public records. Tho
Pfepared for Tho Christmas Capl- acquiring definite title .to this water ,innmge(it for without sufflclont county records show claims to tho
tal Journal by John II. Lewis, is clearly set out in tho law and wa(er m,q settlers can not live upon! public waters undor our present law
OREGON'S WATER LAWS
AND IRRIGABLE LANDS
Stato Engineer.)
capital does not hesitate to Invest in mn(
For six years tho state land boarl
has culled tho attention of the legis
lature to certain defeots In tho Btato
law accepting tho Carey act and re
questing their correction. Tho gov
ernor, in his message to tho last leg
islature, called special attention to
in .tho great arid West, land with- for " utilization of this sur
out water sufficient for irrigation P1"5 water- Wyoming Is nearly all
purposes Ls of little value, except in ft"r thousand feet In oleva
a few valleyB on tho western slope of "on nnl has but few natural advan
tho Cascade mountains. Tho owner Ses. yet Its agricultural develop
of tho water practically owns tho ment compares favorably with that
land for miles on either side of the ' California, with its great natural
, .... ... . .! '
spring or river. The increasing use advantages, uul y,aQre auo enure thego dimeultles. Tho board mado
or Btreama in .developing wntor pow- burden of protecting water rights s jspccinc recommendations In their ro
er, and tho necessity of pure water Placed upon tho owner, and whoro Ixort( preparing a bill embodying tho
for domestic supply for cities and " encouragement is given tho in- cnange8 desired. Tho attorney gon
towns, greatly adds to tho value of V03tor' oral and tho stato engineer, In their
flowing streams. Tho office of state engineer is pe- respective reports, mado Blmllar rec-
Tho land orlglnlally belonged to cultnr to tho arid west. In those ommendatlons, and with nil, tho
tho federal government, which gave states having an administrative sys- great Importance of this matter to
it out to actual settlers, under a well tern for its public waters, tho stato'tho dovolopment of tho state, it
tinilnratnrwl nrlmlnlatmttvn avatoni engineer Is til O head Of Said SVStOlTl. 'wnitlil hn amiunaoil Hint innpli Hmrt
Tho stream so valuable In tho west, and In his office can bo found a com- would bo devoted by .tho legislature
wore considered of but llttlo lmpor-.Plete record of all rights to the use to tho romodylng of defects In the Btructlon.
Liver Pjlls
tho
which, If nddod together, would In
variably amount to many times th
nvallublo supply. Therefore, all definitely
4lnrt nlnlniN ntttf' list tntt.l tl.l I
At present no hiothod is provided for
definitely acquiring undisputed tltlo
to water In Oregon. Tho investor
must build his works and take
chances of defending his rights In tho
courts. If ho uses tho wator for ten
years without being seriously dis
turbed, ho can acquiro a prescrlp.
tlvo right, but must still resort to
tho court in case of an excessive new
diversion at a point higher up on
tho stroam. Tho state, Hko all pros
pective Investors, Including tho recla
mation sorvlco, must consider those
quostlons boforo commencing con-
itn-nco in tho east whon the govern- of wnter. Through water musters, iftW. Tho blU recommended by tho
miont's land policy was originated. 'one on each stream where necessnry, 'board was passed by tho senato, but
Tho wator also belonged to tho gov-this officer has control of tho di- indefinitely postponed In tho house,
without consideration. If wo look
for a reason for this action, wo find
Occasionally tho stato engineer's
offlco receives Inquiries from pros
pective purchasers of prosont con
structed works, inquiring as to tho
amount of wator
such ditches nroi::rnj::rv:"rv'. n? aclcr-itain t teII -:?
upon tho floor of tho house the sec-entitled to appropriate. Since no Tyot ,. nnnnimnnt f .'. ",.mf' ba Moot i5e,rei
lo record of vested rights to tho ,novllnbl0i CapItal invest V n pre"' ' atDf-8t0art
of water Is provided by law, such Lnt rnn-,.P1II,fnil ,,,. ' ,PIC.
rotarics of two companies which woro
llablo
uso
questions cannot bo answered, and
tho Balo Is mado nt a reduced price,
If at all.
tho engineer's office, focolvo numer
ous letters from prospective settlors,
asking for definite Information con
corning water rights being sold by
construction companion operating
undor tho Carey net. Even In thesw
casea, tho Btato olllcers havo ho dell
nlto title, such as a patont from
tho government for land, upon which
to bnso n roply. Rnthor thnn block
dovolopment, they, liko nny ordinary
Invostor, must loavo something for
tho courts to docldo, nnd tnko roa-
sonnblo chances on tho wntor supply
bolng sufflclont.
It Is gonorally admitted that tho
unappropriated water of tho non-
ornment and could havo been ad- versions from streams,
ministered and given out to settlors In j Stnto Engineer In Ouogon.
us orderly a manner as tho public) In Oregon, the office of stato en
lands. After tho valuo of water was gne0r was crated In 1905. A com
demonstrated by tho early pioneers j,jbt0 C0(j0 0f' water law following attempting to reclaim lands undor
'in California, tho federal govern- elosoly that of Idaho, and much slm-conrnct w'th tho stato whero tho
tnent, by. an not of 18(50, recognized jm. to jawa i,ion mvo sinco been Plans woro not fonslblo; also, con
the right of citizens to appropriate' atj0pted Vi North Dakoto, South Da- stantly presont In tho lobby through
ifhe water of streams to beneficial 0ja nntl Oklahoma, was presented iol,t tho session, was tho prosltlont of
-noes in accordance with tho customs, l0 'ti10 legislature for enactment. Pno ot thoio companies. Tho oxten
laws and decisions of tho courts In Tnia av waa defeated, with tho ox- 8,on oI 8tato Biiporvlslon over pro
tho various Btatos. 'ccptlon of a few provisions. Tho Jects that aro not fonslblo would nat-
For many years tno states in tuo cr0atIon of tho office of state engl- "ally not bo or financial bonollt to
arid west failed to realJzo the groat ncor wns ntrongly urged by tho BtatovJtho companies.
responsibility thus lmposod upon inmi i,on,.d. to assist In handling do- t will doubtlos surprise many
them by tho government In provld- tn lis In connection with tho reclama-jt0 nov' that no monoy hns boon ap
ing somo ordorly method of ostab- tjon of Jnn(jg iy tho stato undor tho P.roprintod by tho stato to facilitate
llshlng and protecting rights to tho provisions of tho Carey act. Tho this groat colonization Bchomo, and
uso of water. Tho streams woro jeft gtato engineer has at present no guard the Intorosts of tho Intend
to bo grabbed by unscrupulous and supervision or control ovor tho np- ,nK sottlor. Tho land Is donated to
far-Blghted persons, without rogard iroprlatlon or distribution of wator. tho stato, which, In turn, glvos 't
to tho public wdlfnro. Soon wntor, An appropriation of flvo thousand, to tho sottlor without charge, pro
n necessity of Ufo and tho basis for dollns por annum 2s provided for tho,v,(lea tho settlor purchusos a wator
tho substantial growth of theso raHkjng 0f hydrographlc and topo- rli trom tho comtructlon company
stutov beenmo tho subject of specu- graphic ourvoys undor his supdrvls- authorized to roclalm It. As a gonor
latlon niul monopoly. Tho stnto'a i'nn. pnnit.n-nn imwnvnr tmnn tiin al rulo. that which corB nothing Is
development was retarded. Conflict- approprlntlon by tho Fodoral Gov- worth nothing, but notwithstanding, ("nvlgnblo Htroams of the ntntq, bolong
lng rlghtH woro ostabllshod and tho ornment of nn equal amount to bo ,l Is oxpoctod that tho accoptnnco of, to tho public, (tho Unltod Stntos),
courts blocked with lltlgntlon In- expended within tho Btato for sim- tho Caroy Act will provo of gront(and can bo appropriated for beno
tonded to rnli;li "n out the tangle. jnr purposes. During tho past throo honoilt to tho Btato. flolal uso undor tho Iuwb of tho stnto.
Tho sumo Jllcli rljrht would bo ho- summers, over 2,100 squaro mllonj Columbia Southern Project. Orogon Is much In noed of loglsla-
Toro tho count almost constantly, for 0f ixo gtato's nroa havo boon' Tuo 8t,lto mml l)0nrl entered Into tlon providing, through a Bystom of
a docroo would no moro bo rendered mapped, showing nil olovntlons by contract with tho Thror Slstors IrrI- grant or Ucono, a rollnblo public
thnn now conditions would nrlso, r0ndB, stronms, buildings, otc. Dally gatlon Co. to roclalm 27,000 ncros rocord of nlL water rights Inltintod
new dlvorilons bo mnde, nnd a now dhchargo records of the flow or ot ,Il,ul l)y hulldlng u cannl fromnndor public suporvlslon nftor Its
docroo would bo nocossary. The ,nnny 0r he Important stranms of Tumnlo crook In Crook county. This passage, and flomo mothod whoroby
BlownosB of tho courts In many cnBOH 1no gtnto j,vo lleon j.0pt nd the ro- compnny chnngod hands Bovornl.tho prosont vostod rights, as dotor--ompollod
rosortlng tb forco to so- njtg ,of ,(lj nirvoya and monsuro- tlmos and la now known ns tho "Co- mlnod through litigation, can bo ro
curo tho noooHHiry wator to rtavo a ,nPntg 0f th, stlit'o's wntor supply Iiimbla Southorn Irrigating Com-, corded undor such systom. nnsod
vn'unble orop or orchard. Many mon pubiighod in tho first biennial ro-'l'""''" Undor this projoct, wntor .upon tho ytom or pormlta Isiuo.l
Imvo beon killed thrcughout the nrld ,,ort of nJ 0ffi0-?. jrlghtu wero sold for about 18,000 by tho stnto, tho invoetmont of cnpl-
ntntoi In tholr personnl ofTonts to As tnu Jfind i,rrnce doos not acre, whoro tho low water flow of tal in works for tho utilization of
protoct thair wntor supply. Tho ciinng8 in elevation, the topograph- tho crook will not Irrigate 8000 ucroa, wntor would be groivtly oncourngod.
Btronm', perhnim. would be a hundred c xntL)i. when onoo'mndo, will sorva nU(l lon adjudication In tho courts jnnd tho enlo or Iiinde and wator rights
or more inuoa long, uowing inrougn for nil tlmo. Tho mnpi nwlst greatly about luur of tno low water now or") properuv Boiuurs innciu muon
nifTornt countlwi. Condition noon ia tJ,e dovelopmont of the stnto, as o utrenni will doubtloes bo found ouelar. With a rollahlo rocord of
beenmo no complicated tlirl many of tnoy nro m,ulo wjtjx gront cnro to have beon appropriated bofore tho .now rights ns Inltintod, a ntato ad-
tliQ oorly Mtlor found It ImpoMl nnllrond linos oan be pxojootod upon tato began Its project, Tho statu mlnlstrntlvo systom for tho ordorly
bio to protoot, of their own offort t10m nnd profiles drawn In tho ofllco law provldos that "tho right to tho nnd oqultnblo dlntrlbutlon of wator
Dr through tho court,' tholr wator Wtn HUnCont accuracy to onnblo a of wator for tho Irrigation, of .can bo grndunlly put Into offoot ns tho
tupply, abandoning tholr plnoos. p,nminnry ostimnte of cost to be 'andu roclnlmod under tho provisional prior vostod right cotno boforo tho
which roturnod to tho original dosort u,de. Owing to tho fluotuntion or, of this not shnll bocomo und porpotu- courts for adjudication.
Munition. M-oflms, no wnter powor or Irrigation nlly romnin nppurtonant thoroto.M Tho pnssngo of n new Inw will not
Wyoinliig wns ho flrst stnte to as- works will bo constructed unless a Under prouent laws, It Is Impossible throw tho ontlro stato Into litigation
sumo the roeponelblllty of providing rocord of stream flow, oxtendlng ovor.to ascortaln who owns or has a right jovor water rights. It will provont
systom of acquiring tltlos to It 'a period of throo to five yonre, Is to tho use of wator from nny stroam. (litigation ovor all rights ostabllshod
public water, and protecting those nvallublo It tho amount of voatod Tho Btato and its ofllcars nro In thejnftor Its ndoptlon, oxcopt ns to tho
Tights, whon ofitabllehod, ns carofully rights to the vsf or wntor Trom n (lark as much ns othor Invostora. , regularity or procedure undor tho
m othor property rights aro protoot- stroam can bo determined, tho When this mattor ranches the courts, (law In Initiating such rights. Whon
ed. If tlvt usual wator s-ipply Is amount avallahlo for tho proposed which Is tho only tribunal to decldo. wator rights indicated prior to tho
disturbod, tho Irrigator is not com- works can thon bo rondlly ascortnln- as to tho merits of tho various clnlmaj passage of a now law bocomo so en
1)0 8(1 lO tOar Ollt 1 8 no KlUOr'S Ham. n.1 Wltlmnt llio nnllnMlxn nf ..m!, tO Wntor. It Will UOUUtlOSH DO lOHna.WlllKIUU IIIHI, llllKUllun B iiOTuooaijr,
TTtT
" mpo$jiM7
ol,8toenlii.irB
- -i hit .. a
reconstlptrt tr H
AJra sartte - b2i
ft, nn:: JbSXA
-CTTO""'"..ii"'ijii:ri
rights will eottlo such rlKht T!N
over ,and the cost of such ml Z K,
to each user will doubtles not ,2r2X
much In oxrra r,r i. . . . U Uidnr ?m
abstracts of m.toUZi??!&
such a law. litigation win J 1. .Ut' dr' Sood, ,, '
nnltoly. -"""..iStlillW
Litigation has boon In progress on rHefeO
o Walla Walla river. In S,n? the ld orecn 3
ri 'zr . k.1? S
- ..v, .lwu oi wa:or r Khtu w ... "M" swiitn.
..i.i - , . Lon!t ae a.
would natyrallj- - ' aetx) b
valler is no, J 2 S " h S
ig cettieu. as one
supposo, tho ontlro
boforo tho courts, reproaonted by 25 X Ia . S
lawyers, endeavoring to rtralghtea'of ? M 2
out tho tanglo. With new diversions JL,8 &
and new conditions, such as the stor- S .' fine ?rS
ago or wator In the mountains and 12 . fap! U rfi
the uso of tho natural streams chan- Pl" ,roaJ
nols In convoying such water naBt it,- Ebont lhmf. '
-v I
many poipts of division In the stream
and tho diversion nolnta nf ),,
having docreed rights, even this de-
and tho diversion points of those wl!! WS
nead,-,"?'10
creo, which somo assume will settle ""dMi ftj
mattors for all, tlmo will have to be' cnnZT;, -
revised. Tho longer the enactment twin, Jm S'"'
or a complete water law l, delayed, llf.r W
tho moro expensive will tho deter-!
HoDlihrigj
ovontually Book protection hv th' J ff uppr Wi
stato thrcugh nn administrative water
InU' Wlllnll Will lll-nlnnl nil . ...
?llal'i!rrI' !" "l-W. - . Uo sz
oxpnndlng to moet all
I) ut simply toll his troubles to a wator infoimatlon at public oxponso, this thnt tho stato cannot mnko Bome--pollconmn,
or a wntor mastor, as he oinss of ncvjiopine.nt would procood hody's olso wator right nppurtonnnt
ls oalled. l'hls stato otllolal, with slowly and undor a great handicap. to Its land any moro than a prlvnto
authority to regulnto diversions from Tho stnto ongtnoor acta as advisor corporation can, notwithstanding the
natural ohnniiol, rldos up tho stroam to tho stnto ird board In englnoor-j nbovo section of law. Even if all
and oIosoh itho hoadgiUes, whoro u,g nintters rolatlng to tho roclama- tho wator In tho stroam could bo used
wntqr is taken without right. Wator tlon of lands by tho etate binder tho0" tho stnto projoct, It Is physically
onnnot ho appropriated nt will with- provision of tho Caroy net. Under impossible, without storage, to re
out regard to tho public wolfaro. A this i-ot, tho government will donate .claim moro than half tho land al
eystem of grant or llconso Is em- arid hinds tp tho stato to tho extont'rondy sld. Tho stnto recently
ployed, weUoh Is as slmplo ns tho Qf 0Ue uillllon aoros, provided tho brought suit against this company
acqulromonit of 41tlo to n mining gmtt, wju leolalm and dlapoao of tliOto cancel Its contract, ns It would
claim from tho Unltod Stntos. An np- sani0 j,, ,mau tracts to aotunl sot-,not agree to build the nocossary res.
plication h flrst mado to tho stato uers Tho dotnlls or reclamation nro orvolrs to Impound tho winter stroma
ofllolala for permit to appropriate turuod ovor by tho Btato to construe- J How nocossary to furnishing an ade
wntor for u spoolflo uso. If not In tlon companies, who build tho sys- quato wator supply. No plans have
conflict 'tli toslted rights or tho torn and ?tttlo tho land undor a con- aa yot boon determined upon for
publlo vjltfaro, tho right Is grantod tract with tho stato land board. fstralghtonlng wit this tanglo. .Somo
-nnd dolNfcta rocord kopt or tho trans- yiV itocliiinatlon Projects. jof the first lands sold woro through
notion. Whon proof Is fmrnlBhod In During tho first nlno months or advertising literature or tho company,
ti requirod tlmo that tho wnter hns this year, tho stnto land broad has showing the projoct was backed by
"boon applied to a benoflclal uso, nnd entered Into contract with construe-, tho stato or Orogon nnd that resl
oxnmlnatlon mndo by tho stato tin- tlon compnnles for tho reclamation of .denco wns not roqulrod. Tho latter
thorltles, tho right bocomos veatod 203.SIM ncros of land, nt n cost to tatomont bolng a misrepresentation,
and tho rocord complotod. This future settlors for wator rights, of i Tho prospootlvo settlors who havo
right thQu bocomos nppurtonant to $4. 2SG. S04, pnynblo to the construe-j Purchased wator rights under this
the land, la protected by tho statu, tlon compnnlos. ThW contracts project aro scattered through many
md Is thoaftor not subjoct to Utl- Covor every detail or construction (states, somo or whom nro living on
utlon in tho courts, oxcopt ns to rog. a,uj disposal or land to soitlora, nn.ljtho land. Othors havo visited tho
larity ot procouuro unuor tno inw3 Uoludo detailed plans and spoolflca-iProJoot. expootlng to reside, but
f Uie state. Tho rights noqulred (tlons. A total of 400,222 acres is
4-lor to tho adoption or tho Wyom- boforo tho board In various stages foe
ng law havo nearly all been doter- consideration. This is equal to tho
mined onco for all, and recorded, tak- total area of land at present undor
Ing up ono stroam at a tlmo. irrigation In this stato. The area
Tho Aiuount of water necessary to contracted for during this year ls
supply .vatited rights along any stroam equal to one-half tho state's present
can thoroforo bo readily ascertained jrrlgablo area, and greater than tho
rom the public records. If tho to- area now being reclaimed by the gov
With a family
,1.
found those settlors on tho ground
consuming nearly all tho wattor sup
ply. Many havo paid in full and aro
demanding deeds from the state.
Water Rights.
Two questloua must bo answered
beforo a capitalist will Invest hla
monoy In works for tho utilization
of waters (1) la there sufficient (un
appropriated wator In the source of
tal amount of water in tho stream Is ornment in Oregon.
known, tho amount of unappropriated, of flvo upon each 60 acres, It wllllsupply, and (2) how can tho right
water la also kuown. Tho mothod of .mean that theso companies must to Buch water bo acquired? At tho
ono gonoral adjudication for all old
Thousands Haye Kidney
Trouble and Never Suspect it.
l,renlpay of Kleiner lnene.
Most people do not realize the alarm
Ing increase and remarkable prcvalency
oiKiuneyuiscdsc.
While kidney dis
orders are the
most common
diseases that pre
vail, they are
almost the last
recognized by
patient and phy
sicians, tcho eon'
tent themtelvts
with doctoring the efeets, while the orig
inal disease undermines the system.
What To Do.
There is comfort in the knowledge so
ofteti expressed, that Dr. Kilmer's
Swanip-lloot, the great kidney remedy,
fulfills every wish m curing rheumatism,
pain in the back, kidneys, liver, bladder
and every part of the urinary passage.
It corrects inability to hold water
and scalding pain in passiug it, or bad
effects following use of liquor, wine or
beer, and overcomes that unpleasant. ne
cessity of being compelled to go ofteti
during the day, and to get up many
times during the night. The mild and
the extraordinary effect of Swamp-Root
is soon realized. It stands the highest
for its wonderful cures of the most dis
tressing cases. If you need a medicine
you should have the best. Sold by drug
gists in fifty-cent and one-dollar sizes.
You may nave a sampic uumc uu u
book that tells an
about it, both sent free
by mail. Address Dr.
Kilmer & Co., Bing-
lmniton. N. Y. When Homtot Bwunp-RooC
writing mention this paper and don't
make any mistake, but remember the
name. Dr. Kilmer's Swamp-Root, and
the address, Binghamtou, N, Y.
g2gfB
new condl-
tlons which may arlso.
Thoro Is no lack of precodont In
this mattor and Oregon should not
mil to place upon her statute books
tho vory boat laws that can bo dc
vlsod, btisod upon centuries of ox
perlonco of othor states and coun
tries. Tho 1905 act provides thnt thft
stato onglnoer shall recommend uch
legislation as Is doomed advisable.
As tho question of title to wntor Is
ono of tho grontet Importance to
tho futuro wolfnro of tho state, the
nood of legislation on this subject
lint boon briofly prosonted. Without
a realization of tho groat need ol
water legislation on the part of the
public, rocommcndatlnns by state
officials will hnvo but little weight
with tho loglslnturo nnd a few Inter
ested corporations or Individuals
who soo In prosont Inx laws chance
for spooulntlon In wnter, or the for-
mntlon or n gront monopoly or thli
necessity or liro, enn dorent tho will
or tho people
o
Hero's Good Advlco
O. S. Woolovor, one of the host
known merchants of Le Raysvllle.
N. Y., snys: "If you are over trou
blod with plloa, npply Ducklen'
Arnica Salvo. It curod mo of them
for good 20 years oro." Cures ovary
Boro, wound, burn or abrasion. 2fc
at J. O. Perry's drug storo.
Sovon mon out of ton who pot Into
troublo nro able to trnco their down
fall to sldo Issuos.
BITTERS
For valu
able Informa
tion In re
gard to your
health, statu
tics, and
somo spl- n
did Jokes get
a free copy
of Ho.stettcr'8
Almanac
from your
druggist.
Also try the
IXUtor for Intl Ul-Ntion, J')l'M"
Kidney Ills, Chills, Colds and JtolarU
It always cures. first ,niiim
rHKT m 4
common with a uBltt
Tho ineriu ot the Tnul
would never usy fcj
bladder or rheasisti
bottls two month tat
by drugglt or t; m
tc3lamonla!i, Dr lj,
uilvo street, St. lax
Bank AccoM1
Christias fd
You an gin mI
practical to ttJ
ill
tor Cbrhtisututfti
savings but teeb&j
Itlal depoilt o! am
1
moro entered nf
and bearing Mi
outside.
It wl I help i
them to mi i
which will U r
all their llrtt!
'w4
i&di
Sili3)iW
Capital V
4HI
5 wmm
l(Mk
4K!W
rHiQigS
.m
Aetti
Price
!5C
I MONUMENTS AS
TBBysmfifi
ofjft.
-Be.tlf Worlmausblp. W
Artistic Designs Best
Order now ror spring delivery.
Lto'
I and modern for you, and set 1 to pta-
B9
befoi
jsal
Day.
WILTON W.
J Works at 239 Liberty Stree
rhSfmls Only On
Laxative Bro,
m
IMC
THC0"79
. .. amfl. W
Alway remember the iuu
lor this elgaature on evw?
box
'1Mgt Htf ','-
.
Jiil "i ,
. ik.: