anaheim-gazette 1909-04-22

OREGON'S IRRIGATION LAW COMPLETE STATE CONTROL OF ALL WATERS Points in Measure Which Will Be Read With Interest—How Webfooters Determine Water Rights — How to Acquire the New Holdings A water law for Oregon became effective on February 24, 1909. Complete state control is provided. No water right can hereafter be acquired without compliance with this law. It abolishes the old requirement of posting a notice on the bank of the stream. Hereafter the priority of all rights will be determined by the date of receipt of an application in the office of the state engineer at Salem. If the application is defective, it will be returned for correction without losing its priority. The leading feature of this bill is the limitation of franchises to the use of water for power development to a period of 40 years from the date of application, and the requirement that reasonable fees be paid to the state in all cases by those benefited. The schedule of fees has been designed to ultimately pay the entire cost of administration, thus relieving the general taxpayer, who derives only an indirect benefit through the added prosperity resulting from increased development. The payment to the state of an annual license fee of 25 cents to $2 per horsepower hereafter appropriated was provided by the Eaton bill, which takes effect on May 22. This an erroneous or extravagant testimony can be contested. Procedure all errors can be corrected, if necessary, further tested taken. As soon as possible a decision is entered by the board, deterring the rights. This order is pre-execution at once, and later with the circuit court for consideration. If no appeals are taken, order is confirmed. If the order not reopened within six months decree becomes final. Upon such final determination, her right certificates are issued accordance with the decree; certificates are then recorded county records, and bear the relation to the water title as tent from the United States to the land title. The right user from the stream, or from large ditch, will be thus detected. The law makes the grant to of water for irrigation applied to the land irrigated. Thereafter passes with the land making it necessary to follow titles thereafter in abstracts. No right to the use of water in the streams of the state can be acquired for any purpose out compliance with law. Intelligent use and development of water resources some central must be provided, where a record of all water rights can found. The diversion of water out the necessary permit is misdemeanor. Application for permit to activate water should be made to state engineer at Salem, Oregon, the application is defective, be returned for correction losing its priority. ed to ultimately pay the entire cost of administration, thus relieving the general taxpayer, who derives only an indirect benefit through the added prosperity resulting from increased development. The payment to the state of an annual license fee of 25 cents to $2 per horsepower hereafter appropriated was provided by the Eaton bill, which takes effect on May 22. This fee is to be collected by the board of control and adjusted from time to time, based upon the percentage of power appropriated which is put to beneficial use. In brief, the new water code creates a board of control, composed of the state engineer and the division superintendents of each of the two water divisions into which the state has been divided, and upon this board rests the responsibility of determining and recording all water rights heretofore initiated, the granting of new rights in accordance with law, and the protection of all water rights through a comprehensive administrative system. Before any protection can be granted to vested rights under the new law, such rights must first be determined and recorded. Where numerous ditches tap a stream, and especially if the stream is long and the summer flow limited, state protection is necessary. The cost and time consumed in determining rights under the old law was very great. The water users along Silver creek, in Lake county, joined in a friendly suit to determine their rights, so that a water master could be employed to distribute the meagre supply, thus preventing annually recurring disputes. Fourteen lawyers were employed on only one side of this case. Recently the case was decided by the supreme court, after nine years in the courts. During this time one of the contestants died, one became insane, and a number, tiring of the conflict, sold to others. If the experience of Wyoming is any guide, the most complicated case can probably be decided, under the new law, within a year. side of this case. Recently the case was decided by the supreme court, after nine years in the courts. During this time one of the contestants died, one became insane, and a number, tiring of the conflict, sold to others. If the experience of Wyoming is any guide, the most complicated case can probably be decided, under the new law, within a year. The cost is set out in the law, and is designed to be less than the cost of an abstract to the land. For irrigation rights, the cost will be 15 cents per acre for each acre for which a water right is claimed up to 100 acres; 5 cents from 100 to 1000 inclusive; and 1 cent for each acre in excess of 1000 acres. For power, the cost will be 25 cents for each theoretical horsepower claimed, up to and including 100; 15 cents from 100 to 1000, inclusive; 5 cents from 1000 to 2000, inclusive; and 2 cents per horsepower above 2000, the minimum fee in either case to be $2.50. For any other rights claim to water the fee is $5. The procedure is simple. A list of questions is sent to each claimant or owner on the stream. He is required, under forfeiture of his right, to answer the questions which, together with a survey of streams and land areas and measurements of the water supply by the state engineer, furnish all necessary information for an adjudication of rights. The maps and all statements, signed under path before the superintendent, are submitted upon a given day for examination by all interested parties. If anyone thinks his neighbor is making servoir from which the water is to be derived. These forms gether with instructions, can be cured by addressing the state neer,, Salem, Oregon. They are simple, and can be filled out by an assisted perhaps by a surveyor's map of the proposed ditch is noted as a part of each application. Work must commence within a year from the date of application be completed within a reasonable time, as fixed in the permit, not exceed five years. If the water is applied to the efficient use within the time all proof is taken of such fact by division superintendent and aicate is of the same form as to early appropriators upon detection of their rights, as described above. The new method of initiating rights may seem cumbersome as pared with the old method, but worth all it costs. The right, finally granted, is absolutely defined as to all rights hereafter cited. It will be determined as to the world, after a determination above outlined. This determination is made without cost to the new applicant. No large canal can be operated out one or more water masters vide the water in accordance with rights and needs of the different terals. Likewise, irrigation public streams cannot be a surplus without water masters to regulate versions. The use of streams to convey stored water to its place of use impossible under the old law, and Thus or extravagant claim, his can be contested. By this full errors can be corrected necessary, further testimony is soon as possible an order by the board, determining this order is put into effect once, and later filed circuit court for confirmation appeals are taken, the confirmed. If the case is tried within six months the homes final. With final determination waivers certificates are issued in with the decree. These are then recorded in the records, and bear the same water title as the pa- the United States does to title. The right of each stream, or from a will be thus determined. This takes the grant to the use for irrigation appurtenant and irrigated. The title passes with the land, thus unnecessary to follow land after in abstracts. To the use of water from one of the state can hereafter be used for any purpose withance with law. For in- and development of our sources some central office provided, where a reliable full water rights can be diversion of water with necessary permit is made a law. For permit to appropri- should be made to the river at Salem, Oregon. If nation is defective, it will need for correction without prior construction of many reservoirs was thus prevented. As rights are determined under the new law, districts are created and water masters appointed, where demanded by the water users, to enforce the decrees of the board or of the court. This officer is accountable to the division superintendent, and protects not only the early rights but also the new rights and the rights of reservoir owners. When a headgate has been lawfully closed to admit the proper quantity of water, or shut entirely, it is a misdemeanor for the owner to disturb it. If the gate has been wrongfully opened during the night, the presence of moisture in the ditch in the morning is declared to be sufficient evidence to convict the owner of unlawful use. With such an officer available, capital will not hesitate to invest in storage works. The water, when released, can and will be protected by the water master, no matter how many ditches intervene, and the owner permitted to divert an equal amount, less that lost by seepage and evaporation. The final object of the new water law is the protection of vested rights, when determined, and to encourage the development and use of unappropriated waters. This encouragement is provided in the definite procedure for acquirement of the new rights. The fees are of no consequence to the one who contemplates putting the water to beneficial use. In fact, the certainty of right, which is essential as a basis for intelligent investment on a large scale, is worth far more than it costs. The old-time notice-man, whose chief business un- LAGUNA DAM Waters Flow Over While Sluiceways Are Repaired The gates on the big sluiceway on the California side of the Laguna dam were closed one day last week and the waters of the Colorado river were forced to flow over the crest of the dam and through the gates of the sluiceway on the Arizona side. The terrific current of the waters as they pass through the sluiceway on the California side, has been cutting the banks of the sluiceway to such an extent that it became necessary to re-inforce the walls with heavy stone in order to stop the cutting. Forty carloads of stone has been brought in from Colton, and is being placed along the sluiceway so as to strengthen its banks and prevent further cutting. These stones weigh from one to ten tons and will receive the impact of the current as it sweeps down from the upper heading through the sluiceway and will hold the banks of the sluiceway in place so that there will be no further erosion from the water. During the week active work has been begun on the digging of the big ditch which is to carry the waters of the Colorado from the upper heading on the California side of the Laguna dam down the valley and distribute it to the arid land below. The first few miles of this work is in heavy rock and sand hills and will be very hard and difficult work. After the sand hills are passed the work will be completed. During the week active work has been begun on the digging of the big ditch which is to carry the waters of the Colorado from the upper heading on the California side of the Laguna dam down the valley and distribute it to the arid land below. The first few miles of this work is in heavy rock and sand hills and will be very hard and difficult work. After the sand hills are passed the work will be comparatively easy and rapid progress will be made. The work on the construction of laterals has been in progress in the upriver part of the Indian reservation for some time and a good many miles of laterals have been completed. The engineers in charge are doing a nice piece of work on these laterals. They are straight clean and well proportioned, and look good. They are the sure harbinger that water will be coming down to that part of Indian reservation at an early date. This land will be the first to get water for irrigation purposes from the big dam. Within the next week the full force of men and the equipment that has been working at the dam will be thrown into the work of digging the main canal and from that time on very rapid progress may be expected in that line of work. The scoop wheel has been in operation most of the past week, and the farmers in the valley are getting all the water they want. The wheel has proved a monster success and for the first time in four years the valley feels the life-giving impulse which an abundance of water will give to it. FICTION is FICTION NEWS IS TRUTH The GAZETTE Prints the News The GAZETTE Tells the Truth. Palace Meat Market Teacher & Schneider Proprietors DEALEPS IN Choice Fresh and Salted Meats Telephone Main 51 Meats Delivered to all parts of city Heaters at a Sacrifice! We carrying over the few we have left, we will close them out at a bargain. Range from $1.75 up. Come in and see them. Aheim Gas Company Office at Miller's Hardware Store we carrying over the few we have left, we will close them out at a bargain. range from $1.75 up. Come in and see them. Anaheim Gas Company Office at Miller's Hardware Store California Wine Co. F. Conrad & Son, Props. Ever Street - Anaheim Wholesale Wine and Liquor Merchants Bands of Bottled Beer. Delivery Made Everywhere MOTOR ON TRIAL of the beauties about individual electric motor drive is this: don't have to start out with a lot of expensive equipment and the risk of getting "stung." You can try a single motor at little and no inconvenience. Study it, watch it work, tabulate reFrom it you can learn just what a complete installation of will mean. Most people who start with one motor end with plete electrical equipment, and become enthusiastic converts to power. If they find it profitable to use individual motor nightn't you? Why not install a single motor and form your vision? THE EDISON ELECTRIC CO. 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