Report of the Oregon Conservation Commission to the Governor/1909

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1908

Report of the Oregon Conservation Commission to the Governor

1909

1910

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2814884Report of the Oregon Conservation Commission to the Governor — 1909

REPORT

OF THE

Oregon Conservation Commission

TO THE

GOVERNOR

November

1909

SALEM, OREGON
WILLIS S. DUNIWAY, STATE PRINTER
1910

REPORT

OF THE

Oregon Conservation Commission

TO THE

GOVERNOR

November

1909

SALEM, OREGON

WILLIS P. DUNIWAY, STATE PRINTER

1910

Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/141 Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/142

LETTER OF TRANSMITTAL

Portland, Oregon, November 30, 1909.

To His Excellency, F. W. Benson, Governor of Oregon:
Sir:In accordance with section 4 of chapter 81, Laws of 1909, which provides that “The Commission shall prepare and deliver to the Governor, on or before November 30th of each year, a full report of its work, investigations and expenditures, setting forth the condition of the natural resources of the State, together with such recommendations for legislation as may be deemed advisable, or other means of protecting or promoting the development and use of the same,” your Commission respectfully submits the accompanying report and recommends that it be published as provided by law. Respectfully,
J. N. TEAL,

Chairman.

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WHITE RIVER FALLS -- IN LOWER DESCHUTES VALLEY

SECOND ANNUAL REPORT

OF THE

Oregon Conservation Commission

TO THE

GOVERNOR

INTRODUCTION.

The Oregon Conservation Commission was created by act of the legislature filed in the office of the Secretary of State February 23, 1909. It is composed of seven members, appointed by the Governor, who serve without compensation. This Commission supersedes a former commission of fifteen members, semi-official In nature, that was appointed by former Governor Chamberlain to make a report on the natural resources of the State and to bring before the people the necessity of adopting a rational policy for the conservation of these resources. The present water law was prepared and its passage urged by the fonner commission.

The work of the Commission is "to ascertain and make known the natural resources of the State of Oregon, and to co-operate with the National Conservation Commission to the end that the natural resourc of the State may be conserved and put to the highest use."

It is apparent that in order to insure success the work of the Commission must proceed along fixed lines with a clearly defined object in view. The first essential is to bring forcibly to the minds of the people the facts concerning the resources of the State. To do this it has been found necessary to institute a sort of Know-your-own-State” campaign. To this end three distinct lines of work will be pursued:

(1) The offering of prizes to students in our schools and

college for the best papers on conservation topics.

(2) The stimulation and encouragement of the development

of Eastern Oregon through dry-farming, and

(3) The promotion of the development of Western Oregon

through irrigation and drainage.

PRIZE PAPERS ON CONSERVATION TOPICS.

Prizes aggregating $1,350 have bean offered by the Conservation Commission to the students of the universities and colleges, also to the students of the high schools and other schools of similar grade in the State, for the best papers on conservation topics as applied to Oregon. The funds for this purpose have been contributed through voluntary subscription of those interested. Six topics have been selected for these papers, as follows:

The forests of Oregon.
Irrigation institutions in Oregon.
Soils.
Dry-land farming in Oregon.
Roads in Oregon.
Fish.

Two sets of prizes will be awarded to the best papers on the above subjects. One set will be awarded to students in the universities and colleges, as follows:

First prize $75.00 Second prize 5000 Third prize 25.00

The second set will be awarded to students in the high schools and institutions of a similar grade, as follows:

First prize $40.00 Second prize 20.00 Third prize 10.00

In addition to these caah prizes, honorable mention will be made of other papers of special merit and such honorable mentions will be given as wide publicity as the awards of those winning cash prizeo.

The prizes will be awarded by competent and impartial judges after a careful examination of all papen submitted. The basis of the award will be originality, showing evidences of original research and observation along practical lines and a clear and orderly presentation in good English of the subject- matter discussed.

in submitting papers the following instructions must be observed: No paper from a college or univenit.v student shall exceed five thousand words in length, and no paper from a student of a secondary school shall exceid three thousand words. All papers must be in the hands of the chairwan of the Co,mervation Commission by the 15th of June, 1910, and the prizes will be announced by November 1, 1910. The manuscript must be typewritten and submitted in triplicate, written on one side of the page only, and each page must be numbered. In order to insure impartial judgment and ConGo sideration the judges will not be allowed to know the name of the competitors. In order to accomplish this the following procedure should be followed:

Each papeF should be signed in triplicate, not with the competitor’s name, but with some fictitiotis name, and placed in a seakd envelope marked Prize paper.’ The competitor should enclose a slip of paper with his own name and the fictitious name used in a second envelope. Both should then be enclosed in a third envelope and mailed to ‘Profesor F. 0. Young, University of Oregon, Eugene, Oregon.’

in order to secure a uniform treatment the following outlines for each subject are submitted and it is expocted that all competitors will follow the order and subject-matter indkated:

THE FORFS OF ORE4ON.

1. Kind., distribution. atid e*tent of Umber species in Oregon 2. Primary and econdaq u. of feret., i. a, as a ource of umber supply, aiid ns factors ‘fi the cotmervatio, of ao’l and rainfall. Are these uea oppos.d tn each other, and how may they be nconciled? 3 Ocn.ership of forests. (a) The ,iation& forests, and how administned, (b) Privately owned forts. - - (C) Te what extent Is the public rnt.rested ii, the reguLation of private holdings, nd what are its right, in the matter? 4. TaxRton of tmbor ands (a) Its bearinu Gil the conservation of forests. (b) Distinguish between forests of mature timber and forests of young timber as subject of taxation. & Reforestation. (a) By Federal and State agencies. 9) Do the present methods of taxation prevent reforestation by private agencies? (C) Is reforestation under private ownenhip fesibIe under any in of taxation? (d) xperience of Germany aild other European countries. 6. De.troctive agencies. (a) Fire. (6) Irsect. (c) Grazing. 7. The forest policy of the State of Oregon; summary with criticism.

IRREGATION TNST1TL’TTONS IN oREOOi.

1. History of irrigation in Oregon. 2. Methods of applng the wateF. 8. The value of irrigation to the State as a whole. 4. CondiUoris peculi,r to the Stat, that have retRrded the developmat of irrigation. 5. Bearing of conservation of water supplies on the development of irrigstioii. . . - - 6. How far are the principles and method of irrigation a practiced in the arid portloim of the State applicable to the Willwiette Valley and other so-called humid portions of the State, and the difficulties peculiar to these sections severally. (a) Results so far obtained. (b) Measures necessary for more extensive development.

SOILS.

1. Soil erosion and soil transportation. (a) Causes. (6) Mean, of prevention. 2. Deterioration and exhausOon of soil. (1) Causes. (a) Bad cultivation. (b) Exhausting crop, (2) Mesn of mantnancc ai,d restoration of their productivity. (a) Mode of cultivation. ) Restorative crops. (C) Rotation of crops. (d) Stock raising asid d.h fanning. (8) Arti6ciaI fertilizer..

DRY-LAND FARMING IN OREGON

1. Its principles and their application to Oregon. 2. Results already obtained Mid what may reasonably be expect.d from further developmet

ROADS IN OREGON

1. Requisites for good roads in Oregon. (a) Materials and mode of corrntnct’on. (b) Drainage. (C) Maintenance, 2. Detroctive agencies. (a) Climate conditions. (} Vehicles draw,i by horse, (C) Autornobiln Mid traction engints. 3 The social and mat.ria effect of an adequate system of good roads on the Stat., 4. Experience &f the Stat., in handling the nad problem and nsons to be earned therefrom. 5. History of road construction and results obtained in foreigi’ countrie. 6. The sane for other states of this Union, and their esons for Or€gan. flSIL

Salmon industry in Oregon.
Destructive agencies.
Means of pntervation and perpttuatio of the salmoit supply.
The story of the !turgeon indu,try.
Trout and other game fish of Oregon, their propagation and protection.

DRY-FARMING.

With the opening to railroad transportation of an empire in Central Oregon larger than the State of Ohio, great activity is expected in the settlement of public lands flow vacant. With prospective railroad transportation and the enactment of what is known as the enlarged homestead act, a flew interest will doubtless be awakened in dry-farming, and rapid development of the State result.

By dry-farming, we mean the production of crops from the natural precipitation by the application of scientific principles for the conservation of moisture in the soil. For years the great wheat territory of Eastern Washington and Eastern Oregon was consMered of no value except for grazing purposes. When it was discovered that wheat could b€ grown sucetsafully, it was but a few years until every acre of this land was taken. At the present time these lands are worth from twenty-five to sixty doIIar per acre.

Because of the bulky nature of wheat and other rains, they cannot be profitably grown at great distances from raHway transportation. Only such crops as mature ea,ñy can be grown in regions deficient n rainfall. For these reasons. large portions of Central Oregon at the present time are onen to entry under the general land laws of the United States, Ag not more than 10 per cent of this area will probably ever be reclaimcd by irrigation, the importance of the div-farming Co.

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process la to apparent. Sufficient settlement has, however, occurred in many parts of this district to demonstrate its value, and it is the claim of these pioneers that with railway transportation, the lands in this section of Oregon will prove of equal value to those in the great wheat belt of Washington and Oregon.

THE ENLARGED HOMESTEAD ACT.

Where, on account of the deficiency in moisture, a paying crop can only be produced every second year, it is apparent that e ieopae acre will W 0000roery to eopoort a temily thee io a hemih odmote. boepreea reooqsctrW this tart io the reeeego ot the eeiaepW homestead act oo bebreery tb tbdd. it omeidm doe the aetry by ritiraoe ot hhd acres ot iaoh, which meet hmt be ciamihW by the hoceotery ot the toteOor ea eoo-iraipebia. herueea ot the greet imbotonere ot this law to the herebymeet ct tfaeyoo, it ie haamah ehrireblo to podlied it iv tell, arwacec Oonawrrr Ftp. An p05 w eeoolfe top en enipemO toWeetenC. vs it roootw tt tep HtmO now wnnrp of Prroeeeelnttoep of ire yolvo PSelpe of ywenon, in Cenepees ppn’otrlpc: Pephno 5, Ttnc err earene wtn is a oeniitet encerenen reAm rye OrnooscopO lows ot see hniwh Swwo wee sewo, tr lear’ rotOinirione, nisdep cte OennwOne or 52’s ew, in she psewp ot ColopeOo, tteywoe, hpmde, Peseco, htpr, Weptwernn, end Wromim, end 5Cc wppiwrwc yr tooleem ape HEW Henioo, ore aowe, co Iwe, or noy-noineepi, ptn_ ieeimhle. nneeeeeped enh enerreoreinwe eooneyeh 5tolie meSa utut do act csewio wsroeapwtls ciwtoc, Icmtnf to a cresceatle wwpeoc moy, ape net enee nnp pad epa-epic wiles in enseecee iynrc5; tnop,Peh. tons ae leeds stall to sotseec w encpr ondso ite orooteone or stir act pecil soce lends toell ears soon cmiwoewc 2r ceo reoremw or we tnsepve as noc toina, in tie ooinioe. eooeeocitle ot peooeeetnl leoieehen p2 a swnenretlp cwc 5mw err ceewn enorop or wnipo Parole. eeoOon c. reps any careen Prr]rinr to encne lenO nnOep rte OWnselene or ct’s eec emil Wets pep pntoonto totpoe cOn owmr olamr Er pHdnnis as eeqniom 5r eeoOoo ecoc cc see rnWeeO emsecen, ace te neOlcien sssrew elell wary OHdnpic sCnc ccc innd pnnatr w he enHeto is o5 cde orppnpser deweirec in sWoop s er iris ecs. pod esnli oar 555 sooe ROW poqoioec w Oe entO encer ire enWeewno lnrre. Omiton c. yeas mr toweecano enterrnnn ot lenda et sPa otppeotor Cpoein teppeitod. oron welor enoi cmos hoe mt rem weep, stall cans 55o First H enwr wello SnoOp, s000ps to ten rWriaieye n5 stit y°5. ooecireonp w eie toeseep encpp WcioC pdnli pot, tomctpe wise sOs neseispl nncw, enopet 220 norw. nod epeiOanop own peP onlsinnsieo nt cee eeirinel onier peril 2p Oeewpc cc oseicpnoe 000n ooc oolrnn5inp nt ste nddicienel ens or. Poptipo I. rent Pt ire Awe ei wpcipr cent roeerr PP conwOec in 0000cr 5505 p5 55e s’orieto rtp5ocse iCr epcspwen noOeo Itip eec etnli. io eOOiOne w she nooSe sop pgceoite ocoipec eecpr tOo eats pewine, Co gTe -. prove by two eredibe witne!sa that at least o,,o-eighth of the area embraced in his entry was continuous)7 cultivated to agricultural crops other than native grasses beginning with the second year of the entry, and that at east one-fourth of the ares embraced in the entry was a continuously cultinted beginnrnz with the third yea: of the entry.

Section 6. 7hat nothing herein contained thall be held to affect the nght of a quaIiflQd eritr3flTIRTI to make homestead entry in the states named in .ction 1 of this act under the provisions of .ction 22R9 of the revised statutes, but no person who baa made entry under thi a& shall be entitled to m,ke homestead entry utider the provzsions of said section, and no entry tade under this act shall be commuted.

Sectio S. That whenever the Secretary of the Interior shall find that any tracts of and in the State of Utah. tibjctt tn entry under this act, do not have upon them such a sufficient oppiy of water suitable for domestic purposn a would make colitimlolis residence upon the Lands possible. he may, ii hi, discretion, desigDate such tracts of land, not to exceed In the aggregate two million acres, and thereafter they shall be subject to entry under this act without the necessity of rsidence; pnvider, that in such eveTit the entr,man on any such mary shall in good faith coltivat not less th,n o,w.iwhth of the entire area of the entry during the second year, one-fourth during the third year, and one-half during the fourth and Mth years after the date of soch atry, and that after entry and until final proof the entryman shaji reside within such distance of aid land a will enable mm suvcss1ully to farm the sante as required by this section. Approved FebFuary 19, 1909. —1g. I. I I[sI[!,d ,..l.— [rrig.bL.. h— lh! S ,I_!d.•[• tlI tflNf FPom.M+m(i A_L Co gTe — — - --- ___.j

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IRRIGATION IN THE WILLAMETTE VALLEY.

Passing from the eastern part of the State where dry-farming is found to be the only means of comprehensive reclamation of the uplands, we come to the Willamette Valley where dry” farming has been practiced so long that the lands are beginning to rebel and other methods must soon be adopted if homes are to be found for an increasing population. Here the conditions are entirely revened and that intensive agriculture which tends t0 unhiniitd subdivision of the lands is only posibIe through extensive irrigation. Dry-farming for arid Oregon and inigatkm for humid Oregon—these very paradoxical things must be encouraged if homes are to be found in Oregon for all who would live here.

Some of this area Is in the rolling foot-hiII, but it is nfe to assume that one-half is in urgent need of reclamation by irrigation and drainage. This valley at the present time is the most undeveloped section of Oregon, when natural advantages are compared. It has the longest growing season of any section of the State; soil rich and deep; absence of long and severe winter conditions; is practically at sea level; partly improved; convenient to railway and water transportation; accessible to extensive and rowing local markets; and is favored with warm, cloudless summer weather. The land is held in large units as in all thy-fanning sections, because even with intensive cultivation a small unit cannot support a family for lack of moisture during the growing season. A general increase in the farming population of the valley cannot be expected, therefore, until hlew methods are introduced.

Anything that will promote new methods of agriculture should be eagerly undertaken by the commercial interests of the valley, for it is stated upon good authority that 80 par cent of the jobbing business of Portland is dependent upon local consumers. A still larger per cent of the business of the valley towiis is dependent upon loaI farm population. If, therefore, a method of agriculture can be Introduced which will result in placing from 10 to 30 families upon each square mile where on an average only one or two families now live. the commercial and industrial interests of the cities and towns would profit in proportion.

It is becoming generally known throughout the east that the most oroductive and highest-priced lands are in those portions of the west where irrigation is practiced. Irrigation bonds are in great demand, and irrigation projects are being eagerly sought after. To hold in the face of existing facts that rrigation is not necessary in the Willamette Valley, is to drive away capital and retard settlement, rather than to encourage it.

But few people realize the fact that the average precipitat on in the Willamette Valley during June, July, and August is less than that which occurs at many points in the arid region, and far ieas than that whieh occurs in humid regions This is strikingly illustrated by the accompanying diagram, which has hen prepared from the official records of the Lrnited States weather bureau.

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20 In’ t:12 2 PrecipitAtion in the WI I Ianiettc VJ ky S h(!. S I,-. 1 A oanoare4 with other Points fl OI€ !r]d awt t,’iofld r,gk.n,.

The average precipitation at Corvallis during these three cropproducing months of the year is 1.8 inches, and at Eugene 2.6 inches. as compared with 4.4 inches at Denver, Cob.. 5.0 inches at Cheyenne. Wyo., and 6.2 inches at Santa Fe, New Mexico. In irrigated sections during this period crops will receive 20 to 36 inches of water, or from eight to twelve times that received by Willamette Valley orop from natur& rain fall

That irrigation in the Villamette Valley is profitable has been actually demonstrated by several private agencies as ‘veil as by experiments by the Government. Along Dairy Creek, in Washington County, thret crops of clover have been cut CogIe — Ni FIG. II. in a single season, including fall pasture, and four cuttings have been obtained where it is cut and fed direct from the field. Four crops of alfalfa, besides fall pasture, have been grown at Corvallis. Such crops were unheard of before irrigation was practiced.

The United States Department of Agriculture has for several years maintained experiment stations at ilhlisboro, Corvallis. and Albany. to determine how much irrigation will increase the yield of certain crops.

The followi,,g, taken from circular 78, U. S. Department of Agriculture, office of experiment stations, are some of the Fesults from the first year’s work. They show an increase in yield far greater than was expected and the last two years’ work are even more convincing that general iFrigation is not only immensely profitable but well-nigh indispensable.

YII,I Cr r[I.F,,I p{at,...% ! r.or’III. lIrtfrFI. ‘tic. Vi.,Id 1 I..b.t• & ‘f .hI. •(‘ j !!• •&% VnlrrlRnt.’.I IrrLg,te.II’.-t(’. IrrIi.t,’,I u,,Irrl,a{I }[!• t I!’.gOI. WV. ..t IrrIgated VO) Irrighteci tw, 71 IeId IrrigattI .11.1 LI,I,rI,F,’,I II.IJ(IIntI,. CI R(I!I. i — ‘‘II ,(,,,ty—fl,ur rrIgnIed ,, &74) kid from tw,,[ty—ftI,, The conclusions of this circular, the first official bulletin on the subject, are so pertinent that they are published in full. (1) It (irrigation] will s.rve as a cm’, insurance for those erops which in ordinary years are mat”rcd before the dry season, but, stiffer during ecept’onI per’od of early drought. (2) The mild climate makes it possible for the dairy herd to secure food during all seasons of the yea’ except the slimmer, but under present conditions it is necessary to feed them either dry feed or silage during the su,TInIer months when pastu rs are dried up, Irrigation will prodirne green food during this dry period and will make it pos&ble to carry the herd into the winter season in full milk. 3 } The market-garden ndust ‘y is coming to depend upon irrigation for ta fu] kst development, and already in many easa msrket gardeners have provided themselves with a small water supply which they use in the production of late crops of vegetables which could not be matured without it These late vegetables and berries go OD the market when the earlier crops have become exhausted, This is especially true of such vegetables as celery, c,ulifiower, and potatoes.

"(4) Both irrigation and drainage will deubtleas be of service in reclaiming a vast area of prairie land which, owing to poor natural drainage and to the abuse it has received in grain cnltivatio., lies in a water-logged condition till lat, in the spring, and which, even when eulUvated and sub-soiled, is wholly inc.p,ble of producing normal crop. Dr&cge of these laM, will relieve the waLe-logged condition and make them responsive to cultivation, while irrigation will carry the exps grolni on them through the dry period."

PLANS TO PROMOTE IRRIGATION IN WILLAMETTE VALLEY.

The Conservation Commission has undertaken a campaign of education, to the end that the water ajid lands in the Witlamette Valley may be put to the highest use. It is expected that this campaign will cost from fl,000 to $10,000 and be completed in two years.

The first year will be devoted to the gathering of definite information, which will be presented to the public through newspapers, official reports, and by official report to the legislature. The second year an experienced Ieturer will be employed to visit evefl town and district possible and present the facts in an instructive and entertaining manner.

To properly outline a plan of irrigation and drainage for the Willamette Valley will require knowledge as to the relative elevation of different sections of the valley; the location of all possible reservoir sitea; the amount of water available in the various streams, and some knowledge as to soil conditions. As no topographic map is available, it Is proposed by the Commission to have a sketch map made to serve its purpoee temporarily. A tentative plan with preliminary estimates of cost for irrigating each district in the valley will then be worked out. This information wiH doubt]es assist in the organization and constniction of many of the smaller projects.

THE NEW WATER LAW.

On February 24, 1909, an act providing for complete State control of the waters within the State became effective. It is based upon the police power of the State tpreserve the public peace and safety of its water usrs. After 10 months of trial, no defects of importance htve developed, and the law appears to be giving general satisfaction.

The law is somewhat in advanss of other states, in that rights to the use of water for power development are limited to a period of 40 years, and a simple and expeditious method of settling water rights wag incorporated therein. As this

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DESCHUTES RIVER AT (illegible text)

law is of goneral interest to residents of other states as well

as those of Oregon, its general features will be briefly outlined. They are.— (1) The determination of early rights; (2) The protection of existing rights, and (3) The acquisition of new rights.

DEmMINATION OF RIGHTS.

The responsibility of defining rights acquired prior to the adoption of the new law is placed upon a board of control, composed of the State Engineer, as president, and the division superintendents of the two water divisions into which the State is divided. Upon a petition to the board, signed by one or more water users from a stream, a determination of all rights to the use of the waters of that stream will be begun, if, in the opinion of the board, conditions warrant. After thirt’ days’ notice by publication the State Engineer will begin a survey of the stream and ditches, the measurement of water used by the various claimants, and ll gather all necessary data which can be. secured upon the round. The division superintendent of the proper division then proceeds to gather the necessary evidence by testimony required for defining the right of each claimant on the stream. The original evidence, with that taken in contest cases, is then transmitted to the BORn] of Control, and as soon as practicable thereafter an order detennining the relative rights is made. The order of the Board of Control goes into effect immediately and can be enforced un1es prevented in whole or In part by the filing of a stay bond. This order, together with the testimony, is filed with the circuit court of the proper county, and if no exceptions or appeals are taken the court enters an order affirming the order of the board. Appeals from the decree of the circuit court can be had to the supreme court if taken within six months from the date of such decree. Uoon final detennination, water-right certificates are issued by the Board of Control to the parties interested, in accordance with the final decree of the coufl.

PROTECTION OF RIGHTS

Each water division is divided into water districts as the fights along various streams are determined and the need therefor arises. Upon petition of one or more water users in such a district, a water master Is appointed, who has authority to regulate diversions in accordance with determined rIghts, under the direction of the division superintendent. He has authority to make arrests and to compel the intallation Co gTe of necessary headgates and measuring devices for the enforcement of orders or decrees.

If water is stored in a reservoir at the head of a stream. it is the duty of such water master, by regulating headgates, to protect such water when released into a natural channel, permitting its diversion by the rightful owner, less that lost by seepage and evaporation in transit.

ACQUISITION OF RIGHTS.

No right to the use of water can hereafter be acquired without compliance with the law of 1909. This law abolishes the old system of posting a notice on the bank of the stream. Priority of appropriation and beneficial use are the basis of all rights hereafter acquired, and water appropriated for irrigation is made appurtenant to the land irrigated.

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BENHAM FALLS ON THE DESCHUTES RIVER, CROOK COUNTY

The right will date from the recent of an application in the office of the State Engineer. The State Engineer ha authority to return the application for correction, which does not become a permit to appropriate water until it receives his approval, He is authorized in making such approval to reduce the amount of the appropriation, or limit the time, so as to conform with the intent of the law.

A graduated scale of fees for examination and approval of applications is provided in order that the cost of administering the law will he borne by those benefited. Copies of the law and forms for applications, together with instructions, can be secured by addressing the State Engineer, Salem, Oregon. They are simple and can be filled out by any one, sssitad, perhaps, by a surveyor, as a map of the proposed works and lands affected thereby is required as a part of each application.

Work must commence within one year from the date of application and he completed within a reasonable time, as fixed in the permit, not to exceed five years.

If the water i applied to the benefieia use within the time allowed, proof is taken of such fact by the division superintendent and a certificate issued the applicant-by the Board of Control. This certificate is of the same form as issued to early appropriators upon detennination of their rights, and is the foundation of his water right, in the same manner as a patent from the JJnitth States is the foundation of his land title. Chain of title can thereafter be traced through the land recoFds, as the law makes the water appurtenant to the land.

The penalties whieh will- make this law ffectiye awl tI public recordomp1ete And reliable are as follows: - It. shall be- a misdemeanor to la., store, or thvert any water until after the issuance of a permit to appropriate such wat.r. Any person who IjaII -willfuII divert-or u. water to the detriment of others, without compliance with law, shall be dad guilty of * miodeniesoor- s--- - - The poneasion âr ao of water, except WITeTI a right of ise is acquired in- accordance -‘with law, shall be prhMo fade evidence of the guilt of t*..person uth.g ii- - -

RECLAMATION UNDER TERMS OF THE CAREY ACT.

A new law accepting the provisions of the -Carey act was passed at the last esgion of the legislature which includes many of the recommendations made by the former commission. It reoealed the old law which was very defective. During the eight menths of 1909 in which the new law has been in force, four Carey act pFojevts were initiated, which will ultimately result in the reclamation of about 300000 acres of ]and.

In Baker County over $30,000 has already been exoended upon surveys and olans for the construction of an irrigation system in Lower Powder Valley, 14 mfles northeast of Baker City. There are over 60,000 acres of land under the canals as planned. Water will be secured from the regular flow of Powder River. aurmented by storage in Thief Valley, where an 80-foot dam will impound 40,000 acre-feet of water. The upper portion of the project will receive water from Eagle Creek. Plans for a 60.000-acre project in Jordan Valley are well under way, and the lands have b€en withdrawn from entry. About half of these lands are included in one of the miHtary wagon road grants, but will come under the project. A 150- foot dam will be built in Jordan Creek Canyon in Idaho, $ut over the Oregon line from the lands to be irrigated.

Another project is located in Malheur Count,, about 20 miles above Vale, Here 15,000 acres of Government land ha be€n withdrawn from entry. The water will be secured by storage on a branch of Bully Creek.

The largest project Is located in Warner Valley at the eastern edge of Lake County. Over 170,000 acres of the finest quality

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FEED CANAL - P.N. RECLAMATION SERVICE - HERMISTON OREGON

of sagebrush land lies under the canals as projected. Approximately 100000 acres of this is in public ownership and was recently withdrawn from all forms of entry.

besides these four oroitets. two others arc in contemplation, One of the old nrojeet where water rizhIs were sold to 275 pros,N:(tivt tIers and the suj,ilv suf!iden t for only 35 of those who were on the ground, has been revived, and a preI imn try tint rae! tnt end into fc Ir the storage of an adequak, SUPI I ly of water. The law has, therefore, proved satisfactory to investors. It is strict in its provisions as compared with the old law and sets forth the main provisions which must be included in contracts by the State. The main feature is the requirement that a reasonable bond be given by construction companies to h.aure compliance with their contract, and that not less than one dollar per acre be paid to the State as the lands are sold.

The fundamental principles of both these laws have been under trial and proved a success in other states. Through the extensive )ubflcity by the United States Reclamation Service, and the wonderful success of Carey act projects in other states, the bonds of Carey act projects are now in great demand.

For five years prior to the passage of these laws, no new projects were initiated, and with one exception all of the old projects had proved more or less of a fsllure.

CONCLUSIVE PROOF OP THE USEFULNESS OP THESE lAWS

During the last 10 months of 1909, 464 aDplications for permit to appropriate water were filed with the State Engineer. The total cost of DF000sed project8 as given by the applicants will aggregate $80,000,000. The significance of these figures can be appreciated when It Is remembered that two million dollars represented the total cost of all irrigation works built prior to 1902, as shown by the United States census, and six million dollars will doubtless cover all expenditures, including those of the Government, on irrigation works since that time.

Out of 464 applicaUons, 62 have been cancelled and the water restored to entry. Water right applicants have paid to the State a total of $9700, a sum which fully meets all the exoenses of the State Engineers office, including the cost of surveys made in connection with the determination of old water riwhts. The beneñts of the office are thus secured to the State without direct cost tb the taxpayer.

During these 10 months 49 petitions for the determination of water rights on variou! streams of the State have been filed with the Board of Control. The popularity of the law in this respect far exceeded the expectation of the legislature, as the aopropriation for the State Engineer’s office was so limited that the surveys cannot keep pace with demands.

During the past season, all ditches, irrigated lands, power plants, ete., along 16 streams have been surveyed and mapped at a total cost of $4,100. Anoroximately $57500 acres of irrioaftd land have been measured and the area in each legal subdivision determined at a cost of seven and one-half cents per acre. The most important of these streams are the

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THE DESCHUTES RIVER AT BEND

Umatilla River and all its tributaries, Crooked River, Squaw Creek and Tunialo Creek in Crook County, Willow Creek in Morrow County, Willow Creek in Malheur County, and Little Butte Creek in Jackson County.

LACK OF PHYSICAL DATA IN OREGON.

There is perhaps no state in the west more deficient in reliable information as to the physical features of its natural resources than Oregon. The development of irrigation Institutions, of water powers, the construction of good roads, studies of municipal water supplies, the development of inland waterways and of interstate and interurban railways depends more upon a proper classification and inventory of the several resources of the State than upon any other single factor. If these developments are to be encouraged the State mimt begin at once a systematic investigation of these resources. This information can be gathered at a comparatively small cost to the State. The Federal Government is engaged in studying the natural resources of the entire country, and since the states in which they work are the chief beneficiaries it would seem that any state would quickly sei, the opportunity to facilitate the gathering of these data. The United States has repeatedly offered toax,end dollar fordollar in these invest gattone.#dth the states, but as the congressional appropriation for this work lB limited the Federal Government cannot make them unaided as rapidly as their uses demand. Oregon has received her fair share of the congressional appropriations for this work but the State is so large and the resources go manifold that the work accomplished to date makes a very small showing indeed.

The resources in which we are chiefly concerned are those of lands, water, forests, and minerals. Of these perhaps the resources of land and water are the most vital. The development of water powers, of forests, and of minerals and the attendant growth of manufacturing and other industries of the State depend for their success upon a continually increasing agricultural population. But agricultural communities cannot grow unless the development of land and water resources are encouraged. The highest type of agricultural development is found in irrigated sections. Here intensified farming make agricultural pursuits so profitable that three to ten acres of land can be made to support a single family in comfort, and it is this almost unlimited subdivision of land into small units that forms the basis of our national prosperity. The prudent and far-seeing commonwealths will therefore add every inducement to further the up-building of its agricultural pursuits.

Report of the Oregon Conservation Commission to the Governor/1909

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