Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/157

Rh 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