Page:Report of the Oregon Conservation Commission to the Governor (1908 - 1914).djvu/384

 into consideration the coat of the appropriation and application of such wa.ter to a beneficial purpose, the good faith of the appropriator, the market for water power to be supplied, the present demands therefor, and the im^ome or use that may be ntquired to provide fair and reasonable returns upon the investment. Upon making such order the Board of Control shall direct the State Engineer to issue a certificate showing such determination. For good cause shown the Board of Control may extend the time by granting further certificates.

7, And where appropriations of water heretofore attempted have been undertaken in good faith, and the work of construction or improvement thereunder has been in good faith commenced and diligently prosecuted, such appropriations shall not be set aside or avoided, in proceedings under this act, because of any irregularity or insufficiency of the notice by law, or in the manner of posting, recording or publication thereof.

8. All rights granted or declared by this act shall be adjudicated and determined in the manner and by the tribunals as provided in this act. This act shall not be held to bestow upon any person, association or corporation, any riparian rights where no such rights existed prior to the time this act takes effect. O. L. §6596.)

Section 71. Portland Water Supply.—The exclusive right to the use of the waters of Bull Run and Little Sandy rivers is hereby g^ranted to the city of Portland, and all rights to the waters of the lakes, rivers and streams of this State heretofore acquired for the purposes of municipal water supply are hereby confirmed and no rights which shall be acquired under this act shall impair the rights of any municipal corporation to waters theretofore taken. The Board of Control shall reject, or grant, subject to municipal use, all applications where, in its judgment, the appropriation of the waters applied for impair a municipal water supply. It shall be the duty of municipal corporations of the State, on request of the State Engineer, to furnish to him a statement of the amount and source of the municipal water supply, with probable increase or extension of the same; providsi, that this act shall not be deemed or held to and shall not impair the rights of any person, association or corporation who may, at and prior to the time of this act is filed in the office of the Secretary of State, have any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either the Bull Run or the Little Sandy rivers under laws heretofore in effect or under any valid contract or deed of conveyance heretofore made with or by the city of Portland. (L. O. L. §6672.)

Section 72. Eminent Domain.—The United States, the State, or any person, foreign or domestic corporation or association, may exercise the right of eminent domain to acquire for a public use any property or rights now or hereafter existing when found necessary for the application of water to beneficial uses, including the right to enlarge existing structures and use the same in common with the former owner. Any right of way so acquired shall be so located as to do the least damage to private or public property, consistent with proper and economical engineering construction. Such property or rights may be acquired in the manner provided by law for the takinp of private property for public use.

The right to conduct water from or over the land of another for any public use, including the right to raise any water by means of dams, reservoirs or embankments to a sufficient height to make the same available for the use intended, and the right to any and all land necessary therefor, may be acquired upon payment of just