86 



ACaUIREMENT OF RIGHTS. 



Parties wishing to acquire rights to the streams of Oregon hereafter 

 must file copies of their claims with the State engineer, but he is 

 required simply to make a record of these filings. About fifteen such 

 filmgs have been made since the law went into efi'ect. Whenever the 

 Reclamation Service wishes to investigate the feasibility of using the 

 water of any streams in Oregon it is to file notice of this fact with the 

 State engineer, after which no adverse rights to water filed on by the 

 Reclamation Service can be acquired during a period of three years, 

 at the end of which time the Reclamation Service must file plans for 

 the use of the water or it is again open to appropriation. With these 

 filings, as with those made by private parties, the engineer has notliing 

 to do but record them. The Reclamation Service is also to file with 

 the engineer releases of water previously filed on in case its projects 

 are abandoned. 



The engineer has nothing to do with the distribution of water. 

 The constitution of the State gives the legislature the right to enact 

 laws providing for this, but the legislature has as yet made no provi- 

 sion for it. It is proposed to have the sheriff enforce the decree on 

 the Walla Walla when it is made. The stream, so far as it hes in 

 Oregon, is entirely within Umatilla County, and therefore no com- 

 plications would arise from having the water distributed by the 

 sheriff. The stream, however, flows into Washington, and compli- 

 cations with the people in the latter State might arise. 



SOUTH DAKOTA. 



The office of State engineer of irrigation was created in South 

 Dakota in 1890. The duties of the office were to make general inves- 

 tigations of the artesian supply in the State and confer with manu- 

 facturers of well-drilling machinery and transportation companies, 

 with a view to securing such machinery at the least possible cost. A 

 later law provided for the location of artesian wells by the engineer on 

 application of the residents of any township and for inspection of the 

 completed wells by the engineer. The office was abolished in 1897 

 and provision made for an instructor in the State agricultural college, 

 who should perform the duties of the engineer without expense to the 

 State. 



The matter stood in this wav until 1905, when a general law was 

 passed creating the office of State engineer and providing for the 

 adjudication of existing rights, acquirements of new rights according 

 to the Wyoming system, and for the distribution of water by State 

 officials. Water from all sources not navigable is declared to be the 

 property of the public and subject to appropriation for beneficial use. 

 The engineer is to be appointed by the governor and confirmed by the 

 senate, to hold office for six years and receive a salary of $2,000 per 



