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Show OREGON 621 declaration can become an important factor in water resource ad- ministration (see sec. 2.3, infra). b. APPROPRIATION The water code dedicates all of the unallocated waters of the State to the public,14 and specifies that rights must be initiated by the filing of an application with the State engineer.15 The specific procedure which must be followed to perfect a valid appropriation is discussed in section 3.1, infra. C. ADJUDICATION AND DISTRIBUTION Oregon has adopted a statutory procedure for the adjudication of the vested rights of various claimants to the waters of a stream.18 See section 2.2, infra. In order to facilitate the proper distribution of water among those entitiled to its use, the State engineer is to divide the State into water districts. Such districts are to be so constituted "as to secure the best protection to the claimants for water and the most econom- ical supervision on the part of the State."17 However, water districts are not required to be created until deemed necessary. The State engineer may appoint one watermaster for each water district, who serves at his pleasure and is subject to his general supervision and control.18 The engineer has authority to make reasonable regulations to secure the equal and iair distribution of water in accordance with the rights of the various users. Such regulations apply to all water rights that have been established by court decree, by order of the State engineer in general adjudication proceedings, and under per- mits to appropriate water or certificates of water right issued by the State engineer.19 The duties of the watermasters include the division and regulation of water from natural streams, wells, or other sources of supply of the surface or ground water in the district according to the rights of each water user. In connection therewith, the watermaster has the authority to shut and fasten the controlling works on ditches, pumps, or pipelines. The watermasters are further charged with regulation of wells or reservoirs in times of scarcity of water as may be necessary by reason of rights existing from the streams or wells in the district.20 Whenever the users of water from a ditch or reservoir are unable to agree upon the distribution of water, they may request the watermaster to divide the water among them.21 To assist in the distribution of water, all water users are required to maintain satisfactory headgates and suitable measuring devices.22 MSec. 537.110. 15 Sees. 537.120 and 537.130. "Sees. 539.010 to 539.220. 17 Sees. 540.010 et seq. "See. 540.020. 19 Sees. 540.010 et seq. 20 Sec. 540.030. 81 Sec. 540.210. 24 Sees. 540.310 and 540.320. |
