| OCR Text |
Show 626 OREGON doctrine in the water code of 1909. The following procedure now offers the exclusive method of acquiring a water right in Oregon. b. ACQUISITION OF APPROPRIATION RIGHTS The appropriation of the surface waters of the State, including the waters of rivers, lakes, streams, springs, and wastewaters, is governed by provisions of the water code. All waters within the State from all sources have been declared by statute to belong to the public.85 Subject to existing rights, all public waters except those which have been withdrawn by legislative action, by order of the State engineer, or by the water resources board, may be appropriated for beneficial use by complying with the requirements of the water code.86 Any person intending to acquire a water right must make application to the State engineer for a permit to make an appropria- tion. The application must be filed and a permit issued before the ap- plicant can commence the construction, enlargement, or extension of any ditch, canal, or other distribution or control works.87 Each application for a permit to appropriate water must set forth the name and address of the applicant, the source of water supply, the nature and amount of the proposed use, the location and descrip- tion of the proposed diversion and carrying works, and the time within which it is proposed to construct the necessary diversion works and apply the water to the proposed use.88 If the permit is for agricultural purposes, the application must include the legal subdivision of the land to be benefited, as well as the number of acres to be irrigated. If the application is for power purposes, it must describe the nature of the works by which the power is to be developed, the head and the amount of water to be utilized, and the uses to which the power is to be applied. If for the construction of a reservoir, then the application must give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters. If the municipal water supply, the application must state the present population served, and an estimate of the future requirements of the city. If the appropriation is for mining purposes, the filing must give the nature of the mines to be served and the methods of supply in utilizing water.89 All applications must be accompanied by maps and drawings and such data concerning the proposed project and the applicant's ability to construct such project as the State engineer prescribes. This ac- companying data are considered to be a part of the application.90 Upon receipt of the application, the State engineer endorses there- on the date of its receipt. If the application is defective, or lacks satisfactory proof of the applicant's ability to finance and construct the project or of his intention of good faith to construct the project with due diligence, then the application is returned for correction, 85 Sec. 537.110. 80 Sec. 537.130. 88 Sec. 537.140. 89 Id. »°Id. |
