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Walla Walla River Decree

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Walla Walla River Decree IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR U1dATILLA COUNTY IN THE MATTER OF THE DETERMINATION ) OF THE RELATIVE RIGHTS TO THE USE ) OF THE WATERS OF THE WALLA WALLA ) MODIFIED FINDINGS RIVER AND ITS TRIBUT_4RIES, A TRIBU- ) and TARY OF COLUMBIA RIVER . ) DECREE The State Engineer having heretofore made his findings of fact and order of determination herein, determining and establishing the several rights to the use of the waters of the above named stream and its tributaries, and there having been filed with the Clerk of this Court on the 24th day of December, 1930, - the original evidence filed with the State Engineer in connection with such determina- tics, together with a copy of the findings of fact and order of determination of said State Engineer as the same appears of record in his office, and said State Engineer having thereupon procured from this Court an order fixing the 9th day of March, 1931 as the . time at which the determination herein would be heard by this Court, and notice of said hearing and of the time fixed therefor having been duly and regularly given to all parties interested in the matter and within the time required by lax, and exceptions in writing to the findings and order of determina- tion of said State Engineer having been duly and regularly served in the manner required by law and filed herein prior to the time-for said hearing, the Court made an order fixing May ll, 1931, at 10 o'clock A .M . for the hearing upon the exceptions. The Court also appointed J . S . Beckwith as referee to take testimony in event any party or parties desired to take further testimony upon the exceptions filed, and the order provided that a notice to take further testimony should be served on the adverse parties ten days before the date of the hearing, and that no further testimony should be taken on any of the exceptions filed unless notice thereof be-served prior to March 20, 1931 except upon p_oper showing made to the Court . Testimony having been taken on variouo of the exceptions filed, and briefs having been filed by the parties interested upon all the exceptions filed and the cause now being before this Court for decision and having considered all of the evidence herein and the Court being fully advised in the premises, finds as follows: ;~ DECREE - WALLA WALLA RIVER Page 1 1. That the Walla Walla River is situated partly in the northeastern part of Umatilla County, Oregon, and partly in the southern portion of Walla Walla County, Washington, and is a non-navigable, natural water course, tributary to the Columbia ._~ fU V ei', and-!d that said stream and J.ts- Ui'1UI1tt3L1t7U and the 1a3111s 1C'ClgYted tllt7l"el rULU, £Vl" the purpose of these findings, are situated in Umatilla County, Oregon. 2. That on the 10th day of May, 1913 there was filed with the Board of Control of the State of Oregon (later State Nater Board, and now State Engineer) a petition signed by Mary A . Nilson, Harry A . Wells, Mrs . Perry, Frank Eiffert, W . H. Kintner and Fred Eiffert, requesting a determination of the relative rights of the various claimants to the use of the waters of the Little Walla Walla River, a tribu- tary of Walla Walla River ; that on the 10th day of June, 1918, there was filed with the State Water Board of the State of Oregon (now State Engineer) a petition signed by Fred Eiffert, J . W, Keen, W . E . McDaniel et al, requesting a determination of the relative rights to the use of the maters of the East Prong of the Little Walla Walla River, tributary of Walla Walla ?firer ; that on the 29nd day of March, 1919, there was filed with the State Water Board a petition signed by Jasper R . Sams requesting a determination of the relative rights to the use of the waters of Couse Creek and its tributaries, a tri :uatary of Walla Walla River ; That on the 20th day of May, 1920, there was filed with the State Water Board a petition signed by T . J . Green, C . E. Hurrah et a1 requesting a determination of the relative rights to the use of the waters from Wilson and Wells ditch, diverting water from the Middle Fork Walla Walla River, a tributary of the Walla Walla River ; that on the 11th day of January, 1922, there was filed with the State Nater Board a petition signed by M . A . Harrah, Minnie S. Mitchell, at al. requesting a determination of the relative rights to the use of the waters of Spring Creek, tributary of Walla Walla River ; that on the 6th day of October, 1923, there was filed with the State Water Board a petition signed by A . L . Kintner re- questing the determination of the relative rights to the use of the waters of an un- named spring, tributary to tho Walla Walla River ; that on the 8th day of July, 1925, there was riled with the State Engineer a petition signed by F . B . Clark and Ed Lewis, requesting the determination of the relative rights to the use of the waters of Lewis Spring Creek, a tributary of Walla Walla River ; that on the 9th day of January, 1926, there was filed in the office of the State Engineer of the State of Oregon, a petition signed by J . E. Alexander, et al, re questing the determination of the relative rights to the use of waters from the Milton, Freewater Hudson Bay Irrigation Company Canal diverting water from the Walla Walla River ; that on the 21st day of April, ,1926, DEC ;ALU-WALLA FiALLA RIM Page 2 Srr,.•.~. o,..• .+t - .- _.s ~.-vAasa-t.:~:rY.:u_w.a„~.. .n... n,.i. .. ..zw._-•w ~~+rs~rc~•-.. ^s~n5:.:;~.~s.r-u:+N:;,~a.~a. =~~-'--~.~eu .~n» there was filed with the State Engineer a patition signed by Alta Rogers et al, re- questing the determination of the relative rights to the use of the raters of the Falls Walla ?fiver and its tributaries . That the State Engineer, after a fall investi- gation and due consideration of said petition, finding the facts and conditions such as to justify it, fixed a time for the beginning of such examinations and investigations and surveys as would enable him to determine the relative rights of the various claim- ants to the use of the waters of Walla Walla River and all of its tributaries, except those upon which such a determination had heretofore been made. 3. That a notice was prepared by the State Engineer setting forth the fact that such examinations, surveys and investigations of the flow of the stream and of the ditches diverting water therefrom were being conducted, and said notice was publish- ed in two issues of the Milton Eagle, a newspaper printed and published weekly at Milton, County of Umatilla, State of Oregon, said publications being made for two consecutive creeks of the following dates, to-wit : September 9th, 1926 and September 16th, 1926; and said notice was published in two issues of the Freewater Times, a newspaper p rinted and published weekly at Freewater, County of Unatilla, State of Oregon, said publications being made for two consecutive weeks of the following dates, to-wit : September 10th, 1926 and September 17th, 1926 ; said newspapers having general circulation in said Umatilla County . 4. That duly qualified assistants of the State Engineer did proceed to make examinations, surveys and measurements of said stream and its tributaries, and of the ditches and canals or other works diverting water therefrom and surveys of the land irrigated, and gathered such other data and information as were essential to the proper determination of the relative rights of the parties interested ; which said observations and measurements were reduced to writing and made a matter of record in his office . And the State Engineer did cause to be prepared a set of maps or plats on a scale of more than one inch to the mile, showing with substantial accuracy the course of said stream and its tributaries, the location of each ditch or canal divert- ing water therefrom, and the number of acres of land which had been irrigated in each legal subdivision ; blue prints of said maps and plats being now on file and a part of the record herein . 5. That as soon as practicable after the examination and measurements were completed as described in the preceeding paragraph, the State Engineer did prepare a notice setting forth a place and time certain when he would begin the taking of testi- DECREE - WALLA WALLA RIVER j ? Page S .~._sa• r..?+~+F!iY+ . µ'law- .- _.' .^.4'~f--s.+Fi/.~clY`t`a :"+T~Y'cvMh .w`,I.v~.rfsl:ev':e+i~n~+f!+~'e,~r.~_Khn+R'.:i~N!'1T^~ .='i?rt~+l :ti-!iw~!~!'F:.#9~k.A.~.~eYF.!;~11_. _ . .. _ mony (in form of written statements and proofs of claim) as to the relative rights of the various claimants to the use of the waters of said stream and its tributaries; that said notice was published in two issues of the Milton Eagle, a news paper printed and published weekly at Milton, County of Umatilla, State of Oregon, said publication being made for two consecutive weeks of the following dates, to-wit : August 4th, 1927 and August 11th, 1927, and said notice was published in two issues of the Freewater Times, a newspaper printed and published weekly at Freewater, County of Umatilla, State of Oregon, said publication being made for two consecutive weeks of the follow- ing dates, to-wit : August 5th, 1927 and August 12th, 1927 ; said newspapers having general circulation in Umatilla County, the last publication of said notice in each case being at least 30 days prior to the first date fixed for taking claims by the State Engineer.
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