'Sparta Irrigation Company, a corporation, Plaintiff
vs . )
E . F . Cranston and A . N . Ingle, ) Defendants . ) ------
"This cause comes on this 15th day of November, 1916, upon the amended motion of plaintiff for amendment of the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECREE, heret o fore given and made herein, the plaintiff appearing by Messrs Smith & Smith, their attorney s and the defendants a ppearing by Messrs . W. S : Levans, W . H . Strayer and James E . Niohole , their attorneys, and all parties to this suit now and here consenting in open court, tha t the decree heretofore given and made herein, may be amended ae hereinafter set forth and tha t as so amended it may stand as a final judgment and decree of this court and in, lieu of said 31 3 former judgment and decree, now,therefore, in accordance with said stipulation and oonsent i
IT IS c :-T-•IDERED, ORDERED, ADJUDGED AND DECREED That plaintiff is th e owner and entitled to the uninterrupted use and possession of the certain ditch or canal known as S p arta Ditohn in the County of Baker, State of Oregon, extendin g from its head on the V . Fork of Eagle Creek at a point of about 3/4 of a mile sout h of the northwest corner of Section 21, township 6 South of .Range 43 E . W . M., runnin g thence in a generally southerly and southeasterly direction or cola se a distance o f about twenty-five miles for the purpose of conducting water therein from said wes t fork of Eagle Creek, a natural stream, and for using and letting the use of suc h water, for irrigation, mining and domestic purposes, and to and upon the lands o f the stockholders of said plaintiff hereinafter described, and that plaintiff i s also the owner of the right to divert, appropriate and use upon the said lands o f the said stockholders, seven hundred fifty inches of the waters of said stream, the same to be measured and delivered under six inch pressure, miners measurement, at the place of the use of the same, and that F . W. Tallmadge and L . W . Tallmadge , his wife, of said stockholders are to have the use and enjoyment of 3761 inche s thereof, the same to be a p purtenant to the following described lands, to-wit s The S outhwest quarter of the northeast quarter, the west half of the northeees t quarter, the southeast quarter of the northwest quarter, and the southwest quarte r and the west half of the southeast quarter of Section 25, T ownship 8 S outh, Range 43 E . W. M ., and the east half of the southwest quarter, and the southeast quarter o f Section 26, same township and range ; the northwest quarter of the northeast quarter , and the northeast quarter of the northwest quarter, and the northwest quarter of the northwest quarter of Section 36, sametownship and range .
That Maud E . Boyd of said stockholders shall have use and enjoy 139 1 inches of said water as appurtenant to her lands, to-wit= The northeast quarter o f Section 35, and the southwest quarter of the northeast quarter and the southwes t . quarter of the northwest quarter, and the southeast quarter of the northwest quarte r of Section 36, all in township 8 S . R . 43 E . W . M.
That Arthur S . n oyd of said stockholders shall have, use and enjoy 76 Q inches of said appropriation as a ppurtenant to the southeast quarter of the northeas t quarter of Section 23 ; and the southwest quarter of the northwest quarter, and the southeast quarter of the northwest quarter and the northeast quarter of the south - west quarter of Section 24, all in township 8 S . R . 43 E. W. M .
That P . T . Wyatt of said etookholders, shall have, use and enjoy 78 inche s of said appropriation as a p purtenant'to the southwest quarter of the northwest quarte r and the northwest quarter of the southwest quarter of Section 7i in township 9 S . R . 46 E . W. M ., and the southeast quarter of the northeast quarter, and the northeast quarter of the southeast quarter of Section 12, Township 9 S . R . 44 E . W. M .
That N . A . Wyatt, of said stockholders is to have, use and enjoy 79i inohe a of said appropriation as appurtenant to the northwest quarter of the northwest quarte r of Section 7, township 9 S . R . 45 E . W . M ., and the northwest quarter of the southwes t quarter of section 6 in said township and range, and the northeast quarter of the north - east quarter of Section 12, and the southeast quarter of the southeast quarter of Sectio n 1, township 9 S . R . 44 E . W . M . All of said lands of said stockholders lying in Baker , County, State of Oregon .
That the plaintiff is also the owner and entitled to the uninterrupted us e of and possession of that certain ditch or canal known as theHogum Ditch oonduoting water and extending from a point on the west fork of Eagle Greek near the southeast corner of Section 8, Township 6 s outh, Range 43 E . W. M ., and running thence in a genera l southerly and southeasterly direction to a point where the waters conducted in said
,POWDER RIVER -24-
as
ditch are diverted therefrom over the mountainside into Glendenning Creek, a smal l natural stream immediately below said point ; and, thence into said Sparta £itch, an d that plaintiff has the right to the use and possession of said ditch to said poin t for the purpose of slumming said Sparta Ditch and to flow into said Oparta Ditch b y means of said Hogum Ditch, the additional volume of water inoident to said process , and for the aforementioned uses and purposes ; and that the portion of. said Hogum Ditch originally constructed below the aforementioned'point of diversion int o said Glendenning Creek and to a p oint below where defendants claim, ' has for more than 20 years been abandoned and not operated, except as reconstructed by defendants herein , and that plaintiff has no title to said lower portion.
That defendants are the owners and entitled to the uninterrupted use ani possession of that c ertain ditch, designated and named by defendants as Goose Cree k Ditch, extending along the line of the ditch originally oonstructed and named Hogum Ditch from a point on the Northeast quarter of Section 29, Township 6 South, Ri 43 E . W . M., west of the spillway into which . the waters conducted in said Hogum Ditc h are diverted over said mountain side into said Glendenning Creek, and from said poin t to a point on said ditch line from which the quarter section corner on the north lin e of Section, Township 7 S . R . 43 E . W .'M . bears north fifty–six degrees, thirty minutes,, 31 1 West, 1401 feet distance and that defendants have the right to build, . construct an d use said ditch for the purpose of conducting water therein to connect-with Goose Creek at or about said last described point, for irrigation, and domestic purposes .
It is further considered, ordered, adjudged and•decreed, that defendants a d each of them, their servants, agents',- employees and any and all persons olaiming by, through or under them or either of then, be and hereby are, and each ie, enjoined, inhibited and restrained from claiming or asserting any right, title or interes in o r to the portion of the hereinbefore described ditch and ditch line herein decreed to b e the property of plaintiff, and from interfering with plaintiff in its usej• possessio n or operation of said ditch as herein decreed to be the rights of plaintiff ; and th e plaintiff, its officers, agents, or servants and all persons claiming by through o r under it, be and hereby ore and each is, restrained, inhibited and enjoined from claiming or asserting any right, title , or interes in or to the portion of the herein – before described ditch or ditch line decreed to be the property of defendants, an d from interfering with defendants in their use, possession or operation of said ditc h as herein decreed to be the rights of defendants .
And the said parties now stipulating in open .court that this consent de– . area is based in part u p on the agreement and understanding of said parties that no aoti m shall ever be begun by said defendants or their successors in interest for the purpose o f exercising the eminent domain in the matter of enlarging or otherwise condemning sai d Hogum Ditch or any part thereof herein decreed to be the propetty of plaintiff, and the said parties now in open court consenting hereto .
IT IS FURTHER CONSIDERED, ORDERED AND DECREED that neither of the partie s to this suit recover costs or disbursements from the other . ,
(Signed) Gustav Anderson . Circuit Judge . " And the rights of said parties are hereby established in acoordance wit h said decree .
Grant, Trustee, That the Sparta Irrigation Company is the successor in interest of Gbo . h and owns the S parta Ditch in Baker 0 ounty, Oregon, and that part of the Hoagies Ditc
extending from a point on the West Fork of Eagle Creek, near the '' outheast oorner of h Section 8 T . 6 S . R . 43 E . W . M ., to- a point where the water as conducted in said ditc a is diverted into Glendenning Creek, and thence down said Glendenning Creek into Spart k Ditch . That said Cranston and Ingle own said Hoagum Ditch from said Glendenning Cree
to a point from which the quarter section corner on the north line of Section 3 f T . 7 S .
R . 43 E .W .M . bears North 56° 30' West, 1401 feet distant . That all of that part o f
said Hoagum Ditch below said point belongs to said Sparta Irrigation Company . That
said decree found that 750 miners inches of water, under a six inch pressure, delivere d
at the place of use, was sufficient water to irrigate the lands of theetookholder s
POWDER RIVER -25
of said Sparta Ditch Company . That said Sparta Ditch is 30 mi .es,,n lengths that' ,.the
seepage in said ditch would be great . That a reasonable seepage'-to be allowed said':.. a 1' Sparta Ditch would be about ' 250 miners inches . .. That the water master of the .: district
shall ' allow for seepage in the distribution of
aggregates ; not to exceed 250 miners inches .
That the stookholders and water users from said Sparta,Ditoh .,Company- `ares` `
F. W. Tallmadge, L . W . Tallmadge, .Maud E . Boyd, . Arthur . S . Boyds' P.,T Wyatt and W . A . Wyatt, and the land to be irrigated is described in the tabulation hereinafter eet'fort h
Contest #22 . Goo, Chandler, .S . Osborn, C la;yton .Coleman, OrinOsborn, ,
G. H. Perkins, heirs of E . P . Perkins, J. P . Evans; Harvey Harrison,` Bent Landreth, '
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thoe. Kirkby,•, William Elliott, Earl Stephenson, Ed York, Eppinger Brothers,'Mrs . ' M .; .Grier, Jame s
York, B . F. Toney, James McEnroe, Wm . A . Jackson, George W. Jenkins, administrator , contestants, vs . Matilda Grier, Lily Daly, Clara Grier, Vesta Langrel,l and Pearl
Shrader, W . C . Hindman, T . C . Huff, Arminda Jackson, T. J. Jackson, S.H . Jackson,
Ellen E . Littlefield, A . E . Lucas, W. W . Lucas, Elizabeth May, MoCrary Ditch Company,
Lizzie A . .Morson, R . R . Palmer, and H . E. Denham, Otis J . Payton, Rose Payton, W .A. Payton
R . E. Payton, Alma Payton, Oslo M. Smith, Powder River Gold Dredging °ompany, Edit h
Rizor, H . J. Rizor, 0illiam A . Roundy, Ado ;.ph Schiller, J . E . Sherman, A . S. Schookley , Grace Hindman, widow, Fay Hindman, Isabel Hindman, Richard Hindman and Dorothy Hindman,
minor heirs of H . H . Hindman, deceased, W. L. Smith, R . L . Stewart and J. M . Stewart ,
Stoodard Lumber Company, Susannah Trusoott, S . L . Turley, West Side Ditch Company, a
corporation, D . L . Shaw, Rymbol T . Young, Ed . C . Bowen, O . C . Shelley, M . S. Hughes ,
J. H . Taylor, Wilson Ross and Van Nordheim, D . C . Perkins; Priscilla Baldook, Baker City Mutual Irrigation C ompany, Clara Burton, Joseph Gorton, R . E . noyoe, P . P . Correll ,
the Cranston Land Company, Lulu P . Currey, East Baker Irrigation and Mining vompany, h W. D . Emele, J . A . Geddes and Wm . Pullman, contestees, involves all of the same partie s mentioned in the contests hereinafter set forth, and the findings hereinafter made i n
reference to such contests are decisive of this contest .
33 .
Contest #23 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn,
G. H . Perkins, heirs of E . P . Perkins, J. P . Evans, Harvey Harrison, Bent Landreth , Carl Parker, administrator of the Estate of Johanathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, James York,
POWDRS RIVER -26- master shall only distribute water to such water users as have written contracts wit h said company, and then shall distribute such water in accordance with such writte n contrccts .
98 .
That in all cases :therein approp riations of water are claimed from springs , the owners of the land ur,on which said springs arise shall have the first and prior right to the use of the waters from said springs, and any and all appropriations by any person of water from a spring arising on other land than that owned by said parso n shall be subject to the first and prior use of the waters from said spring by the owner of said land upon which said spring arises, except as herein otherwise express- ly provided .
99 .
That in all cases herein where a water right for stT'ege is found to exist, the waters stored under such right shall be used upon the land for which the seme's:as 1 43 . stored, and in these findings referred to as being the land for which the same wa s stored, provided, that in all cases where water is stored for the purpose of sale, that none of such stored water shall be sold to any person not'having a water right unde r these findings, or secured a water right under the provisions of law .
100 .
That the Pocahontas Mining and Irrigation Company has the following stock - holders and users from its ditch : James Akers, J . M . Bowles, Dorcas A . Brown, Julia
A . Brown, John Cavin, James Cavin, P .Crabill, Hugh Doherty, Harlow J . Evans, Haman E . Jordan, Mary E . Jordan, Charles W . Kelly, James A . Kelly, W . B . Landreth, Fret a
Morin, Ella M . Osborn and M . E . Roberts .
That the lands irrigated by each of said stockholders are described in the ,
tabulation . That James Akers, J . M . Bowles, Dorcas A . Brown, W . B . Landreth and Ella -
M. Osborn, have rights only through the Pocahontas Mining & Irrigation Company' s
Ditch from Marble and Mill Creeks .; that Julia A . Brown besides having rights from -
Marble and Mill Creeks, has rights from Spring Creek, McCord Gulch and a spring ; that .
John Cavin has rights from Cavin Springs and Roberts Springs ; that James Cavin has rights from Cavin Spring; that P . Crabill has rights from Spring Creek, Crabill Swamp .
and springs, and Kelly and Cavin Springs ; that Hugh Doherty has a right from Goodrich
Creek through Doherty Ditch . Harlow J . Evans, Haman E . Jordan, and Mary E . Jordan have rights from Ialmon Creek; that Charles W . Aelly has rights from McCord Gulch ,
a spring, and Salmon Creek ; that James A . Kelly has rights from Kelly Spring, Sprin g Creek, Cavin and Grabill Springs ; that Freta Morin has rights from Morin Springs, an d
W . E . Roberts has rights from Roberts Springs, as shown in the tabulation .
PO7TDHR RIVER -84–
B . F . Toney, James McEnroe, Wm . A . ~Jackson,'George W. Jenkins, administrator, oontestants, aae pat ~~~~ vH+~ dtRVaa'.a. -8- r c-A.se ra..a ~- . ~ m 6 q 3 `f vs . J . H . T .,ylbe, uuu esta8,
35 .
Contest #25 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn, G . H.
Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bert Landreth, Carl Parker ,
administrator of the Estate of Jonathan Parker, deceased, Thos . Kirkb y ,, William Elliott ,
Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, James'York;` :Bi' F .
James MoEnroe, Wm . A . Jackson, George W . Jenkins, adminstrator, contestants ,
M . S . Hughes, contestee . Was partially settled by stipulation and partially :dismissed, -
as follows : The .Estate of J . A . Geddes and William Pollmaa intervened in said „ opntest ,
and it was stipulated and agreed that said Gedde s , and Pollman should have the, use,.dfi a11'' :
of the waters which they diverted through the ' Eustace & Geddes : & Snav9ly Consolidate d
Ditch, as of the date of 1878, excepting 25 inches thereof as of said"date, which sai d
25 inches shall be awarded to said M . S . Hughes . And it was further stipulated . that
said M. S . Hughes should have the further right to 26 inches of water as of the dat e
1902, and that said Geddes and Pollman should have a further right to the use of th e
water as of date 1902 . It appears from the claim filed herein, that• :aaid Geddes ;&'
Pollman irrigated about 45 acres in 1878, and 372 acres were for irrigation of 1902, -;
and the right of said Geddes & Pollman for the diversion_of water . through said ditc h
shall be for 45 acres as of the date 1878 and 372 acres as of the date 1902 .„-`''further, '
appears that said M . S . Hughes diverted water for 45 acres-of land through the ttilliaae ' '
& McDougall Ditch, 25 acres as of date 1878, and 20 sores as ,of date 1883,and for•76 '
acres of land through the Eppinger Ditch as of date of 1883, and 40 twee through th e
Shelly–Hughes Ditch, 15 acres as of date of 1883 and 25 acres as of date' :ef 1902 .
That based thereon, . said parties are entitled to a water right as .of,he dates' of said .
diversions, and said dates have been so tabulated in the tabulation hereinafter. set'for :th.
36 . .
Contest #26 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn, G . H .
Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bert' Landreth, CarlParker ,
administrator of the Estate of Jonathan Parker, deceased, Thos . Kirkby, William Elliott, . Brother s Earl Stephenson, Ed York, Eppinger ,,, Mrs . M . Grier, James York, B . F. Toney, Jame s ,
MoEnroe, Wm . A . Jackson, Geo . W . Jenkins, Admr ., contestants, vs . 0, ;'E . Jackson, oonteatee ,
. Was dismissed ' by contestants .
37 .
Contest #27 . Geo . Chandler, S . ; Osborn, , Clayton Coleman,
administrator of the Estate of Jonathan Parker, de c o d, x.17206 Kirkby,,iPi, iliaM 440 '4 ,
Earl Stephenson, Ed York, Eppinger Bros ., Mrs . M . Grier, ' James Yor3C, ., B . ' F. ,Toney," James
MoEnroe, Wm . A . Jackson, Geo . W . Jenkins, adminstrator,'oontestaata, vs . 0 . 0 . Shelley,
contestee . Was dismissed .
38 .
Contest #28 . Geo . Chandler, S .•Osborn, Clayton Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P : Perkins, J . P . Evans, Harvey Harrison, Bert Landreth,
Carl Parker, administrator of the Estate of Jonathan Parker, deceased . Thos Kirkby,
William Elliott, Earl Stephenson, Ed York, tppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, Win . A . Jackson, Geo . W . Jenkins, administrator,
contestants, vs . Arminda Jackson, contestee . Was dismissed .
39 .
Contest #29 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bert Landreth,
Carl Parker, administrator of the Estate of Johnathan Parker, deoessed, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James McEnroe, Win . A . Jackson, Geo . W. Jenkins, administrator ,
contestants, vs . Ed . C . Bowen, contestee . Was stipulated to the effeot that the
contestee should have a priority date of 1871, for all of the lands irrigated by sai d
contestee, except 60 acres described as the N4 of SE and W- of 8H of 8W4, Sec . 32,
T 1 -0) . R . 40 E . W . M . and that for these 60 acres said contestee should have a
date of p riority of 1884, and the tabulation hereinafter set forth shall show the date s
as found in this finding .
40 .
Contest #30 . Geo . Chandler, S . Osborn, Clayton Uoleman, Orin "sborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bert Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William E lliott, Earl Stephenson, Ed York, Eppinger, Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James Mch roe, Wm . A . Jackson, George W . Jenkins, adminstrator ,
contestants, vs . Rymbol T . Young, contestee . Was dismissed .
41 .
Contest #31 . Geo . Chandler, S . Osborn, Clayton U oleman, Orin Osborn,
G . H . Perkins, Heirs oft . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
POWD? RIVER -28-
land irrigated by said McCrary Ditch c ompany is sa approximately, 40 eorge ; `that se , lands are irrigated by said company, consisting of lots o and :biooke~in Madre y t a ` ditton, ,in the City of Baker . That by reason of the etAail holdi,ngo of the users through said ditch, it is necessary for each uses ~b have a head of at°least ~ r ~,t two inches peraacre, and the water shall be diverted for such company in such a . nmunsb•' : as to give the users thereof a head of two inches perpaorer but attend time intexoes8 o f . said amount and such amount shall be diminished as systems of rotabion may be iaeugu"rated so that such water users may not be supplied with an -exoeea amount of water Said„J stipulation further provided that should said company decrease the • ::amount of lands it- ' rigated by it, that the amount of water diverted shall be proportionately decreased . . .
Contest #32 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin O sborn, G . N . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth, `
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby, William Elliott, Earl Stephenson, Ed York, 4 ppinger Brothers, Mrs . M. Grier, Jame s York, B . F . Toney, James MoEnroe, Wm . A . Jaokso;, George W. Jenkins, administrator , Contestants, vs . T . C . Huff, oontewtee . Was stipulated to the effect that said T . C . Huff should have a priority date as of the year 1902, and the tabulation herein — after set forth shall show the date as found in this finding .
43 .
Contest #33 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin Osborn , G . H. Perkins, Heirs of E . P . .Perkins, J. P . Evans, Harvey Harrison, Bent L andreth,
Carl Parker administrator of the Estate of Johnathan Parker, deceased, Thos, Kirkby , William Elliott, Earl Ste phenson, Ed York, Lppinger Brothers, Mrs . M . Grier, Fame s York, B . F . Toney, James'MoEnroe, Wm . A . Jackson, George W . Jenkins, adminstrator, contestants, vs . h . H . Shaw, contestee . Was settled in the following manner s
The contestee filed affidavits amending his claim for the use of water as follows :
That from Timber, Juniper and Dry Gulches, he should have water under date of May 11 , 1905, for 25 acres in N ;•f;;iTV ; 41 .74 acres in SV!4NW ; 39 acres in NV//SRW ; 35 stores i n
SW4SW ' Sac . 18, T 10 S . R . 40 E ., and from Powder River he ah ould have water for th e
irrigation of 36 acres in NB NE& and 7 acres in NM H , Sec . 18, T 10 S . R . 40 E ., an d
POWDER RIVER -29-
asking for ten miners inches of water to run the entire year from Powder River throug h
the Shaw—Stewart Ditch for the purpose of stook water . It further ap p earing that wate r
right certificates based upon State Engineer's permits have been issued for the followin g
described lands : 25 acres in H NV/ ; 41 .74 acres in SWiNWW ; 39 . acres in NW SWy ; 36 acre s
in S ;' SW S e c . 18, T 10 S . It . 40 E ., that such lands are therefore omitted from thi s
decree as already having water rights duly settled . That for the balance of the land s
herein described, the rights are set out in the tabulation herein . ?1 9
44 .
Contest 434 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P .' Evans, Harvey Harrison, Bent Landreth,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe,, Wm . A . Jackson, George W . Jenkins, administrator ,
contestants, vs . West Side Ditch Comp any, a corporation, contestee . Was stipulate d
to the effect that the duty of water thereon should not exceed two'miners inches pe r
acre, and that should said West Side Ditch Company reduoe the acreage irrigated, tha t
the amount of water should be proportionatley reduced . The West Side Ditch Company
irrigated a number of lots and blocks within the City of Baker, and on account of th e
small holdings, the water users thereunder are comp elled to have a head of two Inche s
per acre for the irrigation of their lands . That the diversion of water shall not ex-
oeed two inches per acre, and shall be push an amount less as the inauguration of a
p roper system of rotation by the water master will demonstrate is sufficient .
45 .
Contest #35 . Geo Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of H . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, Wm. A . Jackson, George W . Jenkins, administrator ,
contestants, vs . W . C . Hindman, contestee . Was stipulated to the effect that thoul d
there be in any season a shortage of water suffered by the parties hereto, then a s
between the contestants and the contestee, the water shall be distributed betwee n
said contestants and the contestee, in proportion to the acreage held by them withou t
regard to priority dates between them . The water master shall distribute the water
in accordance with this stipulation so long as such distribution does not interfer e
with the distribution of water and the rights of others having a priority date, wh o
are not parties to this contest, and in case the distribution of water in accordanc e
s with this st i pulation should interfere with the rights of others not parties to thi
contest who have a priority date, then said water master bhall strictly observe th e
POWDER RIVER -30- . dates of priority in the distribution of Such water .
46 .
Contest #36 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, .Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, E ppinger Brothers, " rs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, Wm . A . Jaokson, Geo . W. Jenkins, administrator ,
contestants, vs . Matilda Grier, Lilly Daly, Clara Grier, Vesta Langrell and Pear l
8hrader, contestees . Was dismissed .
47 .
Contest #37 . Geo Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deaeased, Thos . Kirkby ,
William Elliott, Earl Ste phenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, Wm . A . Jackson, Geo . W. Jenkins, administrator ,
contestants, vs . J . A . Geddes and Wm . Pollman, contestees : Was settled by stipu-
lation to the effect that the contestees should have a priority date of 1895 for te n acres of land in the NE3s of NE4 Sec . 16, T 9 S . R . 40 E . W. M., and a priority
date of 1902 for forty acres in the SE .i of SWi Sao . 23, T . 8 S . R . 40 E . W. M . Tha t as to the lands claimed by contestee under the Geddes—Snavely, and Eustaae—Gedde s
Consolidated Ditch, the contestee should have a date of 1878 for the lands i n
Section 33, being 33 acres in the SWi of NB4 ; 12 acres in the 3Fr4 of NW ; sai d
Section 33, and for the balance of the lands under said ditch, being 372 acres, of a priority date of 1902 . That the lands of the contestee under the Geddes Ditch i n
Section 33, being twenty acres in the SWi of NPA ; twenty—eight aures in the SE4 of N\i4,
should have a priority date of 1874, and the balance of said lands being 120 tares , of a priority date of 1906 . That for the lands under the Geddes—Osborn & Chamber s
Ditch the oontestants sti pulated that the contestees should have an equal use of th e waters therein, in proportion to the acreage, without regard to the dates of priority, . and the water master shall so distribute the water from said ditch, It appears that
the water users therefrom are Clayton Coleman, Geddes & Pollman, Mary Landreth ,
S . Osborn, Orin R . Osborn, Heirs of E . P . Perkins, Ed . York and James York, A 6 to th e balance of the lands of said Geddes & Pollman, the tabulation ehalllshow as th e
claims have stated .
It further appearing that contestee Pollman was further interested in the hand s
irrigated by Mack & Pollman, and that said Mack &Pollman, irrigated 160 sores of lan d
through the Estes Ditch as of the priority date of 1865 . That the pirties using sai d
POWDER RIVER—31—
waters from said Estes Ditch are as followss Emma Baldook, Rose L . Borten, Geo . Chandler,
F. W . Eppinger and Chas . Eppinger, Meda V . Ferguson, G . R . Hodgins and John Rohner, J . E .
Horn, Mary Landreth, Amy Lewis, Thos . Mack & Wm . Pollman, Orin R . Osborn, S . Osborn, W. L .
Patterson, W . A . Payton, Otis J. Payton, Rose Payton, Alma Payton, Armand W . Perkins ,
Earl P . Stephenson, Nancy E . Toney and S. L . Turley . That the E . P . Perkins estate ,
G. H . Perkins and Harvey Harrison claim the overflow waters and to use the water through
the Estes Ditch by the parties thereto . That the parties dntered into a stipulation to . 321
the effect that the use of the waters of Powder River through the Estee Ditch , b y
all of the parties using the waters through said ditch, shall be equal in proportio n
to the acreage, without regard to the dates of priority, and the water master shall s 0
distribute the water from said ditch .
48 .
Contest #38 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin Oebonr ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth,
Carl Parker, Administrator of the estate of Jonathan Parker ; : deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Lpp inger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, George W . Jenkins, administrator ,
contestants, vs . W . D . Emele, contestee . Was settled by atipulation, and it appear -
ing that Amanda C . Moore was substituted as contestee, in accordance with sai d
stipulation the date of priority for the irrigation of the lands by the olaimant wa s
1899, said date being the date of the construction of the ditch for the irrigation o f
said lands . _
49 .
Contest #39 . Gaol Chandler, S . Osborn, Clayton, Coleman, Orin Osborn, G . H .
Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth, Car l
Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Erl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James ilcEnroe, Wm . A . Jackson, George W. Jenkins, administrator,
contestants, vs . P . P . Correll, contestee . Was dismissed .
50 .
Contest #40 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn, G .H .
Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrisop, Bent Landreth, Car l
Parker, administrator of the Estate of Johnathan Parker, decedsed, Thos . Kirkby,
William E lliott, Earl Ste phenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James McEnroe, Whs . A . Jackson, George W. Jenkins, administrator ,
contestants, vs . Ross Wilson and H . Van Nordheim, oontestees . Was settled b y
stipulation . The contestees herein oorredted their claim by filing an affidavi t
POWDER RIVER -32 showing the lands irrigated as follows, to-wit : 34 acres in N 4NP ; 13 aores i n
SWtNWW Section 17 ; 40 acres in Sl NE-3 ; 16 .7 acres in 52 EFJ4 ; 38 acres in NB SB4 t 25 .4 acres in N14SE ; 19 .2 acres in SH SE4 ; 23 .2 aures in SW SB ; 2 acres in NEl:NEt ; 82 2 Section 18 and 5 acres in NE- BB ; Section 19, T . 10 S . R . 40 E . That upon such
correction being made, it was stipulated that the contestee should have sufficien t water to irrigate said land, not exceeding one miners inch per acre, and shou ;d hav e an amount of water not exceeding 25 inches running through their ditch the entire yea r
for stock water, and the use of water shall be governed by the general findings herein as to the duty of water, rotation and distribution .
51.
Contest #41. Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn, $.H.
Perkins, Heirs of E . P . Perkins, J . P . Evans, Harry Harrison, Bent Landreth, Car l Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F. Toney, James Monroe, Vim . A . Jackson, Geo . W . Jenkins, administrator, ' contestants, vs . D . C . Perkins, was dismissed .
52.
Oontest #42 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn,
G. H . Perkins, Heirs of E . P . Perkins, J. P. Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of J o hnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs. Ml Grier, Jame s
York, B . F. Toney, James McEnroe, \h . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . Priscilla Baldock, Contestee . Was stipulated to the effect tha t the dote of priority of contestee be of the year 1887 .
53 .
Contest #43 . Geo . Chandler, S . Osborn, Clayton C ole mmn, Orin Osborn,
G. H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth , Carl Parker, administrator of the estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, sirs . M . Grier, Jame s
York, B. F. Toney, James Mc:rnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . Baker City Mutual Irrigation Company, contestees . Was stipulate d to the effect that the oontestee, Baker' City Mutual Irrigation Company, should hav e
not to exceed two miners inches of water per acre, and that as the a oreage was r e-
duaed that the amount of water should be proportionately reduced . And it appearin g
that the contestee irrigated lots and blocks within the City of Baker, and that b y
POWDER RIVER -33- reason of the holding of said water .users being small, they required a head of wate r of two miners inches per acre, and said oompany shall have the right to divert a hea d of water not exceeding two miners inches per acre, provided always, that ' euoh hea d shall be reduced as the water master may in practice find that such head can be re — duped, either by rotation or other methods and means of distribution . 32 3
54 .
Contest #44 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, , J . P . Evans, Harvey Harrison, Bent ;andseth,
Carl Parker, administrator of the estate of Johathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Ste phenson, Ed York, Eppinger Brothers, Mrs . M1 Grier, Jame s
York, B . F . . Toney, James MoEnroe . Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . Clara Barton, contestee . Was stipulated to the effeot that th e
oontestee should have a priority date of 1878 .
55 .
Contest #45 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J. P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the estate of Johnathan Parker, deceased, Thos . Kirkby,
William hlliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M. Grier, 'J ame s
York, B . F . T oney, James McEnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator, .
contestants, vs . Joseph Berton, oontestee . Was stipulated to the effeot that the
contestee irrigate forty acres of land in 1879, and inoreased the same to eight y
acres between 1884 and 1886, and increased the irrigated area,to 160 acres from 190 1
to 1912, and the tabulation hereinafter shall diva/ the water rights in accordanc e
with those dates .
56 .
Contest #46 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J. P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the estate of Johathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed . York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . T oney, James MoEnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . R . E . " oyce, contestee . Was dismissed .
57 .
Contest #47 . Geo . t andler, S . Osborn, Clayton C oleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landret h
POWDER RIVER -34 Carl Parker, administrator of the estate of Johnathan Parker, deoeased, 4hos . Kirkby,
William Elliott, Earl Ste phenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F. Toney, James McEnroe, Sm . A . Jackson, Geo . W . Jenkins, administrator, contestants, vs . The Cranston Land C ompany, Contestee . Was stipulated to th e
effect that 120 acres of land should be irrigated through Baldook Slough, with a priority date of 1865 . 32 4
58 .
Contest #48 : Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn , G. H . Perkins, Heirs of E . P . Perkins, J. P. Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M. Grier, Jame s York, B . F. Toney, James MoEnroe, Wm . A . Jackson, Geo . W. Jenkins, administrator ,
contestants, vs . Lulu P. Currey, contestee . Was stipulated to the a ffeot tha t
the contestee should have a priority date of 1871, for the irrigation of 268 acre s
of land from Powder River through the Lulu P . Currey Dit oh, and that the conteste e
should farther have the right to irrigate land under a State Engineer's Permit No .
52, in accordance with the laws governing such permit .
59.
Contest #49. Geo . Caendler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Parker, Heirs of. E. P . Perkins, J. P . Evans, Harvey Harrisop, Bent Landreth ,
Carl Parker, administrator of the estate of Johnathan Parker, deoeased, Thos, Kirkby,
William Elliott, Earl Stephenson, Ed York, appinger Brothers, Mrs . M . Grier, Jame s
York, B . F. Toney, James MoEnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator,
contestants, vs . East Baker Irrigation and Milling C ompany, contestee . Was stipu-
lated to the effect that the contestee should reduce its claim as to the priorit y
date from 1863 to 1867, provided, that the right of contestee should be inferior i n
time and right to the E . P . Parkins Heirs, for the irrigation of 39 acres of land as
set out in the tabulation hereinafter, through the Perkins Ditch #2, and it appearing
that the .water right used through the Perkins Ditch #2 was initiated in the year 1892 ,
such stipulation is a waiver of the date of priority until after the year 1892 . It
further appears that the contestee irrigated 120 acres of land within the City Limit s
of Baker, 30 acres of which is irrigated by A . R . Zeller under priority date of 1893 ,
and 272 acres of land outside of the limits of the City of Baker, 195 acres of which
land lying outside of the City of Baker has a water right through the New Home Ditc h
. as of the date 1904, 50 acres of which is irrigated by C . L . Palmer under a priorit y date of 1899, 8 acres of which is irrigated by Geo . A . Wright under a priority date of
1900, 2 acres of which is irrigated by E . Weber under a priority date of 1904, an d
POWDER RIVER -35
2 acres of which is irrigated by Casper Wasser under a priority date of 1900 .
The right of said contestee should therefore be fixed as follows, to —wit :
For the irrigation of the lands within the City Limits of the City of •Baker, not t O
exceed 90 acres, a priority date of 18931 for the irrigation of the lands of Caspe r
Nasser and Geo . A . Wright, a priority date of 1900 ; for the irrigation of the land s
of C . L . Palmer, a priority date of 1899, and for the balance of said lands being the lands of E . Weber and Cranston Land 'omp any and others, a priority date of 1904 . z25
60 .
Contest *50 . Geo . Chandler, S . Osborn, Clayton O oleman, Orin Osbor n
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, 1 'ppingar Brothers, '"r s . M . Grier, Jame s
York, B . F . Toney, 'J ames MoEnroe, Wm . A . J ackson, Geo . W . J enkins, administrator,
contestants, vs . J . J. Jackson, contestee . Was dismissed .
61 .
Contest *51 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey H arrison, Bent Landreth,
Carl Parker, administrator of the Estate of Johathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, L ppinger Brothers, Mrs . M. Grier, Jame s
York, B . F . Toney, James HCEnroe, WE . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . S . H . J ackson, contestee . Was dismissed .
62 .
C ontest *52 . Geo . Chandlers,S . Osborn, Clayton Coleman, Orin O sborn,
G . H . Perkins, Hairs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Ste phenson, Ed York, Eopinger Brothers, mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator,
contestants, vs . Ellen E . Littlefield, contestee . Was stipulated to the effect that
the contestee should have the right to irrigate 40 acres of land inthe NE4 of SB ;
40 acres in the SE4 of SEL Seo . 5 ; and 160 acres in the Si* of Section 4 as of the
date 1878 . 40 acres in the NL of SFrq ; 40 acres in the NW4 of SE4 ; Section 4, T . 9 S . ,
R . 40E . W . M . as of the date 1903 .
63 .
Contest *53 . Geo . Chandler, S . Osborn, Clayton C oleman, Orin . C sborn,
POWDER RIVER—36
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEnroe, WM . A . Jackson, Geo . W. Jenkins, administrator ,
contestants, vs . A . E . Lucas, contestee . Was dismissed .
64 .
Contest #54 . Geo .Chandler, S . Osborn, C layton Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth , 32 6
C arl Parker, administrator of the Estate of Johnathan Parker, deceased, Thee : Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M. Grier, 'J ames
York, B . F . Toney, James McEnroe,• Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . W . W . Lucas, oontestee . Was dismissed .
86 .
Contest #55 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin O sborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of J hnathan Parker, deceased, Thos . Kirkby, n William E lliott, Earl Stephenson, Ed York, Eppinger Brothers, mrs . M. Grier, Jame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, Geo . W. Jenkins, administrator,
contestants, vs . S . L . Turley, contestee . W$s stipulated to the effect that th e
water for the irrigation of the SE- of IIWW and NEq of SV4 and SE4 of W Seo . 12 ,
and NE4 of NW i, Section 13, T . 8 S . R . 39 E . W . M., should be diverted and use d
through Old Settlers Slough, and that the balance of the waters used bysaid con -
testees should be diverted and used through the Estas Ditch .
66 .
Contest #56 . Geo. C handler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans. , harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, E ppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James Mohnroe, WM . A . Jackson, Geo . W . Jenkins, administrator,
contestants, vs . Susannah Truscott, contestee . Was stipulated that as to the land s
irrigated in the NF1; of SEy and the R Wi of SE47 Section 34, T . 8 S . R . 40 E . W . M . ,
consisting of two acres thereof, should have a priority date of 1873, and the balanc e
of the lands irrigated under the eighty acre tract, should have a priority date o f
1893, and that for the lands irrigated in the SEi of SE4, Section 34, T . 8 S . R . 40 E .
W . M . and in the NE-y of NF1i, Section 3, T . 9 S . R . 40 E . W . M ., being 48 acres shoul d
have a priority date of 1865 .
POWDER RIVER -37 -
'67 .
Contest #67 . Geo . Chandler, S . Osborn, Clayton dolman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, H arvey Harrison, Bent Landreth,
Carl .Parker, administrator of the Estate of Johnathan Parker, deceased,' Thos, Kirkby,
William Elliott, Earl Stephenson,' Ed York, Eppinger Brothers, Mrs . H. Grier,
York ; B . F . Toney, J ames MoEnroe, Wm . A . Jaokson, Geo . W . Jenkins,
contestants, vs . Stoddard Lumber Company, oontestee . Was dismissed . "
68 .
Contest #58 . Geo . Chandler, S . Osborn, Clayton 'oleman, Orin Osbor n
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent .Landreth,,
Carl P arker, administrator of the Estate of Johnathan Parker, deceased,` 1'hoa . Kirkby,.
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, "'re . M. Grier, J ame s
York, B . F. Toney, James McE nroe, AM . A . Jackson, Geo . W. Jenkins, administrator,
contestants, vs . R . L . and J . M . Stewart, contestee . Wasstipulated to the effeot ,
that the lands in the Nita of NWt of Section 8, and the of 1B of Section 7,
T 10 S . R . 40 E . W . M ., should have a priority date of 1892 . And it`appearin g
from the claim of said contestees that 80 acres were irrigated in 1869, 42 .4 acre s
in 18°C, and 167 .9 acres were irrigated in 1892, the tabulation herein : shall show
said three dates as being the dates of priority for the water rights of the a onte.stees .• .
69 .
Contest #59 . Geo . Chandler, 8 . Osborn, Olayton( bolemau,1Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, h arvey Kartieon, Bent Landreth ,
Carl P arker, administrator of the Estate of Johnathan Parker, deceased,oa .,Klrkby,
William E lliott, Earl Stephenson, Ed York, Eppinger Brothers, rs Grier,' Jame s
York, B . F . Toney, James MoEnroe, Wm . A . Jackson, Geo . W. Jenkins, administrator,
contestants, vs . W . L . Smith, contestee . Was stipulated to the'effeot that the .,
priority of said W. L . Smith should be 1869,' and that he should not divert more :than
tan miners inches of water . That in the diversion of water ; sai d
governed by the general findings herein .
70 .
Contest #60 . Geo . d handler, S . O sborn,' Clayton dolemen; . Orin . Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . , P. Evans, : n arvey Harrison,' Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker,ideceased, Thos .ffirkby,
William Elliott, Earl St e phenson, Ed York, Eppinger Brothers, Mre . M . Grier,ftame s
York, B . F . Toney, James McDnroe, Wm . A . Jackson, Geo . W. Jenkins, administrator,,
contestants, vs . A . S . Sohockley, Grace Hindman, ti.dow ;Fdy, Isabel, Richard and Dorothy Hindman, minor heirs of H . H . Hindman, deceased, contestees . Was .stipulate d
to the effect that in any season of shortage of water, the waters shouldbe .distributed'- .
between the contestanst and the contestees in proportion to the acreage held by them
without regard to priorities held by them, and the water master in distributing the
water shall be governed by said stipulation, provided, that in distributing the water s ti in accordance therewith, such distribution does not infringe upon the rights of any
persons not parties hereto, and in the event that such distribution does infringe up o n
the runts of aay p ersons not parties to said stipulation, then, and in that event ,
said water master shall distribute the water according to the dates of priority with — out regard to said stipulation .
71 .
Contest 461 . Geo . Chandler, S . O sborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, ' J .'P . Evans, H arvey Harrison Bent Landreth, ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos. Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, J ame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, Gee .W .'Jenkins, administrator , contestants, vs . J . E . Sherman, contestee . Was stipulated to the effect that th e
contestoa should have a priority date of 1885, for 40 acres in thO S',4 of NE4, Section
34, T . 8 S . R . 40 E . W . M ., and 1895 for 80 acres in the Ni of SE-4, Section 3, T . 9 S . ,
R . 40 E . W . 2 .
72 .
G ontost 1;62 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn, ,
G . H . Perkins, Heirs of E . P . Perkin's, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James MoEuroe, Wm . A . Jackson,. Geo . W . Jenkins,, administrator ,
contestants, vs . Adolph Schiller, contestee . Was-stipulated to the effect-that th e
contestee should have a date of priority for the irrigation of the lands claimed i n
contestee's Statement and Proof of Claim as of the year 1986 .
73 .
Contest #63 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Parkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, J ame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, Geo . W . Jenkins, ad ministrator ,
contestants, vs . William A . Roundy, contestee . Was dismissed .
74 .
POWDER RIVER -39— 74 .
Contest #64 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins ; J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the estate of Johnathan Parker, deceased, Thee . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs .M Grier, n ame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, Geo . W . Jenikins, administrator ,
contestants, vs . H . J . Rizor, contestee . Was dismissed .
75 .
Contest #65 . Geo . Chandler, S . Osborn, Clayton Colman, Orin' Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, Administrator of the . Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, J ame s
York, B . F . Toney, James MoEnroe, Wm . A . Jackson, Goa . W . Jenkins, administrator ,
vs . Edith Rizor, contestee . Was dismissed .
76 .
Contest #66 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, J ame s
York, B . F . Toney, James .Enroe, Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . Powder River Gold Dredging Company, contestee . Was stipulated
to the affect that the contestee should have the right to irrigate 71 .5 acres of land
through the Duckworth Ditch, with a priority date of 1889, and that the contestee' s
have sufficient water to irrigate 200 acres, as of the date of Augnst .l0, 1870, and
103 .5 acres as of the date 1885, through the Henderson Ditch, and that the contestee .
have the further right to use 2 second feet of water for the purpose of operating a
dredger in Sumpter Valley, which amonlit of mater shall have a priority data as state d
in their claim .
77 .
Contest #67 . Geo . Chandler, S . O sborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, =ieirs of E . P . Perkins, J . P . Evens, . H arvey Harrisom, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James McEnroe, Wm . A . ,,ackson, Geo . W . J enkins, administrator, con—
PG;lD!lt RIVER -40— testants, vs . W . A . Payton, Rose Payton, R .' E . Paiton l ' Alma
contestees . Was dismissed .
Contest 468 . Geo . Chandler, S . Osborn, Clayton,Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey Harrison, Bent Landreth ,
Carl Parker, administrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Earl Stepohenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, j ams EcEnroc, Wm . A .Jackson, Goo . S7 . .Jenkins, administrator , contestants, vs . W . A . Payton, contcctee . Was dismissed .
79 .
Contest 469 . Geo . Chandler, S . O sborn, Clayton Coleman, Orin Osborn,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, H arvey Harrison Bent Landreth,,
Carl Parker, administrator of the Estate of Johnathan rarker, deceased, Thos . Kirkby,
William Elliott, Earl Stephenson, Ed York, Eppinger,Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James We Enroo, Wm . A . Jackson, Geo . W . Jenkins, administrator , contestants, vs . Lizzie A . Morson, contestee . Was dismissed .
80 .
Contest 470 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey H arrison, Bent Landreth ,
Carl 'arker, administrator of the Estato of Johnathan Parker, deceased, Thos . Kirkby,
William Elliott, Carl Stephenson, Ed York, Eppinger Brothers, Mrs . M . Grier, Jame s
York, B . F . Toney, James McEnroe,Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . Otis J . Payton, contestee . Was dismissed .
81 .
Contest 471 . Geo . Chandler, S . Osborn, Clayton Coleman, Orin Osborn ,
G . H . Perkins, Heirs of E . P . Perkins, J . P . Evans, Harvey H arrison, Bent Landreth ,
Carl Parker, a dr_inistrator of the Estate of Johnathan Parker, deceased, Thos . Kirkby ,
William Elliott, Earl Stephenson, Ed York, Eppinger Brothers, Mrs . M. Grier, Jame s
York, B . F . Toney, James McEnroe, Wm . A . Jackson, Geo . W . Jenkins, administrator ,
contestants, vs . a . R . Palmer, and H . E . Denham, oontestees . Was dismissed .
82 .
That a decree of the Circuit Court of the State of Oregon for the Count y
of Baker, entitled "Fred A . Phillips, plaintiff, vs . Margaret Hulick, Meadows Irri-
gation Service Company, a corporation, Don Daley, Jessie Daley, E . P . Cranston, Lena
Cranston, Claude E . Bennett, Agnes Bennett, J . H . B . Harrington, Grace G . Harringto n
POWDER RIVER -41—
Wary Cranston and Fred Cranston, Administrator, substituted fo r : Herbsrt Cranston> de - ceased, defendants," was filed with the claims of the claimants to the waters of Balm Creek . That the Balm Creek Orchard Co mp any is the successor in interest to the Meadow s Irrigation Service Company, and that Claude E . 'Bennett is the successor in interes t to J . H . B . Harrington and Grace G . Harrington . That at the time the said decree was entered, said ..___ea involved all of the iter users of Balm Creek aid its tributaries .
That a decree of default was taken against Don Daley and Jessie Daley . That ther e
has been filed herein a claim by Lawrence Daley for waters from Balm Creek . That it
does not appear that Lawrence Daley is the successor in interest to Don Daley and Jessi e
Daley, but the date of priority claimed by said Lawrence Daley is 1906, and sai d
date of priority is a later date than the dates of priority of all the other wate r
users, and therefore it is immaterial to consider Lawrence Daley in this finding . 33 1
Lulu Phillips further filed a claim for waters from Balm Creek, claimin g
a date of priority of 1990, ; the land described in said claim was involved and decree d
a water right in said decreer and so far as the Claim of said Lulu Phillips shows, sai d
land was not irrigated until 1911 and Lulu Phillips will therefore be given the lates t
date of priority in said decree . Said decree defined the water rights of the partie s
thereto as follows : J . H . B . Harrington and Grace G . Harrington the first right of 50
miners inches ; Fred A . Phillips the second right of 50 miners inches ; Claude E . Bennet t
and Agnes Bennett the third right of 25 miners inches ; E . P . Cranston and Lena Cransto n
the fourth ritht of 70 miners inohes ; the Estate of Herbert Cranston and Mary Dransto n
the fifth right of 50 miners inches ; Claude E . Bennett and Agnes Bennett the sixt h
right of 45 miners inches ; Fred A . Phillips ; J . H . B . Harrington and Grace G . Iia,rring-
ton the seventh right, jointly, of 50 miners inches ; E . P . Cranston and Lena Cransto n
the eighth right of 50 miners inches the Estate of Herbert Cranston and Mary Cransto n
the ninth right of 25 miners inches ; Margaret Hulick the tenth right of•25 miners inches ,
and the Meadow Irrigation Service Company the eleventh right of 40 miners inches . The
balance of the water was to be given to Fred A . Phillips, J . H . Ds . Harrington and Grac e
G . Harrington, jointly, for the first 50 miners inches as the twelfth right ; then woul d
follow in order, E . P . Cranston and Lena Cranston for 50 miners inches ; the Estate o f
Herbert Cranston and Mary Cranston 25 miners inches ; Margaret Hulick 25 miners inches i
and the Meador Irrigation Service Company 40 miners inches .
Such decree settles the order of priority of said water users, aid a s
there are no other water users upon the creek, or lower down upon Powder River, int o
which said creek flows which can interfere with the rights of the parties to the us e
of water, the tabulation hereinafter shall set forth the dates in such order of prior-
ity beginning with the Harrington's first right of 50 miners inches, in the year 1878 ;
by so doing, it is found that the ninth right in said decree, wherein the Estate o f
PaFD~'R RIVRE -42—
v
Herbert Cranston and Lary Cranston is given 25 miners inches ie not necessary for the
irrigation of the land of said Estate of Herbert Cranston and Mary Cranston .
It further appears that the general finding heroin as to the duty of wate r
will give said land a sufficient supply to irrigate the same euffiaiently . I t
further appears that the division of the balance of the water . as ahawn by said decre e
is not necessary for any of the land exeept that of Fred A . Phillips and Lulu Phillip s
and the Herrington right, now owned by C . E . Bennett, and in accord= e with said decre e
said rights shall be enumerated as follows ; Claude E . Bennett, for himself and as snc-
cessor to J . H . B . Harrington and Grace G . Harrington, shall have a priority date of
1978, for sufficient water to irrigate 100 acres ; a priority date of 1889 for sufficien t
water to irrigate 50 acres ; a priority date of 1892 for sufficient water to irrigat e
63 .5 acres ; a priority date of 1893 for sufficient water to irrigate 50 acres ; a prior- ity date of 1905 for sufficient water to irrigate 39 aures . Z3 2 That Fred A . Phillips shall have a priority date of 1879 for sufficient
water to irrigate 100 acres ; rr'!'prierity date of 1893 for sufficient water to irrigat e
50 acres ; a priority date of 1905 for sufficient water to irrigate 61 .5 acres .
That Lulu Phillips shall have a priority date of 1905 for sufficient wate r
to irrigate 20 acres .
The-t E . P . Cranston shall have a prioritydate of 1890 for sufficient wate r
to irrigate 170 acres .
That the Estate of Herbert Cranston and Mary Cranston shall have a priorit y
date of 1891 for sufficient water to irrigate 90 .5 acres .
That Lena Cranston shall have a priority /date of 1896 fes sufficient wate r
to irrigate 91 acres .
That Margaret Hulick shall have a priority date'of 1897 for sufficient wate r
to irrigate 58 acres .
That the Balm Creek- Orchard Company, successor in interest to the Meadow .
Irrige ion Service Company, shall havea priority date of 1904 for sufficient water to
irrigate 130 acres .
That the distribution of water upon said creek shall be governed by th e
general finding herein as to rotation and such practical arrangement for the distribu-
tion of water as the water master may inaugurate ,
83 .
That the decree of the Circuit Court of the United States for the Distric t
of Oregon, in the case wherein David McClure, Jr ., was complainant, and Moses Carpente r
was defendant, was filed with the claims of the Perry Baisley Estate and those of the
Baisley owners who use the Upper Never Sweat and Lower Never Sweat Ditches, wherei n
the owners of the Auburn Canal were decreed a prior right for 350 miners inches of water ,
or 8 .76 second foot . That the City of Baker has succeeded to the rights of plaintiff ,
POFDER RIVER -43—
David McClure, Jr ., and the said Perry Baisley Estate ; J . H . Baisley, Hattie Baisley,
and S . B . Baisley have snocoeded to the interests of Moses Carpenter, defendant, an d
it appearing by said decree that the said Auburn Canal was constructed in the year
1863, the rights to the use of water through the Auburn Canal by said City of Bake r
shall be of the date of priority of 1863 . And it appearing by said decree that th e
date of priority of said. Baisleys is later then said date, said Baisleys shall hav e
a date of priority of not earlier than 1864, but in all cases shall be governed as t o
the date by the diligence of putting the water to , a beneficial use .
84 .
That the decree of the Circuit Court of the State of Oregon for the Count y of Baker on the mandate of the Su rame Court of the State of Oregon, in the Bait of ?3 3 J . C . Bowen and E . C . -e:;en, s ondents and cross appelants , vs . Bird Spaulding an d
W . B . Vaughan, respondents and cross appelants, Mary E . Smith and W . L . Smith, appel-
lants, Baker City, a municipal corporation, P . Pranlclin and M. O . Haskell, respondents ,
was filed herein with the Statement and Proof of claim of the City of Baker . It ap-
Dears from said decree that said City of Baker has established a prior right toal l
the narties to said suit for the use of the waters of Elk Creek, and it further appear =
ing that the claims of all of said other parties in said suit, set dates of priorit y
subsequent to the dates of priority claimed by said City of Baker, such dates of prior- '
ity established in the tabulation hereinafter set forth, so establishes the priorit y
dates in accordance with said decree .
85 .
That a decree of the Circuit Court of the State . of Oregon for the Count y
of Baker, in the suit wherein R . R . Palmer and H . E . Denham were plaintiffs, vs . Geo .
A . Richradson, Homer Gilliam, W . S . Matsker, Lucy Burden, Victor Nault, G . A . Conrad,
Dan Stephenson, D . J . Holmes, Chas . Ebell, Cleveland Ebell, Hugo Ebell, Della Ebell ,
Clara Ebell, Cecil Ebell, ArmondBbell,heirs at law of August Ebell, deceased ; S . B .
Willett and Minnie L . Willett, John Ingram, Ora M . Bennett, Elmer E . Bennett, and E . E .
Bennett, administrator of the Estate of Nathan Bennett, deceased, defendants, was file d
in connection with the claims of those patties whom said decree affects . It appear s
to the State Water Board that Sutton Creek is a tributary of Powder River, and tha t
the plaintiffs, R . R . Palmer and H .E . Derham own lands upon Sutton Creek, and sai d
lands are so located that said Palmer and Denham have access not only to Sutton Creek ,
but also to a tributary of Sutton Creek lniown as Ebell Creek, or East Sutton Creek ,
That said decree determines that said Palmer and Denham shall have a right prior t o
the right of all the defendants for the use of water upon what is known as the McCul-
lough place, but that for the use of water out of East Sutton Creek or Ebell Creek ,
said Palmer and Denham shall have no priority rights prior to any ofthe defendant s
who use water out of said Ebell Creek .
PONDER RIVER -44 . .
That all of the parties to said suit or their sheet sors ;in interest''ap
geared in these proceedings, except W . S . Metsker who owned the * of 3eotjon,24 and the Dz- of Section 25, T 10 S . R . 40 E . W. M. ; that said 'decree .denied"any use Of water. to said Metsker, and that not having appeared in these proceedings, default ;'ie hereby entered against him . That said Palmer and Denham'shall'have a,priority date of'. ? 1873 for the irrigation of the lands in the E~ of 3Ey, NW-- SE4end SW , Section 12, T . 10 S . R . 40 E. W . M., and shall have a priority date of 1886 for 21 acres of th e lands irrigated in the Nz of NEi, and the SE,--N5 , Section l3, T. 10 S : R . 40 E . W. M. and for the balance of said land shall have a priority date of 1907 . Said water'shall be for such priority dates from Sutton Creek. 334',. It further appears that the parties who irrigate out of East Sutton o r Ebell Creek have priorities from 1872 to 1905, and b ;; said decree said Palmer and Denham can only use water from said East Button or Ebell Creek, after each of sai d parties have finished their irrigation, and theBoard hereby establishes 1906 as th e date of priority for said Palmer and Denham to use water out of said East Sutton o r Ebell Creek. That such use of water out of said Ebell or East Sutton Creek for sai d Palmer and Denham is a supplemental supply for the lends irrigated in Sections 12 and 13 . That Lucy Burden shall have a priority date -of 1879 for the lands irrigate d by her in Section 36, T . 10 S . R . 40 E . W. M. That Homer Gillian shall have a priority date of 1883 for the lands ir- rigated by him•in Section 13, T . 10 S . R. 40 E. W . M., and Victor Nault shall have a priority date of 1883 for the lands irrigated in Section 1, T . 11 S . R. 40 E . W. M. , and Section 6, T . 11 S . R . 41 E . W. M., and when the water which is available for sai d date of 1883 is not sufficient totgive said Homer Gilliam and said Victor Nault such a sup- ply of water as they desire under the general findings as to the duty of water in thes e proceedings, then the water available for said priority date of 1883 shall be divide d between said Homer Gilliam and raid Victor Nault in the proportion of 66% to Home r Gilliam, and 35% to Said Victor iiault . That G . A. Conrad shall have a priority date of 1908 for the lands irri- gated in Section 6, 7 11 S . R . 41 E. W . M. That as to the water from East Sutton or Ebell Creek, the Ebell Het r e shall have a priority date of 1872 . That Dan Stephenson shall have a priority date of 1879, and Minnie L . Willett and her husband Sam B. Willett, shall have a priority date of 1886 . That Charles Howry shall have a priority date of 1888 . Ora M. Bennett and Elmer E . Bennett, acid the Estate of Nathan Bennett, deceased, shall have a priot- ity date of 1904-, and have built a reservoir in Section 8, T . 11 S . R . 41 E . W. M . for
POWDI.R' RiirnR -45-
the purpose of storing water for the . irrigation of their lands, and that under sai d
diversion all of the parties hereto have waived any priority for the storing of said
water in said reservoir after t he irrigating season has closed in each year, up t o
and including the 15th day of Aril of the next year, and after the 15th day of Apri l
of each year and during the irrigating season thereafter of each year said Bennett s
shall permit such a quantitiy of water to flow from said reservoir in the channel o f
the stream from where said reservoir is situated, as flows into said reservoir from
any and all sources, less 105 thereof, as an allowance for natural loss, when neede d
for use by appropriators with priorities prior to 1908, and said Bennette shall there -
for have a priority date of 1908 for the storage of water . That said decree mentions
John Ingman Ranch, but that the description thereof is not sufficient to determin e
whether the same is included in these proceedings or not, and therefore the Stat e Water Board finds that the some is not included . ?3 5 That the lands irrigated by each of the parties to said decree herei n
mentioned are set forth in the tabulation hereinafter set out .
86 .
ghat the decree of the Circuit Court of the State of Oregon for the Count y
of Baker, in the case wherein A . H . Brain and Winslow H . Bowen were plaintiffs, and
Augustus George was defendant, was filed with the Claim of Asa L . Brown . Thatab y
said decree the priorities of the parties thereto was established for the waters o f
Willow Creek as follows, to-wit : A . H . Broom the first right to 60 miners inches ;
August George the second right to 25 miners inches ; A ; H . Brmvn the third right t o
60 miners inches ; Winslow H . Bowen the fourth right to 186 miners inches ; A . H . Brown
the fifth right to 75 miners inches ; Winslow N . Bowen and Augustus George the sixth
right to 264 miners inches in equal proportion .
It appears that Asa L . Brown is the successor in interest to A . H .
Brown for the Hz of the SPF and the SW NI'F- of Section 1, and the Ni of the SE and
Si of Psi of Section 2, T . 8 S . R . 38 E . W . M ., and that in said section said As a
L . Brown irrigates 243 acres of land .
That Clark Benson is the successor in interest to A . H . Brown in the
1W1B '4 of said Section 2, but that said Clark Benson does not claim any of the water s
out of Willow Creek, and has therefore waived any rights to the waters of Willri Cree k
for said land .
That J . H . Ensminger is the successor in interest to Augustus George fo r
the IHII,4 of Section 3, said township and range, but said Ensminger only claims wate r
from Rock Creek, and therefore has waived any right to waters from Willow Creek.
That Blanche McCullough is the successor in interest to Augustus Georg e
POWDTY''t RIVER -46- in the Ni of SIH and i3Vi-1 1- said Section 3, and irrigates therein 118 acres of ]and .
That John Richmond is the successor in interest to Winslow H . Bowman fo r the SE-WH- said Section 3, and the N.NW and all that part of the SaNNF lyin g north of Willow Creek in said Section 2, and irrigates therein 108 .6 acres of land .
That V . A . Green is the successor in interest to Winslow H . Bowen in th e
SW-i- and all that part of the Si of the N7-' lying south of Willow Creek, in sai d
Section 2, and irrigates therein 77 acres of land .
That said decree establishes the priorities of the parties thereto as t o
their needs at that time, but that the amount of water necessary to irrigate the land
is now found to be as set forth in these findings, by a general finding upon the dut y
of water, and the water shall be distributed upon the lands described herein accord -
ingly, as the duty of water .
The claim of Asa L . Brown claims 143 acres irrigated from Willow Cree k
since October 12, 1864 ; the claim of Blanche McCullough shows that 60 acres were ir-
rigated from Willow Creek since 1894, 58 acres since 1904 ; the claim of John Richmond 13 6
shows that 15 acres were irrigated from 1864 ; 27 acres from 1882, and 37 acres from
1884, and 37 acres from 1905 ; the claim of W . A . Green shows that 52 acres were ir-
rigated from 1862, 25 acres from 1899 . The claim of B lanche McCullough therefore show s
that any lights secured in Right Ido . 2, defined in said decree for Augustus George ,
has been abandoned by reason of failure to use the water, as the time from 1866 t o
1684 is an unreasonable length of time for the non-usage of water . We therefore fin d
that from the usage of water since that decree, the data of priority shall be a s
follows for the use of water from Willow Creek-by said parties ; Asa L . Brown, 1864 ,
60 acres ; 1868, 60 acres ; 1883, 23-acres . Blanche McCullough, 1884, 60 acres ; ' 1904 ,
58 acres . John Richmond, 1882, 71 acres ; 1905, 372 acres . W . A . Green, 1882, 62 acres ;
1899, 25 acres, and the water shall be distributed therein accordingly .
87 .
That the decree of the Circuit Court of the State of Oregon for the Count y
of Baker, in the suit wherein Asa L . Brown, A . H . Brown and R . H . Brown,w ere plaintiffs ,
and L . B . Baker and Minnie Baker were defendants, was also filed in these proceeding s
with the claim of Asa L . Brown . That by said decree it appears that the plaintiff s
were granted a sup erior right to the use cf the -waters of Willow Creek over the defend -
ants . It further appears that the successor in interest to•said Defendants is J . S .
Culbertson, who was duly notified of these proceedings arid not having appeared .is there-
fore in default . 1'hat the rights of the polintiffs-and their successors in interes t
have been duly defined in the tabulation herein contained, and shall have as herein
set forth .
88 .
P0,7D1. RI1E7i -47 -
68 .
A decree of the Circuit Court of the State of Oregon for the County o f
Baker, wherein N . C . Love and P . L . Kelley were plaintiffs, and Mike Brown was defend—
ant, involving the waters of Love Creek, was filed in these proceedings withthe claims
of the parties thereto . By said decree it appears that the plaintiffs were given a
priority right for 45 inches of water measured at the south end of the first flume i n
plaintiff's ditch, and that the defendant shall have the next right for 15 miner s
inches of water and that the plaintiff shall have the right to all the balance of the
water flowing in Love Creek .
It further appears from the Findings of Feet in said suit that there i s
a spring arising upon the premises of the defendant, but which said defendant use s
and is entitled to the whole flow of said spring . It appears from the claim of the
defendant filed herein that he claims a priority date of April 1900, and that he
uses water from the East Fork of Love Creek and from Glasgow Creek, and that he ir-
rigates 45 acres . What said Mike Brown under said decree shall therefore be limited 33 7
to 15 miners inches of water with a diversion as of the priority date of 1900 fro m
the East Fork of Love Creek, with the balar of the crater necessary for the ir-
rigation of said 42 acres of land shall be taken as of the date of 1900 from Glasgo w
Creek, and from the springs arising upon the pace of Mike Brown, to which said
Mike Brown is entitled to the exclusive use .
It further appears from the claim that P . L . Kelley irrigates 68 .5 acre s
of land and claims a date of Nov . 15, 1889 . That said P . L . Kelley shall hav e
the right to divert water from the East and West Forks of Love Creek as of the
date November 15, 1899, for sufficient water for the irrigation of said 68 .5 acre s
of land, provided, that a diversion of not more than 45 miners inches of water b e
made for the supplying of the appropriations of said N . C . Love and said P . L .
Kelley, prior to the apnro1ration of said Mike Brown . That it does not . appear
in these proceedings as to how said 45 miners incttes of water shall b e divide d
between said N . C . Love and said P . L . Kelley, and that such'45 inches of wate r
shall hereafter ba divided accordingly as said parties may agree .
It further appears that Floyd E . Love and Helen Love are the successor s
in interest to a part of the land owned by N . C . Love and P . L . Kelley at th e
time of the said suit, but it does not appear as to what the division of sai d
water shall be . From the claims of said N . C . Love, it does not appear that sai d
N . C . Love claims any of the water of Love Creek under said decree . It furthe r
appears that said Floyd E . Love and Helen Love who have succeeded to a part o f
the lands of W . C . Love and P . L . Kelley, claim to irrigate from the West Fork
of Love Creek through the Love Reservoir, and that said suit involved the East Fork
POWDER RIVER -48—
. . t• .1? n rt., : e ;'• ri : .• .',T ..r .r ..: •: : i , r : •('i d h ilYr r ' e .ti: :, .. . .•( y r. .Fr•r§`S . . .,er.?`e.....ts . L .+p! !?i:. :,fi' , ..:est .•'' •y : :;~ . t ~~ . ~ :s • , r .,,~, : . t :'ser r . . . . r ?7 8?!.rl : . .. .:.f;•Ri#yi .~J.ist?f.s.o!h ..i .s ..~ ~, ..'Ie .ai .af!ytsa•:~:~ . .i:krr • ~s`,a•.•.v.d>'?:.e:desN?~1;•Ke?v.ir'ty ti• : .t,.,ra•._~.o h:.s.'wl.•f~Aif'~i~~M`•3`xe;. .yF, :;r:C.,ns .li. .t??ie; Fork of Love Creek .
Said Floyd E . Love and Helen Love shall therefore have no right to divert
any of the water from the East Fork of Love Creek prior to said Mike Brown, an d
the amount of water diverted by either of the parties hereto shall be governe d
by the general finding as to the duty of water herein, and rules and regulations of the water master as to rotation .
89 .
That the decree of the Circuit Court of the State of Oregon, for Baker
County in a suit wherein C . A . Carrothers was plaintiff, and E . R . Johnson w a s
defendant, was filed herein, involving the waters of Powder River, and by said
decree the use of the water in the ditch by said plaintiff and said defendant
was agreed to be divided, one-fourth to the defendant, and three-fourths to th e
plaintiff . It appearing to the Board by the claims of the plaintiff and defend-
ant, that the plaintiff irrigates 87 acres of land with a priority d ate of 1906 ;
that the defendant irrigates 30 acres of land with a priority date of 1908 . That 238
said decree was entered upon stipulation and its priorities existing were there -
fore waived, and water shall be distributed to said plaintiff and said defendant
through said ditch in accordance with said decree, giving to the defendant one-
fourth of the ;inter, and to the plaintiff three-fourths of the water, provided,
that in no evert shall more water than either of the parties need be distribute d
to them through said ditch, and the needs of said parties for the use of said wate r
shall he-toverned by the general finding herein as to the/duty of water .
90 .
'`hat the decree of the Circuit Court of the State of Oregon for Bake r
County, wherein 4i+thur Oliver was plaintiff, and John Erwin w as defendant, involving
the waters of Tucker Creek was filed in these proceedings, and it appears from sai d
decree that the water ins aid Tucker Creek is to be divided equally at the head o f said defendant's ditch, on the John Hulick lands, share and share alike between sai d plaintiff and defendant, for irrigation, stock and domestic purposes, provided, that when the whole flow of said Tucker Creek is only sufficient for stock purposes, then
thw whole natural flow of said creek shall be permitted to flow down its natural chan- nel and plaintiff and defendant shall have the right to use the same for stock pur- poses as it flows through or upon their respective lands . It further appears fro m the claims filed herein, that John Erwin irrigates 38 acres of land from Tucker Creek , and Arthur Oliver irrigates 125 acres of land from Tucker Creek ; that of the land ir - rigated by John Erwin from Tucker Creek, that 16 acres thereof in N4NV/- of Section 16 ,
T . 8 S . R . 42 E . W . MI ., is also irrigated from Powder River, and that of the lands ir-
PQJDER RIVER -49 -
rigated by Arthur Oliver, all of the same are also irrigated from Powder River .
That the dates of priority of both parties for irrigating said land from
Powder River is 1888 . That the claims show the date of priority for the irrigatio n
of said lands from Tucker Creek as 1875, for John Erwin, and 1876 for Arthur Oliver ,
and that said decree makes said dates of priority equal, and therefore the State Water
Board fixes 1576 as the date of priority of both parties .
That in accordance with said decree, said water shall be divided shar e
and share alike bet'seen said plaintiff and defendant at the head of defendant's ditdi o n
the John Hulick lands, provided, however, that no more water shall be turned to sai d
defendant through his said ditch, than is necessary for the irrigation of his lands a s
to the duty of water, and provided further, that when there is only sufficient water
for stock purposes in said creek, the whole natural flow shall be permitted to flow
down its natural chancel, and the parties hereto shall have the right to use the sam e 50-339 during such time for stock purposes as the some flows in its natural channel .
91 .
That the decree of the Circuit Court of the State of Oregon fo r
Baker County, in a suit wherein Josephine Ison, Edna McDougal, Virgil S . Ison, and W . A .
Cartmill were plaintiffs, Vim . Sturgill, J . P . Lucas, Crate Nam, Robert George ,
Augustus Masters, Flasi.us Perkins, W . J . Welch, C . C . Olson (And their successors i n
interest) and Harry Steve Osborn, L . Favorite, Hans Johnson, L . Fosnot, M .
Durgan, Flood Waltz, Lee Beam, Charley Perkins, I . S . Burnside, and Mary Burnside ,
his wife, Dell Shepard and Delia Shoperd, his wife, L . Lorin and Laura E . Morin, hi s
wife, B . Einnison and Carrie Kinnison, his wife, were defendants, involving the waters
of Pine Creek, was filed in these proceedings . From said decree and from the claim
filed by Josephine Ison, Virgil S . Ison and Edna McDougall, it appears that 40aores in '
the SW:'z-NE, , 40 acres in 1TESP/1., 40 acres in SITYEW, and 40 acres in the PFSE- o f
Section 21, T 8 S . R . 39 E . W . M ., has a water right with a priority date of 1864; that
the RW:1- of Section 29, T 8 S . R . 39 E . W . M ., has a water right with a priority date of
April, 1863 ; that 40 acres of land in the 2TEIE;, and 40 acres in EW-",sl,-NE, in Section 21 ,
T 8 S . R . 39 E . W . M ., has a water right with a priority date of 1892 ; that 40 acre s
in the NE. , Section 21, has a water right with a priority date of 1900 ; that 40 acre s
in the T_Tlrr4F, and 40 cores in the N;'Qrsl , Section i22, has a water right with a priorit y
dateof 1904 ; that 40 acres in the Sli_ITE-- of Section 21, and 40 acres in the SW I ;-, an d
40 acres in the 53:M'i , Section 22, T 8 S . R . 39 E . W . M ., has a water right with a
priority date of 1909 .
That the lands claimed to be irrigated by Eba J . Cartmill as se t
forth in the tabulation hereinafter contained, have a water right with a priority date o f
1864 ; that the lands claimed to be irrigated by Geo . M . Caviness and Iia Caviness as se t
forth in the tabulation hereinafter contained, have u water right with a priority dat e
POWDBR RIVER -
of 1860, for 25 inches of water from Pine Creek, and it appears from their claim that
they have also used water from Spring Creek, and the balance of the water necessary for
the irrigation of their land shall be diverted from Spring Creek as of the same date .
That James W . Phillips has a water right for the Si of B of Section 32 ,
T . 8 S . R . 39 E . i1, M ., with a priority date of 1866, for 25 miners inches of water from
Pine Creek, and the balance of water necessary to irrigate said tract of land shall b e
diverted from Spring Creek with the same date of priority . That 40 acres in the NEtSL'
and 40 acres in iaEV/ Section 24, T . 8 S . R . 38 E . W . L? ., shall have appriority date o f
186a, and 19 .6 acres in SWSE- ;, and 31 .8 acres in SE49E4, Section 23, T . 8 S . R . 38 E . , r . . shall have a priority date of 1871, and the balance of the land irrigated by said Jame s
W . Phillips as shown in the tabulation hereinafter contained shall have a priority dat e
of 1907 .
That the lands irrigated by C . O . Jeffrey as shown by the tabulation here -
inafter contained shall have priority dates as follows : NQ-SE-,+.s Section 29, T 6 S . P . 24 0 39 E . W . 1.I ., shall have a priority date of 1869, and the 5- of same section shal l
have a priority date of 1889 .
That the priorities of each and all of the other parties to said suit wh o
have appeard in these proceedings, shall be as set forth in the tabulation hereinafte r
contained, and the amount of water necessary for the irrigation of their lands shal l
be governed by the general findings as to the duty of water, and the water master shal l
distribute said water in accordance with these dates and said duty of water .
92 .
That a decree . of the Circuit Court of the State/ of Oregon for Union Count y
in a suit wherein Charles 3 . Mays was plaintiff and C . L . Scott was defendant, invol-
ving the waters of a spring situated in the SE- d---y of Section 8 T . 5 S . R . 39 E . W . M . ,
was filed in these proceedings . That by said decree . each of the parties hereto have the
right to the use of one–half of the water flowing from said spring . That the water
master in the distribution of water shall so distribute the water from said spring, an d
the parties hereto shall put in the necessary headgates and other measuring devices fo r
the measuring of water, as the water master in the distribution and division thereo f
may recommend, and the lands upon which said water is to be used is set forth in th e
tabulation hereinafter contained, under the names of the respective parties .
93 .
That a decree of the Circuit Court of the State of Oregon for the Count y
of Baker, in a suit wherein the Sumpter Light & Water Company, a corporation, wa s u..t Wea.van. plaintiff, and W . R . Harley, Moses Wea er,,Anthony Mohr,- and the St . Jo e
Gold Mining Company wore defendants, involving the waters of O'Farrell's Gulch, wer e
PG`flJ RIVER -51–
filed in these proceedings, and it appears by said decree that the plaintiff had a prio i
right to all the defendants for 200 miners inches of water from said O'Farrell's Gulc h
for munici p al, domestic, power and irrigation purposes . And it appears from the clai m
of the Northweat Light & Water Company, that said Northwest Light & Water .Compar;y has
succeeded to the interests of said plaintiff in said suit .
The water master shall distribute said water in accordance with said decree .
94 .
That the decree of the Circuit Court of the State of Oregon for the Count y
of Baker, wherein Hattie H . Olsen, C . J . Osborne and Wm . Bunyan were plaintiffs, an d
Prank L . Steward was defendant, involving the waters of Rock Creek was fi]e d in thes e
proceedings . That by said decree the defendant was enjoined from using water out o f
the Olson & Nichclson D itch . That said decree does not establish the priorities ,
amount or use of water of said parties, but does prevent water from being distribute d
through said ditch to all of the parties . That said ditch was built to serve the S -' 241 .
of B3 , SE4NWj, Ni of SF,a, ' of SU: and SW—4S{V-4 of Section 27, and the Ni of E o f
Section 34, the SE -dD-, and I SE of Section 33, T . 7 S . R . 38 E . W . M. That in th e
distribution of water the water master shall use said ditch for conveying water to th e
lands as thus described, and shall only distribute water to the Si of NV14_ of Section 34 ,
being the lands owned by said defendant at the time of said suit, upon consent of the
other water users in said ditch .
95 .
That the decree of the Circuit Court of the State of Oregon for the Count y
of Baker, wherein Eliza Ellen Kelley was plaintiff and E . E . Chambers was defendant ,
involving the waters of Spring Creek and springs arising on the lands and above the
land of the defendant, sometimes called "Cavin and Crabill Springs," was filed i n
these proceedings, and it appears from the proceedings that J ames A . Kelley and
Charles W . Kelley have succeeded to the interests of the plaintiff, and P . Grabill
has succeeded to the interests of the defendant . That the defendant by said decre e
should have the exclusive use of the springs arising up on his land, but that for the
springs arising off the defendant's land, and the water flowing onto his land, the de-
fendant should have the use of the water from sundown of each day until eight o'cloc k
A . M . of the following day, and that from eight o'clock A . E . on each day to sundown
on the same day, the plaintiff's and their successors in interest should have the us e
of the water, but that in case the plaintiffs did not use said water during the da y
time, then said defendants should have the use of the water both day and night .
The water master of the district shall distribute the water in accordanc e
with said decree .
POC/DM. RIVER -52
That the lends owned by the plaintiff were the Si of NES; SFr14VIV4 ; NEII-SWit;
and the Ni of SRI- Section 5 . That the lands owned by the defendant were the St N\Vh and a-6 9E Yt . . RW710W of Section 5, and the SB BI-nSOction 6, all in T . 9'S . R. 39 E. W . M ., and the water shall be distributed according to said decree for said lands, hit th e
water master may distribute said water in any other manner that the parties ownin g
said lands may, by writing agree upon ; when such writing is filed with said water master .
96 .
That the rights for the appropriation of water for the City of Baker ar e
partially set forth in Finding #15, herein . That said City of Baker is not at th e
present time using all of said water as was appropriated to make said rights ; that
said City of Baker in the year 1901 located a reservoir site uponGoodrichCreekand to store the waters under said rights in said reservoir . That such reservoir is owned
by the City of Baker .for such storage and the utilization of said water rights . 312
That a decree of the Circuit 0ourt of the State of Oregon for Bake r
County, wherein Florence L . Sherred was plaintiff, and the City of Baker was defendant ,
wherein and whereby said water rights were confirmed in the City of Baker and the titl e to said water rights was duly quieted in said city . That by said decree, said City of
Baker was declared to have no newer to lease the. water under said water right, but ,
must let the same Re to the rightful water user thereof . T hat said City of Balse r
shall therefore be restrained from leasinLthe use of said water outside of the City,
-iiee n fore-ba-r;straiaad_from ._laasaig- tile-aea-IIf-sa.il-uat " orteideofthe City.
, limits of the City of Baker, but shall use the same for municip al purposes and the use
of its inhabitants within said cite* limits . T hat all of s'id water a o appropriate d
and as described in said Finding 015, is hereby reserved for the City of Baker forever .
97 .
That the Baker City Mutual Irrigation Company filed its claim in thes e proceedings, wherein it appears that said company furnishes water to its stockholder s
to the extent of sixty acres within the City of Baker . That from the time it began
to furnish water for the irrigation of city lots within the City of Baker, its stock -
holders have changed end continue to change, and the land irrigated has changed an d
will continue to change with the change of stockholders . That said company owns sai d
water right for the ,purpose of sale of water fr its ditches to its ttockh olders, an d it is irpossible to get the acreage in each forty acre tract that is irrigated by the
water from said ditch . That the piece of use, as heretofore, has always been withi n
the City of Baker, and the tabulation hereinafter contained will so limit the place o f
use of such water to within said city . That in the event a water master is called upon
at any time to take charge of said ditch and distribute the water therein, said wate r
4 P0WDBR RIVER -53-
Thatthe water appropriated by said Pocahonta s Mining and .Trrigation., 0ompazy_
for allof the lands irrigated under said ditch is limited to 600 miners ingllog, equal
to 12 .5 second feet . That the water in the ditch shall be distributed accordin g to the dates as shown in the tabulation, eucept, that the rights of Julia A . Brown
shall be to a continual flow of ten miners inches, or one-fourth of a second foot ,
p rior to all other water users, and the waters shall be distributed in accordance wit h
the agreement and sti pulations as shown in the claim filed by the Pocahontas Mining and Irrigation Company, provided, that the water mister shall have the power and righ t
to change such method of distribution in case a better system be established .
The Pocahontas Mining and Irrigation Company has at all times recognize d
the rights of tho City of Baker as tabulated in Finding #15 herein, and entered int o an agreement with said City of Baker as set forth in said Finding #15 . That in the
division of water of said creeks, from the making of said agreement up until the tim e
of the decree of the Supreme Court of the State of Oregon in the case of Sherred V . City of Baker, 63 Ore . 28, the right of said City of Baker to lease and sell the wate r
claimed by the rights to owned by said City of Balser, was recognized by said Pocahontas
Mining and Irrigation Company, and the water was divided . between the .purchasers of sai d
water from said City of Baker and said Pocahontas Mining and Irrigation Company in ac- cordance with said agreement/ That all other water users from Marble and Mill Creeks ,
developed and improved their farms and places under the condition so created by sai d
agreement ; that the extent of the appropriation of said Pocahontas Mining and Irrigatio n
Company is therefore limited by such agreement, and when the water ,-flowing , },a Tlarhle Creek is below 500 rulers inches, one-half thereo shall be ;delivered to the Pocahontas
Mining and Irrigation Company, and when the waster flown in Mill Creek is below 500
miners inches, only one-half thereof shall be delivered to said Pooahontas Minin g
and Irrigation Company the other half of said waters of said creeks shall be de -
livered to all the other water users in accordance with the dates of pi_iority .
That in case there he not sufficient users to utilize the half of sai d
waters so diverted either to or from said Pocahontas Minim and Ir eationCompany ,
the watermaster shall make such a division as will utilize the whole flow of sai d
streams . 101 .
That the Dry Gulch Ditch Company filed a claim in these proceedings where - in they show that on July 10th, 1894, an appropriation of water was made, and that o n
the 31st day of August, 1909, there was irrigated under such appropriation, 572 .52 acres,
and those acreages so irrigated are sot out in the tabulation hereinafter set forth .
That Mary A . Dryborough, David S . Gower, O . E . Moren, administrator of the Manso r
Estate, Margaret B . Martin and John Waterman filed claims herein and claim water
POPJDE.R RIVER -55-
through said ditch . That parts of the. land . claimed to..be irr
claimants , are included in the lands that were irrigated by the DryGulch Ditch
under the appropriation of July 10th, 1894 .
That the Dry Gulch Ditch Company secured `'.a State'Engix}eer's perm
a priority date of August 1909 which Permit. waa -'a roved 24` i 31'' ' . PP, 7.',.:717T r is known as Application4D . 193, Enlargement'Permit No . 16 . That' se,td permit cover,¢' .. all of ' the ether land claimed by said Mary, A . Dryborough ; David S YGover,' The'Mameo r
Estate, Margaret B . Martin and John Waterman . That said last named claimants are.
therefore left out of the tabulation as . hereinafter set forth, and .for the balance o f the lands claimed by the Dry Gulch Ditch Company and said last 'namad claimants ; 'they
shall have such rights with such priority dates as they are entitled to have when final proof is submitted upon said Enlargement Permit No . 16, and final certificat e
issued therefor .
102 .
That inchoate rights were claimed by S . A . Baisley, S. B. Baisley and. the
Parry Baisley Estate, Charles A . Carlson, C .-A . Hill, F . L . Horan, L . O . Ison, Ose r
Jacobson, G . F. Johnson, C . D . Moll and'G . M . Moody, asking that a date be set withi n which said work ahould be Completed and that upon the application of the water to a
beneficial use, that the rights data back to the dates of their original appropriation, '
That there has not been sufficient diligence in applying the water tea beneficial us e
upon the lands not yet irrigated, and . said inchoate rights therefore are denied, an d
the rights of each of said claimants are tabulated in the tabulation hereinafter se t forth for the lands irrigated at the time of filing their several statements qnd proof s
of claim, and said claimants for the irrigation of any further land are hereby require d
to secure State Engineer's permit under the laws of the State of Oregon .
103 . Itt That State Engineer's permits have been secured by alaimants 4-s-these pro -
coedings, as follows : U. S . Carpenter, Application No . 138, permit No . 46 ; W. A . Cart-
mill, Permit No . 101 and Reservoir Permit'No . 159 ; Lulu P . Curry, Abnlioation No . 716 ,
Permit No . 52 ; Harlow J . Evans, Application No . 2420, Permit No . 1316 ; J . W. Farle y
Application No . 1857, Permit No . 993 ; S . A . Lillard and J . F. Lillard, Application .
No . 1714, Permit No . 851 ; Ella Licklider, Application No . 3077, Permit No . 1613 ;
D . C . Perkins, Application No . 2652, Enlargement Permit No . 157 ; Flavius Perkins , Application Ido . 2655, Enlargement No . 158 ; Powder Land & Irrigation Company ,
Reservoir Application No . 543, Reservoir Permit No . 66 ; Application . No . 221, Permi t
No . 1095, Reservoir Application No . 1133, Reservoir Permit No . 129, ' °pplioation No .
POWDER RIVER -56.. 222, Permit 1;o . 468, Reservoir Application No . 14, Reservoir Permit No . 187, Rese r
voir Application No . 15, Reservoir permit No . 92, Reservoir Application No . 544, Res -
ervoir Permit No . 138, Reservoir Application No . 265, Reservoir Permit No . 65 ; D . H .
Shaw, Application No . 619, Permit No . 268, Application No . 620, Reservoir Permit No .
33 ; B . H . Utz, Application No . 123, Permit No . 40 ; Elijah Shoemaker,' Application No .
2141, Permit No . 133 . That each and all of said claimants shall have such righte a b
they are entitled to, upon final proof of the application of water to a beneficial us e
under said permits, and in accordance with the law applicable to said permits .
104 .
That Powder River and its tributaries forma perrennial stream with wel l
defined bed and banks, wholly within the counties of Baker and Union, but principall y
within the County of Baker, State of Oregon, having its source near the southern an d
western boundary of Baker County, in the Blue Mountains, and flowing in an easterly
and northeasterly direction in the form of a letter °S" aid empties its waters into 34 6
the Snake River . That the flow of the stream and its tributaries is torrential in
its nature, flowing large quantities of water in the spring time when the winter s
snows are geltinr', and the main stream and its tributaries almost going dry in th e
dry part of the summer, and most of the s mall tributaries going completely dry; that
upon the tributaries it is necessary therefore to use the water for irrigation durin g
the flood time or the irrigators will not be able to divert any water whatever . Tha t
() along the main stream and the larger tributaries the supply of water, in the dry part
.of the summer is greater than upon the small tributaries ; that the spring freshet s N'
\1, I begin at about the same time of the year in the lower Powder . River Basin, That all of '
the irrigation in the Powder River Basin is done during this spring and wanner time ,
though in some few instances irrigation will be carried On in to September and Octobe r
of the fall months .
That there are four different types of soils in the-irrigated ]and of the
Powder drainage basin, the first type consisting of trio or three feet of brown o r
muck loam with a grayish sub-soil, and below this sub-soil quite coarse sand . The
second type consists of about a foot of heavy brown to black s-eady loam underlain With
about three feet of a brown or gray fine loam, which * has an increasing cla y
content as it goes downward, then with another strata of about three feet of gra y
yellow loam very gritty wit1‘ sand, and below this is a ter-worn gravel .
type consists of a fine sandy loam about two feet deep, under with gravel boulder s
or conglomerate mixtures, and the surface soil containing gravel' of varying size s
from fine p e rticles to oniich or more in diameter . The fourth :; type consists of from : ..
two to four feet of gray or yellow fine sandy loam, the' texture ,'beooming heavier '!In .
used, and subject to rotation as in this decree, . generally provided ;Drovided, thatne
contract shall be made to,deliver water to lands or places not theretofore supplied ,
to such an extent as to deprive any land or place of water which has been previousl y
supplied, and provided, further that no contract shall lee made to deliver water for ir-
rigation or power unless the laud or place whore said water is to be used be entitle d
to such use under a right granted by this decree, by a permit of the State Engineer ,
or by a water right certificate . All contracts for the use of water giving may pre-
ference other than as herein stated, are against the public policy and laws of the
State of Oregnm, and void .
109 .
In all cases in•this decree wherein the right to use water out of more than
one stream for the same land is confirmed, the amount of water herein determined fo r
said right may be used out of either or both of said streams so long as the amount
of water tcl_en does not exceed the volume named in this decree, and does not interfer e
with other rights of ,riority, and each stream may be used to supplement the other in .
furnishing said amount of water, provided that any diversion from any stream shall no t
exceed the amount of the appropriationfrom that stream .
109 .
That a right to store 'rater is a separate and distinct right from the right
to use such 'ater for irrigation, and a mater right for irrigation does not give di e
aster user entitled thereto, the right to store such wd' ter . In all cases in thes e
findings wherein a -:rater user has both the right to store water and also the right t o
use such eater for irrigation, he shall have the right to divert suchwater from th e
stream, according to the respective priority dates of such rights, and said right t o
store-sater rap be used to supplement the diversion for irrigation, that is, when the
water in acid stream becomes so scarce that his right to the diversion of water for suc h
irrigation right is cut off, then he shall have the right to use the water so stored b y
him for the purpose of suaplementing the right for irrigation, and of increasing the
length of the irrigation season upon the lands for which he has such irrigation right .
. 110 .
That in _ ,all. cases re w,at.er .is . eto£ed ;by , sui 0..eimant, .se,$d.,,}Ip.ter, eha7,l_ .. ..
b taken at any season of._f priority, and in care the owner of any reservoir desires to use the bed of any of th e streams for the Tr irpose of carrying such stored water from the reservoir to the .con- sumer thereof, said caner of such reservoir shall install such headgate and measuring devices as the Superintendent of the Division, or the water master of the district i n which the water is situated and used shall order . Sadd stored water may be used a t POWDER RIOTR -59- any time during the year that the owner thereof may desire .- Whenever said owner o f such reservoir desires to use such stored water, he shall notify-the water master o f the district is whieh the stared water is to be used, giving the date when it is pro— posed to dischargewater from such reservoir, its volume, and the names of all persons and ditches entitled to its use . Said water master shall then determine the percentage of loss by seepage, evaporation or other causes, between the place of discharge fro m the reservoir into the stream, and the place of diversion from the stream, and shal l close or so adjust the headgates of all ditches from the stream as will enable thos e having such right to secure the volume discharge d from the reservoir, less the de- termined loss . That in all cases where reservoirs are built so as to include within their boundaries, the bed of any stream, the waters of which are herein adjudicated and determined, the owner, mana ger, or lessee of such reservoir shall install in the stream above and below said reservoir, such measuring devices as the Superintendent of th e Division or the water master of the District in which said reservoir is situated may order ; the plans for the construction of said measuring devices shall be approved b y the State Engineer . The said rater master shall measure all water of such stream run- ning into said reservoir no- shall discharge from said reservoir sufficient water (no t exceeding the volume of water running into said reservoir) to supply such prior rights 34 9 as may be entitled to use such water ; such discharge of water shall only be necessary during the time or season in which such prior rights are entitled to use the same, Th e water master shall heap a true and just account of the time spent by him in the discharge of. his duties as defined in this finding, and shall fila the same with the County Cour t of Baker or Union County, as the case may be, sitting for the transaction of count y business . Said County Court shall present a bill of one—half the expenses so in- curred to the reservoir owner, manager, or lessee, and if such owner, manager or lesse e shall neglect for thirty days after the presentation of such bill of costs tb pay th e anat.( . dsmr, the said costs shall be made a charge upon said reservoir, and shall be collecte d as delinquent taxes until the complete payment of such bill of costs has been made, an d the rights of appropriation herein confirmed confer no rigdnts to the diversion and us e of water which have been lawfally impounded in reservoirs and other storage w ork s which have been, or may be hereafter constructed in accordance with law, when the sam e are discharged into the natural channel of said stream, or any tributary thereof, i n a lawful manner by those having a lawful r i ght to do so, but the said rights of ap- propriation heroin confirmed are limited and confined to the waters flowing naturall y in the natural channel of said stream and its tributaries . That the rights of appropration hereby confirmed are a ppurtenant to th e POWDBR RIVER »60– lards herein described fer irrigation ptuspaces, and the rights of use of the waters o f said stream and. it .: tributaries by virtue of such rights of appropriation, are limite d and confirmed to the irrigation of the lands herein described to the extent of said lands a s herein sat forth, and the priorities herein confirmed . confer noright of use of the waters of said stream, and its tributaries, on the lands other than those specified tract s to which such rights of appropriation are herein set forth as appurtenant, , and each and every Terson shall be and hereby is prohibited, restrained and enjoined from divertin g and using .-.vater from said stream on such other lands without lawful permit . 112 . That the order of the rights of the respective appropriators of the water s of said stream aid its tributaries, and in which order they are entitled to divert an d use the said water shall be and is according to the date of the relative priority o f the right as herein set forth and determined, and the first in order of time accordin g to the date of relative priority shall be and is the first in order of right, and so on , down to the date of the latest priority, and thoee._een rior ,ri, is ern gull, a to divertand us_the wat© .'s_,oi_ maid stream and its tributgi ,g9,,,,when necessary for beneficial use in connection with the irrigation of their respective lands, o_r, the r useful and bsneifical nurooses for which they are decreed a right of use, at al] . times and against those having subsequent rights, witnout let or hindrance, and whenever thA.5 0 water_j,6_not?,_Qquired by the epprouriation having a prices right to its use for the purpose for which said water was aeproerirted, he must and shallpermit it tq,flow down the natural channel of the stream as it was wont to flow in its natural ,&qur,je , i without hindaranc or diversion thereof, and those having subsequent rights are en- titled to the use of such water and to divert the s ame to the extent of their right s or appropriations, according to the order of their priority rights ; and at all times the waters diverted shall be beneficially, economically and reasonably used without waste by those hevinr a right to do so by reason of the priority of their rights, an d no rights of aipro riation are hereby confirmed to divert a eater uantity of water y into the head of the ditch or ditches of the apuropriator having a valid right to diver t the v~ rter. X;,o;_ -stach .. appropw later c,m beneficially use for the purposes to v,_h ich the water is to be put . 113 . That to got a sufficient head of water, the water master of-the district a k inwhioh such water is situated shall arrange such a system/of To- ation as ma y be bast a„plicable thereto, either first,by giving a greater amount of water for a n appropriator for a proportionately less time,provided that the giving of such greate r amount does not infringe upon any of the rights confirmed by this decree, and provided, • PO+JDEEt P.IVER -61- further, that the amount of water taken by an appropriator dose not exceed the amo•@it as found in these findings to be necessary for the irrigation of the land during the irrigation season ; seoond,or in the absenoe ofan agreement between such appropriator s arranging for each rotation, the water master of the distriot in which such stream and its tributaries are situated shall arrange such appropriators in groups or systems o f rotation, first giving to the appropriator in such group a quantity of water equal t o the combined appropriations, as the appropriators in said group or system for the lengt h of time bearing the same ratio to the whole time required to make the complete , rotation through the whole group of appropriators, bears to the combined appropration of sai d group, and shall neat serve another appropriator with a like quantity of water for hi s proportionate time, and so on, until all the appropriators in said group or system are serveil, then the distribution of water shall be repeated in the same manner throughout the irrigation season . Provided, that no system of_rot tt. gn._ bg,_established b y th water master without the Consent of the w'atey jlaers, ._@xoapt bs mrdor_af-tb -sour#y after opportunity to be heard . Third, or, where two or more appropriators agree as between themselves as to the manner of said rotation in the use of water, said wate r master shall distribute the water inecoordadce with such agreement, provided, always , that such arrangement into groups or systems of rotation shall not interfere with the prior rights of any appropriator, not a member of such group or system, and provided further, that such agreement shall be .in writing, and filed by said appropriators with 35 1 the water master . 114 . That a head of water diverted by the individual appropriators herein- after in the tabulation named, shall be governed by the number of acres which sai d appropriators irrigate, and such diversion shall be sufficient in all oases to ir- rigate the lands under irrigation, and where such water ies u _* r ti °" purp°see than irrigation, the head of the water shall be limited to the quantity designee , in said tabulatiop ; provided, that for Big Greek, Goose Greek, Daly Greek, and all gulches and draws that are not regular flowing streams, and all such . tracts no t exceeding 10 acres, the head of water to be diverted for the use of irrigation upon any land hereinafter in the tabulation described by the water users, shall be limited to such an amount as shall be neoessary to beneficially irrigate the land not bo exceed one- twentieth of a second Q t, or its equivalent, two inches under six inch pressure, miners measurement to the acre, and for , all other streams herein ad diaated, the head of water diverted shall be sufficient to beneficially_ ..l,rrigate_tha 1aide , not to exceed one-fortieth of a second foot,_or its equivalent, one inch under si x inch pressure, miners measurement, per acre, continuous flow ; provided further, that the court hereby reserves the jurisdiction to at any time in the future make any P01DER RIVER .-62 - orders and decrees necessary to cover extraordinary loss by seepage and evaporation ; provided further, that in all oases where the capadity of the ditch does not equal the maximum head of flow here allowed, that this finding d all not operate to giv e any water user or water users using said ditch, more water than their present ape, propriation,e nd~rovided further .that._ nq, c9t 6g.t pA,rb1 1,alsti&yly.,.,7,7,g41 ,lal} iLbn 1 im i so long as prior appropriations arenpt,,,j >; red wtttbit 115 . That as to the dxoeptions of S . B . Baisley et al, it appears that A . Cavines s and Hattie Baisley are interested in said modifioations and that a stipulation was filed and signed by all parties interested ; that Hattie Baisley is the successor in interest to John H . Law for the lands irrigated in the E of 3E¢ aC'8eotion 4 , T . 9 S . R . 39 E . W . M ., through the Pocahontas Farmer's Ditch Company, and that A . Caviness irrigates land through the Pocahontas Farmers Ditch Company, and in ac- cordance with said stipulation, the rights of Hattie Baisley and A . Caviness for the lands so irrigated through the Pocahontas Farmer's Ditch Compaay are hereby settle d as being subsequent in right to the rights of S . B . Baisley, J . H . Baisley and the Perry Baisley estate, in so far as Hibberd and Salmon Creeks are concerned, and sai d Hattie Baisley and A . Caviness shall retain their dates of priority in regard to the other streams from which they take water . 35 2 116 . That Arthur Giver and George F . Johnson filed an agreement •herein Arthu r Oliver's date of priority to the use of water from Houghton .Greek should be subsequen t to the rights of said Geo . F . Johnson, and in a000rdanoe with euoh stipulation th e priority date of Arthur Oliver of 1874 for 30 acres is hereby changed to 1876 . 117 . That as to the exception o f '.E . P . Oraneton and A . N . Ingle, relative to th e Love—Cranston & Ingel Ditches, it appears that a stipulation was entered into which stipulation refers to the rights of the parties throughtthe Love—Cranston & Ingle L Ditch, which are established as follars : That at low water season said Cranston and Ingle shall have the priorit y date to the waters of Goose Creek,k through the Cranston & Ingle Ditch over and prior to the rights of said W . S . Love and A . N . Ingle, and that said W . S . Lowe and A . N . Ingle shall have the right to divert the water arising in the channel of Goose Creek at the head of Cranston & Ingle Ditch ; that Bald W . S . Love and A . N . Ingle shal l divide the waters arising below the Cranston & I ngle Ditch, equally until the flow into said Goose Creek is but 20 inches, at which time a full 20 inches shall be dis- tributed by the water master to W . S . Love . POWDER RIVER -63-- 118 . That the exceptions of C . L . Scott refer to the division of water under the stipulation filed, and it appears that said stipulation was signed by L . G . Grout, Charles B . Mays and O . L . Scott, and under and by virtue of said stipulation the water from the springs known as Kaylor Springs shall be divided one-half to ' Scott and one-half to Mays, and the water from the East Branch of Glover Greek shal l be divided one-half to Soott and one-half to Grout, each party shall have the use o f all the water-of the other branches of Glover Greek which comes onto their respectiv e property, without interference from either of the other parties, ' amd this divisio n of water shall only apply to the irrigated lands described in the findings of th e State Water Board, and only to that extent . 119 . That as to the exceptions of W . A . Green, Asa L . Brown, John H . Richmond and Blanche Hogoboom, it appeared that said exoeptore filed an agreement concernin g the use of the water upon their lands in the prooeedingp which said agreement is on file at page 402, Volume 17 of the records of the adjudication of Powder River ; that said agreement shall be considered as having been filed with the water master, an d said water master shall rotate the water between said water users in accordance with said agreement until dhanged or abolished by agreement of said water users, or thei r sucoessors in interest . 121 . G . F . Gardner and the heirs of Fountain 8eaoat have stipulated that when the waters flowing in Washington G ulch above the point of diversion of G . F . Gardner' s upper ditch, aggregates or exceeds 200 miner's inches, said water shall be divide d as provided in the Findings of the State Water Board, but when said water at sai d point is less than 200 miners inches, 21 .5 inches shall be given to the lands owned by G . F . Gardner and the balance Shall be divided two-thirds to the lands owned b y the heirs of Fountain Seaoat and one-third to the lands owned by Gardner and th e water master shall distribute Such water in such manner . 121 . J . C . Travillion and Louise Koester have stipulated that upon the lands owned by them the water diverted through the Koester-Travillion ditch shall be distributed upon the basis of both parties having the same date of priority and th e water master shall distribute'the water in such manner . 122 . W . A . Clark filed exceptions to the Findings of the Water Board in so far . PONDER RIVER-64- e as the same declared him in default and it appearing that said Clark owns the D' of Section 24 and the *of Section 26, T . 10 S . R . 40 H . W . M ., and that said lands are riparian to the West Fork of Sutton Creek which land was involved in the decree of Palmer & Denham vs . Richardson et al „ acid in accordance with said decree said land s so long as they are riparian shall have the right to water for the watering of domestic animals and stook and other domestic purposes including the irrigation of gardens cultivated only for family sustenance and the Findings of the Water Board are so modified . 123 . L . S . Wirth filed an exception to the Findings of the Water Board on a000unt of said Findings not recognising a stipulation tiled on page 401, Vol . 17 of the reootid . From said stipulation it appears that water .should be distributed from the Hoke—Robertso n ditch, first to Wirth Brothers and second any , surplus , to the lands owned by W . H . Shoemaker 2. Trustee, John Hoke, J . F . Kennedy and T . B : Marlin and it 'further appears in Vol . , page 90 of the record that W . H . Shoemaker waived any claim to water through the Robinson ditch No . 2 and thereby the water .ri€it for the landaunder such ditch so tabulated unde r the name of said Shoemaker is subject to the water right for the lands owned by sai d Wirth Brothers, and said rights shall be the same as to the present owners of said land s under whose names the Shoemaker lands are herein tabulated . 124 . W . H . Shoemaker, Trustee, and Thomas B . Marlin each filed exceptions t o the Findings of the Water Board and thereafter filed a . stipulation oonoerning th e same and itsis found that 20 acres of land was omitted from the claim of Shoemaker 3 5 as follows : 10 acres in the NE ,SWh;'5 acres in the 8SdWy and 6 aores in the SWtSW4 of Section 25, T . 6 S . R . 41 E . W . M ., and that the dates of priority from Warm Spring Creek should be 1886 and also the date of priority for said Merlin should be 188 6 from Warm Spring Creek, it is ordered that said rights be as hereinafter tabulate d and that said tabulation be as herein ordered, except the claim of said Merliwsball not be retabulated but that his right from Big Creek remain the same and be fro m Warm bring Creek as herein ordered . 125 . That Flavius Perkins, A . B . Perkins, Geo . M. Caviness, Emma A . .Oaviness and J . W . Phillips in settlement of an exception entered into a stipulation wherein it wa s stipulated that the rights of Flavius Perkins under . date of 1864, should be 'subject to ' the rights of Geo . M . Caviness, Emma A . Caviness and J . W . Phillips, out of spring creek „ save during the month of June, Wien all of the rights of the stipulators, as between them, shall be considered as equal . PONDER RIVER --66- aa. :iiil.}tilde. a a . lt . 40 Iii . U A, 2 aarae in ME Q *woo W I ' ' i 24 acres in SWiEWi;18 acres in the NVi BWi sad 40 acres in 848Wi 8M . 10 T, 8 8 . R . 40 E. W . M . that said Crgnaton Land Company+s predecessor in interest has irrigated said laid since 1887 through the Bamberger Ditch under the date of priority of 1887, md that mi d date of priority for the Cranston Lcnd Company is hereby settled as of the date of 1887 . It further appears that thie lands ie tabulated by the State Water Board in its finding s under the name of East Baker Irrigaftion & Milling Oompany as irrigated through the Ne w Home Ditch, and said irrigation through the New Home Ditch under date of 1904 is a sup plemental right to the irrigation of such land by said company. The right of irrigation of said lands by said Cranston Land dompany shall at all time! 4e inferior :to the right . Reynolds, T . B . Perkins, J . P . Perkins said (i B . Perkins,-heirs of E .P .Perkines of Madella E , to the use of water from Powder River through the Perkins Ditch ' #2 for the irrigation o f 20 acres in the NEyNEI and 19 amide in 8E48Ei Boo . 2p, T . 8 8 . R . 40 E . W . M . That said land of the Cranston Land Company and East Bahr Irrigation and Milling Company by this findin g is changed so as to read as set forth in the tabulation herein contained. 127 . That the name and address of ' each appropriator of water from said Powder Rive r and its tributaries, arranged in alphabetical form, together with the dat4 of relative priority of such appropriations, the number of acres to which such appropriation applie d and to whioh such water is appurtenant, the use or uses for whioh such water wgs appropriate d and is now applied, and to which such use is limited, the name of the ditch or ditches through whioh such appropriation is diverted, the name of the stream or streams from whioh such ap.n , propriation is diverted, and the description of the land in the smallest legal subdivision in which such water rightsis appurtenant, arranged in alphabetical order, and met opposite th e name and address of each such appropriator, are as follows, to-Witg . t DM . o f Nom . end Po .tofflee Address Amount Number Relative Coble Feet Uso Name of Ditch Stream Description of Land or Plan of Us. of Appropriator Priority Par Second Area ' Adams, J . W . ; 1867 50 !Irrigation Adams #1 Salmon 20 acres in swim* Baker, Oregon Creek 30 acres in 8B 81 Section 34 , g.ctgEut, C°u , 1867 110 Adams #2, Mill Ore 40 acres i n T— 1(Q 3( 3,4 Waggi e 40 acres in Creek, 20 acres in S ?. . CoL Sprin g 10- aures in 1 + Greek Section-34 , T . 8 8 . R . 39 E . W . M. ' . 1867 160 Adams Balm= 160 soree 'in 1 gr° #4,6 Creek, Seotion•3 , Spring T. 9 8 . R . 39 E.•W. M. r' Creek and ., rings Sec 3 T .9 S . R . 39 MS Superseded by - , M. 0 A~6 de rt. Na. I Anderson, F . OR it 116 Irrigation s. Sp.OrVd Anderson & Rook 38 acres i n Haines, Oregon ' ; ..7 Morris Creek 38 acres i n 40 sores in 8 ~wv Co, - Sect ion 81 , T. 7 8 . R. 39 E . W. M . April / 30 Irrigation Andorran & Rook 40 acres in 1 ' 1891 Aehwood Creek 40 acres in c {t, p 1 . o u r, 5® SAO ion.. 36 , xlt.pe /e T. 7 8 . R . 38 E. W . M 9 adereon, R . P . & 1883 33 Irrigation Little Little' 8 acres in + . N . E . Dodd Antelope Antelope 8 acres in ,fl ! Haines, Oregon & Springs 14 sores in located 28 acres in 8t' in BWtWWi. 10 acres in 1886 75 Seo .2- 8 stores in IlEiNEi 40 acres in Sd'e .10 25 enrol, in 8ENE Section 3, See . 9 33 acres in . 1187 72 40 sores in 17 acres in +y : . Section 4, 14 acres in NE'g- - Section IN T .6 S . R . 40 E. W. M . 9 l (Andrus, Elgy 1866 36 Irrigation Masters Spring 40 acres in R . D. No . 2 Creek 28 acres "in r Baker, Oregon Andrus Dam Spring -8. acres in = " . & Ditch Oreek,#2 19 acres i n ~A Lee #1 - Section -27 T. 8 8 . R . 39 E. W . M . 1 4k,, Angell ; B. R . June 120 Irrigation Angell- Rook 40 acres in ~2,9ar{' Leonnig- Creek 40 acres in 1 + } Haines . Orego n 1886 jt i v fid . Olson 40 aoree in .' ., 1 P fk ''• " Section 34 , ^ T. 7 8, R . 38 E. W. M . 'J , a. . 6 ~Aslrood, William J . F3 . June Hainesi'Oregon 1892 34 Irrigation Favorite Rook 34 sores in OBIOWt '' Greek //./ May 189 6 30 Irrigation Case & Rook 30 acres in NWitiWi Osborn Creek June,8• 39 Irrigation Ashwood Rook 36 acres in NE 1887 R & Green Creek 4 acres in N / PONDER RIVER Nome d Po.tofflee Addreo Data o f Amoun t e n Numbe r of Appropriator $clad ; Cubic Pee t Uw Name of Dltcb Stream Description of Lend ar Pt. . of Un PrloritY Per Second Aorra 9 141 William J .F . Apri l 114 Irrigation Anderso n Hoo k 34 sores in Continued / 1891 & Ashwoo i Cree k 40 acres in o p I 40 acres in April 26 , 1884 176 Irrigation Ashwood Boo k 6 aores•in NSE Creek - . Ashwood 36 acres in 0 , 0 40 sores in N a. 10 acres i n 6 acres i n Section 36 40 acres in 40 acres in Section 26 /- T . 7 S . B . 38 B . W. M. .9 Ashworth, Johnnie 1892 160 Irrigation Case & Book 40 sores in ' 3 Haines, Oregon Osborn Creek 40 aures in -r 40 aures i n . [ ; r -- 3 CL-C • I - . - .. ~ . - - 40 cares in - Section 30- T . 7 3 . B . 39 E .W.M. q -- 5i L rcP $ Atkinson, Frederick H 1902 /53 Irrigation Taggart Powder 26.6 acres in Baker, Oregon . ~ & Parker 26 .5 acres i n Section 16 - • T . 8 S . B . 40 E .W:M . 3°~ood, J . P . Feb . Stook No ditch Sutton Place of nee : Baler, Orego n 1893 Creek S i B Section 28 I. .1 C or 1908 5 Sub—Irrigation Dam Sutto n 6 acres in SEiSW,y Creek Section 21• • i` 1904 Irrigation New Powder 40 scree i n 1}, X20 Home 30 sores i n 3 Section 10• , ancekd 0rRec .V ...4.w 1908 50 1/7 2 0 . T. 9 S . B . 40 E.W.M . i .# Bacon, J . E. Dec . 9 160 Irrigation Bacon Deer 40 sores in . a , Sumpter, Oregon 1886 #1 & 2 Creek 40 acres in 40 acres in Heirs of Eliza E . Bacon . 40 moron in '+^ . . + (Finding #26) Section 21 - ~~ cr Ca . T. 10 S . B. 38 S.W.M. J%aird, John P . 1892 88 Irrigation Baird Miner , 38 scree in NB SW- Sumpter, Oregon 1 Creek 7 acres in 1900 176 Irrigation #2 & 3 38 acres in 32 acres in 19 acres in 27 acres in ^tae Section 4 • - 35 7d B cores in S Section 5 20 sore s in N1 Section 8 - - 40 acres in N 38 acres in Section 9 T. 10 S. H. 38 R.W.M. POWDER RIVER -68- Dale o f Nam . and Po.toffice Addrn. Amount Numbv of Appropriator Aalath•e Cublc Feet Nam. of Ditch htr.om De.crlptlon of Lind or PI.oe of U.. Prlerltr Per Second ps 3 9 ,Baisley, T. H. 1864 28 Mining & Lower Salmon 16 sores in E • v/ " Baker, Oregon Irrigation Never Creek 16 aores in 9W (Finding'19) i Sweat & Section 9 - Upper T. 9 S . R . 39'E.W.M; Never 11 Swea t 1869 4 Storage Reaervoi Hibbard 1 an . ft . pipeline Creek &' & Latera .2/6 int . in Spill- man Spring 9 Baisley, Hattie 1864 76 Mining & Upper Salmon '40 acres in 1867 365 Irrigation Never Greek 40 sores in (For Perry Baisley 1898 190 Sweat (for all 55 acres in "r . estate .) Ditch & dates 36 acres in 'i . Baker, Oregon i Lower Slough _ _- Section 26 Never between 40 sores in + r;. (Findings #19,29,83, Sweat Secs . 36 40 acres in & 102) i Ditch & 36 40 acres in 5 IWaggie 40 sores in 9 .-. r. / •''- '' Speelmanrareek & 40 acres in Ditc h Spring 40 sores in Dame & Creek 40 acres i n ,y~•e Taps for last 40 (wren in two date s 40 scree in ' 1p- only 40 stores in 40 aores in " . I 40 acres in 3 . : - Section 35 • / T . 8 S . R. 39 E.W.M. 63839 f Baisley, S . B . 1864 100 Mining & Upper Salmon 8 scree in Baker, Oregon 1875 30 Irrigation Never Creek 10 sores in --zzcz a r'•. Avow ., aoO 1894 10 Sweat .39 acres in SW 7indings #19,83 1904 67 Section 4• • s: -100 1869 Storage ReservoirHibbard 40 acres in NHOiPW~ 0 '3 . 1 ao . ft . pipeline Creek 19 sores in '•~_!e . , wir~,7 1_ & 40 acres in ', Lateral s r 30 sores i n Lower 20 scree in Never - 1 sores in 1* , ._Sweat •" Section 9 - . 9 S . E 39 E .W .M. or(' °'Baker, Vim 1879 40 Irrigation, Baker Crews 2 scree in Keating, Oregon . & Storage ReservolrSprings 19 scree i n 20 ao. ft . & ditch- 3 .5 acres in S a a' ea Section 14r - zat-ta ( ., 8 scree in 6 sores in ,ae. 1 .5 acres in ;H;ISEi Section 15 - T. 8 S . B . 43. E .W .N. 9 8 3 C7 . . Baker,City of by Chas . L. Palmer, (See Finding #15 ard96) ' Mayor, . _ -- - Baker Oren. 0 8 ? k-V (e Nov . 5 f 25 Irrigation East Powder 25 aores in iota and (Findingsi#16,15,19, 1892 Side blocks and City Perk with- 83,84,96) . ,in the city limits o f Baker, as the individual Pvmer‘''fafne,/ 3 intermits may appear . :- D'v RFs 32, Municipal For municipal rights, see _ .fd r Findings 15 and 96 .I C'r,,,L '{, Q sDI U ;' e 5D cf- 7C.we fflarb :3 P0' DER RIVER -69- D .m of Amount NR me d Pmtotfic . Addroe tt.i . Number of ADVroPrl.to r .tia Cubic Fee t U. . Nm. a( Ditch -i .etnam Aaetlatloto of Laud er Plus off f Prio7117 For Second Acre. . • hl~ QBskar City Lodg e 1876 15 Irrigation Cemetery - 8ntton 15 aores in'. 3EF; q$ .25; . Ditch- .: Creek Se)Stion Baker, recon . T . 8 ,'S ! P . .40 ~rW .M, - . .'63 cA BaIt Lodge #4 7 1876 20 Irrigation Cemetery Sutton 20 sores in &Ip}SFk~ AA Ditch Creek Seotion E7, b y T . 9'$ .8:•40' $ Wooda , Baker, Oregon . aker City Mutua l 1869 60 Irrigation Baker' Powder , Plans of nee : irrigation Company 7lsf, Sk .C)r.Vo/, p .,” Cit y Within City limi.t e ~'•' Baker, Oregon Mutual Co of City of Baker : Pf P' 99 by /e~ r r A poj2 j_ 993 (See Finding #9$ 1 Ste u/ro M , 'l p .23S p. H : Eirkpatrick Baker, Oregon . 775/L3 1 ) o "(Findintg•y #97,32 & 53 Q aMt/Y ;-1 . I 4 Baker City Packin g 1899 8 0 Irrigation William s Powder 40 acres i n Co, by Wm. Dub y McDougal 40 aores in S 3 Bak/e~r, Oregon . Section 3 I 7. 9 3 . R . 40 E . W, M: Baldook, Rmm .t, (See Edgar I . Hindman, aacobesor in interest ) I ~-D aldook, Priscilla 188 7 I~8 Irrigation Baldock Powder 40 aoree in Baker, Oregon T-~'/7 o ~PI n U c// Slough 8 sores in S ---~ fo ggldock Ditch „ ; i ,'~ a s (Finding #32 & 52 h M P HomQ Ditch are 1 b sloug70 , g e3 .~ tiCv Ii tra i rfl11e ~ Q q Balm Creek Orchar d Aug . 13 0 Irrigation Foahs O'7o. 3 Company 1904 by L; r 0 • C . Finkelburg Baker, Oregon . Section 2 9 7 . 8 S . R . 43 3 . W. M. (Finding # 82 ) 5 acres in S Section 13 - T . 8 S . $ . 42 E . W. M, d jf 9Barger, J . H . July 18 Irrigation Ashb y Jilpmi e 5 acres in SW}SWI North Powde r 14 , ,Creek Section 24 Oregon , 188 7 13 acres in NW . us u .., ~ - C .0 . Section 25 7 . 5 S . R. 39 3.W . 1a59 yf 9 Bauer, H . F . 189 2 6 Irrigation Harrison Wolf Cry k 1 6 acres in SBS3k fr - North Powder, Ore . 189 7 4 Irrigation Center Wolt Or e k Section 3 ~y tivr>, Lo . 188 7 6 Irrigation Harrison Wolf Ore k 7 .68 .& .388, W. M . Beckwith, , Nanca cyy G . 189 8 45 Irrigation Spring Spring & 10 acres in SW ti Baker, Oregon . Creek & Pine 35 acres iii S8t88 po D .a cc/f) Beokwith Creek Seotion 3 0 7 . 8 S . 8 . 39 8 . W . M: GG 4 59Bennett, Claude E . 187 8 100 Irrigation Cranston Balm Cre=k 35 .5 acres in SI iD l Beatin~7 , Orego n Mar . 9 #1 26 acres in NB g 1889 50 Irrigation Bennett Balm Cre=k 25 acres in Y J # 1 35 acres in ^laa : ,(Finding #82) Harrington Balm Creek Section 1 3 189 2 63 .5 Irrigation 30 aoree in E4 189 3 50 Irrigation Hulick Balm Ore=k—22 acres in S B 1905 39 Irrigation Bennett Balm Cre=k 40 acres i n Siring 40 acres in , & 31 acres in Smal l 18 aorea in S'% • y - Ditch Section 2e 7 . 8 Sa B . 42 8, W . M . i g9 Benson, Clark 186 8 30 Irrigatio n Rock 40 acres in NBkNE- Haines, Oregon 1898 50 Creek 40 acres in NWT Section 2 (Finding $86) 7 . 8 3 . R. 38 8. W. M . P0tDER RIVER 70 Date of Amount . ;, ' .Name and radiance Address Colour, Cubic Feet Number ' Sinn. ..1. of Appropriator Priority Pur Second Acres : . . 0 . Blackburn, Margaret W Dec . 7 856 .27lrrigatio n Basohe Powder 36; aoree i n . Clyde G Love, 1880 40 acres ;n Helen Jeanette Lov e 25 acres in i i'+ Geo . Vermon Lov e 22 .2 acres in .NWW}' --' •. Keating, Oregon . 19.07 , ,acres ` . a . ., 38 aargs in at* 40 sores in . t , 4Q .acres in . 8 acres i n 10 acres i n 32 aoree 3u t ' ' 'AG acres in 40 acres in 40 sores in 40 acres ia' . Section ;2 T . 83. R. 41;E .W .M. . . . 1888 Donnan . 6 aoree i n for sup— ' 2 scrod i n plemental 30 acres in . ~ supply, . 40 acres in for ` 40 aoree in 777 .47 40 acres in ' . acre s 4 acres in t~ • 34 sores in Section 7 15 acres in 3W Wd Section 17 • 12 aoree in 40 acres in 40 aures in N 40 acres in N 40 acres in Section 1 8 T . 8 S . R . 42 E .W.M. Blackburn,Margaret W 1888 Irrigation Powder 37 acres in NE~TII~ et al . (continued ) Rive r 14 acres in S ip Ditch , Section 12 Dam & T . 8 S . R . 41 E .W.M . Construc t 30 scree i n ion Co . 32 acres in S' s t 37 aoree in Sr . t 8 acres in N 4 35 acres in N~9 4 sores in S W 20 acres in SES Section 7 • 23 sores in 3VW,I l ' Section 1 7 7aoreeinMini . Section 18 • T . 8 3 . B .,42 .E .W .M. 3 9Blackburn,Margaret W 188 5 106 . 5 Irrigation Emele & . Powde r 30 acres in S Keating, Oregon . 188 8 P .R .Da m 2 aoree in Ditch & 29 .5'aorps in NE¢SEi Const . Co 40 acres in NWtSF Supp . Section 1 Suppl y T . 8 S . R . 41 E .W.M. for 61 sores . r' Blackmon, Gertrude E 1904 Irrigatio n Ne w (l Powder 'Baker, Oregon . Home o r . fl° Blevins, S . E . 1872 Irrigation Blevina Wol f 18 acres i n North Powder , 1910 reek 38 acres i n Oregon . 12 acres i n 40 :aores . i n (MKf'~ L~ . Section 13 •. T . 6 S . R . 38 E .W.M. RIVER -71— ' f Name and Pwto(fiee Address Dale o Amoun t Nom he r of Appropdamf ice r Relative Cublo Pret Aerea Use Nome of Ditch Stream Description of Land or Place of Use Priority Per Second ~~Bodwell, V .C . & F .M. Nov . ~20 Irrigation Williams Powder 20 sores in 3WiSW4 3 Dr"+ Bahr, Oregon . 17,1899 McDougal Section 3 T . 9 S . R . 40 E .W.M . 'Bogart, Clarence 1900 10 Irrigation Bogart Powder 4 auras in -' e0 5 Richland, Oregon (Supplement— 6 acres ' a •r a _ al eapply - Section 36 • - from Eagl3 T . 9 S . R . 45 E .W .M. Creek th- rough Howel l Ditc h unde r date o f 1901 ) , ~.w [/ol- r/3, PI •/I suoan,e .d uv ° crn .ne Lv/ ~ ° Bond, M. S . Nov . 200 Irrigation Geddes— Powder 40 sores int •:1 5 : Baker, Oregon . 1899 Snavely 10 sores in 10 scree in , yl' ( a 40 acme in S 3 Section 21 • 40 acres in N 10 acres i n 10 acres in 40 aures in Section 28 T . 8 8 . R . 40 E .W .M. p O 6 Bond, J . W .• June 28 348 Irrigation Geddes— Powder 40 sores in 5. 1; g I Baker, Oregon 1902 Snavely 40 aorea in 't '• 40 sores in •' ta • j z s('L . "? . 40 sores in .ta 40 acres . in 40 aorea in c 24 sores i n 24 acres i n 30 sores i n 30 acres in S', : ., I•. -Section 15 • T . 8 S . R . 40 E .W.M . ,t D° 1 d Bond, J . T . 1902 V,200/ Irrigation Geddes— Powder 20 acres in Nar.l Laurenzburg, Ky . Snavely 40 acres in 40 acres in S Ia oit. < 4 .- ,- 20 acres in ?•..~Lr. 40 acres in . ar. 40 sores in . 4 Section 22, - T . 8 S . R . 40 E .W.M. d ° Bork,Frank 1904 9 Irrigation Spring Spring 9 sores in NE - Richland, Oregon Branch Branch Section & 8 riFv dr . T . 9S . R . 46LW .M. °Borton, Clara 1879 "rr48 Irrigation Baldook Powder 40 sores in SWWSE4' 3 Baker, Oregon Slough Section 34 ~~-- do T . 8 S . R. 40 E.W .M. (FindingsIRVINE #32 & 54 ) 8 scree i n 0 Section 3 • T . 9 S . c R . 40 E.W .M . of 2936 7 3 orton Joy 1879 40 Irrigation Baldook Powder 40 acres in `~e•I'',- J Baker, Oregon 1885 v40 Slough 40 sores in ?U4. Ca . * 1901 t' SO 40 acres in -tar. 3Po (Findings #32 & 56) T r T : sae " °.'ock pays 40 sores i n so ., ., On 3o . . / , 16 7 s SeeWa+crmnc}er report in PC 80•!y ,' sr . $eat10A 3 5 /, Tia T . 8 S . R . 40 E.W .M. Bosley, Jennie 1892 36 Irrigation Kastner Powder 5 acres : Stewart Lots 6,7 and Ni of `t/ L ° Slough Lot 8 in Block 25 , _I ',evens Edd. t o Baker, Oregon . POWDER RIVER -72— ,• fir , Dote o f Amoun t Nombe r Cubic Fee t `'''etr..ts 0=4 Land fuse of U.. Priority Per Second Acres Municipp1 'Bourne City W`.' J' Evans, Mayor Ditch . . Bourneregon . tf' Bowen, Ed C 1872 L1 . ° 76 .3 Irrigation Bowen Elk Baker, Oregon $3, Elk Creek v LJ . Creek (pinding #24;32,39 187 1 Boren Powder 40 aores in & 84) 1884 #1, or 28 acres in Slough Springs 40 acres in TA S/ L1 o or- Ditch 40 sores in Bowen 15 aores in #2, or Section 5 East T. 10 S. R. 40 E.W .M. Side 28• acres in 40 sores in 3E -aores i n 34 sores in 40 sores in Section 32 ' ' P. 9 S . B. 40 E .W.M. Irrigation Estee Powder 40 aores in 40 aores in 40 acres in SWO!f 40 acres in 3BW Section 30 T. 8 S . B. 40 E .W .M . Irrigation Bowers Powder Robinso n & MoOor d 1901 80 Irrigation Bower s Powder & Whit e Nup .rood, . by i Camceled Sp .Or.Rec.Vo! p 2 rt. No. G 5 2. 0 .+•1 Bowles, J . M. 186 7 Irrigatio n Spring Pin e 40 acres in Baker, Oregon . -1-869-jBG7 80 Creek Creek 40 sores i n Hutton . 40 acres in (Finding #100 ) MoQueen 40 acres i n Section 32 ‘eftdeei- See PeZtce T. 8 S. B. 39 E.W.M . 3 i. Piz, p -9 t(° Irrigation J . M. Waggie Bowle s Creek Supple - mental supply for 4 0 acres. ' of 1 Bowman, G . L . 188 2 15 Irrigatio n Bowman Beagl e 15 acres in SBIJTBi Medical Springs, 188 5 15 Harei n Creek 15 acres in NEiSE Oregon . # 1 Big Section 10• - C ... R. Creek T. 7 S. 41 E.W .M. 36 3 0 I p Bowman, G . L . 187 2 19 .6 Irrigation Bowman Pine 195. acres i n ..re ft / Bowman, Bertha 189 0 44 Irrigation Bennet t Cree k 28 .5 acres in . SW N Bowman, Fred Section 29 • Bowman, Bessi e 15 .6 acres in 3E TE- Medioal Springs , Section 30 - - Oreg n . T. 8 3 . R . 39 E .W.M . Bowman, I . T . Nov .17 V 10 Irrigation Williams Powder 10 sores in NW- , .may J Baker, Oregon. 1899 McDougal Section 3 - - T. 9 S : R. 40 3IYER -73- Andre . Dote o f Amoun t Name and Pwtoffice Relative Cubic Feet~Numh.r U.e Nome of Ditch Senora Description of Lend or Placo of U.. of Approprlabr Priority Per Second Ac,ce /'Bowman, John 1893 `-"5 Irrigation Sastmer Powder 5 acres : Baker, Oregon . Lots 1,2,6,7,8,9,10 , Block 24, Levens Addition to Baker, Oregop . i e Bowman, N . B . (eat) 1886 100 Irrigation Gorham Wolf 40 acres in ,~: r. • by Creek 40 acres in t, +. { Joe . E . Bowman, 40 acres in North Powder, Oregon 40 sores in 1 e ta . Section 8 lGr " 1894 60 Irrigation School Wolf T . 6 S . B . 39 E .W .M . House Creek & Littl e Cree k Y Y 11 Boyoo, R . E . 1872 X160 Irrigation Palmer- Powder' 40 acres i n Baker, Oregon Boyce 40 aorea in 'fi 40 acres in , (Finding #32 & 56 ) 40 acres in / 1869 3160 Irrigation B .E .Boyoe Powder - 40 acres in j a,. le{ - East Side - 40 acres i n & West 40 acres i n Side-Old 40 aorea in .. ' Settlers Seotion 3 6 Slough T . 8 S . R . 39 E .W.M . i) Boyce, Wm . H . 1872 V 480 Irrigation W .H .Boyc ei Powder 40 sores in ' 40 acres in -for; Baker, Oregon . Palmer, I T05-/ Pop I Boyce, Old 40 acres in , . Settlers 40 acres in 'fu . . *: Slough Section 36 '1- T . 8 S . R . 39 E .WX. 40 acres in a•-. • . 40 acres in 40 sores 'in 40 acres in +' .. 40 sores i n 40 acres i n 40 aorea in S 40 acres in SSV' Section 3 1 T . 8 S . R . 40 E .W.M , ,Bradbury, A .A . Nov .17 '"4 0 / Irrigation Williams Powder 40 acres in NW Baker, Oregon 1899 ` McDougal Section 3 f~.- T . 9 S . R . 40 E .Ifi.M . oyg Bragg, Harry L . 1892 V 1 / Irrigation Saetner Powder Lots 3,4,5, B .W .Levens Baker, Oregon & Levens Addition to Baker, Ore. ?<.~. 1='I . Stewar t oy b Slough Brent, John 1893 284 - Irrigation John - Wolf 31 acres in os .-., Lo North Powder, 1906 268 Shaw Creek 19 - aorea in •Oregon . J (499 .5 a . 40 acres in ' 63 SS ti supple- 40 'acres in mentary t Section 7 r 1 Irrigatio . 34 aorea in ..d~•. see from Math 39 acres in • s~•Si ya ony Creek 40 acres in S ., r a tribu - 40 sores in ' o .' .I tary o f 35 acres in ,ur North 33 acres in ar Powder Section 8 ; River ) 2 acres in NW . (112 sore 2 acres in ,.t' supplemen -17.5 acres in ` ark auppl 34 aures in NW from 40 acres in SW 'Wj Littl e 24 .5 aorea in S)AsN W---- Cree k 38 acres in a ^- unde r 40 sores in 1 g date of 3 aorea in 1909) 22 .5 acres in NE POWDER RIVER -74- Noma and Postofflea Add. . Date of Amoun t Number Hdallr. Coble Pmt Un Noma of Dlteh Stns . Description et Land orRlaee of Me of Appropriator rrlorltr per second Aceu Brant, John 19Q9 38 Irrigation Brant Little 16 .5 sores in SE}NWW North Powder, Little Creek Section 9 - Oregon . Creek T . 6 S. R . 39 E .W.M . 1893 120 Irrigation O .Bryant Wolf 40 sores in • ' : i-' d sBrant, WSn . Creek 40 sores in IUr.'r)`~ ;. Borth Powder, } Oregon . t 20 acres in r '•~ Lam,, G .n 20 acres in Section 8 T . 6 S . R. 39 H.W .M. eBrooks, C . H . 1876 66 Irrigation Daley Daley 38 acres in N4SW . Richland, Oregon Creek Creek , 28 acres in RWzSWi- Brooks (Supple- Section 30 - Howell mental T . 9 S . B . 46 E .W.M . Lf,li r, & fro m (Also supplemental suppl y Jefford. Powder from Eagle Creek through River • Howell ditch under dat a under of 1901). . date of 19054 • 1907 10 Irrigation Alexande Powder 10 sores in NW 4 Section 30 - I T . 9 S . R . 46 B .W .M . 6 5 M Brown, Asa~)~ L . 1864 25 Irrigation Brown I Marble 2 aures in SH ~ .' Haines, Oregon 1901 18 or • 9. acres in Grave l 20 acres i n Creek 12 . sores in - (Finding #12, 14, a Section 2 - 21,23,86 & 87) T . 8 S . B . 38 E .W.M . 1868 .173 .8 Irrigation Brown Rook 40 acres in y " . belong Creek 40 sores in '-°' 1894 120 1 40 sores in SW . 0)40 acres in -0,•. 40 aoree in ,' a +tile 7, 3868 Pou o 'a. sEON ..go 40 acres i n T62ir5, 7=4.46. c 40 acres in 10,. 13 .8 scree in 'SW4SL Section 1 " Oct . 1 60 Irrigation Brown Willow 40 acres in SW . 00 r - 1864 Creek 40 acres in r...' •. 1868 60 (Supple- 24 acres in NES 1883 23 menta l 19 acres in NWiS* supply Section 2 for 10 0 ao .20 acres in SWWSW • in Seo . 2 . Seotion 1 From Roo k T . 8 S . R. 38 E .W .M. - " . Creek under date v of 1868 ) N D~ f / Brown ; Geo . W . 1893 80 Irrigation Gearin Powder 40 acres in NWSle orb Baker, ` Oregon . Brown 40 sores in SW 1891 V32 Chico .St . 10 acres in NBg•13 : Old Set- 22 acres in'1 , 1* " ~ t J tiers Seotion . 7 - • Slough T . 9, S . R. 40E.W .M. o .5 l Brown, Mike April 42 Irrigation B .Fork 21 acres in Re Keating, Oregon . 1900 of lov e 20 acres i n RS Creek , Section 26 - (Finding #88) Glasco 1 sore in NE Cree k Section 3 6 and T . 9 Se R. 43 E .W.M. r Springs / 0 ff Brown, P . J . 1880 285 Irrigation Rancho Powder 4 acres in Baker, Oregon . 20 sores in o ~. a I<: . Com . POWDER 3IIfEH -76- 7002- LPoo•,,s e:u:D - -~" X71 P 12, ~(~5 -~- Dame ( Name end Paiodinlote Addre . e Ameont Namb.r of Appropriator DPrioer 4 Curie Fea t Area U.a Name of Ditch Stream / Da.erlpfl.a of Lama or Place at U.a l.rlq Per es Brown P . J . (Note; Claiman t ha a supplementary sapply or 169 acrea32 acres in '+ a Baker, Oregon . lyin g undo the Perkins 4.itc h with a p iority dat a of 189 8 3 acres in 1. .~+~• (continued) and for 26 9 acre s ying der the Du n n Ditch wish a prior.ty Section 22 te of 188 8 and t ese acreage s overla ' and are include d in 8 scree in NWT he 285 acres unde the 3asche ditch .) Section 2 6 30 acres in N 40 sores in 40 acres in -0 N 40 acres in 35 acres in ~_. 33 acres in NW .;N -- Section 27 - - 36 6 Brown, P . J . 1901 201 Cranston _IT" acres inNE 27 .5 acres in Mini 18 adres in NE 16 acres in ' a 31 acres in 6 acres in S 35 acres in SM• , Section 22 - 19 acres in SWiSW e 0 .5 acres in SWWNWi Section 23 - 30 acres in NWV-Wi Section 26 8 acres in NEiNEi Section 2 7 8 S . R . 4$ E .W.M . Broyles, Walte r 1899 60 Irrigation Tagger t Powder 30 acres in J aneIV .Y . Broyles or #14 30 acres i n Baker, Oregon i Section 2 1 Of) L ' L. (0_0 . T . 8 S . R . 40 E .W.M . 3 '1 Brunson, Geo . A . 1893 Irrigation Kastner— Powder Lott, 1,2,3,4, Block 25 , ' Baker, Oregon Old Set — •Levens Addition t o ,„k., tier s Baker, Oregon l 47 Slough suporaeaaa by .Rec .Vol P / . p $ periceled Sp~Or Dar Na. 6 Fr/ 2 0i Buchananf, W . A . 1871 20 Irrigat et, - small Salmon 20 acres in SEaNWs 4 and 1873 14 ditohes Creek 14 acres in NE-SW- Pansy Buchanan Section 4 - Baker, Oregon . T . 9 S . R . 39 E.W .M. (Finding #29) ,5d, . &Domed. by ~ianceled SFOr .Rec .Vo1 P. 68/ °,3'Buohanan, Wm ; T . 1871 ~4 •• small Salmon 20 sores in SE } & Martha Buchanan 1873 18 Ditches Creek 18 acres in NB g' S W- Baker, Oregon Section 4 - T . 9 S . R. 39 E .W .M. (Finding #29) r'n d4C Bunch, R . B . 1903 81 Irrigation : .,'. . So .Prong 26 acres in NEiOi Keating, Oregon . of Glasc o 10 acres in Creek 20 acres in Section 26 - - 25 sores in SE Section 26 - T . 9 S . R . 43 E .W.M . d i$uuyan, William 1902 t 24 Irrigation Chico St . Powder 24 acres in NE4SE4 _ (I Clatsop, Ave . , ' Old Set— Section 7 Portland, Oregon tiers T . 9 S . R . 40 E .W.M . - by Slough John Waterman , 38 7 Baker, Oregon . (Findib9 v4) cto . V° Barden, Lucy 1879 75 Irrigation Burden Sutton 27 .4 acres in . / Baker, Oregon . #1—2 Creek 18 .4 acres in 4' .x : J` (Finding #85) 29 .2 acres in - 1 '+ 3 a Section 3 6 T . 10 S . R . 40 E .W.M. T 1 t 3 5 8 o n PoP Co . ALL = POWDER RIVER -76— ::Mi -ow Nnme and Palatka Addream Date of Amoun t Number of Appropriator Delattr e Cubic Fee t Use Name of Ditch Stream Daauiptlan of Land or Plae . of Uma PrlorilY Per Second A" . r 9 d° Burke, Patric k May 108 'Irrigation Burke - Roo k 25 aores in 0-e Baker, Orego n 188 4 Owens & Cree k 5, sores in .1 %141 4 Cartmil l (SupP .sap - 1 g acres in '•' i ly from Seotion 4 - (Finding #11 ) Willow 26 acres in ° = 1L = Creek 40 acres in - ice. for 48 so . , section 5 - through N c , , j Willo w Cree k ditoh ) 1872 15 6 South Willow 36 sores in SW1- Willow Creek 23 sores in SW - Vi Creek 20 acres in y°r { 40 acres in ° s .+- - 36 acres in Section 4 - 3acres in NEyL,SY* Section 5 - • T . 8 S . R . 39 E.W.M . ° >d l Burnside, I .S . & 1896 46 Irrigation Spring & Spring & 40 acres in SWiS4L M. F . Burnside 1877 7 Burnside Pine 28 acres in S Baker, Oregon , eo . 1906 16 Creek Section 29 - (Finding #91)6,,„r '. I T . 8 5 . R . 39 E .W.M . ,I° Burnside, J . A . 1895 10 Irrigation Rook 10 acres in S W / Haines, Oregon . Creek Section 31 - • T . 7 3 . R . 39 E .W.M. ,/°Burnside, Jas . A . 1872 1 .6 Irrigation Sand 23 aores in SW i Haines, Oreton,, a . 1890 21 .5 Creek ection 31 T . S7 S . 3 - 9 E .W.M . / y`° Burnside, John M. / May J. 80 Irrigation Miller Rook Ck, 40 acres in NEiliEi Haines, Oregon . 1889 & Millams- Section 36-! • rpi .•') .-` cue res- 40 sores in 8B SEs ervoir Section 26 -' T . T 7 S . R. 38 E .W .M. Ifs 414/ .2 Burr, George and 1898 70 . Irrigation Jeffrey- Pine 160 aores in S9J Ebenezer Creek Section 20 Baker, Oregon . 1908 170 Storage of Ieon, ta>80 acres in NiNEi 720 ac .ft . Pine Creek . 9 ~•aD'3554 • Pca 80 A, R M%N6>i4 5 .. al Section 2 ir "" reservoir T . 8 S . H . 39 E .W.M . (Note : Elie tabu.ation of this claim taken the place o f the tabulation in the Findings of the Water Board of thi s olaim unier inchoate r_ghts .) ,16 B d Burris, Henry 1904 3 45 Irrigation New Home Powder 35 acres i n Baker, Oregon . 10 sores in S~ ' Section 9 - o ~, T . 9 S .R . 40 E .W.M . / Butte, Cearles 1904 V 20 Irrigation New Home Powder 4 sores in °..o° . Ida B . Butts, 16 acres in ° i v Baker, 0 e on . Section 9 Gloried' U T . 9 S . R . 40 E .W.M. Calhoun, J .D . & J .H . Deo .8 20 Irrigation Gardner Clear 3 acres in NB,SEy Sumpter, Oregon . 1885 Creek 8 .6 sores in $Fi-SRi , Section 1 9 8 .5 acres in NEINEi Section 30 - 7\- 1888 72 Irrigation MoEwen Powder 22 ores in N ca'm! & Griffin 14 acres i n or Saoree in Farmers Section 2 0 T. 10 S. R. 38 E.W .M,:) POWDER RIVER -77- 'PtPlIP : : WATERMASTER DISTRICT NO . Ef WATER DISTRIBUTIO N COUNTY COURTHOUS E HYDROGRAPHIC SURVEYS BAKER 27O I 4 STATE OF OREGO N SNOW SURVEYS TEL . 027 .2022 STATE ENGINEER ' WATER RESOURCES DEPARTMENT REFER TO FILE NO. arvin Benno,t,xssistant i) E Stat, Snginocr i iss] 516 luelic Service Bldg . - ,'O N Salen , Orego n Dear r . Bennett : The C .A . Carothers property under Cert . A' 4051 Powder River is no irriCated . : ost of this land is covered by backwater fro m src, _o Res . c- is in Idaho Powers' name . Remaining land is owned by cCall - r.cCall oil Co . ( Nobil ) Portland , Oregon Sincerely ; /10~6 Ge2rge Ward --7r' texUSlaster Dist, 8 CHRIS L . WHEELER State inginee r g 3 F an B . Bennett, Assistant N- RCI Ea TO I"tel CG STATE OF OREGO N PILO NO, STATE ENGINEER WATER RESOURCES DEPARTMENT 818 PUBLIC SERVICE BUILDIN G SALEM 9731 0 . e sear ; L6, lei 7 Mr . George . Lar d ',Jateraaster Dist . a County Courthous e Baker, Oregon 97d114 Dear :r . Yard : The Powder diver decree in Volume 6, page 369, (typed page 7a), in th e name of C . / . Carothers, bcir-I Certificate Co . 1051 tabulates some 57 acres , stating; they are in sections 21, 22 and 2e, Totip 1 91im sleuth, haute 147 East , j,l .d ., as described thesc Lon d e are acrous the snake diver and within the State of Idaho . H' comparison with the map prepared during the adjudication proceedings , these lands may have been described in error and could be eithin Sections 20 , 21 and 29, same township and ruig;e . These lands may ' paw be covered by the backwater from Pronmlee Dam and if so are subject to cancelat*ion, however the correct description of th e lands must be detercined . sill you please search for the original Proof of Claim as submitted by C . L . Carothers and ii oeeible,detereinu ii the lands ac 'lescribed by this certificate and decree were the same as submitted in the Statement of Claim . If you cannot locate any information there, please inquire in the County Recorder's office and ascertain if these lands, or others nearby, were eve r owned by }r . Carothers . This probably hill require an inspection of the lands and inquiry o f the present owner who !soy have claim to and is :caking use of the eater from Powder River u p on what lands . If it so happens that the lands were acquired by the Idaho Power Company and are submerged, this office will carry on from there . If the lands are not within their ownership, and are being irrigated, the present owner must submit evidence to the Circuit Court to have the description corrected . If the lands are not being irrigated mad still under private ownership, reques t the owner to submit all affidavit authorizing the State Lngineer to oancel this water right . Very truly yours , CHRIS L . WHEELER State enginee r in B . Bennett, Assistant Date of Nemo and Protoffle. Addrm. Amoun t Numbe r of Appropriator Rotative Ruble Feat via Rama of Dlleb 8lnam Description of Land or Plaae of V u Priority Par Second Aero 'Campbell, John 1904 23 !Irrigation New Home Powder 6 acres in • tt, .e ~ . Baker15 17 aorea in S ' TL - I Q Po>~ T . 9 S . R . 40 E .W.M . d " Carlson, Chas . A . 1891 3 !Irrigation Center- Alder 8 aorea in SW*SWL Sumpter, Oregon . 5 West • Greek & 8 acres in Side West Fork 5 acres in (Finding #102) thereof Seotion 32 - T . 9 S . R . 38 E .W .M. a d , 1900 8 Carlson 5 & Hughe s Alde r f Greek ° ~I 4 Carothers, C . A. 1906 87 !Irrigation Carothers Powder 8 acres in NW' NE i Robinette, Oregon . Section 28 - ~• ° 17 acres in NE46E • r.; .: . ~ ,' 20 aures in SDS (Finding #89) t' ° 16 sores in 4~ . 2-) 2--;- 2c, Section 2 1 ('0 , Iv 14 soma i n ') 12 aorea in 3W4 Section 22 ! T . 9 S . R . 47 E .W .M. ~y 'DCarter, Joe 1878 40 IrrigatLon Warfield Sand 40 sores in NE~NW~ - Haines, Oregon 1883 40 & Haines Creek 40 aorea in NWtNWt Colas Section 32 Carter- T . 7 S . R . 39 ID .W.M. Hammond Cartmill, D . M. March 240 Irrigation Burke- Rook acres in SW L Hainea, ;Oregon . 1884 80 Owner- Creek 40 acres in 18 ...jL., 1893 80 Cartmill 40 aorea in N 4E. (Finding #23) 1901 40 aorea in ,4 ya' Section 1 T . 8 S . R . 38 E .W.M.3 ' .- 40 sores in SLS- ,4O acres in 40 acres in 34. ' r 40 aorea in , D . - / 40 acres in NWa- k. 2/40 acres in NWWSWa Section 6 T . 8 S . R, 39 E .W.M. S1 Cartmill, Eva J . 1864 160 Irrigation L .B to Pine 40 acres i n Baker, Oregon . O .P .Ison Creek 40 acres in S• ., (Finding #91) 40 aures in y..14 (( ~ ' 40 aorea in m.! ;' ` , Seotion 21 - Ndt~ T . 8 8 . R . 39 !E .W .M . Cartmill, W . A . May 1 160 Irrigation L .B . & Pine 40 acres in , a Baker, Oregon . 1902 O .P .Ison Creek 40 acres in (Finding #03i & W . A . 40 sores in (tut . ' ° Cartmill 40 acres in 14 "' . Section 15 • . T . 8 3. R . 39 E .W .M. ~6 Cassidy, Wm . J . 1884 1 Irrigation Easter- Powder Block 4, Sellog a Additi m , Cassidy, Robt, A . brook to Baker,Oregon . Cassidy, L .L .- Old Set - Mary Warren, tler a Win . Fritz, . .Slough Bessie Sargen t & Robert Sargent , Heir of Ann Cassi t .5 . r - /4 .P ' Castor, F . W. 189 7 1 0 Irrigation Toney Roo k 23 acres in SW41NW1- ',!I7,21, v y Haines, Oregon 1883 23 Blize Creek 28 aorea in 3D m`r-ivr ° (22 . 1 94 18 Section 35 ~~ + ~ T 3,12q All 6 D Paul , ,p T . 7 S . R . 38 E .W.M. iib POWDER IVEH -78- Date o f Amoun Name and Patotflce Andre.. t Numbe r -- of Appropriator Eelatir . Cubic Pee t Un Name of Ditch Stns . Dascdpllon H Land or Plea .f Us . Priority Per Sceond Aere. 3 Lots 1 & 2, Block 6 , d~Caviness, Ella 1884 Irrigation Easter- Powder Kellog a Addition t o Baker Oregon . r broo$ ~( G ., ;A ~ Old. Set - Baker, Oregon. tiers Slough ,~t i ~N Caviness,O 6,3'67 Geo . M 1866 80 Irrigation Phillipe Pine as 40 sores in , & Spring 40 acres i n & Emma . t ,u• t:. ('.sal) 2 v' Baker, Oregon "°1P°D rr°" ' Co, Caviness Creeks Section 3 T . 8,S . R . 39 E .W.M . (Finding #91 ) T-sees ,ee'/ D 40 acres in t .. ) 0 Chambers, C . N . / 1880 40 Irrigation George, Rook /a. n Haines, Oregon ( 0 . 1897 40 Brown- Creek 40 aortae i /. S v , :- DeLong, Section 35 . Chambers T . 7 S . R. 38 B .W .M. I 6' 1898 40 Irrigation DeFrees Root 40 acres in NW4•SP * d Chambers, Wm . N. / V Haines, Oregon . 'I• & Toney Creek Section 36 T . .S. R . 38 E.yf.m.37 0 J ._LB_.P39# .Cert . y G'~ MODIFIED ':D,c:•2 1 --33 acres in " Sh r /) ° Chandler, Geo . E . 1864 v~ 204.S Irrigation Estes Powder 40 scree in Baker, Oregon . ,• #5 & 7 — . ; Section 12 , l v Gr ' -- 32 .5 sores in T~~S Po() -^ 110 sores in R W — 40 soiree in S . . - -- 40 scree in -+ - r 7 acres in yar.•t " . Section 1 1 1864 127 Chandler Salmon 31 acres in eL,.t a Creek 16 acres in a:.t a ., Section 2 3 40 acres in NE 40 acres . in S4 Section 1 4 — T . 8 S . R . 39 E .W .M . 1864 55 #14 Powder - 40 acres in sly, --. 15 acres in 1864 V/ 755 #5,7 & -r 25 acres in SWWSW 16 Section 21 . - /4 1,5 — 160 aures in :1 — 160 acres i n Section 20 • 40 acres i n — 22 acres in ; . . —' 32 sores i n - - 40 acres in 'la,, t -e 11 acres in N .r. 18 scree i n ,- 40 sores in -- 7 acres in N -- 40 acmes in -160 acres in S Section 19 T . 8 S . R. 40 E.W.M, g , Canterbury, C . A . 1886 16 .5 Irrigation Emele & Powder 26 .6 scree in Nib Keating, Oregon 1888 247 P .R .Dam 40 adree i n Childere, J .'H . Ditch & 40 acres i n Transferee, Con . Co . 40 acres in NE-SB G . A . Lincoln Section 7 Transferee 27 acres in S" .. , 25 aures in '14, r 7~°~ ► 1 `a Pon //'~~,w l 25 acres in ' ~ r. SWC Y 40 aures in NW-,$WW Section 8 • b T . .8 S . R . 42 E .W.M . 0 d Chmilding, Paul 1900 /40 Irrigation Flemming Powder 40 sores in NE SiVi J Baker, Oregon . Baldook .40 acres in S2SWW Slough 40 aoree in NWT 7l~95/ 4 Poo 1902 3 120 Irrigation `` Geddes- Powder 40 sores in SWWSE- Snavely Section 26 ' T . 8 S . H . 40 E .W; M POWDER RTVee —ea_ Name and Po .tofflce Address Date of Amoun t Number of Appropriator Relative Cubic Peet Us. Nam . of Ditch Stream Daoutptlan of Land or Place of Use Prlarlir Per Second Acrn "I°Christenson, John C . Feb . 17 3 Irrigation Christen- Roo k 37 acres in +'•, f (Estate of ) 190 0 son & Creek 40 acres in "' '' by J . H . Toney 38 acres in / John H . Ingra m 35 .5 acres inSWkSWJ (Executor ) Section 34 ' Heirs & Devises : 8 .5 aorea in S Mary it ., Thos,H . , 14 acres in NEiSBB Nellie J ., John B . , Section 3 3 Anna C ., George . , 187 8 136 . 5 Irrigatio n Christen - /0' ut/ey. 37 aortae in NE1WJ,• William & Leli a Coles- . 32 acres in SE i Christensen . Toney 31 acres i n Haines, Orego)a . 36 .6 acres in S `SWW (, 1 _ W Section 34, - ~ T . 7 S . R . 39 E .W.M . L S"~ Y'1 D Clark, J .H . & 1900 12 0 Irrigation McEwe n Powder 40 acres in ID 0D, ,) L . R . Harrio L Valley Section 1 6 \,. Sumpter, Oregon . Irr .Co . 40 acres in ' 40 acres in 34 Section 14 • T . 10 S . it, 37 E .W.M . I) O Colley Fre d 1906 3 40 Irrigation Wisdom- Powde r 40 acres in NETS • v Baker, Oregon . . ) Chamber s Section 10 - . i :i" ' T . 9 S . it . 40 E .W .M. O >1 Cole, Fred & 1866 I 160 Placer Little- El k Place of noe l R.W .Littlefiel d MinersMining & field Creek Si of Section 1 8 / Admr . Estate o f Incheasal e for 8E4 Section 1 6 D .S .Littlefield , Irrigation T .10 S .R . 39 E .W .M. Dec ' d . Baker, Oregon . (Finding #16,& 17) ?Cole, Mary E . 1892 45 Irrigation Oliver Deer .20 acres in 'D e Sumpter, Oregon . Tibbs Creek 20 scree in D+ ;t1. ? ' 5 .acres in 'ID ID .. Eu0botdctl by ; '• .I . I 6 stanau.i.i.f.P -6cf*/0 Section T . 10 S .R . 38 E .W .M. -s,4Iae6) V ees (2r .V/. /o 3i/6 1886 ' -Z 7$80' Irrigation Hawley Powder a 30 acres in 5 r „ 1891 K =69• Tibbs, $ 40 scree in _a, :704441 ' Z7•Z ~ 1892 e /~r•zs 56 Swamp, , . 40 acres in " -i/o . Scott Section 12 Y Parr honer'. r „-c,/ : , 40 acres in NEia24 'i.7T 8 7,~ s~ Or Yo/. 3i > Seat ion 11' 3 s ; - T . 10 S . R . 37 E .W.M . 4 a 1 ° Coleman, Clayton May 6 v/20 Irrigation Geddes- Powder 7 acres in NWy11E.i Baker, .Oregon 1876 Osborn- 13 sores in SW'4NB4 (Finding 32 to Chamber, Section 2 9 81 incl .) -”' T . 8 S . it . 40 E .W.M . :•_i - 9) (!)°Coleman, John Sept .29 15 Irrigation Aeyton First 15 'tares in NWjTW- Baker, Oregon . 1892 Creek Section 30 (ji : : it • T . 9 S . R . 42 E W.~ t r 9 i 1°~Coles,Cleveland July 10 200 Irrigation George Rook 40 acres in NBNj1W - Haines , Oregon 1880 Creek 40 acres in r (,, f , 40 acres in 40 acres i n i 40 acres in a Section 29 - T .7 S . R . 39 E .W .M. 4 1 x Coles,-C . it. 1896 18 Irrigation Long & Rook 18 acres in SE E, ,47/' 'U ~n~p 2 O v : Haines, Oregon . Fisher Creek Section 34 iSV T . 7 S . R . 38 E .W.M. ' (u . ~ . POWDER RIVER -80- ` tel Num . and Po.lafflee Addreeu Dote of Amoun t umbe Relative Cuhle Feet N r Use Name of Ditch 8lrcem Deuaptlen of Lend or Place of Use of Appropriator priori, per second Acre. in 8W ' -Si4f'' //'° ' X Cole`s dw . W . July 100 Irrigation George Book 40 sores Haines, Oregon . 1880 . , L33) Case & Creak 40 sores in '+arc ors 1890 . Osborn 40 acres in SL 38 sores in 'n,. SB - . .re' ' Section 20 - sores in SW46W} -^' ~' ' H, ry ac e''d CI*T R .FB 13 ~~ Section 2 1 40 acres in l T- 6 8 g 3 38 some i n ; Section 28._: . fr „ 37 sores in v4,03 ier ° 40 acres in , ..,a /a9 ° 40 acres in 40 scree in .1, .e / AP ° Section 2 9 1900 86 , Irrigation Cole Sand 13 sores in .• -a ' ' 4 °° #1 Creek 34 scree in ., a -` "• ~~ • 25 acres in ,, ~..~Y •14 sores in . Section 28 . 1880 127' Irrigation Cole Sand. 21 acres in .. :v %i'8 O #2 Creek 6 acres i n 40 acres in N-. , . ,er. 40 acres in +'•' ' .,,-rd 20 acres in NBESW Section 28' - Apr .28 171' \Irrigation Coles Send. 6 sores in N~ irr ' .I 1881 Creek >ti,4—3 7 acres in N +3r—40 sores in 3 S ~1, ,PA of• i-' ,-q" sa .a .Y2e,pzi \ter., aoir~ q' •r 7— 8 sores inSW , er ' Section 28- - 40 sores i n 40 soiree in i°` ' Section 29 - - 1906 - 52- Irrigation I Christen- Powder 4 scree in NW NE "- een-Toney 13 acres in SEgN' Coles Section 28 - 4 acres i n 31 acres in ~•• c Section 27 T . 7 S . B . 39 E .W.M. a I4 11 Coles, Fred, 1865 40 Irrigation Solomon' Bock 40 sores i n 3 Lillie & Joel 1874 4,0 Irrigation Coles, Cree 40 acres i n Haines, 0 egon . Modified bf ease, Vo1.18P1&U8S McCulloc h Sand. Section 32 • Co & Weisner erect T, 7 S . B . 39 E .W.M. 6, ~r1 p is 3., tl 3 . e Coles, Walter, July 10 85 Irrigation George Rook 40 acres in a r " Haines, Oregon 1880 Creek 20 sores in ' 5 acres in Sa - V ~ • (/ 20 sores in ^la. 0-, t 1881 115 Irrigation Coles Sand. 20 sores in 34 Creek 35 sores in '14 20 sores in , ; .-. 40 sores in . - lar Section 29 • T . 7 S . B . 39 E .W .M. oh G ''1 Coles, Wm . 1884 32 Irrigation Blaze,or rook 32 acres in SEjIEq' „ .1 0 y~ l Haines, Oregon Carter Greek 3 scree in SES 3 ` sp0..su.,-~'~ ' 1908 3 Irrigation Miller Rook Seotion 3 6 Creek T. 7 S . B. 38 E .W.M. 1 Collins, Clara Mar .20 40 Irrigation Brasier, South 40 sores in SW} G,,I/Po f' Haines, Oregol} 1891 Bothler Fork Section 36 - Fes+ i. t,d ( ;, . & Burn- Bock T . 7 S . B. 38 E . w .M. side Creek D I Colton, W . H . 1888 91 Irrigation Duncan Powder 4 acres in SBa5W¢ Baker, Oregon Section 36 • • T '0.61 . 7,S . B. 41 $,W .M, 28 acres in a a ar ” r1 ,r I 10 sores in S . T 700 34 acres i n POD 15 acres in N lh °, ` eotion 2 T . S•~S . B. 41 E,W .M, 1 POWDER itIYD3 81 - Date of Amount Nome and Po.tofflc . Addres s Nomhar of Appropriator Relative Coble Fee t U.. Nam. of Ditch Str. .m Description of Land or Plea of Use Priority Per Second Acra Colton, if . H . 188 5 186 ; Emel e 6 sores i n 1888 222 . i ~ Powder 17 acres i n River 36 sores in ~ • Dam Ditch 1 sore in NE ' & .Cons . 40 sores in SESE; Co . Section 35 25 sores 1n SWSW4 1 sore in SEe9e':,' Section 3 6 T . 7 S . R . 41 E . W .M. 40 acres in L. to acres in 28 sores in '+ .• 5 acres in + p•. 23 acres in • 5•: • . Section 2 - 36 acres in - . . 40 sores in ' . . 40 acres in 40 sores in -fc ., . r 20 acres in Seotion 1 T . 8 S . R. 41 E .W .M. p •j 9 >/ Colton, C .P . 188 8 I 5 Irrigation Duncan Powder 5 sores in Nii'bTEig- i Baker, Oregon . Section 2 T . 8 S . R . 41 E .W.M . 1885 8 0 - . . . - Emele ! 40 sores i n scree in =' . v 1888 99 I Powder 29 Rive r 8 sores in SWj 7 7oC%( Dam Ditch 28 acres in : •f ' & Cons . 40 acres in I ., Co . Section 36 T . 7 S . R. 41 E .W.M. 34 sores in NW4NEg Section 2 Ipl s T . 8 S . R . 41 E .W.M . 9 CECEIIEi suai:.GL r f .'' 37 1 Columbia Gold Mining Oct . 2 Power Highline Fruit & Place of use : \\ Company 1899 \\~ #1 Horse Sections 29,30,31 & 3 2 By !Creeks T . 8 S . R . 37 E .W .M. Frank S . Bailli e Nov .17 I Power and Powe r Fruit & 'Sumpter,Oregon 1896 Mining Line Horse Section 2 6 Flume Creeks T . 8 S . R. 36 E .W.M. _ •:{ t` Oct . 10 0 Power . Lowlin e 1887 \ #2, or i Cable D g Colvin, Joshua & 1897 140 Irrigation Welch Pine 40 acres in IDg, G . H . Colvin Creek 30 acres in = f ~ ' He. nee, Oregon . . . 30 acres in ' . 14 i 1 40 acres in : In . -r"" ' Section 7 A ( e I T . 8 S . R . 39 E. .M. agy d Conrad, G . A . 1908 26 Irrigation Conrad E .Prbng 18 aoree in (Lot b ) Baker, Oregon #1 & 2 of West 8 sores in (Lot 6 ) Pv . . Fort Section 6 - ending#85)) Sutton T . 11 S . R. 41 E .W. 'a. 0 ' Correll, P .P . 1865 " 64 Irrigation Baldrock Powder 32 acres in '~•..'i : / Baker, Oregon . 1901 3 32 Slough 32 acres in J (T .I .Dunn, successor 32 sores i n in interest) Section 3 - (Finding #32 & 49) T . 9 S . R . 40 E .W.M. Tb95) ( Cv' . P0_00 ~'f" ' POVIDER R1V bti. -82— 4 Date of Nary a d Pwtotnee Addr .. cub,Amoun Feet Numbe y'9 [ Appr .pr .t.r Reletk. t r Priaritr Ae,e, U.e Name of Ditch Btnam Da.erlptlon d Land or Place of Us 4 "n1 Per B .eond e rl Correll, S . O . 1908 IW j 130 Irrigation Dame in Sutton 41.20 acres . in SW4SEi Baker, Oregon . Sutton Creek 430 sores in 8E Creek & Section 34 - Ditches 1'10 acres in SWWSW 1{ /r Section 35 - - ' T . 9 8 . R . 40 E.W .M. 0 it iIE G~Itc cr —sp .Or, y;/ • -t-30 sores in Cancelled-r. or Sea Vol. ./, . P. . roof 1 - ,Satk- .- Cr-eeK X26 aoree i n Section 2 - - 4h.5 sores in NEiNEi Section 3 - T. 10 S. B. 40 E .W.M. 1880 /65 Irrigation McCord Powder 25 acres in Carron 40 sores in Old Set - tlers Slough & Campbel l 1883 38 Irrigation St Salley Powder 15 sores in Z,S .Spgr .U4vr pew. - -23 sores in 'Al p~ d.. H-tie Section 18 - T. 9 S . B . 40'E .W.M. 3 Apr.24 80 Irrigation Wisdom Powder W - eaores in SW S r, /Y85-- 1886 Chambers Section 35 - - * conacin P/ac e of .'--T—. 8 S . R. 40 E.W .M. Usc _ ,rp, .Or; Vol. ,/w 7 40 . acres in Nit ro.~s .n ~e /,T'S lf'oc Section 10 . . . ' j j T. 9 S . R. 40 E.W .M. o 27 5 W C oughanour, W . A . 1895 160 Irrigation Vandecar Wolf 40 acres in 1 04 Payette, Idaho . Creek 40 acres in by •40 acres in S ' .t W. M. Coughanour 40 aures in S North Powder, Oregon . Section 21 - ~aa cr, . i_ ) T. 6 S . B . 39 E .W .M. gl X9 4. 4-9? 5 Coyle, Minnie 1882 40 Irrigation Minnie' Book 40 acres in NWWSW4 Haines, Oregon Coyle Creek Section 33 . - - 1906 40 Bock 40 acres in AESE4 ''' no woe ., 20 -.,, •^ - TS 36o1 oo +e , :. .t owa .t th '+D• ,Creek Section 32 1 T. 7 S. R. 39 E.W .M. o Cusick,I S . F. 1876 13 Irrigation Thompson 12 aoree in SWW- .North Powder, Oregon springs 1 acre in NW lbw- on own Section 14- - land s T. 5 S . B. 39 E.W .M. oS' //Cranston Land Com- 1866 120 Irrigation Baldook Powder 38 acres in 4 ,A '' , any, by Earl F . Slough 4 sores i n Cranston 16 acres in + ..c am' it ' Baker, Oregon 40 sores in (Finding #32 &57) 22 acres in i" .SW4 7tD451 Q Pa p Section 10 • • T. 9 S . R. 40 E.W .M. og 9 Cranston, Anna E . 1897 6 Irrigation Cranston East Fork 6 sores in NWkSWW by Earl F. Cranstor Ditches Clover Section 12 • • Baker, Oregon . Creek & 15 acres in NEES' B - (t Clove r Creek 3 .5 acres in SE43B4 1872 82 Irrigation Crkneton Section 1 1 Ditche s 11 .6 sores in NWi§Wi 28 aures in 3WaWa - Section 12- . 24 stores in NW 1882 32 Irrigation Cranston East Fora 20 acres in SW0T Ditches Clover 12 sores in SWiliWi Creek & Section 13 - Glove r T. 8 8 . Be 42 E.W.M. Creek POWDER RIVER -83- Date o f Amount " • Name and Poeto((lee Add.. Number of Appropriator IIelntir e Cubic Fre t Use Name of Ditch Slbam Deaeriptlee,f Land or Plato pf W. Priority Per Second Aer '' ' . , •' - ~ . .,Fl lr try a9 Cranston, Earl F 188 7 1 5 Irrigatio n Cranston Goose ' 3 aoiep 1p'! . F t .,=" Baker, Orego n Greek c. 12 eorpe itt , i ti ~ ' • 1872 167 . 5 Irrigatio n Cranston 'Goose . 5 fibres 1xi Finding 31-82 & Ingl e Creek 1 acre #n ; 4, Grp , Smith 65 ?aomea in , , 34 gores in , 3N 34 adreA is . + J M 6'abre8 in`, 3 36 PO;ea 7,t= + c 8&ctVon"2Q 22 aura s •10aores44,' + i Saotloati ; Nov .1 7 2 Irrigatio n W1illians Powder 20 bio ;ea in; .: 189 9 McDouga l Sp eot10}~'•, ? ' r rP l r - S. t 46 $ .er .M . 1 Cranston, E . P . 1890 117 Irrigation Cransto n Balm 40 4orea in 1 P Baker, Oregon \Yest & creek Seotlon,lS (Finding #82 ) Cransto n r ~ . East 34 ;gOme3 in u v 28' acmes in' ` • Section 7 , 15 " aoree> in 1 W W9 :! : Section 1 8 T~ B, B . R. 43 FJ'W .M. Cranaton, H . B .' (Eat) 1891 90 .6 Irrigation Cranston :Balm 2 sores in,.SH SWS ` and Earl F . Cranston 7 2 & 6.'-.' Creek Seo ton 24 .Baker ; Oregon (Supplemente d by wa-er from Clove Creek, stored 22 sores in :.NB BW 'f '002 in Cranston eservpir on Clover Creek under , 8,6 aorea in data of 1892, for 3 acres .) 38 soma ro t -'+ . l~r- - 20 .ores ip' +a , 4 :' 1-.~ SeQtion' 2 1892 25 Irrigatio n Cranston 'Clover , . 25 sores ia' 3 50 acre coot and storage °'Ditch & Creek ; ' Section;: 2 6 Eeaervoi T . 8 R ; '.% Fie :Me f t (Supplemented water from Powder 'iver'thr hPhillips , 09~ -Brown & Cranston Dith, under date of 1901•) t :. . ? Cranston, Laura R '1865 117 Irrigation'Cransto • Clover 1b 4o ;ee in).W HB airs Creek 38 soror izi nrl;F- Cranstom_ 17acmes ~\LU y Admtnratrator (Supplemented 'tit waters stored . it C^anaton Ree=rvoir , a. 27 .:aorpa .ia + Faker,-Oregon under sate of 892 for total area, tad by orate from t 20 sores in ' ~ . Powder River crumb Phillips, Brown & Oraneto Ditch -( Section 26 "rte . ` a under date of 901 fcr 90 acres) T• 6 S . Re 42 .E01'.i Q~d --)- '1ooa o Ctdd 1901 17 Irrigation Phillip Powder 17aores in , &E} t .rj r . po() Brown & K 1 r ! ~eo io 1?$6 'i ~4 ,r . ti -P ~, Craneto 3 tEir '. T ! 6 2 ~{' orf s , Ls ; r ► i a r ' C aiaiton, Lena C ' 1896 91 Irrigation granetp Balm a t 4 rsa,1q ",L- ' Baker, Oregon Neat •,Creek 9;Aeree 17i. + I s ; 3 f e :in - + brei g °~ , (Finding #82) : er abrps f ~y { „ ~ "~'` .r ,, .Lfjl 'W • , .~,y }~90~~Q~lN1P•,~ i7w ~ ~ +a-~ n x ~. '°-k•Frr.?~Q tri_ '`" ,, , , } y r TTi. $ id 17 Critohleu Jaa ;Ral h JulY 41 IrriBation II r ad Soujsh }~~ Q~r~ orkae, Oregon s r p 1907 { u 3Di lQh w, r$orks 6 p A i t ` ^~1 ,Qre s i . "1`` 1 +ryt s y a y .,• h7( t . 'A ~~ pt, f~ yT4j 4++W f7Y L 1 '. S .t may µ { 'i'zr(Wi , 1 d 1 '1u 'Jp ~-fhy~ A ti '1,1~. r !~tl+ !(`I t ;''r ~frlA , ~1'~ ~P~ a~ s a _ i ' `~ f Jc• }y [ ` f ~~{{ Cwb ~"~' .I t zpy~ d"` 1 ~~14 "~~ u y fib: X '~^, A - ` ` - _ y . P61` ~•r nyf`~'Y'- 1 t" .vM;, k ' }.r~ P °14t r..,zyd _ ~M . r1~ ro %''!"ex: ` a a ~ y+ ,tea , zh '4'W t P W~ {~. 1 "f,; :P xs -s ` '~,, _ ` 'ls!'}' ilk '.kms} .•'-1rfi` z ~~+. " 4y'`~g- ~ . _ a ,••g s< AYr l., .t +It PQ 11 N 4 . 34. .,,u r. "4 r x r .la„3 4 u.. yy S` ~ ?5~4 "f« b Y gyp. 1'''?'~ •~ ~•'~ r .3 i,w•', . .,G, . iia l t r~ .Yr.. ~ ~ iq+,~, . .A tEn~ . -~"i~ ya 1 Date o f Amount Name and PaatoffIca Addr .. Number Duals Lieu $1~. .A sr PLa. .f Use of AOpraprlatar 8 i S Per t Aern Un Name of Ditch 'Stream , / z 4 Priority b Par c ec.nd . P E BC- \ - r . y 1•2- 1 Mary 188 5 162 Irrigation Groain Deer 35 acre$ i n Ontario, Orego n .#1 23 , Cree k 36 acres in +' • ((( sr' t ~I, ~~ I J • 23 Boren a 12 wren ih 20 SAM 3n dy op .tt:.. a ~'. . P •$eotion+$1~~M ." 011x1 N. , 6 acres in SW}3} l ,j(: ; edsp~.QrRecvr> Section 2 10 8 B 38 DyW.1110 n Garlfrey', L . P . / Mare l 16 0 Irrigation : Union Union aprea in / • by H . E . Currey 188 6 0ree k 3eotigp 2a p. 4 ti tJC ;'• ' DV ',Baker, Orego n (a0res#i n CAr area in 4 (Finding #32,58 & 10 ) C resin '- Sectiop&P a ., . (LO 1871 268 Irrigation Currey & Powder & 30 wren in E Shaffner Shaffner 40 aorea 'ix), /~ .• . , Creek ` .° Creek 40 acres -in •' '- Curre y 20 sores is . -16 Po o 714s Spr Seotion a ` U in SI 40 acre in ' . + Sec : 8 26acred in 38 scree in 36 sores in + .. Section 5 T. 10 S . R . 40 E .W .M 'I Dahlstrom, A . P . 1896 9 Irrigation 16 Mile 16 Mile 7 storesill sW • North Powder, Oregon Springs Springs 2 acres in 9 ' NWT Section 20 . ; 1887 7 Irrigation Stevens Steven, 3 .5 acres i n {= <<'~ I Pastur e Pasture 3 :5 sores in + Springs Spring s Section 18 .: ; SW W Sea . 18 1896 30 Irrigation 16 Mil e Nort h 30 acres in NW • Place Prong Section 20 - Clover Creek 1887 90 Irrigatio n Willow Guaei e 15 acresin•SEiISW4 ;r . & Storage 20 Dell Creek Section 18 - aore feet Farm 14 aoreain N W Section 19 : . 38 acres in 23 acres in aa: ' Section, 20 ;s', . T S ; B . 39 E.W.M , .6 , t2 ? il Dailey, Lairince 1906 16 Irrigation Daily Balm 35•acres in NE Keating, Oregon Greek- 2,6 acres in SWNW4' - - a ,{ tl+, 10 sores in SEeNW, Seotion 7 • • T. 8 S . 43 E .W.M. v . R 1'°Dalby, Mary R . May 8 Irrigation Dalby Biggle 10 .5 acres in NW45W4 Baker, Oregon 1878 Creek 2 aores in S SWs by May 1 4 .5 Irrigation Seotion 2 . Stewart S . Da1bir i 1880 T. 7 S. R . 41 E .W.M. s) .a'• u1 f l Dalglieeh, A . G . Jan . 5 Irrigation Dalglieah Ritter 6 acres in SB Wi, $eating, Oregon 1907 Ditch Seotion 14- • & Dam T . 9 S . B . 42 E .W .M. 0 0'' /Il Davis, Dan J 1900 120 Irrigation McEwen I Powder 30 sores in NROWi- vi\+, Sumpter, Oregon Valley. 2 .5 acres in SE4SW- LC (A' Irrigatior 40 acres in ,rr E4n ~ 0 6' Company 40 sores in BW4SEi 7 .6 acres in 3W4 Section 24 - 3 T . 10 S . R. 37 E.W.M. 37 Q C/ Davis, W . P . 1886 30 Irrigation Davis Daly 6 acres in Richland, Oregon 6 acres in +z_ ` JJ tt 9 acres in ' vl +„} t t, • 2 acres is SW POWDER RIVER -e6- 8 acmes in SS E Section 7 T . 10 S . H . 46 tz_m_v- Date o f Nome and Postalice Addrm a Amount Number of Appropriator Relative Cubic Peet Use Name of Ditch Stream Dueriylion of Land or Plaeo of Us e Priority Per Secon d Acre " X501 q )IDaugherty, W . S . 1868 40 Irrigation Hunetook Rook (ikds) 40 acres in SWQSW4 Haines, Oregon 1890 40 & Meyers Creek Section 6 ( T. 8 S . R. 39 E . W . M. (/890, 40 aores in SR43Ea f i . Ch.i~~/acs ofcr.(' Section 1 4 /dc-_ J/- :. Or yd. 9 i0. n/, r8 T . 8 . S . R. 38 E .W.M. i ,♦ Dean, Estella 1888 61 .09 Irrigation Duncan & Powder 12 acres in SE4' Keating, Oregon P .R . Dam Section 1 1 Ditch 14 17 .8 sores in 11WiNWi Con .CO . ` Section 12 - 31 .29 sores in SWWSEk Section 1 T. 8 S. R . 41 E.W.M. 06 7lI Dean, J .M . 1888 219 Irrigation P.R.Dam Powder 40 scree in NE Keating, Oregon Ditch & 20 sores i n n Con . Co . 38 sores i n & 39 aores in Duncan Section 1 14 acres in 1TElWg Section 12 • 40 sores in t a 28 acres in t' „ Sectional - T . 8 S. R . 41 E .W.M. , l I p D DeFrees, B . F. Apr .4 44 .4 Irrigation Hansen I Deer 37 .2 acres inNEiSW • Baker, Oregon 1903 i I Oreek 7 .2 sores in SeSW4 by Section 8 F . L . Hubbard , 4p T. 10 S. R . 38 E .W .M. ' 4l°DeFrees, J. J . 1912 1 I Irrigation Fisher- Rook 1 acre in S ph Haines, Oregon Long Creek Section 34 - Jan.2 120 Irrigation McEwen Powder 40 aores in ~ i1 c 1898 Valley 40 acres in y5W " Irrigation Section 13 Company 40 acres in N C) Section 3 4 ? 0 S . R . 37 E .W.M. 1 pq )1DeFrees, W. H. Jan.L 120 Irrigation McEwen Powder 40 acres in SRF Sumpter, Oregon 1898 Valley Section 1 3 Irrigation 40 aores in .n N. 'K cd Company 40 sores in '+N .- Seotion 24 - T. 10 A. R. 37 E .W.M. ''1 9 DeLong, Andy 1868 119 Irrigation DeLong Rook 40 sores in NBiSHl Haines, Oregon . & Brown Creek 34 aores in In t T-36 SS 4 poi) , Pop 6 sores in S' 40 acres in S ;,,, 1882 23 Irrigation Chamber's Rook 35 acres i n 1904 12 Irrigation Creek Seotion 34 • T. 7 S. R . 38 E.W.M . V r~Yy 4-w Derrick, C. 1893 63 Irrigation Bowman Powder 19 aores i n _ Richland, Oregon 28 acres in 16 acre' in ^ ~/ .. ( . v . c.+tJ4,arivaAi (~lr Section,~B' yg 9 7'S',? T. 9 S . R . 46 E .W.U. -1'Dodson,'J . L . 1910 Irrigation McCord Powder • 8 acres in NWQSWk `/ Baker, Oregon Lateral Section 1 8 T . 9 S . R . 40 E .W.M. `"r. -o fQ'r ¢” gyp. Cancelled - or Rec. VI . .Z p L6 f3ala.ee -CANCELED • Sp Or . V .5. pftt(. POWDER RIVER -86- N m nod Postotfiee Address Date of Amount ' Delnti .o Number - fAVaroyri .tor Cubic Feet Use Name of Dlteb • Priority Per Second Acres Stream' fl..o4PLlmHLaud or Plus o[IIs I ' Dougherty, Claude T . 1895 19 Irrigation Palmer Sutton 4 acres in SW¢NW ' - Baker, Oregon Denham Creek 15 acres in SE4NW, ® #2 Section 1 2 D Y a ! 1887 i 21 Irrigation Dougherty Sutton 13 acres in N W4NWl #2 Creek 8 acres in SEaBWr Section 1 2 1884 11 Irrigation Palmer- Sutton 6 acres in NE*NW:y 2 1I,5I s,+ Iblo Denham Creek 5 acres in SE;i-NYll 4, #1 Section 1 2 T . 10 S . R . el4A 40 E .W .M . Douglas, E . 1883 4 .5 Irrigation Toney Rock 4 .5 acres in 3M l4 o ~' ? Haines, Oregon 18(96 1 Irrigation colas, Creek 1 acre in NW IWt — : ,r,a, „ TB`1 A.:I- from Section 3 5 5c~~c Fisher- T . 7 S . R . 38 E .W .M . Long . .l 9f Dunn, Charlie 1900 16 Irrigation Sam Pine 5 acres in SW4SW4 c-5e5 w Haines, Oregon Williams Creek 10 acres in S4,SW Co ]- - 3 3o ANteora/dtf'- 5sePearce 3 /. I.3 p . qo, Section 23 v (r, .t. r :o - T . 8 S . It . 38 E .W .M . 1 1 Dunn," T . I . 1881 27 Irrigation Dunn W . Beaver 13 acres in NE41 - Baker, Oregon Side #1 Creek 14 acres in SWPN a . 1878 47 Irrigation Dunn E . Beaver- 12 acres in NW i , Side Creek 6 acres in SW-N T-~fsI,g QoJS'Pop a / 25 scree in SE NEy 4 acres in NEOB42 . 1900 8 (Irrigation Dunn W. Beaver 8 acres in NE4SE4 Side #2 Creek Section 34 T . 10 S . R . 40 E .W .M . }// I Durkee, C . W . 1902 21 Irrigation Durkee Springs 21 acres in SB.SW;i Baker, Oregon #1 to 2 in NWBW4 Section 5 j Sec, 6 & Sec . 8 & T . 9 S . R . 39 E .W .M , `Og SE43W J Sec . 6 38 0 •Dyke, Geo . P . 1882 8 Irrigation Beaver Beaver t9)8 acres in NB SW4 Baker, Oregon Creek T - 3 ozr A y4a ' .Pou (4) May 6 85 Wood- Powder 5 acres in N1 kSW& 1891 McPherson 40 acres in NW4SW{ T (0951 L1'P-of) ' 40 acres in SWPSW4 Section 1 7 T . 10 S . R . 40 E .W .M . Vl//f , V/ - East Baker Irrigation 1893 90 Irrigation Bamberger Powder Lots and Blocks in the & Milling Co ., City Limits of Baker no t by Earl F . Cranston to exceed 90 acres . Baker, Oregon 1887 3210 :, . New Rome O.au 40 acres in N484 Poi-f; frsy • se oe.3o L 6 /.„ 2s8 Za/.not 40 acres in SE SE4 - Section 9 T 4q3 (NOTE : The right through the New fou'e Ditch was first 2 acres in N . N'tW* initiated throtgh the Bamberger Ditch and in 1904 36 acres in NW.ViW4 Changed tp tje New Hcme Ditch) 24 acres in SW04 (This ight is tabulated herein on account of the 18 acres in NW*S 4 except ons of the Cranston Land Co .) 40 acres in SWySWi Section 1 0 10 acres in NW$NW • Section 2 8 T . 9 S . B . 40 E .W .M. 4//sa Eastern Oregon Light & April 1_ 13 Power Chase Rook Place of use ; Power co mp any, by 1902 Sec . ft . Mill Creek Sections 32 & 3 3 F . A . Harmon, Secy to T . 7 S . R . 38 E .W .M . Gen . Mgr . Baker, Oregon . (Finding #28 & 22 ) f ~ . YldYc : / a,, Pat.. 1(l2w,L~ jo t,. e aim '04 7 , POWDER RI1 ER o 87- t tr,L. ri 9, i9zS, o!i ~869 a i// h taus .LLa. .%A : Over. o NE ygSEg ono / G ~ 96 aera./,r S,Ll4 Por, ; ` ec { oc,e W yin _L/~ 1 r~N .0 G d,,tiro- eW... 4, -rsw++cl..+ e-utr ' .Lei /R8 7/ st. .Rar~y . o., .W'1/t.u'r~bonrj+v.0 a+r [ / i' i(' Daln a ( Amoun t Name and PwloUlea Addrna Number of Aparaprintor Eelatir . Coble Feet Uas . . Noma of Ditch Stream Daeriptlon if Lander Plaat of Use Priority Per Baal Aerre l Sutto n 20 sores in8B?M ? ril Ebell, Chas . 189 1 92 , Irrigatio n Ebel 40 scree in ?. ^ Baker, Oregon . If]. Creek .` . 32 sores in v,1 Section 24 , • . , . (Finding #55 . 1 T . 10 S . R . 40 B .W .M .--- , 1872 114 .3 Irrigation #2,3,4,5 E . Sutto i 26 Gores in SB Creek Seotion 19 ; - 15 sores in NWI -JD , 26 acres in NEt-vtt• • 26 .6 acres in 3E 24 acres in NB - Seotion 3 0 T . 10 S . R . 41 E .W .M. Sa tte r wind br ~,~ Canceled Sp.Or .Rec .Voi47 p /2-1( Care ~~Z . Nn aorea in NE&SBF:; -+f ' Ebell, Georg e 186 3 Irrigation Ebell Goodrio h t--5 .5 Baker, Oregon 186 5 1 0 Creek /- 28 acres I n 187 4 34 . .7 31 acres in S~•= ' 188 0 80 , v40 sores in BEL'10+ ierne p ! 188 1 65 , ..-40 sore(' in 0 'i D- SSP 3 28 gores in SW'vo* 31 7f.,/, r , 12 sores in SD . v~- ~aG'~ Z c ,lie- Yn ~y~ Section 3 1 I ) ' da l T . 8 S . R . 39 E .W .M. tb te f ° W',,$ r 9 sores in S NS* 1 1 6` 2 ypp6i1./ 1 S F A.. 26 am-ea in 6 i a^ K G%{Pa~.a•~° Seotion 36 - - • ~ T . 8 S . R. 38 E.W .M. 5--t" 188 4 . 15 - Irrigatio n Mil l Mil l 15_aores in J Cree k Cree k ° : Seotion 31 • - Ditc h T . 8 S . R. 39 E .W.M. 5 52-15 / Edens, S . W . 190 3 V 160 Irrigation Cransto n Powder v-''40 sores in 10101W'- Higbee 40 sores in .•' ' ' Baker, Oregon T'”Ig d pap (l) ia .eo 0-10 . 40 acres in 0-+040 acres in P 'Section 23 - . T : 8 S . R . 40 E .W .M. Edmiston, J . L . Map 70 Irrigation Edmistol Deer 30 sores in NW Sumpter, Oregon 1908 Creek 40 aorea in . . Seotion 8 T . 10 S . S . 38 E .W.M. Eilerteon, Eilert 1905 16 Irrigation Eilertesn Camp 2 aures in NW,J Reines, Oregon 1901 16 Irrigation Homeete g d Creek 1 aore i n 6 sores in S (Finding #14) 12 am-ea in N t 10 acres in S SW4 . . _ Section 18 • - . .a .: . : T . 8 S . R . 38 E .W.M. 1900 5 Mining & Eilerteen$ook Cre k :: :e'.r. Storage Ditch & and ' 100 ao . ft . Reservoir Rook O r ek Lake Elliott, Andrew 1896 Mining Andrew McCol l Plane of use : Sumpter', Oregon Elliott Bork NIYNPt4 Section 2 ~~j rtiaa •. C T . .9 S . R . 36 E.W .M. fi 11iott, Wm, A . April 3 16C Irrigation Andrew Powder 40 sores in s-. y Baker, Oregon 1872 Elliott 40 sores i n _ 40 acres in 4' (Findings #32 to 81 :no) Seotion 7 - T . 8 S . R. .40 E .W.M. (S~ . 1 S~ Lti 40 sores in N ' Seotion 12 - - ua 3 , 12 r~3 a-5 9 . T . 8. S . R. 39-E .W.M. I EEmmele, W . D . 1899 \/16o Irrigation Baldook Powder 40 acres in NE4-5134 Baker, Oregon Slough a) _lo 40 acres in NASA- (Amanda C . Moore -r-. 4- 91< .4 p (i) Cranston 0-10 40--sores in -trr Successor in interea) Higbee 40 sores in SB, -o. (Findings #32 & 48) Section 23 • T . 8 S . R . 40 E .W.M0 (l~ Ur POWDER RIVER -88- . Dote of Amoun t .''. . Neale and Paton ire Addrn . Nualher Appropriator Heletive Cuhlc Pn t Uu Nat . of Dlteb Stream - " IHeedptlo . of Land or Pl.es of Mie of Priority Per Second Aerre r 12 sores in M Engum, Ezra - 1898 30 Irrigation Engum Lowe Richland, Oregon Timbered 2 sores in ' " , Canyon Section 2 ` • f 4 sores in ,t r k~ ` V 12 sores,i n Section 1<', - R 10 3: R . 44 E.WX. .° 38 2 Engum, Jemea 1896 30 Irrigation Engum Lower 6 sores in Richland, Oregon Timbere d 4 sores in NE' • Canyon 10 sores in SEk t 11 acres in ++~. Section 36 - T . 9 S . R . 44 E .W.M. Dnaminger, J . H . 1904 12 Irrigation Chambers Rook 12 sores in Nlit Haines, Oregon Creek Section 3 (Finding #86)-,, .( . . T . 8 S . R. 38 E .W .M . ~nsminger, Joseph B . 1908 10 iIrrigation Fords Clear 10 sores in NWT Haines, Oregon Clear Creek Section 32 - - r .;, .i Creek T . 7 S . Ri 38 E.W.M, I I Eppinger, F . W . & 1883 /80 Irrigation Eppinger Powder 40 sores i n Eppinger, Chas . A . Edwards 40 sores i n Baker, Oregon 1864 3 160 Bates -- 40 acres in `? • lbl5l -40 acres in - " ' 4 -40 sore's in t V pop _40 sores in Section 6 T . 9 S . R. 40 E.W .M. - f ~Eppinger, F . W . 1865 80 (Irrigation #4 Powder 40 sores in " '. t a . Baker Oregon J '-40 sores in '' , TLq5 F, p 1889 " 120 '40 sores i n 40 acres in SW 40 sores in SR NW Section 8 - - /~ n T . 9 8 . R . 40 E.W .M. , .53 T~F 1 l ol' bQ0A Erwin, John -p Pp(,L 1876 38 Irrigation Erwin Tooker 20 sores in SW-SW Keating, Oregon Creek 8: Section 9 - S1appl . 16 sores in RWiNVii- sunly Section 16 • (Finding # 90) from 2 sore' in SEy3Ei- Powder Section 8 • - ), . ,ft , River for 16 sore s unde r date o f 188 8 1888 70 .6 Irrigation P .R. Dam Powder 8 .6 sores in S'W \Cr Ditch & River Section 16 • • Cons . Co . 22 sores in 0 P ,;W,; 40 sores in S ' Section 17 • - / T . 8 8 . B . 42,E .W .M. Erwin, J . G . 1888 15 Irrigation Erwin Goose 16 sores in NE 4 Renting, Oregon Creek Section 16 • - T . 8 S . B. 43 E .W.M. 1890 43 Irrigation Cranston Goos e 16 sores int ' e Ingram Creek 22 sores i n 6 cores i n Section 29 • T . 8 S . R . 43 E .W.M . POWDER RIVER -39 ~t7 Date of Amount Numbe Deistic . Cubic Fret r U,, Name of Ditch 8trrem Description of Land or Place of Us e Priority Prr Second Acre. 9 I I Evans, John D . 1865 80 Irrigation Grier Powder 40 sores in SW? Baker, Oregon 1880 X80 40 acres in SWfNW (Findings 32 to 81 inc . 40 acres in /~ Section 9 I [og51 (~oe~ 40 acres in SBtNEi Section 8 T. 8 S . R . 40 E .W.M. Domestic W .J . W.J .Evana Lot 12, Block D . ' Evan s Spring Bourne, Oregon. Sprin g on Minera ] Street . ' Farley, J . W. & 189 1 26 . 5 Irrigatio n Farle y Powde r 3 .5 scree in &WW Farley, Rosetta A 15 sores in SWfWSWW Richland, Oregon . Section 1 8 . R. 45 E.Y.M. (Finding # 103 ) T. 9 S 8 sores in SEiSEj Section 13• • T. 9 S . R . 44 E .W.M . 3 4 Irrigatio n Heal y Powder 6 acres in S*,24k 2 acres in SBiSEk Section 13 T. 9 S . R. 44 E.W.M. 5 sores in 6 aoree in • ' ' 12 .5 acres in WOO* Section 1 8 3 .5 acres in NW WW, Section 1 9 L. T. 9 S . R. 46 E .W .M. o sores in NBySF 11'avorite,A.M . & 189 3 6 5 Irrigation Owens Rook 40 Cree k ,25 aoree in NSW vorite, 0 . L . 7 40 sores in Haines , 1891 4 0 Irrigatio n Anderso n Roc k -r Q pon.A Ashwood Creek Seotion 36' • T . 7 S . R. 38 E.W .M. .~ 5D nBz5*oy p.)/'i Rook 19.5 acres in 5414 °' Favorite, E . L . Exec . 108 Irrigation Favorite ' v40 sores in SW • of est . of D .Favorite, 1880 Creek `f 8 .5 acres in SES deceased . Vo - r40 acres in NWWSW4 He .ire : ancelled-sp. or Rec. Vol . Z.L. P. Section 5 - M.M.Favorit e T. 8 S. R . 39 E .W.M . O .L .Favorit e Willow 1 .4 7 .5 sores in NE,'y'-ER A .M.Favorit e 47 . 3 Irrigation Wilcox– Creek Section 7 Lillie Favorite 190 6 Favorit e 9 .8 acres in SWWSW4 E .L .Favorit e Section 6 Haines, i Oregon R, U il.'.. ISA ' T. 8 1S . R . 39 E.W .M. j 6 ' Favorite, E . L . 189 6 7 . 5 Irrigation Phillip s Willow 4.5 acres in S Creek '-3 sores in SBiBB' rr9:p G Haines, Oregon Jun e 1 3 Irrigatio n Favorite Rook 30 acres in PLIrr:'„ 187 4 Creek 35 sores in 1884 5 2 Irrigation Favorit e Rock Section 3 6 Greek T . 7 S . R . 38 E.W.M . q t ~I-Favorite,' O . L . Storage Stook Rook Reservoir located in $WiNEi and SBiNBi Haines, Oregon 1 ao . ft . Reservoi r Creek & Spring on Section 6 ,,.. , . r A- Favorite T. 8 S . R. 39 E.W.M. land . n Fi/e rguson,d Meda V . 1864 16 0 Irrigation Este e Powder 40 acres i Los Angeles, Calif . 40 acres i n 40 acres i n / By W .L . Patterson 40 acres i n Section 3 0 T . 8 S . B. 40 EJ .]Q: , 11'1 acres in SRk /ernald, Walter 1893 80 Irrigation Taggart Powder 40 40 acres in SE1$SB,k Baker, Oregon} Section 16 - • T. 8 S . R . 40 E .W.M : Fiok, .Henrioh 1903 3 sec . Place r Denney - ' Place of use s Creek . At* ani .NES Baker, Oreg R cp . feet Mining POWDER RIVER 90 f1• Dote of Am .an t Nam. and Poston!. Add re . Rdattr. Cubic Fret Numbe r of Appropriator PHarlly Per Second Acrt. Us . Nam . of Ditch Stream . Description el LaMar Place of Ua. Fick, Henrich Section 2 ` T . 11 Si R . 55 .B, : :M., ' / 1Fidler, A .A . 186 5 36 Irrigation Haine s Rock & . 30 acres in Haines, Orego n Fish 6 acres in ~ , , ; Creaks . Seot ion.33 . f C, T: 7 S. Si 59 LW.M. if W jFiret National Bank . Deo . 7 7 9 Irrigation Basohe Powder 30 acres in Baker, Oregon 168 0 10 scree i n by 1888 172 Duncan 40 acres in S E .R .Parker 30 acres in 4 21 sores in ^r 40 acres i n ,-/ , / 40 acres in I,. P00 '40 .,serg e . in 9 ;. ' Section D: ;'i T . 8 Si Re 41..M .W .M . ,, d l Fisher, Ben / 1869 .54 69 Irrigation Basohe — War m 38 wires in s* , Fi Hainee, Oregon & Power Dunca n Springs . . • .3eotion 5/ •G>r9 t i . 31 agree in D ' { tii . ' Deve , a . . * Po Wa.t• Section . 1 0 Or . . T . 8 R~ 38 .E WiM. 1 e v Note :` : . 64 acreti'of above ' I 0' SNAP land ie under',Diulgar Ditch Dear'eed•in North Powde r River adjudication : Fisher, H .K. 1879 120 Irrigation J .K .FisherRock 40 aores in 9W48W 4 '"/`4°" %Hainee, Oregon & Creek Section 24 / r A . Long 40 acres in (Findings #12,14,21 40 acres in 3af `~ i 23) I,, 1860 80 Irrigation Maxwell Rook . .40 a gree in :r'~lw . Greek BQetion 25 ' TIAO Q 40 aores .in SP 4-8W- ( 0.cic 1 Section 24 / 1/4a P3~ Fisher ; H . K. , 1872 160 Irrigation H .K: Rock 40 sores in (continued) Fisher Creek 40 acres in' to + k 7 & 40 acres in : mg, A. Long 40 acres in ._ . Section 26 T 7 8 . R. 38 E. cs~7 o 38 5 Fisher, J . K. 1 ` 1879 200 Irrigation . J . K . Rook 40 acres in" Haines ; : Orego n Fisher Cree k 40 acres in 1' 704 1 n n 1 54 1417 u,a~/s ~Jd 7 ONgi Y.O .D T• is I & to 40 acres in 01, • .;'i Long Killamacue 40 acres in c'• Reservation40'acres,in ' ", : . 'Section 26~ , 9 . R T. .7 S 38 R W.M. ; Fisher, l7 4 1892 ' 136 Irrigation Tibbs Powder 42 :5 acres in SI SI ; Salem, Oregon Section1'2 40 acres in l Section i 3 T . 10 S . R .57 . .WM. 55 ; 5 '' 0 ' Erin InViNW:L 40 acres i n Seo kion I 8 / T, 10 9, R . S8~R~14 . f~ 1 Fleenor, C . .0 . - 1904 80 Irrigation Powder 40 41or00 i n Baker, Oregon / 40 Bogg s i n o • Section 34;~ T . ~~ ~ t 40 8 . ;. . R .~► .iC.% POWDER RICER -91 I ray y #rf!0 zw#,t~ ..., ' tt t kt , .?s: . sto~~~yu~".w ter, :. - 2 , 1 ~. kS~ , .w'4, ~r4 .Y• ~msd.Ft d a Po • Nome Tr. ttaffiaeoo- Addree Helalire Cubic Peet rumbee er u.. Description ul A eoroari+ N.me of Ditch Strum _ , . of Land or Phee Un Priority Per Second NAe ._ CkNGEL Eq stet ot. v..op/' ~ • ~`"Fleener, . T . May 3 160 Irrigatiion eddes Powder 40 acres in . 40- acres in ,S Baker, Oregon 1902 s 40 sores in xT 40 aorpe is Section 27 7 . 8 5 . R, 40 E YW.bi. )1. Fosnot ; J . M. 1901 22 Irrigation Nelson 3oodrioh 22 acres in SB8 Baker, Oregon & & •, Seotion 36 ' I Bear Ore ear Cree- . T 8 14 :3$ : •11. f Lt ti rule ; Albin & Mar0.8 18 Irrigation Rohner Sitter 6 corps in Coffee, Win, 1891 ()reek 6 afire¢ in 1 ~\ BekeriOregon 6 aorep,,in . ' . ` !' Std ttS :. : I/ / Gale . Albin Mar .26 16 Irrigation Deal Ritter 4 aorsa in SE Baker, Oregon 1900 Creek Section r , 11 acres in nit* 1 t' f-, 1 acre is a ` Seotion 3@, t /,. . . ,' J 3S V Garbutt,L . J . & 1904 J 6 Irrigation New Powder 1 aorta '_in S Th Phila H . Garbutt Home 5 acres i n . Baker, Oregon ,, Section 9 T . 9 S $ . 40 E ;W.M . 1c6 GartE , Amos a Jan .21 12 Irrigation Gard Beaver 8 6 setae in N Baker, Oregon 1873 26 .6 #1 & 2 Creek ;17 .9 mores in: ,HJ '+~ . ?indinge #20), 1889 7 19 .2 aOree Sn'R 302.3 POA€ /dot, ' 1898 .' ; ` 3eotior} 17 ;~ T 10 Si $ 40 E .W .M. b Gard, Z . S . 1907 29 Irrigation Garden Waldo 11 acres in +" . + Baker, Oregon Reservoir Springs .& 10 , acre s E ; Waldo Seotion I .., - Spring 4 gores B B `'' Section 32 Looation 4 sores in SFJ* of spri Seotion 29 ; T . 10 S. . $ . 4¢ eW . , See . c~ e aD°eled . --- – Sec 3 3 Cart . N0. .. V .S • Gardner, G . F . 1888 158 Irrigation McEwen Powder ores-in Note Baker, Oregon Griffin 8eotior} SS : k ~ ' (Finding #13 & 27) 40 acro. J 40 abreO in r o • Seotiot} 18 -'' fa ` 4O acres in NYF Section 19 . 1882 100 Irrigation Jones— Dee r acres SF},k5E' - Cook Creek Secti9w',1 7 scre e y . .ree'in -r:. Section 4 0;, ;0 1} T. 10 S . R . d8.1 ~.WeM 1864 21 .5 Irrigation Gardner Washine o . 8 ao ee is ,r #1 Galch Seotiop 16 ? 2 acres in Nom' 14 6 Gores in 1 Sscttior♦ C( r' e~ Y {Fp4 r. PO U M RIPER 92- i . r . ~' 'r r ' ~tT}a '' a t kc 3 tt`' ` - , tY•,AWw~ l a~r ~r.'' r li 1 y - - 2 .' S A x . ri1AA! rat~.`..-J."^_'.t5 h'ae~ va, Name and Paean.. Add. .. . Date o f Amount of Appraprtamr Relative Cubic Pea t N,"!!, Um Nam. of D11eb Stream DaedpB.n of Lind or Phis of Un Priority Per 9 .mnd Aerea Gardner, G . F . 1867 40 .5 Irrigation Gardner Washington 25 :5 agree in (continued) #2 Gulch 8 .6 acres irl'4 Section 11 6 .6 aores in NWEt. *lotion 16„ 1896 21 Irrigation Gardner Washington 103 aores in SEa ly ; #3 Guloh -•: Seetiou 10 - ~--19 aores in NEl . . /D .2 u . ak- .7 SPec .Or.Y. 3zp~fyjf 9ectioa 1 6 s'!a T . 9 S . R . 3r9 E .W.M. '( Gardner, Mary S 1875 75 Irrigation Gardner Washingtont 37 .5 acres in & . I Guloh 37 .5 aores in n e . Edna B . S uohell Seotion 1 1 Baker, Oregon T . 9 S . R . 39 E .W.M . (Finding #13,16,27 ) D (b3 Vie , ' d Gardner, Stephen 1882 5 Irrigation Gardner Big 6 acres in SE~ Medical Sprin,s, #3 Creek 0 .6 acres in NB !B Oregon 1873 19 Irrigation #1,2,4, Bi g 9 acres in NW Creek 1 .5 acres in SWC 6 aores in SEiISRi Section 3 1 3 aores in SW 8W. Section 3 2 T . 6_8 . R. 42 E .W .M. , V Darren, E .W. 1883 50 Irrigation E .W .Garre,David A0vadree in N a Davis Creek, Calif . 1890 30 Thro Old Creek 40 aores i n )2, , 1896 80 Settlers 40 acres in Sf - Slough 40 aores i n Section 7 - T . 9 S. R . 40 E .W.M. ~ Garrett, Richard M May 27 20 Irrigation Antelope Antelope 20 acres in NW Baker, Oregon . . 1902 Section 31- - -' ' T . 10 S . R. 40 E.W .M. d~~ ' Geddes, Frank 1903 160 Irrigation Cranston Powder 40 sores in a p~y ' a- ft) --to in of - e 0 • r Baker, Oregon , Highbee 40 acres _ C/) 7 4 2 7 Section 2 2 T1115- / Q p, _l o Pc 40 acres in N~--4- '3;0-4 40 acres In SW 4 P ' Section 23 T . 8 S . R. 40 E .W.M. b 1 . Geddes, J .A . & . 1896 / 10 Irrigation Dams in Powder 10 acres in NE ' F}4 Wm . Pollman - Powder Section 16 • Baker, Oregon / River T . 9 S . R . 40 E . W. M . (Finding #32 & 47) 1902 40 Baldock 40 sores in S 8 & other Seotion 23 1•(951 A pyo.) sloughs ++ T . 8 S . R . 40 E .W.M. G1 1&65 1865 3 427 Irrigation Dana in Powder 14 sores in SEyiNR Powder 7 .6 acres in NI vWQ River 33 aores in SEsSW3- Baldook 40 acres in NE,S2t & other 31 .6 aores in N4iSEi sloughs 40 acres i n 40 acres in ~ . . Section 1, • 40 aores in NW 40 sores in E Section 12 - T. 8 S . R . 39 E .W.M . 6 acres in SW TY,( ' 24 .8 scree in 82 W4 40 sores in 40 aores in NW~ Section 6 • POWDER R 22 -93 - f'z'CtJ / ., 1 117 1, , w .- 1 . . . ..3, . AMENDED MEMORANDUM OF SAL E %3930 960 KNOW ALL MEN BY THESE PRESENTS, that Howell Enterprises, a . Rudi and Sharon A . Rudi, and 5-3a partnership consisting of Joseph O Fury Eugene Tenace and Linda Tenace, husband and wife, have agreed t o sell to Robert Nickerson and Ellen Nickerson, husband and wife, th e following described real property, situate in Baker County, Oregon ) In Twp . 8 S ., R . 39 E ., M .M . ) Section 30) S 1/2 NN 1/4, 8U 1/4 HE 1/4 . THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY PARTICULAR USE MAY B E MADE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT . A BUYER SHOULD CHECK NITR THE APROPRIATE CITY OR'COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES . by Addendum to Contract of Sale dated the 15th day of October , 1986 . The total consideration as amended is $185,623 .58 . Until otherwise requested nend tax 'statements to Robert an d Helen Nickerson . . Novell Enterprises Fn~y/ ' gene Tenac e 4(((/// .rla1~y,.4l L f. L k. Tenace aron A . STATE OF _&Ut .t), ) ) es . as County of Lj1,pL1 ) .The foregoing instrument was acknowleged before me this /S day A L3 of .NOvember, 1986, by Fury Eugene Tenace and Linda Tenace, Se exs% a ri otary.tl4V .fou oic fo r My Commiiusbsli n Expire .i-' , d'( , STATE OF OREGON) 1 se . County of Baker ) The foregoing iratrument was acknowledged before me this 1 % da y of Novemoer, 1986, by Joseph O . Rud/ and Sharon A . Audi, Sellers . kJ 1 . 7/)/I,eaJ .< ( ,`•)~ - - Notary /i [ (Cr. Orego n • My Commission Expires : MEMORANDUM OF SALE -1 - A F F I D A V I T We, Robert L . and EllanM . Nickerson, of Rt . 1 Box 133C, Bake r City, OR, 97814, being first duly sworn, hereby depose and say tha t we are the legal owners of the property described by the deed and legal description attached and made a part hereto, and the water right that is appurtenant to said land ; that the water right i s recorded as Certificate No . 4294, under dates of priority of 1880 , 1888, and 1902 for the use of water from Powder River and Pin e Creek for the purposes of irrigation, domestic and stock ; that we have abandoned any and all interest in the use of the waters o f Powder River and request that said portion of the right be cancele d that is appurtenant to our land . This affidavit does not affec t the portion of the right from Pine Creek. IN WITNESS WHEREOF, we hereunto set our hands this day , 19 9/ 1 Signature of Legal Owne r Signature of Co-owner rd Subscribe and sworn to before me thi s day of 't,/et;/ , 19 6/.'/ . OFFICIAL SEA L MARY JO GROVE Notary Public of O ." egon•' NOTARY PUBLIC - OREGON COMMISSION NO . 00621 0 MY OOMMISSIOR EXPIRES APRIL 21, 1995 y\ My Commission Expires `// Zt / gs- f//J ll/!l//I!/IJYYI!/I!/l '1