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Lost River Decree

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Lost River Decree STATE OF OREGON ) 1 ss . County of Marion ) I, William H . Young, Water Resources Director of the State of Oregon, d o hereby certify that the foregoing copy of the Findings of Fact and Order o f Determination in the Matter of the Supplemental Determination of the Relat!v e Rights to the Use of the Waters of Lost River and its tributaries has bee n compared with the original and that it is a correct copy as the same appear s of record in my office and custody . IN WITNESS WHEREOF, I have hereunto set my hand this day o f August, 1989 . N. , WILLIAM . if . YOUNG, D v-Y o r Water Resources Depa en t 0334j LOST R•I VF R Tributary of Tale Lak e Klamath County e Order Recor d Vol . Pag e Findings of State Water Board, May 1, 1917 . 3- 32 8 Supplemental Findings of Board, August 2, 1918 . 5 5 3 Decree of Circuit Court, September 12, 1918• . 5 9 4 Supplemental Findings on Inchoate Rights, October 23, 1922 • • • 7 , 72 Supplemental Decree of Court, February 23, 1 9 23• • • • . • • • • • 7- 147 Order affirming Stipulations ;; . April 2, 1979 . 18 369 Note : The Circuit Court Decree of September 12, 1918, confirm s the Findings and Supplemental Findings of the State Wate r Board, and contains a complete tabulation of the wate r rights . The Supplemental 3!`indings of the Water Board o n Inchoate rights was confirmed by Decree of the Circui t Court dated February 23, 1923 . o Note : Numbering machine numbers appearing on lower right han d corner of the Findings and Decrees herein, indicate cor - responding page numbers in recorded volumes . o `Certificate Nos . 2266 to 2302 and 4782 issued, and are shown in "red" on left han d :margin of the tabulation . a Irrigation . 7,029 acres 4-tt . ' ' Storage -4 .5-5-acre-feet (,G . n 0 LASTRIVER .--Klamath County (Vol . 5, page 110 ) aaclaimants to the waters of said stream and it . tributaries ar e limited and confined to an amount of water not exceeding two and one-half mor e feet for irrigation purpoeea-e-s during the irrigation season commencing th e of March, each year, and terminating thee3lst day of September of each year , and are limited and confined to 5-wa-a-aunot exc1ng the number of acre feet se t forth a in the a tabulated statement a-a not to exceed one and one-hal f acre feet for each acre actually irrigated a during that period or part o f the said irrigation season subsequent to May let of each year aa-a rate of flo w not determined as-aa (with some exceptions - see page 110 ) Vol . 5, page 111 the quantity of water to which each claimants is entitled for stock and domestic purposes does not exceed the rate of one half aeoond foo t for each 1000 head of stock, and in the case of those claimants divertin g water for irrigation purposes as set forth in the foregoing tabulated state - ment, the amount of water haietm :ailowed for irrigation purposes during said irrigation season includes the quantity to which such claimants are entitle d for stock and domestic purposes . That the rights to the use of water for stoc k and domestic purposes continues throughout the year . 0 Fid/nys - May /; /.9/7 BEFORE THE STATE WATER BOARD OF OREGON . WATER DIVISION NO . 1, KLAMAT H COUNTY . IN THE MATTER OF THE DETERMINATION OF THE ) RELATIVE RIGHTS TO THE WATERS OF LOST ) RIVER, A TRIBUTARY OF TITLE LAKE, IN ) KLAMATH COUNTY, OREGON . ) - - - - - - - - - - - - - - - - - - - - - - FINDINGS OF FACT AND ORDER OF DETERMINATION . Now on this 1st day of May, 1917, at an adjourned regular meeting of the State Water Board, the above entitled matter regularly coming on fo r hearing, and for the making and entry of findings of fact and an order o f determination therein by said Board, on motion of James T . Chinnock, Superin - tendent of Water Division No . 1 of the State of Oregon, and the Board havin g carefully and fully considered the testimony and the evidence herein, and al l of the statements and proofs of claim of the various claimants on file herein , and being now fully advised in the premises, now makes the following as it s FINDINGS OF FAC T 1 . That Lost River is a natural watercourse rising in the State o f California and flowing thence into and through the State of Oregon, and bac k into the State of California, into Tule Lake, of which it is a tributary, i n said State of California, and that in so far as the waters of said Lost Rive r are herein involved, and in so far as said Lost River is situate in the Stat e of Oregon, and said stream is situated in the County of Klamath in said state ; that these proceedings are intended to determine and adjudicate the relativ e rights of the various claimants to the waters of said Lost River in so far a s said Lost River is situate within the State of Oregon . 2 . That during the irrigation season as hereinafter described, the rainfal l within the area of land irrigated by said stream and in the vicinity thereof i s insufficient for the profitable production of profitable agricultural crops o n the lands irrigated therefrom, and said lands are arid in character and becom e LOST RIVER - 1 2B during the crop growing period of each year dry and unproductive without artificia l irrigation, and in order to render said lands productive and for the profitable grow - ing of crops thereon, it is and always has been since the first use of water from sai d stream for irrigation purposes necessary to divert and use the waters of said strea m for the irrigation of said lands susceptible of irrigation therefrom, and with suc h irrigation said lands yield annually valuable crops of hay, natural grasses, grai n and vegetables, and produce pasturage for livestock . 3 . That on the 15th day of August, 1910, there were filed in the office of th e Board of Control of the State of Oregon, now the State Water Board of the State o f Oregon, several petitions requesting a determination of the relative rights of th e various claimants to the waters of said Lost Riverand its tributaries ; that Georg e Deal, D . G . Horn, W. A . Duncan, George McDonald, S . W . Kilgore, and Alex McDonald , are, and each of them was, at the time of the filing of said petitions, water user s of the waters of said Lost River, in said Klamath County, Oregon, and were the owner s of lands irrigated by the diversion of the waters of said stream, and ever since hav e been and now are mater users upon said stream and the owners of land irrigated there — from, and entitled to request a determination of the relative rights of the variou s claimants to the waters of said stream and its tributaries by said State Water Board . 4. That thereafter, and upon investigation, the said Board found the facts an d conditions such as to justify the making of a determination of the rights of sai d various claimants, and thereafter an order was entered by said Board in its record , fixing a time for the taking of testimony and for the making of such examination a s would enable it to determine the rights of said various claimants . 5 . That said Board prepared a notice setting forth the date when the Stat e Engineer of Oregon would begin an investigation of the flow of said stream , and of the ditches diverting water therefrom, and the place and time certain whe n the Superintendent of Water Division No . 1, in which said stream is situate, woul d begin the taking of testimony as to the rights of the parties claiming wate r therefrom, and thereafter said notice was duly published according to law in tw o issues of a newspaper of general circulation, in said Klamath County, Oregon, an d published therein,mid detesa of publication being the 17th day of October, 1912 , and the 24th day of October, 1912, said 24th day of October, 1912 being the date o f LOST RIVER — 2 the last publication of said notice, and the date of said last publication being mor e than thirty days prior to the beginning of the taking of testimony by said superintenden t as fixed in said notice, to-wit, the 9th day of December, 1912, or the time fixed i n said notice for the examination of said stream by said State Engineer or his assistant , to-wit, the 7th day of December, 1912 ; proof of the publication of said notice being a part of the record and on file herein . That on the 24th day of October, 1912, th e Superintendent of Water Division No . 1 of the State of Oregon did send notice by registere d mail to each person, firm or corporation claiming the right to the use of any of the water s of said stream, and to each person, firm or corporation owning or being in possession o f lands bordering on and having access to said stream, or its tributaries, so far as suc h persons, owners and persons in possession could be reasonably ascertained, which notic e was a similar notice to such published notice, setting forth the date when said state Engineer or his assistant would begin the making of an examination of said stream an d the ditches diverting water therefrom, and also the date when the Superintendent woul d take testimony as to the rights to the waters of said stream ; the date for the taking of testimony and for the making of said examination being as set forth in said publishe d notice, and as above set forth, and being more than thirty days prior to the data fixe d in said notice for the beginning of the taking of said testimony by said Superintendent , or the measurement and examination of said stream by said State Engineer .
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