HomeMy WebLinkAboutTumalo Creek Water Rights (Re-examination Report) Vol 4 - 19531
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BEFORE THE STATE ENGINEER OF
THE STATE OF OREGON
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In the Matter of the
Determination of the Relative Rights
to the Use of the Waters of
TUMALO CREEK
`4OLUME IV
Report on
Re-examination of Lands
claimed in
Proof of Appropriation
filed by
DESCHUTES COUNTY MUNICIPAL
IMPROVEMENT DISTRICT
in excess of
lands classified by
State Engineer as irrigated.
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BEFORE THE STATE ENGINEER OF OREGON
Deschutes County
INCHOATE WATER RIGHTS ALLOWED BY DECREE
OF THE CIRCUIT COURT DATED MAY 1, 1911
AND DECREE SUPPLEMENTARY THERETO.
IN THE MATTER OF THE DETERMINATION OF THE
RELATIVE RIGHTS It THE USE OF THE WATERS
OF TUN= CREEK AND ITS TRIBUTARIES, A
TRIBUTARY OF DESCHUTES RIVER.
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STATE OF OREGON )
) ss.
County of Marion )
T,
CHAS. E. STRICKLIN, State Engineer of
Oregon, do hereby certify that the within
Volume IST containing pages 1 to 9, Ino
elusive, together with the accompanying Volumes
I. II & III , constitutes the original
evidence and certified copies of the maps of
record in my office in connection with the
above -entitled matter, and the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto
set my hand this 15th day of May, 1953.
GLrefffr
Chas. Stricklin
State Engineer
t
Salem, Oregon
October, 1952
Mr. Chas. E. Stricklin
State Engineer
Salem, Oregon
Dear Sir:
Pursuant to your instructions, I have prepared the following report
on a re-examination of certain tracts of land which were claimed as irrigated
in the statement and proof of claim submitted by the Deschutes County Munici-
pal Improvement District on behalf of its constituent waterusers, in the
matter of the final determination of the inchoate water right allowed by thc.
Tumalo Creek Decree.
The lands re-examined were in excess of the acreage shown as irri-�
gated on the map prepared from a survey of the lands made under the direc-
tion of the State Engineer during the years 1947, 1948 and 1950.
Respeptful.ly submitted,
eorge 1 . !v : cte an,
Assist. t S at - Engineer
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This report is made to supplement the examination and survey of the
lands which were allowed inchoate water rights by the decrees of the Circuit
Court of the State of Oregon for Crook County (now Deschutes County) , com--
monly referred to as the Tumalo Creek Decree. Said examination and survey
was made under the direction of the State Engineer, during the years 1947,
1948 and 1950, the results thereof being prepared and presented in the map en-'
titled "Adjudication Survey of Lands allowed an Inchoate Right from Tumalo
Creek and Deschutes River" and hereinafter referred to as the State Engineer's
map.
The several claimants to the use of the waters of Tumalo Creek in
their respective statements and proofs of claim, have asserted claims for
certain tracts of land which were not shown as irrigated on the map prepared
from the examination and survey of the lands made under the direction of the
State Engineer, and have submitted a map to accompany their statement of
proof showing the location and extent of the additional lands for which a
claim is asserted.
A re --examination of these areas was made during the period August 21
to September 10, 1951 and the results thereof are here presented for the one
or more tracts under the name of each respective claimant landowner.
DESCHUTES COUNTY MUNICIPAL IMPROVEMENT DISTRICT
S. T. Bristow
Proof of appropriation submitted on behalf of S. T. Bristow, claims
ant landowner, asserts a claim for the irrigation of, among other lands, 23.6
acres in the NK N4, Section 71 Township 16 South, Range 12 East, W.M.
The State Engineer's map shows 22.6 acres irrigated in said MT Wk.
.
A re-examination of the land made on September 11, 1951 disclosed that the
additional 1.0 acre claimed, as indicated on the map submitted by claimant,
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was actually irrigated.
A vested right was recognized in the Tumalo Creek Decree for the
irrigation of 20.5 acres in said NN4 NW , Section 7, confirmed by certificate
recorded in State Record of Water Right Certificates, Volume 1, page 73.
John L. Jones
Proof of appropriation submitted on behalf of John L. Jones, claim-
ant landowner, asserts a claim for the irrigation of 30.0 acres in the NN4 Ma,
Section 8, Township 16 South, Range 12 East, W . M.
The State Engineer's map shows 27.0 acres as irrigated in said sub-
division. A re --examination of the land was made on September 11, 1951 from
which it appeared that the total irrigated area in said subdivision is 29.0
acres instead of 27.0 acres.
A vested right was recognized in the Tumala Creek Decree for the
irrigation of 9.0 acres in said NN4 NNS, confirmed by certificate recorded in
State Record of Water Right Certificates, Volume 1, page 87.
Proof of appropriation submitted on behalf of Fred C. Shepard, Claims
ant landowner, asserts a claim for the irrigation of, among other lands, 31.2
acres in the NSW NN4 and 25.2 acres in the SIS N T , Section 17, Township 16
South, Range 12 East, W.11.
The State Engineer's map shows as irrigated, 29.2 acres in said
XW Wei and 24.7 acres in said SAS NN . A re --examination of the lands, made
on September 10, 1951 disclosed that of the additional area claimed, as in-
dicated on claimants map, 2.4 acres was actually irrigated and should have
been included on the State Engineer's map.
C. M. Barnum
Proof of appropriation submitted on behalf of C. M. Barnum, Claims
ant landowner, asserts a right for the irrigation of, among other lands, 27.17
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acres in the N 4 SW , Section 18, Township 16 South, Range 12 East, W.M.
The State Engineer's map shows 26.8 acres as irrigated in said sub-
division. A re-examination of the land made on September 11, 1951 disclosed
an area of 0.4 acre in the southeast corner of said subdivision to be in
pasture and well irrigated, but not so shown on the State Engineer's map.
Proof of appropriation submitted on behalf of 0. B. Twigg, claimant
landowner, asserts a claim for 26.95 acres in the Sff SW4 and 32.0 acres in
the SE4 are, Section 18, Township 16 South, Range 12 East, W.M.
The State Engineer's map shows as irrigated, 2I.7 acres in the
gffj Sw4 and 31.0 acres in the SE4 S 4 , said township and range.
A re-examination of the lands made on September 10, 1951 disclosed
an additional area of 3.7 acres in crop and irrigated in the said SV gilt but
no additional acreage irrigated within the said SE4 S/( .
C. B. Jenkins
Proof of appropriation submitted on behalf of C. B. Jenkins, claim-
ant landowner, asserts a claim for the irrigation of 19.7 acres in the NEI SEI,
Section 19, Township 16 South, Range 12 East, W.M.
The State Engineer's rnap shows 17.7 acres as irrigated in said
�E SES . The additional 2.0 acres claimed, as shown on claimants map, con-
sists of a narrow strip of land lying between an old abandoned lateral and
the present main lateral which traverses said subdivision in a southwesterly
direction. A re-examination of this land was made on September 10, 1951.
The old lateral appears to have not been used for mares years and the strip
of land lying between the old lateral and the present lateral did not bear
any visible evidence of having been irrigated.
k
City of Bend
Proof of appropriation submitted on behalf of the City of Bend,
claimant landowner, asserts a right for the irrigation of, among other lands,
32.6 acres in the SE* SE4, Section 1, Township 16 South, Range 11 East, ' .M.
The State Engineer's map shays 31.6 acres irrigated within said
SE4 S E4 . A re --examination of the land made on September 10 1951 disclosed
that the additional 1.0 acre claimed, as shown on the map submitted by clam-
ant, was actually not irrigated and not in crop.
C. A. Foute
Proof of appropriation submitted on behalf of C. A. Foute, claims
ant landowner, asserts a right for the irrigation of, among other lands,
39.0 acres in the NES SE*, Section 13, Township 16 South, Range 11 East, W.M.
The State Engineer's map shows as irrigated, 38.0 acres in said
NEI SE4. A. re-examination of the land made on September 10, 1951. disclosed
that the additional 1.0 acre claimed, as shown on the map submitted by claims
ant, is actually a steep, rocky bluff or hillside, not reclaimed not in crop •
and not irrigated.
L. L. McDaniel
Proof of appropriation submitted on behalf of L. L. McDaniel, claim-
ant landowner, asserts a right for the irrigation of, among other lands,
24.4 acres in the NE4 NE4 and 20.0 acres in the SE4 NE4, Section 35, Township
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16 South, Range 11 East, I . li .
The State Engineer t s map does not show any irrigated land in said
NE4 NE and only 4.7 acres in the said SE4 NEk . At the time of the examin--
ation and survey during 1947, 19148 and 1950, the lands were in crop but no
visible evidence of irrigation was observed and said lands were not considered
as conplying with the provisions of the Tumalo Creek Decree relative to the
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completion of appropriations under inchoate rights.
'hen re --examined on s ept emb er 10, 1951., the lands were in crop and
being partially irrigated, however it appeared that said irrigation was com-
menced after the expiration of the final date for the completion of appro-
priations under inchoate rights.
F. N. Bodtker
Proof of appropriation submitted on behalf of F. N. Bodtker, Claim-
ant landowner, asserts a claim, for the irrigation of, among other lands, 20.6
acres in the SEe NE4 , Section 1, Township 17 South, Range 11 East, W . M.
The State Engineer's map shows 17.2 acres of irrigated land in said
subdivision. A re—examination of the land made on September 10, 1951 dis-
closed that an additional area of 3.I acres was in crop and irrigated.
A vested right was recognized in the Tumalo Creek Decree for the
irrigation of 18.0 acres in said SE4 NES, confirmed by certificate recorded
in State Record of Water Right Certificates, Volume 1, page 58.
STATE OF OREGON )
) ss.
County of Marion )
1, CHAS. E. STRICKLIN, State Engineer of the State of Oregon, do
hereby certify that George V. Naderman, who prepared the foregoing report and
whose signature is thereto attached, is my assistant and was authorized to
and did prepare said report in connection with the matter of the final deters
um nation of the inchoate rights allowed by decree of the Circuit Court of the
State of Oregon for Crook County (now Deschutes County) in the matter of the
determination of the relative rights to the use of the waters of Tumalo Creek,
a tributary of Deschutes River.
:N WITNESS WEEREOF, I have hereunto set my hand this day of
1953.
CHAS. E. S Rt`CKLIN
State Engineer