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HomeMy WebLinkAboutTumalo Creek Water Rights (Tumalo Irrigation Co Contest) - 1911pit '► , I ;+ ' WORE BRINii By_ ""1 t '.J County Clerk aaims . awes — _ a .. Deputy In THE C nn J ' COURT OF THE 31'1,.i.E OF 0:i3}017. • FOP: THE C OTJIT TY OF Cii.00K. In the ratter of the Determi_natinn of the Relative Rights to the raters of TnnElo Creek, a Tributary of the Deschutes River. s • • s • it • . b v * i M • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • Tuxrmlo Irrigation Company, et al Contestants, vs. Columbia Southern Irricatine; Contiany, et al Contestees. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1 1 l 00122.115T. 1 i The within includes all papers, i nst rurne alt s and. cio cu nents, testimony, evidence and exhibits fi lod in above entitled contest. IN THE t; IRCUIT COURT OF THE STATE OF OREGON, • FOR THE COUITY OF CROOK. In the ",latter of the Determination of the Relative Rights to the Waters of Tumalo ) CONTEST. Creek, a Tributary of the Deschutes River. The Tumalo Irrigation Company, a corporation, Hans Johnson, Emil Ander- son, Fred. Anderson and Robert A. Puett; Contestants, vs. Columbia Southern Irrigating Comrany, a corporation participating; in this determination of rights, under the name of Columbia Southern Irrigation Company; :.nary "1/41ky; J. C. George; and A• L. George, Contestees. State of Oregon, ) SS. County of Marion. ) I, Robert Eakin, Jr., Secretary of the Board of Control of the State of Oregon, do herby certify that the within and following includes all the papers, instruments and documents, testimony, evidence and exhibits filed and taken in the matter of the aoove entitled contest, as the same were heretofore filed by the Superintendent of Water Division NO. 2, in the office of the said Board of Control; and I hereby certify the within unto your ilonorable Circuit Court, as the record, testimony and, evidence in the said above entitled contest. WITNESS my HAND and SEAL of the said Board, this February, 1911. Secretary of the Board of 0 of the State of Orogen. • INDYX In the Matter of the 2 etermination of thl 7atersfo Tumalo Creek, Tributary of the :•eschutes Nature of Paper Notice of Contest tt " Hearing Motion Affidavit Stipulation Parties Johnson, Anderson, Puett. Columba' Southern Irr. Co. • • T. Muir tt ff =t Benson-- Muir Mulkey vidence Certificate Notice of -Ater Filing Anderson, et al Appropriation =•t, 21 22 ►' 'f Posting Johnson 23 Certificate 24 Articles of. Incorporation Tumalo Irrigation Co. 25 Certificate County Clerk 20 Deed Anderson, et al 27 Certificate County Clerk 28 Doed Anderson, et al 29 Certificate County Clerk 30 eceivers Receipt 31 Patent to R. A. Puett 32 Receivers Receipt 34 Deed N. P. R. F. Co. -- Johnson 35 A. INDEX In the Matter of the a eterminati,n of the Relative Rights to the Waters fo Tumalo Creek, Tributary of the :eschutes River. Nature of Paper Parties Page Notice of Contest Johnson, Anderson, Puett. 1 " Hearing Columba' Southern Irr. Co. 4 Motion T. T. Muir 8 Affidavit It " 10 Stipulation Benson-- Yuir 13 t• Mulkey 14 .vidbnce 15 Certificate 19 Notice of '`rater Filing Anderson, et al 20 I* n tt 11, Appropriation !• 21 tt to " Posting tt t• It 22 Johnson 23 Certificate 24 Articles of. Incorporation Tumalo Irrigation Co. 25 Certificate County Clerk 26 Deed Anderson, et al 27 Certificate County Clerk 28 Doed Anderson, et al 29 Certificate County Clerk 30 i1eceivers Receipt 31 Patent to R. A. Puett 32 Receivers Receipt 34 Deet N. P. R. R. Co. -- Johnson 35 • • • Before the Boaru oY Control of the State of Oregon. Water Division No. ,, C ook County. -oOo- ln the iatter of the Determination • ) of the Relatives Rights to the Waters) NOTICE OF. COTTT.ST. of Tumalo Creek, Tributary of Des- ) chutes liver. -000- The Tumalo Irrigation Company, a Corporation, Hans Johnson, r iil An d erson, pr ed Anderson and Robert A. Pu et t , Parties Contestant, • e vse Columbia Southern irrigating Combary, a Corporation,prrticipat- ing in this determination of rights under the name of Columbia South ern 1 rrigat ion Company; Mary P.i. ulkey; 5. C. George; A. E. George, Parties Contestee. O Now come the above named Parties Contestant and for ground of Contest herein show and allege as follows I .That the above named Parties Contestant are the owners of the Tumalo Canal and all diversion works, flunes,main canals, lat- erals and distributing ditches connected therewith which said ir- rigation works divert water from the above named Tumalo Greek, ir_ Crook County, Or egon; th at the said Parties Contestant claim an in- terest in the said Tumalo Creek and in the use of the waters there- of from March 6th,19 ;5 by a di : ersion of its wat ers, commenc ed on that day and followed continuously since by appropriation and act- ual application of same to irrigation and domestic uses; that the claims of the Parties Contestant herein are more fully set forth in the Statement and Proof of Claimant Tumalo Irrigation Compa ny and of Hans Johnson., BInil Anderson, Fred Anderson and Lob ert A. Pu et t attached to and made a part th a eaf, or file with the Division Super intendant herein. II. That the above narked Parties Contestant desire to con- t estthe rights claimed by the above named Corporation, Cort est ee and by each of the above named persons contestee on the following GROUNDS OF CONTFM. hits to the Columbia Southern Irrigating Company,a corporation: alt. 1 r AMP • • 4 that said Columbia Southern Irrigating Company has no legal right or claim to all the waters of Tumalo Creek or to the use thereof; that as against these parties Cort est ant ,the Columbia South ern ire rigating r- rigating Company has no eight to any of said ::a.terts of Tumalo Creek or to the use thereof,diverted or er,.ied for the first time to i rrigat ieon and domestic use by the said Columbia Southern l rri' gating Company, its succ essors, assigns or grantees,SUBSADVEgT to the present t im e, that i s ,after January 30th,1910 • 2 As to nary F.:D.ulk ey: that as against these Parties Contestant,the said ;Lary F.Mulk ey has no rights in the Tumalo Creek �r in the use of the wtt ers thereof for the reason that she has never 13sed water therefrom for irriga- tion or other beneficial purpose,as more fu],ly appears from her Statement and Proof of Claim filed with the Division Pup erint end - ant herein. 3.As to J.C.George and A. E. George; that as against these Parties Contestant,the said J.C.George and A. E. George have nQ rights in the waters of Tumalo Creek nor to the use thereof ,for the reason that they have never used water there- from for irrigation or other beneficial purpose,as more fully ap- p ears from their Statement ancz Proof of Claim filed with the Divis- ions Sup erint endart herein. H R ;FOIE the above named Parties Contestant pepray that the Board of Control enter its Order determining and establishing that these parties Cort extant, th eir successors and assigns are j oar* ly entitled to the beneficial useof Four hundred slxt (460) miners inches per- � aii- ., r--+ t.e from the waters of Tumalo Cr eek, sai d right to use to be appurtenant to the lands described in the Statement and Proof of Claimant Tom! Tumalo Irrigation Company and of Hans /4 Jolnson, triti A! Berson, Fred Anderson and lobert A.Puett,attached to "WIN 441 er and made a part thereof , on file with the Division Wyperintenda rat herein.Lnd that the right to the said use of Four hundred sixty(460 Sere inches of 'water shall be prior to any rights of the above • • 4 named Parties Cont est ee,Mary F. hulk ey and J. C. "eo rg a and A. E. George to the beneficial use of the waters of Tumajo Creek and prior to tine right of the =Carty Cort est ee, the Columbia Southern I rrigatir Corry g pang, its successors, assigns and grant ees, to the use of any of the waters of Turnalo Creek,diverted or put to beneficial use u u s b s eq er. t to January 30th,1910, ....6 isc,...-4-en„ Attorneyf or Parties Contest- ant. State of Oregon, County of Crookiss.11C.E.Benson,btiiing first duly sworn depose and say that 1 am the Attornei for the above named Parties Contestant; that 1 have read the above and foregoing Notice of Contest and the same is true as 1 verily believe. Lr4Y (yrd.14-ii ( (0 9-tgz(4-(4)% Sn. a„L.F. , dce,-; rtiree7 �/ C L��c o Before the Board of Control of the State of Oregon Water Division No In the Matter of the Determination of the Relative Rights to the Waters of a Tributary of .ur : . 10 vree yesehutes .Aver she �a:,:n, e Irrigation Go., �* Johnson y irons :Johnson ymil Anderson, Fred Anderson and Bober A, Puvtt aal mbia noratlor County NOTICE Of SEARING Parties Contestant _. vs. : eat cern Irrigat Lc 0 LLE); r:j r . To • a eor- :du1Ee y , J . v . George , A.E.George, Parties Contestee_. To - yj-Q4 k -o i a, fid -o -u 1 1 e rn .gine A GeorEe rrig.'} ing • r j n Vn . Geore Contestee above named: IN 1'HE NAME OF THE STATE OF OREGON: You are herebv notified that the above named contestant _ ha. . filed a contest against your claim to the waters of lumalo Creek and its tributaries in rr . 0017 .� `' County, Oregon, incl that - � �:;% � �c d a,j the -- __1 5th___.- _- _ day of •Tune , 191 0, at the hour of 10:00 o'clock A. M. at et r41)- .„. 69 L to .i 1 b� �. •1►•, Laidlaw the time and place for the hearing of said contest. • , Oregon, has been fixed as Superintendent of Water Division No. of the State of Oregon. • 1 S TA TF, OF OREGON, County of r • • 1 • • 1 I hereby certify that I served the within Noti and County on the named day of Columbia ,Jo _i c +`rL? lr.ri ". 1. of Hearing within said State 191_0_, , on the within cyrnorlit4 on, contestee__, by delivering - a copy y thereof prepared and certified to by me as sheriff, together with a copy of the Notice of Contest named in said Notice of Hearing, prepared and certified to by • Water Division No. _ 2of the State of Oregon, to the said personally and in person. r _4_ , Superintendent of .G.SalTi ()iiil, Sh eri if of By State of Oregon. • Coon ty, Deputy. ORIGINAL Before the Board of Control A 71 re STATE OF OREGON Hinter Division No. Cnnt('.SIL'/1t,1. C'or1 te,5tce,i. NOTICE OF HEARING P;lerl_- Supt. JJ'.uter- lEr. No. IVII.I.IS S. IMJNIWAY. STATE, PRINTER 4014 • 4 Before the Board of Control of the State of Oregon Water Division No. 9 Crook County In the Matter of the Determination of the Relative Rights to the Waters of :4. aural o Creek a Tributary of De chutes River . Hens Johnson Anderin ;red Anderson, and Robert 1 Co vs. Contestant S C_olu►rbia So:4tl ern. Trrigatinr Co., a or a G a J , C , G e o r -g e B,George Contestee S_. TC' of -1:r1 i&_aoutherr_ irrisati±g Co mxsti NOTICE OF HEARING ,.a.� .t. e y t e orpte , Con testees _ above named: IN THE NAME OF THE STATE OF OREGON: You are hereby notified that the above named contestant_ ha ve filed a contest against your claim to the waters of — 114=1_0 0 area.,_ Crock County, Oregon, and that ,., . : %" 10 L _ I s TT and its tributaries in the __loth day of Jure , 1910' , at the hour of 10:00 o'clock A. M. at tank P12 e1f. lr _..i:.idlar► the time and place for the hearing of said contest. Oregon, has been fixed as Superintendent of Water Division No of the State of Oregon. 1 STATE OF OREGON, County of .,r 1 hereby certify that I served the within Notice of Hearing within said State and County on the ‘72-- day of 1916 , on the within named _ contestee b ti- delivering a copy thereof prepared and certified to by me as sheriff, together with a copy of the Notice of Contest named in said Notice of Hearin„ prepared and certified to bre Wa ter Division No. , of the State of Ores} ��eiteLev c•Qa47-* Lt/ 67- /fr/)ersoj �:�;y (a r erson. , Superintendent of 24: . „ `Z - f3 v State of Oregon. County, Deputy. I 2 BEJORE the BOARD OF COIT`i OL of the STATE OF OREGON Water Ditision No. 2, Crook County, 3 In the Matter of the Determination ) of the Relative Rights to the Waters MOTION 4 of halo Creek, Tributary of Deschutes River. 5 6 PCixnalo Irrigation Company, a corporation, Hans A. Johnson, 7 'mil Anderson, Fred Anderson and Robert A. Puett, 8 Parties C ont e s t ant , 9 vs. I0 II I2 '3 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 Columbia Southern Irrigating Company, a corporation, participating in this determination of rights under the name of Columbia Southern Irrigation Company, Mary F. Mulkey, J. C.George and Ao F. George, Parties Contestee. Comes now the Columbia Southern Irrigating Company and moves the court for an order postponing the taking of testimony in the above entitled proceeding until a time certain to be fixed, and bases this motion upon the affidavit of Wm. T. Muir herewith filed. Dated -- June 11,19100 1.eo t i on- page 1 Artorney or olum ie, our Irrigating Company. • State of Oregon County of Muttnonan • ss • • Due service of the within me tion is hereby accepted in :'rook County,Oregon, this da: of June ,1910, by receiving a copy thereof, duly certified to as such by Wm'. T. #,air, , attorney for `aolumb is Southern Irrigating Oompany. Attorneys for. 'artier ;ontestant • • or.:7zinal 41 Tfore the Board of Control of • • • ther' J to of Oregon at er Tivision No`. 2, Crook Count In the Matter of the Leterm ination of the Relative Rights t o ,the .; at ers of Tumalo :;reek, Tributary of :Deschutes Fiver, Tumalo Creek Irrigation Company, et al, Barties Contestant VS. Columbia Southern Irrigating Company, et al Parties Contestee MOTION of Oolurab is Southern Irrigating Jompany From the office of 3m.T.Muir Failing Building, Fortland, Oregon. • • r LI 12 13 '7 x8 '9 21 22 2 2 3 25 26 27 28 BEFORE the BOARD OF CONTROL OF THE STATE OF OR:HIGON Water Division Ito* 2, Crook County: In the Matter of the Determination } of the Relative Rights to theWaters )Affidavit of Wm. T..ir of Tumalo Creek, Tributary of Deschutes River.) Tumele Irrigation Jompany, a corporation, Hans A.. Johnson, Emil Anderson, Fred Anderson and Robert A. Puett, Parties Contestant, vs. Columbia Southern Irrigating Company, a corporation, participating in this determination of rights under the name of Columbia Southern Irrigation Company, Mary F. Mu.]key, J. C.George and A. E. George, Parties Contestee. State of Oregon ) )ss. County of Multnomah, ) I, WM. T. Muir, being first duly sworn, depose and say, that I em the attorney employed to represent the Columbia Southern Irrigating Company in the above entitled matter; that I am the attorney for Vim. Do Brewster, as administrator of the estate of George Baldwin, deceased, and represent the said Brewster in a suit in equity brought by him in Linn Counter ,Oregon, against several persons defendant, and represent the said Brewster in a suit instituted in Marion County, Oregon, against him; that by a stipulation entered into during the mont4 of icor ember,19o9, both of said cases have been referred to a Referee, with the agreement that the taking;; of testimony shall begin in the City of Salem, Oregon, on Thur day, the 16th day of Ju.ne,191O, and shall proceed, until the testimony in both of said suits has been taken; that " four witnesses in each of said suits live in the State of :?isconsin and that they left the State of Wisconsin on June 4,1910, in order to be 3I present at the trial of said suits before the Referee, beginning on June 16,191C; that said four witnesses were present in Oregon for the purpose of appearing in the trial of said cases in nePfi q"it_rnr"e 1 2 3 8 I fr rI 12 aM 1 3 '4 16 17 18 19 20 21 22 23 24 25 26 2`' 28 the month of ITovernber,1909; that owing to the sudden illness of counsel on the opposite side, they were compelled to return East without being heard as witnesses, the stipulation at that time being made that the causes should come up for hearing before a Referee, on June 16,1910; That until a few days ago, I had understood that all of the persons engaged in said contests would consent to a postponment of the taking of testimony therein from June 15,1910, 'trail a later date; that since learning they would not so consent, I have not been able to make any prep&ration for the trial of said causes, and that the time we have had, has been so short that no other counsel has done so or could have done so; that it will be impossible under the present conditions for the Columbia Southern Irrigating Company to properly represent its interests in said contests if the same come on for hearing on June 15,1910; that I am informed and believe that the result of said contests will materially affect the contract with the State of Oregon, held by said Columbia Southern Irrigating Company, and if said contests are adversely decided, it will be impossible to reolalin lands now seggregated and which were intended should be reclaimed by water supplied by said Irrigating Ooinpany, the right to which is now conew tested; that this circumstance ought to afford an additional reason why the said Irrigating Company should have a fair opportunity to prepare and present its evidence in the above entitled pro- ceeding, prior to b eing called upon to cross -'examine intelligently any of the witnesses called therein; that I make this affidavit for the purpose of procuring a )ostponemnnt of the taking of testimony in the above entitled proceeding. Subscribed and sworn to before me this llth�day Affidavit page 20 No vary .'ublie June, 910. &144q9 or !1re n ( 1 • • ) State of Oregon ) )ss. County of ;rook ) r • • • Due service of the within Affidavit is hereby accepted. in Crook County,Oregon, this day of June ,1910, by receiving a copy thereof, dilly certified to as such by Wm. T. Muir, attorney for Columbia Southern Irrigating Company. Attorneys for Contestant • • • Original :efore the Board of :on urol of the State of Oregon ':rater Division iro. 2 Yrook Jaunty In the Latter of the Determin- ation eternin-- ation of the Relative Rights to the raters of Tumalo Creek, tributary of Deschutes River. Tumalo Irrigation Jornpany, a corporation, et al Party Contestant, VS. Columbia Southern Irrigating Company, et al .Fart ies Jontestee . Afa idavjt of Wm. • -- • _ul.i.' nal JLJN 1 5 J910 SUPT. Vi•A`Iift DIV, NO. t. From the Office of .`lin. T. Muir, Failing Building, Portland, Oregon. • r,. • " " "TOM the BQiA�. D OF CONTROL of the STATE OF OREG0N ,pater Division Nos 2, Crook County In thetttter of the Determination of the Relative Rights to theaters of oto Creek, Tributary of fieschutes river. • } )sTirnm t I0 bio Irrigation Company, a oo oration, ns.A. Johnson, ail An ers on, Fred. Anderson and Robert A. ue t t , i Parties Contestant, Odlumbia Zouthern'Irrigating Company, A oor...orat ion, participating in this determination of rights under the name of Columbia outhntn Irrigation Company, , F. Mulkey, J. J.Geor e and. A. B. Ge o re , Parties Contestee rt is stipulate& and a roe& thut the taking of testimony and. of Further proceedings herein shall be postponed from the time now fixed therefor, t o -wit :.. Juno 15,1910, until the 30th day of november,1910 . Dated m. 3l, 1910 . 7Ltoitiaiy � or �'�r ie'� Cante�a�tRrit --14/ aaatockt:/4.; Avte tnly altiz torne s orgx• ifs C .t ste d Before Board. of Control i w the State of Oregon Water Division „%2 Crook County In re Tumalo r3reek Tumal o I r i ;at i on Jonpany, et al, Vs. Columbia Southern Irrigation Company, et al 1 1 P1TIAT 1 OIt N. 1 11H, 1H t'1 • 1 a Before the Board of Control of the Statn of Oregon, Tater Division No. 2, Crook County. In the T, tetter of the Determination o f the Relative Rights to the Waters o f Tunalo Creek, Tributar y of ) Stipulation. De s cle At e s River. ) ) Tuma to l .A.. -- o n Company, et al., 'STs • Colur'bia Sou ;'tern Irrigating Compa. t, 9t al. sr r• Contestants. Cerintbtee,sit • 24 -•a Y • M M r 1.4 4 ,f It is hereby stipulated hm;;.tnd between the part,±es :ontestant, herein, throu,7h Uieir attorney, r a `5e Benson, and by i"ary,f. kaltey, one of the ecntc.stees herein, as follows: ., That the partied to this stipulation. shall determination of the issues 1-:er ein between the parties contestant and th t co9icratian defendant, the Columbia. Sout'.ern Irrigation Company, and that the final determination of the issues in this contest as determined from the hea,r rg between the parties contestant and the said party cent estee, the Columbia Southern Irrigating Company, s':all be in all respects equally binding upon +Alit, said Mary F. Vulkey, except that thm said "a.ry F. Y lkey reserves the V 7 and appeal from any findings of the 3 o a.rd 4f Control in this contests Dated , June, 23, 1C10. At,tcrnetT forontesta,n+s. 11101•4.4/Ss, INERSASONIS I DEFORR Tw ii BOARD OF CONTROL, ST ,ATE OF OREGON. Tater Division No. 2, Crook County In the matter of the determination of the relative rifyhts to the vratars Deschutes River of Tunalo Cre t'k, tributary of the The Tumalo IrrirTat ion Company, a corporation, Fans A. Johnson, • Emil Anderson, Fred A. Anderson and Roht . A. Pue t t . Parties Contestant V S CclunLia Southern Irriivating Company, a corporation, et al. Parties Contestee In the name of the State of Oregon, you are hereby required to appear before the undersigned, the District Superintendent for said water Division, at Laidlaw,s Oregon in said water Division, 0/1 on the 22..day of June 1910 at o'clock in the forenoon of said day, to testify as a witess on behalf of the co ntestees in the above entitled water searing. • Given under rry hand this the `av of June 1910. Division Supt. of said Tater Division Emil Anderson INDE X. CONTESTXNTS' WITNESSES. Direst Cross Re -Direct Re -Cross 2 12 17 Hans Johnson 17 23 29 D. D. Weiss 29 32 32 C. W. Allen 32 R. R. Reisdorfer 33 Frank Murk 35 A. J. Harter, 36 F. E. Dayton 38 _ I e _ a In .. _ Fred Anderson 39 Emil Anderson __ _ _ SS ems IN REBUTTAL 57 59 CONTESTANTS' EXHIBITS. Exhibit "A" nip Page 1 Exhibits "C" "D" "E" it 2 Exhibits "F" " 3 Exhibtt "G" tt 8 Exhibit "HT' " 11 Exhibit "I" " 18 Exhibit "J" " 43 CONTESTEE' S WITNESSES. Direct Cross Re -Direct Re -Cross C. P. Becker 47 Fred U. Wallace 48 51 G. W. Updike 52 54 55 Fred N. Wallace, re -call 56 56 W. N. Ray 56 CONTESTEE' S EXHIBITS. Exhibits 1 to 20 Psge 46 Exhibit 21 ---- " 46 STIPULATIONS Pages 35 and 46. BEFORE THE BOARD OF CONTROL OF THE ST. `.TE OF O EGOU1 WATER DIVISIO 4 BO. 2. CROOK COUNTY. In the matter of the Determination of theelative Rights to the waters of Tumalo Creak, a tributary off the Deschutes River. !he Tumalo Irrigation Company, Hans i ohn on, Emil Anderson, Fred Anderson and Robert A. Puett, Parties Contestant, eve- Columbia vewColumbia Southern Irrigating Company, a corpor&tion, diary F. I ulkey, 3. C. and A. E. George, Parties Contestee. NOW on this 24th day of June, 1910, at 9:00 A. 4., this cause corrin; on for the taking of testimony at the Laidlaw Chronicle Hall, in Laidlaw, Crook County, Oregon, before F. M. Saxton, Superintendent of Water Division No. 2 of the State of Oregon, the contestants appearing by C. S. Benson, their attorney, and the contestees appearing by Wm. T. Muir and G. F. Martin, their attorneys, the following proceedings were had: MR. BENSON : The contestants at this time offer in evidence a certified copy of notice of water filing of date June 19, 1905, and signed by Emil Anderson, Fred Anderson and Robert A. Puett, and ask that the sane be received in evidence and marked Contestants' Exhibit "A". T. . I UIR; No objection. COURT: Received in evidence and marked Contestants' Ex. "A". .. BENSON: Contestants also offer in evidence a notice of water appropriation, by certified copy, dated 28th day of April, 1908, signed by mil Anderson, Fred Anderson andCobert A. Puett, appropriators, filed in the office of the County Clerk of Crook County, Oregon, May 4, 1908, and ask that it be received in eivdence and marked Contestants' Exhibit "B". COURT: Received in evidence and marked Contestants' 1. Exhibits "A" and "3" «B„ LIR. BENSON: We also offer in evidence a certified copy of appropriation of water, signed by Emil Anderson, Fred Lnderson and Robert A. Puett, appropriat&rs, and dated 28th day of April, 1908, and filed in the office of State Engineer 25th day of May, 1908, and ask that the same be received in evidence and marked Contestants( Exhibit ITC If • ?IC IT COURT: Received in evidence and narked Contestants' LR. BENSON: We also offer in evidence at this tine, certified copy of the Articles of Incorporation of the Tumalo Irrigation Company, acknowledged on the 15th day of July, 1905, and ask that the same be received in evidence and marked Contestants' • Exhibit "D". COU: T : Received in evidence and marked Contestants' Ex. BEJSON: We also offer in evidence a certified copy o f a quit -claim deed from Emil Anderson, Fred Anderson. and Robert A. Puett, and Ella Norah Puett, his wife, to Hans Johnson, for an undivided one-fourth interest in and to 50 cubic feet per second o f water from Tumalo Creek, said deed beim; dated. June 1, 1908, and ask that the same be received in evidence and marked Contestants' Exhibit "E" and be made a part of the evidence in this case. COURT: Receivedin evidence and marked Contestants' Ex."E". EMIL ANDERSON, beang celled as a witness on behalf of the con- testants, and beim first duly sworn by F. M. Saxton, Superintendent o f ,Fater Division To. 2, to tell the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION - - - MR. BENSON. Q. Mr. Anderson, state your age, residence and occupation? A. Forty-one years old; Bend, Oregon; farming is my occupation. Q. Are you the ':Yril Anderson who appears on the notice of appro- priation of ppro-priation..of water from Tumalo Creek that have been shown by 2. EILID ANDERSON, D. certified copy in this case? A. Yes sir. What interest, if any, have you in the corporation contestant in this case? A. I have a one-fourth interest, 12*shares. Q. Who are the other parties interested or owning that corporation? A. Fred Anderson, Robert A. Puett and Hans Johnson. Q. By whom is the irrigation canal, and the laterals connected with it, owned, which is involved in this contest? A. The Tumalo Irrigation company. Q. ILS. YUIR: I move to strike out the answer; that is a mat- ter to be shown by some instrument of wtiting. �y BENSC�'��t : It has been ruled by the Superintendent that instruments of writing need not be shown. COURT: I have made that ruling in matters of land; my opinion is that this should be shown by sone written instrument if there is any sucr instrument. You have shown the title to the water in the first place by the individuals, but there should be some written instrument conveying that to the indivie4- ual s . TBENSOI : The contestants at this time offer in evidence a certified copy of a conveytInce by Emil Anderson, Robert A. Puett, Hans Johnson and Fred Anderson of the rights claimed in the appropriations of waters from Tumalo Creek,as evidenced by the copies heretofore introduced herein, and in and to the Tumalo canal and its subsidiary laterals, to the Tumalo Irri- gation Company from these -parties, said certified cony to be considered as offered now andto be suppliedlater; and ask that the same be received in evidence and marked Contestants' E:thibit "F". .. LUIR: 1:o objection to this being supplied later if it is now on record. 3. Emil Anderson, D. COURT: Are they on record now? MR. BENSON: They are not now on record. The situation is just this: The actual transfer in writing has not been made from these eorrorators andthe parties who participated in this, but that is merely a detail of proof r hich can be supplied, o_r the mat- ters that have t -ken place. The witness will show that this incorporation was made for the purpose of holding the title to these works ant any right that the corporators had in this appropriation; but a transfer has not been made by these corpo- rators to the company, and it was to supply these matters of record that I made this offer. L2. LUIR: We object to having any instrument now executed and after being executed, filed and a certified copy introduced here as evidence; or to have any copses made hereafter which are not now executed. We think that the ri;tht s of the parties to this determination certainly must be fixed at least at the time of filing the claims in the contest. COURT This matter will be passed on later. The Tumalo Irrigation Company you mentioned, is the tarty con- testant in this case, is it not? A. Yes sir. Commence at the beginning of the first work that was done on the canal involved in this case, an( state the year that work was commenced, either surveying work or actual contru ction, incluhang the month.? MR. MUIR : Vie enter here now an objection to apply to tills ques- tion ues- tion and others to be asked; object to the testimony going to show anything which was done in connection with this canal or irrigating ditchand water rights in so far as the Tumalo Irri- gation is concerned, because the Tur alo Irrigation Company has o interest in the matters of the contest. COURT: You may answer the question, Er. Anderson. 4. Emil Anderson, D. A. We made a preliminary survey in January, 1904, at the time we filed on the desert land, so as to get a map and shop the course of the ditch we intended to make. Q. Did youdo anything further in 1904? A. No. Q. What was done the next year, 1905, in the way of locating and constructing this ditch, giving the month? A. We commenced to survey March 6, 1905, actual surveying; then we commenced construction work Eay 20, 1905. Where did you commences construction work? A. We commenced about a mile from the head gate; commenced scrap- ing to make the ditch. Q. What did you do that year in the vet:y of building a headgate to the ditch? A. We were working I think, about two weeks on the ditch before we made the head gate. " . Give the size of the head gate as built at that time? A. 4 feet wide, about 3 feet deep. How does the size of the head gate that you built then, compare tith the one used there since? A. It is the same, practically. Q. Did you put in a d< -m there at that time, to turn the water into the head gate, or not? A. Yes, we did later in the season; about August 15, I think; before that tine we did not need a Cam. Q. On an average, ho wide was the ditch built that year? A. 2-* to 3 feet on the bottom. Q. And how deep? A. About 4 feet wide at the top and about 8 or ten inches deep. Q. How great a distance did you cut the ditch through that year? A. Clear through, to the land. Q. How far was that? 7mil And rr. son, D. Q I judge it was about 7 miles. . About how much time, ;pith how many men and teams, did you put in, that year? A. About three months, or a little over, with 4 men and 2 teams. Did you get water actually upon any tract of the land involved in this contest, that year? A. Yes sir. Q. Whose land? A. On my own land. Q. Take the next year, 1906, what was done upon the canal? A. We built a flume in 1905, five nieces of flume. Q. Describe the size of the flumes, in witch and depth? A. Four feet wide and 1 foot high. Q. Of what sort of lumber was it built, as to thickness? A. One inch lumber. Q. What was the length of these aifferent pieces of flume, as near as you can remember? A. About 600 linear feet. Q. Was anything more done in 1905, on that canal? A. No sir. Q. Now take the next year, 1906, what tiara; done? A. In 1906, we commenced work I think, about the first of March, and cleaned out the ditch and also put on an eir ht -inch board on the flume, making the flume 8 inches higher. . What else was done that year? We cleaned out the whole ditch there, made the flume 8 inches higher. What land other than what was reached in 1905, was reached in this year,1906? We reached Fred Anderson's, Hans Johnson's and Robert A. Puett's. Andthey are all the tracts of land that are represented in this contest? Q A. Q. A. Q. 6. Emil Anderson, D. A. Yes sir. Q. Did you do any additional work to the head gate or dam, in 1906? A. No sir. Q. What did you do the next year, 1907? A. Cleaned out the ditch. .About how much time and with how many men was spent in 1906 and 1907? A. In 1906 we worked about 6 weeks ; in 1907, about 4 weeks, I think. Q. Anything additional done in the way of extending the ditch in 1908? A. io. We went through the whole ditch and cleaned it out and also made it a little larger. 4 . As the ditch was in 1908, how did it compare in size as it was in 1905? A. It was the same in 1908, four feet on the bottom, 6 feet on top. How does it compare now with what it was in 1908? A. Practically the same. Q. How deep was it in 1908? A. Depth of the flume was 1* feet in 1908. !c`. Has there been any change in the size of the ditch, or the carrying capacity of the ditch and the flumes, since that time up till now? A. No, not to amount to anything; it has been cleaned out and that makes it stouter and stronger, but it is pnctically the same. Contestants offer in evidence the Register and Receiver's final receipt on desert land acquired Larch 3, 1908, issued. to Emil Anderson for the NWe of Sec. 12, Tp. 17 South, Range 11 E., W. M., and ask that the same be received in evidence and marked Contest- ants' Exhibit "0", with the privilege of withdrawing the original receipt am', substituting a copy of the same. NO OBJECTION. RECEIVED in evidence and marked. Contestants' Exhibit "G", to be copied into the record and the original teturned to Emil Anderson, Bend, Oregon. 7. Emil Anderson, D. Q Contestants' Exhibit "G". Receiver's Final 'eceipt ,) 4-143 ( Declaration, ) to o . 130 - - a ) ( No. 423. Desert Land Act of March 3, 1877, and Act of March 3, 1891. LAND OFFICE, at The Dailes, Oregon, March 3rd, 1908. Received from Emil Anderson, of Bend, of Crook County, State of Oregon, the sum of 160 dollars and No cents, being final payment of one dollar per acre for the Northwest quarter of Section 12, T. 17 South, Range 11 E., W. Tib., containing 160 acres, at one dollar and twenty-five cents per acre, the twenty-five cents per acrs having been hereto- fore paid., as per Original RecA.pt o. 423. Louis H. Arneson, $160.00 0-2 (Endorsed on back) Receiver's Final Receipt. Desert Land Act March 3, 1877, and Act of March 3, 1891. U. S. Land Office 8. Exhibit "G". at No . _ .. Receiver. Q. What was the date of your entry on thit tract of land? A. January, 1904. And final proof under that entry has been submitted, has it not, to The Galles office? A. Yes sir. O. When work was commenced on this canal you have spoken of in your last answer, state whether or not it was yourintention that water shouldbe taken through that canal onto this tract, this desert claim? A. That was our intention. t• Commencing with the year 1905, state the amount of land, each year, that was irrigated upon your desert claim from this ditch, giving the amount in acre: In to the present time? A. Nothing in 1905 or 1906; in 1907, I had 23 acres in irrigation and in 1908 there was 70 acres and in 1909 there was 81 acres in irrigation. Q. Was any use made of the water from this canal either for do- mestic o-- mestis or stook purposes prior to 1907, upon your lend? A. Not on my land, no sir. Q. What part of your desert claim is capable of irrigation? A. About 145 acres. Q. What is the reason that the remaining 15 acres can not be irrigated? A. It is too rocky; there are mall ledges. Q Q. What are the dimensions o: the ditch where it comes out to the first of these tracts of land represented. in this contest, in width and depth of water that it is carrying at the present? A. That is in an awful steep place; something about 2-* feet wide and 1 foot deep. Q. Take the ditch where it is about the avera,ge grade of the en- tire length of the ditch, nearest to the land, and how wide id the stream of water an( how deep, that you use to irrigate 9. Emil Anderson, D. st all your land that you are irrigating at the present time? A. About 4 feet on the bottom a about 6 feet on top. Q. Kow deep is the stream of water that you use to irrigate all of your lint" that you are irrigating up to the present time? 13 or 14 inches; I have not measured it. Q. What part of the flow of water just described, do you use in irrigating all the land you are irrigating up to the present time? A. I use about all of it. Q. And how many acres are there at the present time,on all of the lands that are represented in this contest, that you are irrigating now ? A. About 200 acres. do you know Q. Now, „the stock holders of the Tumalo Irrigation Company which appears as party contestant in this case, and the amount of stock held by each? OBJECTED TO AS IMMATERIAL. OBJECTION OVERI'U1BD. and Emil Anderson A. Hans Johnson, 'red Anderson and Robert A. Puett, „12=z shares each. Do these parties named, own all the shares of stock? A. Yes sir. Q. OBJECTED TO AS I1'IvIATERIAL. OVERRULED. Who are the officers of the Tumalo Irrigation Comp..ny, at present . A. Hans Johnson, president; Emil wnderson, secretary; Fred Anderson, treasurer. OBJECTED TO AS I; MATER IAL . Q. Since the time of the incorporation of the Tumalo Irrigation Company, what other person than these mentioned, have been either stock holders or officers in that company? OBJ CTED TO LS I1 IL:TErI AL. O VERRULED . 10. Emil Anderson, • A. Robert A. Puett. Q. What position did he hold in the company, and when? A. He was president, I think, of the company one year. C. And these persons, that have been named, are the same persons whose names appear in the Notice of water appropriation that has been offered in evidence in this case? A. Yes sir. IR. BENSON: Contestants offer in evidence a certified copy of a patent from the United States Government to Robert A. Puett for the SW4 of the SE* of Section 11, and the NW:17 of the TE and the _i of the Nj of Section 14, Tp. 17 S., R. 11 E., which patent has been issued, and of which I have been notified. to get a certified copy up to the present time, and ask that the sme be admitted and marked. Contestants' Exhibit "H" and made a part of the record in this case. This is to be supplied later. COURT: Received in evidence and marked Contestants' Ex. '11", Q. Do you know the location of Robert A. Puett's homestead, the description of which has just been read? A. Yes sir. . Is water led on to this piece of land from the cnnal just been talking about? Yes sir. When was water taken onto that tract? A. In 1905. Q. What amunt o land was irrigated that year? A. None; just domestic use. Q. How much was irrigated on that piece of land the next year? A. About 20 acres. Q . Was any use made of the water for domestic and stock that year? A. Yes sir; used it for domestic and stock, too. Q. Take the neat year, 1907? 11. }iiil Anderson, A. In 1907, he had about 2 acres more, irrigated; he also had the same land in irrigated in 1908. Q. what was the acreage in that year, 1908? A. About 23 to 25 acres, something like that. Did not use any water in 1909. Q. Novi much land up to the present time, has there been irrigated upon the Puett homestead? A. I judge about 25 acres. Q. How much of this 160 acres is irrigable from the Tumalo canal? A. About 75 acres, probably. Q. During the time and including part of the year 1905, when you remember work i:pon the Tumalo canal was done, what was done by the Columbia '‘outi?ern Irrigation c omroany in the way of construct- ing canals? A. I don't know anything; except what I have heard. Q. Lo you know of anytI-ing they have done since 1905 in the way of construction or work upon this system? A. No, I could not say what their work has been; not much of any- thing; I just saw them at work in 1904, - that's all. Q. CROSS EXAMINATION- - -- MR. MUIR . You have been up tp the head gate of the Columbia Southern company have you not, Vir. Anderson? A. No sir. How far below the Columbia Southern head gate is the old head. gate? I could not say. You say that it was not necessary to have a dam prior to August 15, in order to fill your ditch with water, do you? A. Did I say August 15? I (id not mean th€�:t. About July 20, or something like that. Q. And before that time you say you did not need a dam? • A. It was always big enough to fill it. 12. Emil Anderson, Cross. Q. You did not need it because -s-_ A. I don't think we did need that darn in 1905, as far as 1 can remember. Q. When you say you did tot needany dam until. July or August, you, you mewl to convey the idea that you were not taking water out of the stream, do you not? A. No, so much water er would flow in without damming it up. How low would the water get in July, in Tumalo Creek? A. About the last of July it commenced to get pretty low. Q. Rave you seen the water cease running altogether where your dare is? A. No sir. How low wouldit get? A. Running in between the rocks, I can't tell how deep it would be; some places it would dam up 2 or 3 ft. and in other places it wouldrun between the rocks. What do you estimate the flow of water to be at the places where your dam is built, in August? A. If you take it all in our ditch, (but we never done it) it would bo about half full,when it is the lowest. How many miner's inches of water would your ditch hold? A. I could not tell you. C. About 400, you. think? A. never measured it; don't know how t o . O. You claim about 460 inches, don't you? A. Yes sir. Q. Assuming the statement in your claim to be true, that the ca- pac it y of your ditch is 460 miner's inches, would you say that in August there is enough water flowing in the Tumalo Creek at the place where your dam is built to make about 230 miner's inches of water, or half the capacity of the ditch? 13, Emil Anderson, Cross. A. T rather think it would, if it wcd6s all turned in, but I never tried it. Then in August, if you could turn all the water that comes to the place where the dam is built, you could probably obtain from Tumalo Creek about 230 miner's inches of water, could you? A. Yes, I guess so. Q. In seasonof flood w<ter, there is plenty, is there? A. Yes sir. Q. How long does the water in Tumalo Creek remain at its very lowest stage? A. It commences to get low the first of August and it depends on the fall. Q. You can depend upon about two months of extreme low water, can you not? A. Yes, just about that; two months of low water. Q. A. Q. Who joined in the original plan to construct that ditch? Myself, Robert A. Puett, Hans Johnson, and Fred Anderson. Same people interested now? A. Yes sir. Hans Johnson did not sign the notice of aprropriation, did he? It was on account of some trouble on his land, but he filed on Q• A. Q it in about a week. was going to take it as A desert lana and there was a new law come on and die couldnot take it as desert and he did not know what to do, and during that time, two -,eeks, we incorporatdd and he filed for water. . So at the time you and Mr. Anderson and Mr. Puett filed on that water, the purpose was to claim the water for you three men, wasn't it? A. I think it was. not f ` It was,, intende d at that time that Mr. Johnson should have any interest in the ditch or water, was it? Well, he had not given it up; he had his interest in the ditch :anvil Anderson, Cross. • but didnot know what to do. He found that out, so he didn't file. Q. Yr. Johnson had no land at that time, did he? A. He had not filed at that time. Q. Ind he didn't know whether he would or not, did he? A. I would not say; maybe he had filed, and it had not been ac- cepted. The situation was such that Johnson at that time, after having discussed the question of water right, concluded tot to join in the application for it; A. I can not answer that because 1 don't know; I remember how he was fixed about the land at that time,. No, he did not #o in in at that time. Q. You men talked over the matter of making the application for the water right, and Johnson concludedat that time that he would not join: is that correct? A. That is correct. Q. And so John Jon did not appropriate any water at that time and had no landunder the ditch, did he? A. Fe had some right to the land some way, but 1 don't know how; I don't know whether he had permanent right, or not. Q. He did not know whether or not he had any right? A. No. 0. And not knowing whether or not he hid any right, he did not appropriate any water? A. No. Do you mean Johnson did not know, or 1 do not know, which? OBJECTED TO AS EOT PROPER CROSS EXAMINATION. Q. The question of applying for a water right had been discussed between you four men, at that time, hadit not? A. Yes sir. And when you went to take it ur, , Johnson dropped out aria the three of you took it up, didn't you? 15. Emil Anderson, Cross. Q A. Yes sir, but the reason why he drppped out, I can't say. Q. Yousaid that the size of your ditch, at the place where the size would represent an average width, was 4 fett on the bottom and 6 feet on top; in answer to another question you. said that the water ran through the ditch to a depth of 13 or 14 inches: now, do you mean to testify that the water ran through this ditch at the point where it was 4 feet on the bottom and 6 feet on top, to a depth of 13 or 14 inches? Yes sir. How deep was this ditch at the places where it was 4 feet on the bottom and 6 on top? A. About 12 feet deep. I understoodyou to say that the ditch at the head g_ to was 4 feet on the bottom and 6 on top, is that tight? A. No, the head gate is 4 feet; same on the top and bottom. Is there a flume, or just a head gate there? There is ditch from the head gate to the flume. How big is the ditch at the head. gate? It is about the same size; runs deeper. What is the size of the ditch at the head gate? From the head gate it grows narrower; it is steep and runs swift in places there. Q. What is the size of the ditch at then smallest place? A. 3i feet on the bottom and 4i on top. Q. Hor deep? A. About the same depth. Q. Why did not Puett use water in 1909? A. He left here. Q. Gone away? s. Yes sir. Q. Did he sell his land? A. No sir. 16. Fmil Al^(lerson, Cross. A. Q. . Q. A. Where is he? A. In California. Does he intend to come back? OBJECTED TO as incompetent. A. I don't know. What time Cid he leave here? A. I don't remember exactly; think it was June or July, 1909. RE -DIRECT Ex. - - - MR. BENSON. Is the Head gate of the Tumalo Irrigation Company's ditch above or below the Columbia Southern Company's intake? A. Below. • OBJECT TO. That has already been asked. HANS JOHNSON, being galled as a witness on behalf of the contest rate, and being first duly sworn to tell the truth, the whole truth and noth} ng but the truth, testified as follows: DIRECT Ex. - - - Ivy. BENSON. Mir. Johnson, state your age, occupation and residence? A. Forty-two years; farmer; Bend, ss my address. Q. Are you one of the parties who appear as parties contestant in this contest? A. I s . 0. What interest have you in the corporation contestcnt, the Tumalo Irrigation Company? A. One fourth interest, in the ditch. OBJECTED TO as immaterial. OVERRULED. L1OVE to Strike out the answer as not responsive. Q. What interest have you in the corporation? A. One fourth. Q. Who are the other stock holders in the Tumelo Irrigation Co.? A. Emil Anderson, Fred Anderson, and Robert 1. Puett, are the other three. 17. Hans Johnson, D. Q. What interest does each of these three own in the corporation? m OBJECTED TO as immaterial. A. One fouth Interest. Q. Were you one of the original corporators? A. No sir. Q. I will hand you a certified copy of the articles of incorporation of the Tumalo Irrigation Company, which are in evidence here, and ask you whether or not you are the Hans Johnson whose name appears therein? A. I am. Q. Since the time of the incorporation of this company, who, if anv others than these stockholc=ers, have been stockholders in the company? A. Emil Anderson, Fred nderson, Robert A. Puett and Hans Johnson. Q . Have there been any others than those mentioned? A. No/ % Q. Who are the officers of the company at the present time? A. I am president, Emil Anderson treasurer, 1 believe, . but maybe he is secretary; and Fred. Anderson holds the other office, which ever it is, secretary of treasurer; 1 don't know which. Q. CUTESTANTS now offer in evidence a certified copy of a deed in wl= ich the Northern Pacific Railway Company is grantor and Hans Johnson is grantee, conveying the SE-. of the vE of Section 12, Tp. 17 S., R. 11 ; and. Lot two of Section 7 Tp 17 S. Range 12; all east of "illamette . eridian; dated Novern- ber 9th, 1907, a -rid ask that the same be received in evidence and be considered in this proceeding under the mark of Contestants Exhibit "I". MR. MUIR: 1 object to the instrument as being immaterial in this controversy, showinupon its face that it was given to comply with a contract dated 21 Octo ger,190a . 18. Johnon, A. Q OBJECTION overrun; Received in evidence and marked Contestants' Exhibit "I". State the proceedings leading up to the issuance of this deed to you, Tidr. Johnson'? OBJECTED TO AS INCOMPETENT. I bought Northern pacific script and placed it on the land, or sent it to the Hudson Land Company at The Dallas, and they placed it on the land for me and I received a contract shortly after from the company to hold until they got the patent from the government and they were to insure me a deed to the land when they got it. . When did you first u#dertake to get title to this 80 acres? A. I contracted with the party in 1905 in Lzarch,or April first part; during that time there was a decision made in the Land Office that no one could get more than 320 acres; I had that much and I could not get this land as desert land; when I found that out, I script the land. Did you do any work upon the Tumalo Irrigation Company's ditch in 1905? A. I did. Q. When did you, personally, commence to do --pork there? A. The 20th of May. Q. In company with whom, if any one? A. Fred Anderson, Emil Anderson and Robert A. Puett. Was this date the first that any construction work was done on the ditch, or not? A. The Andersons had been working about two weeks before I started. Q. Do you know when the he ad gate wts put in up there, the first time? A. I believe in June, 190?. Q. Didyou assist in constructing that hers_ gate, or not? A. I did. 19. Johnson, D. Q. Q. What were the dimensions of it, at that time? Four feet aide, t::nd about 3 feet high. How does the head gate compare in size with the one there at the present tame? Same. Q. Has . the head ever been replaced? A. It washed away last fall, and we put in a new one this spring of the same size. Q. How much ditch, including earth work and flume work, was done in 1905? A. About 6 or 7 miles. Was any of the land representedin this contest reached that year? A. Yes sir. Q4 Whose land? A. Robert Puett's and Emil Anderson's. Q. Was any use made of this water for domestic or atter purpose? A. It was used for domestic purposes as we were working on the ditch. 0. As the ditch was left in that year, 1905, how didits size compare with Its size now? A. It was smaller that it is now; one-third or one-half, S can't say exactly. Q. Was any flume work done that year? A. We had all the flume work done the first year. About how deep and how wide was this flume? 4 feet wide and the first year it was only 1 foot deep and the length was about 600 linear feet. Take the next year, 1906, and state what was done ,and for each year since? We enlarged the ditch all the way through and also put an 8 -inch board more, on the flume. Q. Was there any additional land reached that year? A. 20. Johnson, D. A. We got it down to Fred Anderson's and Hans Johnson's. Q. What was the water used for that year? A. It was used for domestic and irrigation purposes. Q. How about 1907? 4. We cleaned out the ditch. Q. Did you reach any more land? A. No. Q And in. 1908, what was done? is A. We cleaned out the ditch about all we done; but it gradually got bigger. Q. Was there any additional land reached that year? A. We had it all reached in 1906. Q. Was water brought on to all this land so it could be used in 1906? A. No, not all the land. it What land was the water brpught on to in 1907 that „was not on in 1906, if any more? A. I got it onto my farthest 40, that's Lot 2, Section 7, Tp. 17 flange 12, in 1907. 1 Q. Was it brought on to any additional land in 1907 other that your 40? A. I don't know how far the Andersons were using theirs, how many forties they had it on. . But in 1907, was the water from this ditch upon some part of all the four pieces of land that are represented by the differ- ent owners in this contest? A. Yes sir. Q. And all those four pieces were reached by what year? A. By 1906 they were all reached. Q Q. State whether or not in that year the wLter was led on to the highest point , ar points, of each of those four tracts, so that each one could be irrigated by waters from Tumalo Creek? A. It was on the highest points. 21. Johnson, D. Q . State whether or not the water has been running down tiirough the Tumalo Irrigation Company's canal ever since that time to the present? A. It has. Q. What can you say as to the cost of the irrigation ststem owned by the Tumalo Irrigation Company? R . YUIR 1 OBJECT to the fact that the Tumalo Irrigation Company owns it. OBJECTION OVERRULED; merely put in to identify. .About $6000.00 Taking the tract of land represented by the deed of conveyance to you, that has just been introduced in evidence, starting with the year 1905, wee any part of this tract irrigated that year? Q• A. No sir. Q. Was any -part of it irrigated in 1906, end if so state the num- ber of acres? A. Ifo, there we s none. Q. What use was made of the water that year? A. Just for domestic use while we worked on the ditch. Q. And the next year, what use was made of it? A. Not any, except domestic use. Q. In 1908, how about it? A. In 1907, 1 did irrigate about 5 or 6 acres. Q. And did you make any use of it for domestic purposes that year? A. Yes sir. Q. Now, in 1903, how mueL . water and upon what land as it used? A. About 12 acres were irrigated and we also used it for domestic purposes, Q. And in 1909 how much was irrigated? A. In 1909, 1 irrigated. about 30 acres. Q. And how much are youirrigating at the present, and have you irrigated since that 30 acres? Joinson, D. i • A. This year 1 am irrigating about 55 acres. Q. How much of your entire 80 acres do you consider irriggble under this system? A. About 70 acres. CROSS EXAMINATION- - - Q. When the flume was constructed the first year, it was not intended that the land, owned by you now, should be irrigated • through that ditch, was it? A. Yes sir. Q. When was the flume constructed? A. In 1905. Q. You owned no land at that time, did you? 4. I did not, but I knew I was going to get it. C. You contested the main office for the piece you wanted, didn't you? I Cid. Q. But you could not take up the land as Government land because you already had as much as you could get? A. Yes sir. Q. And then you acquired it through the Northern Pacific, did you? A. Yes sir. In 1907, was this? A. I don't remember when 1 got the deed; it tool a year to get the contest through and. I started in 1905. claim Q. What right did you have to to the land if you had already taken up all you could? .. OBJECTED TO AS IMMATERIAL. ,;• When did you obtain assignment of the Moulton contract referred to in the deed from the :Northern Pacific' A. I must have gotten it in the fall of 1906; as near as I can remember. When was this ditch completed so as to reach all the lands owned by you four men? 23. Johnson, Cross. A. It was reached, the farthest piece, in 1906. How much time was put in on it in 1905? Sis weeks. How many men? A. Four men. Q. How much in 1906? A. Five Weeks. Q. How many men? 4. Four. Q. Eleven weeks, with four men, is that it? A. Yes sir. Q. And it cost 6000.00? A. We were not through, yet . Q. How long are the laterals? A. About 7 miles of main ditch. The laterals are not very long. C. How long are they? A. About half a mile. Q . All together? A/ I mean by that, that the laterals that go to my land, from the main ditch. Q. iVell, how ion^• are those that go to the others' lands? . Puett has about one fourth of a ?rile and Emil Anderson about one fourth mile. Q. How much time did it take to build those 1uterals? A. I don't know; we worked off -and -on, on the ditch, by ourselves. C . Did it take as long to build the laterals as the main ditch? A. No/ Q. Four men soul oL build the laterals in 3 days, couldn't they? A. No. Q. Coulc they in four days? A. No. How long, then? 24, John son, Cross. A. Two weeks. Q. So in the system, comr lete , four nen worked about 13 weeks? A. We workedlonger than that. Q. How much longer? A. About a month in 1907. Q. Cleaning out the ditch? A. Yes, and enlarging it at the same time; and we worked a month in 1908. Q. Cleaning out the ditch? A. Yes, and in 1909 we worked about 3 weeks. All of youworked, and did nothinrr else? A. All of us worked on the ditch. Q. Put in all that time? A. Yes sir. Q. Four men, then, worked full days' time on the ditches in those yeas for the length of time stated., did they? A. Except in 1909; Puett did not work in 1909 with us. Do you claim any interest in that ditch and the water, or is your claim that the Tumalo Irrigation Company own it and you, as stockholder, have some part in it? A. It belongs to the corporation. Q. And neither ,you, Fred Anderson, Emil Anderson or Puett, person- ally claim to have any intere „t outside of what you have as stockholder A. Je : re supposed to own that ditch. No one else owns anything in it. The corporation owns it, you said, did you not? A. We are in the corporation. Q. The corporation wwns the right; isn't that so? A. Yes sir. Q. And neither you, nor Fred nderson, Emil Anderson, nor Robert A. Puett claim any right in the ditch or water except through • 25. Johnson, Cross. the corporation and as stockholders in it; isn't that right? A. I don't know hoer to answer that question. Q. The corporationowns it, doesn't it? A. Yes sir, that's what I stated. And you ae a stockholder in it, aren't you? Yes sir. . And you say the other men hold equally, or hold an equal interest with you, do you not? A. I have stated that once. And the interest in the ditch anc water you claire and the two Andersons claim and Puett claims, is because you own stock in the corporation; it not thut it? MR. BENSON: That i>- confusing to the witness, and calls for a conclusion on his part; he has stated that he and the other three men are equal owners in that corporation and that's enough of an answer to that cuestion. Do you claim any other interest in that ditch e. cept as a stockholder in the coaporation? A. 1 claim an interest to the; water. •c'• As a stockholder? A. Yes sir. Q. And not any other interest? A. I claim it because I filed_ on the water. If the corporation owns it, you personally, don't own. it, do you? A. Not alone. A. 1 If the corporation owns it, you and the fwar men don't, do you? We four rnen together own it. Q. You own the stock of the corporation, don't you? A. Yes sir. Q. The cor_-\or,ation then, holds an Interest in the ditch? A. I don't understand it. t. 26. Johnson, You and your associates own the stock in the corporation, don't your: Cross. A. Yes sir. Q So it is the interest you andyour associates have in the ditch, that is the stock of the corporation, is it not? Yes sir. And other than as owners of the stock, you an( your associates have no interest in the ditch; is not that true? A. Yes. Q. You knew when these men filed on that water, that the Collings bia Southern Irrigation Company hadan appropriation of the waters of the Tumalo Creek, didn't you? A. I did. Q. To be used largely in the irrigation of this desert land? A. Yes sir. Q. Did you know about how many acres of land, irrigable land, there was in the segregation? A. No ; but there was plenty of water in the raver and I intended to make a home on that land. and I thought that I might as well take the water as let it rro to waste. Q, You knew at that time that there were from 15 to 17 thousand acres of that land that the Columbia Southern Irrigation Com- pany desiredto irrigate from the water of Tumalo Creek under the filings made 'before you filed, did you not? A. I did not know how many acres they had. Q. You knew about how many, did you not? A. No sir. kz. How long have you been in this country? A. I camein 1904. Q. You knew that the Columbia Southern Irrigation Company was attempting at that time to irrigate as much irrigable land as was contained in the segregation, embracing 17000 acres, did you not? A. I did not know what they intendedto do. • 27. Johnson, Cross. Q. Did you not know that the segregation embraced about 27000 acres? 1 diad not. Q. Didn't you know anything about the number of acres embraced within that segregation? A. No sir, Q. You did not know whether there were more than a thousand, did you? A. I did not. Q. You knew that that land was being reclaimed under what is called the Carey Act, didyou not? A. Yes sir. Q. And you did not have any idea of the amount of lcAnd included in the segregation? A. No sir. C. And you did not ask anybody anything about it, did. you? A. No sir. You did not care, did you? A. No sir, I didn't. Wasn't it a very notorious fact in this community that this segregation comprised 27000 acres? A. 1 did not know how many acres it comprised. Q. You knew it was a very large acreage, did you not? A. No. Q. You knew nothing about it and cid not enquire about it, Cid you? A. No. Q. How much seepage water flows into this ditch of yours? A. Not any. Q. None at all? A. No. Q. Are there not several small rivulets flowing into your ditch or the Tumalo Irrigation Company's ditch, that are formed 28. Johnson, Cross. from seepage water? A. There are not. Now many irrigable acres of land have you in the SE* of the NE* of Section 12? A. About 38 acres. Q. Now many have you in the Lot 2, Section 7? A. About 30 or 33. Q. RE :DIRECT - - - - - MR. BENSON. Q. Speaking of the method of construction of the canal owned by the Tuznalo Irrigation Company, how was that work done, mostly by shovel or by scraper? A. L'io stly by shovel; hand work. Q Witness excused. D. D. WEISS, being cElled as a witness on behalf of the contestant, ane being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as follows DIRECT EXAMINATION - -- - LE. BENSON. . StL.te your age, occupation and residence, Weiss? A. Fifty-onc ; civil engineer; Bend, Oregon. irrigation Q. Are you familiar with th.e„works involved in tlis contest and Q. Q A. claimed by the Tumalo Irrigation C ompa n Yes, to a certain extent. When did you first become acquainted with that system? During March, 1905. What were the circumstances of your becoming aequainted with it at th4.t time? I made a preliminary survey and location. By whot were you employed to do that? I don't remember just who; Emil Anderson, T think was one of them; two or three parties engaged me at that time; I think it was before they organized as a company. Q. Who were the ones associated with. Emil Anderson? A. I don't remember. . What work did you do at that time? A. I made a preliminary survey; rough description located, so they could go ahead with their work. Q. Do you remember of the posting of a notice very close to the point of diversion of Tumalo Creek? A. Yes, I am pretty sure they posted a notice at that time, after I selected the location of the intake. C. I will show you a copy of a water filing introduced in evidence here and ask you if you can say whether or not the .t is the no- tice posted at that time? A. Yes sir. Q. I will ask you, if Kt the point, at the diversion described in that notice, is the point at which the head gate of the TumalO Jrrigation Company's canal is constructed? A. Without having my notes, 1 could not definitely say, but it is approximEtely the point; however, I made a definite location location of the hed gate since that, in which it was described. Q. As to the best of your recollection, then, is the location as expressed in that notice the correct one, or not? A. That is the course, general course, from the corner, but I would not remember whether it is in that section, township and range or not. Q. About what is the distance measured by the course of the canal from the head gate to the first of the tracts of land reached. by it, of the tracts which it was supposed to irrigate ? A. I don't remember exactly without my notes. About 3 or 4 miles. Q. Upon -,-hue grade was this canal constructed? A. From the intake to where it leaves the canyon it is 8 to 10 feet to the mile; 2 feet in 1000. 10.56 to the mile. 30. Weiss, D. Q Throughout its entire length from the head gate to the first point of land reached by it, what was about the average grade? A. Well, after the canal less ves the canyon it has a fall of country except we diverted from one natural channel. We used the same grade as the canyon. This is Q. It has been stated in efidence that at tract of land reached, where the grade all five years memory. a point near the first has an average, from the head gate to that point, that the stream used for irrigating purposes is flowing in a channel 4 feet at the bottom and 6 feet at the top and the stain is 13 or 14 inches deep. With It the average grade you have mentioned, about what would be the capacity in miner's inches or second feet of that stream:? A. I wouldsay that I have seen this work since constructed and the work is in goodcondition; shows it has been built by hand work, pick anc shovel work, and consequently the banks are in good condition. Now, by Cutter's formula, the co -effi- cient of .35, which gives a lower amount than I think the con- ditions of the work should actually be taken, and represented by 1 foot, 4 feet o the bottom and 6 feet on top, v ould give a capacity taking the and taking of 6 cu. ft. per second, or 240 miner's inches; by depth as 1.25, bottom 4 feet wide,top 6 feet, in as decimal .03 there is a friction; the capacity would be 11.2 per second or 448 miners inches. Taking the same decimal and conditions as .35, the capacity is 9.4 cu. ft. or 76 miner's inches. That is all taken on 10.56 decimal. What has been your irrigating doing work ? A. I have had. 21 years experience. . As compared with the average, or building of bFnks and irrigation been acquainted, what would you construction of banks and flumes experience, 3'r. Q 31. Weiss, D. Weass, as a civil engineer same character of work in the systems with which you have say as to the character and and other works upon the Tumalo Irrigation C omn any' s canal? A. Their work is well constructed. CROSS EX . - - - _ MR. EUIR . Q. How far is the water, diverted at this head gate, run through canyons? A. I think in the neighborhood of 2 miles. Q. What is the length of the total main ditch, including the cans yons? A. Between 7 and 8 miles; -I could give you these things definitely if I had my book here. Q. It runs through canyons about 2 miles in length, you say? A. Yes, I think so. Q. RE -DIRECT - - - - - MR. BENSON. Q . For this distance where you state that the canal goes through canyons, are there embankments constructed, or is the water allowed to take its course without any, or little, confinement? A. Tho tole canyon work was construction work. Q. So that the work through the distance running in canyons of about two miles, would involve substantially the same amount of work that was expended on the line other than in the canyons, woul& it not? A. A whole lot more than that. Witness dismissed. W. Allen, being called as a witness on behalf of the contest- ants, and being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as follows: DIRECT £LAflL.I :3LT IOM-- - - 12. BENS OI' . Q. State your age, residence and occupation? A. Forty-two; Laidlaw, Orenon; farmtng. Q, Are you familiar with the tracts of land irrigated from the Tum lo Irrigation Company's canal, claimed by Emil and Fred Anderson, Hans Johnson and Robert A. Puett? 32. Weiss, Cross. Q.W .Allen, Direct. • Q. Z am familiar with the Andersons' land. When did you last see those lands? A. Last summer, or fall. Q. What was the object of your visit there at that time? A. I crossed through there, was all. Q. Did you ever do any work upon any of the tracts of land repre- sented. in this contest? A. I worked on the Andersons' land, falling; trees. Q. Hoer long Were you engaged there? A. Three or four days, I think. Q. At the time you were last upon the Anderson tracts, d_id you take any particular notice as to the amount of land under irrigation upon them? In a general way, I did. What could you say as to the acreage of land irrigated at that time? I guess 100 acres; perhaps 125, on the Anderson land. Was this amount in crops, or not? That much had been cultivated, I think. there And was„any crop that year, or not? Yes. As to the tracts claimed by Puett and Johnson, what can you say about them? A. I don't know their land. A. Q. A. Q• A. 47, • A. Q• Witness excused. P. R. REISBOBflR :being called as a witness on behalf of the contestant, and being first duly sworn by s`:id superin- tendent to tell the truth the whole truth and nothing but the truth, testified as follows: DIRECT EX - e -- MR. BENSON. State your age, occupation and residence? A. Forty-three; farming; Bend, Oregon. 33. Reisdorfer, D. Do you know the pieces of land claimed by Fred and. Ernil Ander- son, as desert claims, and Yobert A. Puett's land as homestead, and a tract of land scripped by Hans Johnson, involved in this contest? A. Yes sir. N Did you ever do any work upon any of these tracts of land? A. Yes sir. Q. When, and which tracts? A. 1 worked last year on Emil and Fred Anderson's desert lands, in haying. Q. As nearly as you can state, how many acres of land were in cultivation last year? A. I can't tell exactly; there must have been away over 100 acres; 125 acres, maybe; there was quite a field. Q. Do you know where they got water for this land? A. Yes; out of the ditch. C. The ditch involved in this contest? A. Yes sir. Q. Do you know anything about the crops raised on these other two pieces of land, Johnson's and Puett's? A. Yes, 1 know Johnson's; I walked over that and he had quite a crop there. Last spring I walked over it and there must have been 50 acres. ,/ `.ere was he getting water to irrigate? A. Out of th.t ditch of theirs. Q. Do you know anything about the crops raised on the Puett tract? A. I do not. All I saw there was some hay and rye ; two years ago. Q. Lo you know anything about the crops raised on the Andersons' desert claims, other than the ones you saw last year? A. Yes; the" had a crop there every year since the ditch was in, four or five years, I guess it has been. Were those crops irrigated from this Tumalo Irrigation Company's ditch? 34. Reisderfe ; Q A. Yes, always irri ;:ted from their own ditch. r STIPULATIO N. 11 is hereby stipulated, by and between the parties hereto, that on the 28th dv y of November, 1909, 1924.25 acres of land was the total acreage irrigated by the contestee, the Columbia Southern Irrigation Company, within the segregation. FRANK TUI?, being called as a withess on behalf of the con- testants and being first duly sworn by said super- intendent to tell the truth, th9 whole truth and noth- ing but tho truth, testified as follows: DIRECT EXAMINATION - - - lye:. BENSON. Q. State your age, occupation and residence? A. Sixty years; farming; (supposed to bel ;Laidlaw, Oregon. Q. How 1on; have you lived in the vicinity of Laidlaw, prior to the present time? A. I came here in the spring of 1905. Q. Have you lived here continually since? A. Yes sir. Q. State whether or not you have been in a situation to observe what construction work the Columbia Southern Irrigation Company has done upon its works from the head gate on down`- OBJECTED TO AS IMMATERIAL ANL IfRETIFVANT. OVERRULED. In 1905, I was out atouna on the segregation more or less and in 1906 I saw them working on the ditch until about the middle ---then they hauled their tools here to Laidlaw and quit work. That's all I know. . Since that time what work has been done by the company in the way of extending the ditch? 35, Frank Murk, D. A. It has been cleaned out every spring, and fall once; and the ditch has been enlarged, and there was a little lateral made up here, too, that I know of. Q. Were your chances of observation during the years since 1906 such that you would have seen or known of any addition- al construction being done, or not? A. I have not seen any, but some might have been done; I have not been all over the segregation since then. Do you know of the company's being in the hands of a receiver during the years you have been here? A. Yes sir. Q. How long did that receivership last? A. Two years, as near as 1 can remember. C4. Do you know of any work done in the way of enlarging the system other tLan cleaning the ditch out, during those years? A. No, I do not know of any thing other than that. r,. Witness excused. A. J. HARTER Called on behalf of the contestant and being first duly sworn to tell the truth the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION YR. BENSON. Q. State your age, occupation and. residence? A. 34 years; Laidlaw; farming. Q. How long have you lived in this vicinity? A. Since the spring of 1905. a. During that time up th the present, state whether or not you have been familiar with the work done by the Columbia Southern Irrigation Company' i upon its system? A. Yes sir. Q. State to the best of your knowledge wh:t has been done during those years, including 1905? 36. A. J. Hcrter, D. A. I never worked with the outfit, but I have been here in the country and I have visited their camps where they were at work. When I first care here, they were in town ; they done a little ditch work for the townsite and they came out, part of them, and built a lateral to my place; they camped later close to Chance Becker's place, close to the river; then later in the summer they worked over on the river and camped near :r. Peterson's place, south and west from here. Q. So far as your observation went in 1905, state fiow much of the main canal was finished, pr partly so, that yerr? I could not state how much they done. On the average, state how large a force they had that year. They had a good big crew, I know, but I could not state how many. What can you say as to 1906? They done construct ion work here in 1906, up until sometime in June. What happened after June? They pulledoff the crew sometime in June. A. Q• A. Q. A. r A. Q. A. I could not, and be sure of it, but they had a gooasized crew State about the average number of ren working at that time? I would have to make a guess on the number of men. Was there any work done on the main canal during the rest of that year? A. Ho new work. Q. What about the years subsequent to that, comencing with 1907, to the resent time? A. There has been no new work done unless it is a few short laterals made by the superintendent. Q. Luring that years was the affairs in the hands of a receiver? A. I think a receiver was aposnted in the spring of 1907. Q. How long did he act? About two years, I think. 37, . J. Harter, D. • Q/ Are you sure of those dates? A. No, I am not. Q. Do you know whether any work was done other than maintaining the system, during the time the receiver acted? A. No. Q. Has there been any other work done upon the system other than maintaining it since his discharge as receiver, ut to the pre- sent? re- sent? A. Not as 1 know of. Witness excused. F. E DAYTON, being called as a witness on behalf of the con- testant and b ing first duly *worn to tell the truth the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION - - - MR. BLTSON . Q. State your age, occupation and. residence? A. Forty --seven; I am a rancher; Laidlaw is my postoffice . How long have you lived in the vicinity of Laidlaw? A. I came here i7ovember, 1904; six years, I guess. Q. And during that time u►o to the present time, do you know what work the Columbia Southern Irrigation Com any, the party contestee in tris case, has done in the way of construction of main Citches of otherwise enlarging its system? In a general way, I do. Commence with the year 1905, and state -that was done by the com- pany in the way of enlarging and extending its system? A. I cam state about what force they were in that year, but just what ditches they built, I can not state, exactly. A. Q. 'tate what force they had? A. Twenty-five man, in 1905. Q. Hoy' many teams? 38. Av-J. F. E. Dayton, D. s f 4 A. They had an average of 12 teams. Q. What do you know of the work done in 1906? A. They had a much smeller force th,:.t year and quit early in the season. The last bill of goods I sold them was on the 22nd of June, and I think that's about when they quit. Q. Whr t do youknow about any work they hide done since then? A. The work done since then, June 1906, has been in keeping the system in repair, with the exception of two or three small lat- erals. Witness excused. FRED .ANDERSO?J, being calledas a witness, and being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified on behalf of the contestant as follows: DIRECT EXAMINAT IOT . - - - - e e - _ e e _ MR. BENSON. State your age, occupation and residence? A. 29 years; rancher; Bend, Oregon. I will show you a copy of notice of water filing which has been introduced in evidence here, and ask you if you are the Fred laiderson whose name i din that filing? A. Yes sir. Q. Do you know the place where that notice was posted? A. Yes sir. Q. Do you remember when and by whom the notice was posted? A. It was posted by Emil Anderson, in June 1905. Q. StE.te how near the present location of the Tunalo Irrigation Company't canal that notice was posted? A. 8 or 10 feet from it. Who were the other parties who signed that notice of water appropriation, besides you? A. Emil Anderson, Fred Anderson an Robert A. Puett. C. Q. Were you one of the incorporatdrs of tlL.e Tumalo Irrigation 39. Fred Anderson, D. Company, that appears as contestant in this case? Yes sir. State what the object of the incorporators of that company were, what your intentions were? OBJECTED TO. The articles of incorporation will show { that. SUSTAINED. At the time you and your associates made this water filing, just shown, what were your intentions with regard to doing anything with it? A. ,; wanted one to file and we got one co fly and the other was supposed to be filed. We had. Mr. Weiss survey and then a certain law came into effect at that time and we did not use Er. Weiss' survey at all; had another made in 1908. Q. Commence at the time you rooted this notice there near where the head gate of the ditch 18 now, in June 1905, and tell us what youdid in the way of work there at that time? A. We worked on the flume at the intake of the ditch at the same time. Q. How big a head gate was put in rt that time, there? 1. Four feet wide, I judge; about five feet high, 5 or 6; I think about 5, though. How does that he{d gate put in at that time, compare with the one there now, bigger or smaller? . About the same. Q. How many of you worked there at that time, and who? A. Four of us; Hans Johnson, Emil Anderson, Robert A. Puett and Fred Lnderson. C. Those are the same parties who appear as incorporators of the Tumalo Irrigation Company, are they? A. Yes sir. How long did you four men work there that year? 10. Fred Anderson, A. From May 20th to September 9th. Q. Have any teams there? A. Yes sir, two teams. Q. During that time did you work every working day? A. All of us did not work all the time. Q. Did some of you work there all the time during that tinge? A. Yes sir. Q. That is, some of you worked on this ditch and head gate from the 20th of May till the 9th of September, every day? A. Yes, every working day. Q. What Gid you three men who made this filing on Tumalo Creek Tith the help of the other who worked on the ditch in 1905, do with your interest in the ditch; do you still have it? OBJECTEL TO as intending to show the ownership of the ditch; the question was asked some oti er party and. the Court rulid as to its not being competent. A. Yes sir. Q. Then who are the present owners of this water filing and the ditches and works used which are involved in this case? A. It is owned by the corporation, Emil Anderson, Fred Anderson, Robert A. Puett and Hans Johnson. Q. Who are the stockholders in that corporation? A. Hans Johnson, Fred And%erson, Emil Anderson ancii Robert A. Puett. At any time since this incorporation was formed, has any other person than those mentioned, been stockholders in it? A. No sir. Q. Do all those persons just mentioned, oven all the stock that there is in the corporation? A. Yes sir. C. .„Ir. Anderson, what is the nativity, or place of birth, of you and your b _ d associates? OBJECTED TO AS IMMATERIAL. 41. Fred Anderson, D. • A. Born in Sweden; Hans Johnson was born in Norway. How long have youbeen in America, each of you? A. Tie came here in 1900; 7Mil Inderson came I think, in 1893; not sure about when Johnson came. Q. Are you sure he is a native of Norway? A. I have not known him from Norway, but that's my belief; he has been here twenty years, 1 think. Q. When was the first year water was gotten on to all these four tracts of lc:nd, represented here by you and the other three? A. In 1906. Q. Since thct year has water been used on all these four nieces of land for irrigation and any other puspo se , or not? A. It has. In 19M0, Mr. Puett Mei not use it; in 1906, I did not use it for irrigation. CONTESTANTS now offer in evidence the original receiver's receir)t issued. to Fred Anderson for the wl of the 1'. -- and the Nwl of the SE -1 and the NES: of the SWC. of Section 12, Tp. 17 South, Range 11 E. W. M. and ask that the same be received in evidence and marked Contestants' Exhibit "J", to be copied into the record and returned to Fred Anderson, Bend, Oregon. RECEIVED in evidence and marked Contestants' Ex. "J". 42. Fred Anderson, D. Contestants' Exhibit "J". • Receiver's Final Receipt) 4-143 ( Declaration, No. 131 - - _ _ .. - - - ) { No. 424 _ .. _ Desert Land Act of March 3, 1977 and Act of March 3, 1891. Land Office at The Dalles, Oregon, Larch 3, 1908. Received from Fred. Anderson, of Bend, of Crook County, State of Oregon, the sum of 160 dollars and No cents, being final payment of one dollar per acre for the 82 of the NE*, the Nf_ of the SE:: and the NE3 of the SVS of Section 12, T. 17 South, Range 11 E., W. M., containing 160 acres, at one dollar andtwen- ty five cents per acre, the sum of twenty-five cents per acre having been heretofore paid, as per Original Receipt ;.o. 424. Louis H. Arneson, $160.94 Receiver. • (Endorsed on back) Receiver's Final Receipt. Desert Land Act Earch 3, 1877 and Act of March 3, 1891. U. S. Land Office at 43. Contestant's Ex. "3". • When did you file on the desert claim represented by that receiver's receipt? A. January, 1904. Q. Did you make any surveys at that time for the purpose of seeing whether you could get water on this piece of land, or not? A. Yes sir. Q. What year was that, and what month? A. In 1904, in January. When was the first year you used water on.. your land, for either domestic or irrigation purposes? A. It was running down in the pay ture in 1906, but 1 irrigated in 1907. Q. How much in 1907, on your land, did you irrigate? A. 21 or 22 acres. Q. Raise any crops that year? A. Yes sir. . What was the crop? A. Wheat, potatoes, and some oats. Q. A. Q. A. Q. A. Q. from the ditch whack you have built? All can be; about 150 acres are irrigable, but all could be irrigated. Q. You could raise crops on 150 acres if the ditch was higher? A. Yes sir. Q. About ho : wide and deep is the ditch now? Whet was the entire amount o- land which you irrigated in. 1908? About 60 acres. And in 1909? About 65 acres. And in 1910, any more? No, 65 is all. How mEny acres of your entire desert claim can be irrigated A. Four feet on the bottom and 6 feet on top. 44. Fred. Anderson, D. . And how deep, from thr to of the bank, doen? A. 18 &r 20 inches. Are those me�._surements given, just about a fair average, or more or less? A. Just about an average. Q . At the point nearest the land that is about on an average grade, about how big a stream of water runs to irrigate the land there ,which you irrigate at the present time? A. About 4 feet on the bottom and 5-1- feet on top and 13 inches deep. Q. How long has the canal from the south side of the lt_ nd up to the head gate been practically the same size as it is now? Since 1908. c,. All told, how many acres are being irrigated from that canal now? A. About 200 acres. Does any of this _flow of water ich you have given the dimen- sions of, run off, or do you use all of it for your crops? A. Wo use about all. How much runs off, would you say, one fourth, or one third? A. Probably one sixteenth of it runs off. Q. What is the amount of land that you. estimate is irrigable on this entire tract owned by you t-:nd your associates? A. 440 acres. Q. Is there any time during the year since you have been tak/ing water out through that head gate, that at the same time you were doing so, there was not some water left running passed in Turnalo Creek? A. There was some running passed, yes. Taking the water which you were running through your head gate together with what was running passed in the creek, would you say there would be enough to ir'ig.te all this 440 acres? 45. Fred Anderson, D. A. Not at low water; at high water it would. Q. About how many weeks in the irrigating season does this happen, that there is would not be enough with chat is going by with what is .in your flume, to irigate your land, of 440 acres. A. In August anC September. That would you say was the cost of that canal with its main laterals, to you and your associates? A. Somewhere from 2500 to 3000 dollars. Witness excused. Contestants' case in chief. MR. MUIR: Contestee, Columbia lout f ern Irrigation Company now offer in evidence exhibitsmarked Contestees' exhibits 1 to 20 inclusive, being the exhibits as numbered and filed in the case of 'dimer et al vs the Columbia Southern Irrigation Company. And ask that they be considered as exhibits in this case. Received. We also offer in evidence the contract .jade between the Oregon, Tashington 4 Idaho Finance Co., and the Desert Land Board of the State of Oregon, dated December 30, 1909, and ask that the same be received in evidence and a substituted copy of the original be filed herein and marked Exhibit 21. STIPULATION. It is stipulated that a printed copy of the last exhibit offered, shall be marked Exhibit 21, and stand in the place of the original. It is further stipulated and agreed between the parties hereto, acting by and through their respective attorneys, that the exhibits heretofore mentioned and marked contestees Ex. 1 to 20 inclusive, introduced in testimony by the contestee herein in the case of-Y'imer et al contestant, vs the Columbia Southern Irrigation Company, contestee, shall be copied by Contestee' s Ex. 1 to 21. 1 the reporter and the copies so made by her shall be considered the evidence in this case and shall be numbered respectively in this case, 1 to 20, inclusive, each being the same number as the number of the exhibit of the Timer et al vs Columbia Southern Irrigation Company, and shall have the same force and effect as though tkK originals or duly certified copies thereof. MR. C. P. BECKER, being called as a witness on behalf of the Contestee, and being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION: MR. MARTIN. Where do you live? A. Laidlaw, Oregon. Q. What is your occupation? A. Rancher. Q. Sow long have you lived here? A. Since the sprring of 1903. Q. Did you e'fer work for the Columbia Southern Irrigation Company? A. Yes sir. ti . When? A. Spring of 1903 and all summer and fall, practically. Q. What were you doing? A. Working on their ditch. a. On what is known as the Colum i a Southern Irrigation Company's ditch, in Crook County, Oregon, under the Carey .Act segregation? A. Yes sir. What part (j_d_ you work on? A. On the part near the intake. A good deal had been performed before that, had there not? A. Yes sir. 47. C. P. Bee Ler, D. A. Yes sir. Do you know what the size of the head gate was at that time? A. Not of the head gate. Q. Do you know the size of the ditch, at that time? A. About, yes, Q. State the size? A. 30 feet on the bottom and 35 on top,3 feet deep. Q. Was the ditch being enlarged at that time, or not? A. It was being completed at that point below the head gate. (7... For what distance was that? A. Three-fourths of a mile. Was the head gate constructed at that time? A. Yes sir. Q. Do you know how the wash of the head gate at that time compared with the width of the ditch, at that point? A. I don't know just the size of the head gate. It was taking up the full size of the ditch, or practically so. Q. How long did you remain with the company, working for them? A. Until the last of October of that year. Q. Witness excused. N FRED WALLACE, being called as a witness on behalf of the contestee and being first duly sworn by said superin- tendent to tell the truth, the whole truth and nothing but the truth, testified as follows: Q. How long have you been employed by the Columbia Southern Irrigation Company? A. Since August, 1906. I worked for them in 1905, ,. How long have you been in Laidlaw? A. I came here in 1904. Q. If you are familiar with the Columbia Southern Irrigation Company's head gate and ditches, when did you first become acquainted withthem, in the vicinity of Laidlaw? 48. Wallace, D. A. In 1905, August. Q. Did you do any work for the company that year? A. Yes !`Ir, at the head gate. Q. Was the head gate constructed in 1905, when you first went there? A. Yes, it was constructed at that time. Q. Could you tell from its appe rance whether it was newly con- structed, or whether it had been there a number of years? A. Judging from its appearance, it had been there a number of years. Q. How does the size of the present head gate compare with the one you saw there in August, 1905? A. It is exactly the same now as it was then. Q. What are its dimensions now? A. About 25-x- feet wide, 4i feet high. Q. It stands perpendicular on the side, straight, does it? A. Yes sir. Q. What is the size e the ditch, if you know, immediately con- nected with the head gate? A. 32 feet on the bottom and 40 feet on top. ''. For how great a distance is it that size? A. 300 yards. Q. And then how? A. For the next mile and a quarter, it is about 28 feet on the bottom and abbut 32 feet on the top at the water line, and about 32 feet deep. Q. How deep is it for the first 300 yards? A. About 4fr feet. Q. Is the ditch the same size noir as in 1905, when you first saw it? A. Yes, exactly the same. Q. You are familiar with t) e flow of Tumalo Greek, .r0 you? A. Yes sir. 49. Wallace, D. Q. Is that head gate andditch sufficient in size to carry all the waters of Tumalo Creek during the month of July, August, and September? A. It is large enough to hold the flow of the stream from the first of July on to the next April, to accomodate all the water. Q. If, during the months of July, August and September, all the water flowing in Tumalo Creek were diverted in te ditch, would it fill the ditch to its capacity? A. It does not. Q. How many miles of main ditch has the Columbia Southern Irriga- tion Company constructed? A. About 40 miles of main ditch. Q. And about how many miles of laterals? A. 85 miles of main and sub -laterals. Q. How many acres of land are contained in the area segregated under the terms of the Carey Act which -:.xere intended to be reclaimed in this segregation? A. 27,000 acres, selected under the segregation. Q. And ho -i many acres of that are irrigable? A. A little over 19,000 acres. Q. If there is any additional land not embraced within the boundaries of the segregation susceptible of being irrigated through this system, please state the number of acres? A. About 11,000 acres under the segregation are within the boun- daries of the segregation susceptible to irrigation, in addition to the land already selected. Q. So that within the segregation, including selected land and lands not selected, there is about 30,000 acres susceptible of irrigation? A. Yes sir. Q. Are there any lands outside the segreg tion which can be placed under the system of the Columbia Southern Irrigation company? 50. Wallace, D. A. No, I think the 11,000 acres wouldcover the area that could be reached. What is the number of acres of land outside of the selected lands and within the boundaries of the segregation were under irrigation under it prior to January, 1910? A. About 400 acres. What is the grade of the ditch at the point of intake? A. For the first mile and a half the grade is abonnt 5 feet to the mile and the neat 8 miles, it drops 1300 feet. CROSS EXAMINATION- - -.R . BENSON. . In regard to those lands which you spoke of as being within the limits of the segregation upon which the company is furnish- ing water in extent of 400 acres: When did the Company com- mence to furnish water to these lands? A. In 1905, was the first I knew of them getting water. Q. And as you understand, water is furnished to the lands included in these 400 acres outside of the company's contract with the State, under the Carey Act? A. Yes sir. Do you know what part of this 400 acres was supplied with vat er by the company for the first time since 1905, or in 1905? A. No, I have no definite knowledge of the number of acres supplied during 1905. Q. From your knowledge of the acreage of 1 n that had been fur- nished -;1th water for the first time, outside the segregation, since 1905, what would the acreage be, since 1905? A. About 160 acres of that land has been put in cultivation since and during 1906. Q. The statement is made in the claim of the Columbia Southern Irrigation Company, filed in this adjudication, that on 28th of November 1909, water had been led on to 19241 acres of land: Do you know was taken on to any additional land within the 51. Wallace, Cross. Q • • company's segregation between that date and January 30, 1910? A. No, there was none. Witness dismissed. G. W. UPDIKEJ called as a witness on behalf of the contestee and being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as followsl- DIRECT EXA.JINATION - - -- MR. MARTIN. Q. State your age, occuration and residence? A. 65 years; Sisters, is ry postoffice, I live 15 miles from there; farming is my occupation. Q. If you were ever employed by the Company, Columbia Southern Irrigation Company, state when and where? A. In the years 1906, 7, and 8, I was sent to the head of the ditch to the head gate. Q. Were you in charge of the head, gate during those years? A. Yes sir. Q. Do you know the size of the headgate in 1906? A. I think it was 26 feet and 7 inches on the outside, that it, the box, and 6 feet high, or something like that. Do you know the size prior to 1906? No. Was the head gate a new, or old one, at that time? A. In March when I first went there, it was an old gate, that is the drop, but we put in a new gate in Lpril. Q. In March it showed considerable age, didn't it? A. Yes sir. Q. You watchedthe flow of Tumalo Creek during those years, . did you not? A. Yes, ::ir. During July, August and September, state whether or not the head gate and ditch were sufficient to carry all the water in Tumalo Creek? Q• A. ,. 52. Updike, D. s A. Yes, except in rains, when floor water would come down. Q. Would instances of that kind occur often? A. No; not more than once or twice a year. . Q. How long woult it last? A. From 6 to 10 hours. Q. State whether or not during July,August, a.ncSeptember, and October, there was sufficient water running in Tv halo Creek to e .ceed the capacity of the ditch? A. No. Q. Was there enough)5 to fill it? A. Not the upper cart of the ditch, the mile and a half I had to watch. Q. Did you, when there at the head gate, divert, from Tumalo Creek during those months, into this ditch all the wn ter flowing in Tumalo Creek? A. I did in 1906 and 1907, all I could.. possibly put into it. Q. How much escaped? A. Just a shell amount; I am not sure how much. Q. men you were diverting into the ditch all you coulr possibly divert, was the cpacity of the ditch reached? A. No sir. Approximately, what was the amount that escaped you? A. I could not hardly say; 40 inches of water. Q. Dick youtrt to get that? A. Yes; used our best endeavor to pset that. Q. What effort, if any, did you make during those times to increase the flow, passed the head gate? A. None, except to fill in those splice boards; and we had a spill- way. But the company had men to put in dams and such like. What made it advisable to put in these dams? A. There were channels, causedby high waters, that went across the bottom and came into the creek below the heed gate, and those dams were put in to shut the water back into the main 53. Updike, I. channel above the head gate. Q. Now in 1908, did all the water go into the head gate? A. Yes sir. C. What instruction did you receive during that time from ths an( any one, concerning the water ,from, whom? A. In 1908, Lir. Simmons, the receiver, came up there and told me to waste some water. I am not positive whether it was July or August. Why did he want you to do this? A. He stated that there were parties below, using water for domes- tic purposes, and that the water was almost filthy, or quite, as I remember it. Q. Was this water wasted from the spillway? A. Yes, from the spillway. Q. Was there any seepage in the bed of Tumalo Creek below the head of the Company's ditch? A. Yes, for a quarter of a mile there was quite a good deal of seepage ; some springs it breaks out and runs back into the channel. Q. From what source it it supposed that this seepage comes? A. From the ditch. Q. From any other ditch besides the Columbia Southern? A. Yes, frog= the Wimer ditch. �,. Is that true in what you might call the season of extreme low water? A. Yes sir. Q. So that when the creek might be dry immediately below the head gate of the Columbia Southern Irrigation Company's ditch, it would carry sone quantity of water a few hundred rods below? A. Yes, about a quarter of a mile. gross Examination- -- - - - ER. BENSON. Q. What years did you state you were acting as ditch tender for the Columbia Southern Irrigation Company? 54. Updike, Cross. r A. In 1906, 7, and 8. Q . During those years, was there any increase in the capacity of the main canal, over what you foundit to be when you went there in 1906? A. Nothing except cleaning out the canal. Over what extent from the head gate north, did you control the ditch? Something over a mile, mile and a half, maybe, tht I cora troi or- tro1 d it daily. Q. And throughout what tart of that extent of ditch did you say that the capacity of the ditch was large enough to take in the full flow of the Tumalo Creek during the months of July, August and September? A. All of that part. Q. But you don't know that the capacity of the ditch was from that point on down? A. No sir. Would you say that was the condition every year you were up there, as to July? A. No, I thick not Q. Was it the condition two out of three years while you were there? A. Yes sir. Q. What about the month of August? A. It would take it all. Q. What about September? A. All except flood water caused by rains. • REDIRECT.. = -- - MR. . TMIUIR . Do you know how much water measured in miner's inches would ordinarily flow in Tumalo Creek, passed the he€1d gate? A. I do not. y, In July August an( September? A. leo sir. 55. Updike, Cross, and Re -Direct. Witness dismissed. Q MR. WALLJdCE, recalled - Owe — Do you know how mcny miner's inches of water would flow passed the head gate, or at the head gate of the Columl>ia Southern Irrigation Company's ditch in Tumalo Creek in its ordinary stage during the months of July, August and September? A. During those months it would vary. I know what the measurements or& nary of the stream have been during the stage of those months. Q. Give it? First of July, 110 second feet or 4400 miner's inches; in August the flow would be about 90 second feet, or 3600 minerSs inches; September about the same as August. CROSS E AMI +FIAT I ON -- Q . These results in figures are from your own measurement, are they? A. 1 assistedthe hydraulic field engineer several times. Q. Were your duties in assisting him such that you would know and be a 1e to judge of the method he employed, or did you take his statement for most of the data? A. I have studiedstream measuring, some; I think I could measure streams. Q. And you are satisfied with those results obtained at that time? A. Yes sir. Dismissed. W. N. Ray, being called as a witness on behalf of the contestee and being first duly sworn to tell the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION- - - - MR. TA RT IN . C. State your age, and occupation. A. 30 years; rancher. Q. How long have you lived in this vicinity? A. Since 1905. Q. Did you ever work for the Colurni.ia Southern Irrigation Company? Wallace re -called 56. W. N. Ray, D. • A. Yes sir. Q. when and in what way? A. I started in to work for the company on the 17th day of May, putting in head gates and flumes. Q. In 1905? A. Yes, in 1905. Q. Were you working on the head gate at that time? A. I was working on the head gate here in the desert at that time, but in the fall I worked on the head gate. Q. When you went there in the fall, what was the appearance of the head gate, as to being old, or out of good condition ? A. I think it was about the middle of August that I want and the old head gate looked as though it had been there for a long time, and when we tore it out to rebuild it, (this was in 1906) , the timbers were hewn logs and when we took out the posts and timber, they were rotted at the bottom where they had been in the water. Was the new head gate which you put in of the same size as the old one? A. Yes sir. Contestee Rests. Witness excused. IN REBUTTAL, EMIL ANDERSON was re --called, and testified as follows DIRECT EXAMINATION- - - I1"�."R . BENSON. Mr. Anderson, since you commenced taking water out through the Tumalo Irrigation Company's head works on Tumalo Creek in 1905, and beginning with that year, during what months of the summer or early fall was there a shortage of water in the creek, so you did not have enough for your use? 57.Emil Anderson, in rebuttal. A. In 1905, all summer and fall, there was plenty of water; in 1906 I don't remember, and from that time we had a full head of water until the 28th of July or first of August. Then how long would that shottage last? It was not alike every year. State what it was during the different years, as you remember? A. There would not be a full amount of water .before October, that is, except when there was a heavy rain. Q. And do you say that since 1905, that it was just about between those dates mentioned, 28th of July and 28th of October, of each year there would be more or less shortage? A. Yes sir. Q. Now, take the months of July of these several years you have been taking out water: Comparing the amount you took out through your head gate with the amount which was going by, on down the stream, what amount were you taking out? A. I generally aimed to leave about half the amount. Why did you not take all, if you wanted it? A. Because, there were people living below, who needed water. Q. About when would the irrigating season commence? A. About the middle of May or first of June. We irrigated the clover field about the first of May. Q. What woul& you say as to the months of LAT and June showing the largest amount of water in Tumalo Creek, are they the best months? A. June has generally been the best, and the first of July we had plenty of water; but the big flow was in June. Andfrom the first of July it steadily decreases? A. It gets less by the 15th of July and from then till about last of July, it would take in the most of it. We have not taken a third of it up to the 15th of July. A. 58, Emil Anderson, I. CROSS EXAMINATION - - - Q. In 1905, you used the water for domestic purposes only, you say? A. Yes sir. Y?. Do you know how much water percolates, or flows, in Tumalo Creek below the head gate of the Columbia Southern Irrigation Company? A. No sir. 59. Emil .nderson, Cross. Contestants Rest. Witness excused. State of Oregon,) S5. County of Baker.) 1, , id. Saxton, 2 uperintenaent o �at erDivision �� o . 2 of the State of Creon, hereby certify that the foregoing testimony, con- sistin..; of 59 pages, was taken before me -.t t} e times and places therein mentioned; that each of the witnesses whose testimony appear_ therein was sworn, before testifying, to tell the truth, the whole truth and nothing but the truth; that all of said testimony, together • with the stipulations and proceedings therein set forth was taken in my presence and reduced to shortrmid by Miss Caude King, who was duly sworn, before the beginning of the , taking of said testimony, to report the same faithfully and honestly; that said. record con- stitutes the whole of the evidence offered, the stipulations made and proceedings had in and {,ursuant to the contest of The Tunalo Irrigation Cornpsny, et al, vs Colmnbia Southern Irrigating Company, et al, IN WITNESS FE ECP, I have hereunto set my Sand this 6th day of ., Sept., 1910. r Superintendent of Tater Division 7o. 2 of ;tate of Oregon. • 16, • 0 .esaci . !d t 1Lie F'4 • 1 0 T ,, • -1 _ F 1 L Sail An.0 prison$ "w red Ardaron and Rob aeth 4, t Jr r b ein -0 { purpose of diverting, app :;'op riatin ; and using water for beneficial purposes it i rrigatin Par i4;4" 1.r_ds, e lby give notice of appropriation and intenol d d I ersion of watag the umido riv r in crook County Ore5on o the extent two thousand miner's ifchcec under six inch head c, fifty cibicfpet p eeco‘ d of time. The name of tha canal,ditch oto flame is Tumaio ,J01,91 and its owners mil Anderson, Sneed Ander on and locert LPuett. This notice is post :3d at the intended point of dive:ridon nar.4ely on a post or as aka tot thl Sal 1/4 of SZ 171 about 40 cods North and west :cam the corner pos c in 8%34.1.36 'i . i'r :.. 1 E. Thu waxer is intended to be diverted by a canal four f wide and 13 inchos deep down the river iri a general north ea direction to the norths ekst corner of section 12 in T.17 11. 11 E. ¢1, • su'b cs cti ary laterals. Posted June 19,1905. Tni1. Anderson. State of Oregon, 85. County of Qrook.1, ail .Anderson, being first duly sworn depose end !red AndcIrson, Robert A. Pu et t . say that the above and foregoing is a true and correct copy Fotia • of water filing posted by se on June l 9th,1905 at subst nn- tiall y the following pa int, tarwit,at a point on the uaalo 17E414 as bout 4 0 rods North and west :emu the i o ya e s t "eti/; on c o ri f`• Se :tion 33, Tp.17 S.1.II ;.W.M. ; that said Notion has been at said point of posting ev l zinc* said date of posting and is 2tiil in place and tJ asily oreLieribtd and swarm to b. fors it 0• got ryr Gai of Chas. ,enson. °tar,/ public for Oregon. 41;i11 A» c ersor' . w y '..' AAciI,1 9O3. � 5 Cas. S. fl Sf2of, • • Na • • ATER NOTICE OF APPROPRIATION OF Notice is Hereby Given That...-, ................. .... . . ... of State of P. 0., County of avk-LAAA0-k)o4 03b-stitk ( Name of appropriator ) , hereby appropriates cubic feet per second of time of the water of to be diverted from the bearsi\ ( Gi ( Right or lef 3-&_&.e\n/Ne 0J -AD ( Name of creek or river ) ooking down stream ) bank of said stream at a point which 4-rkl) Afrom th e D0 --)3L---7: course and distance from nearest corner ) ( Description of initial poirjt corner of Section %Township. Range_.-- _.. _.__ __ : M., by means of a (No. North or South) (No. East or West ) ( Canal, pipe, pump, wheel, etc. ) ( General course of ditch which ditch or canal extends in a direction from said point of diversion, and will be constructed feet wide at the bottom,- feet wide at the water surface, and to carry` • feet depth of water, with a grade of ._ ;n-=,.ftjJjt-tak- The name of the said proposed ditch or canal isCLxv\-,0-S? the owner thereof being _ of the County of. j,„ y State of and the waters hereby appropriated are to be used for. S ( Domestic use, irrigation or power development, The number of reservoirs, if any, to be used in connection with this appropriation is located in If for irrigation purposes, the water will be used on lands in - Section ` Township If for power purposes, the point at which the water is to be re Range W. M. rned to the stream is • Section , Township. Range W. M., and the available fall is feet. Dated at _. this r day of tate of 1901._ Posted this day of o' clock (3 M. Witnesses to posting: 1 eM Appropriator S 190_ I, at C ( Name of son posting this notice ) STATE OF OREGON, p� County of 1, ‘—iCk---CL-Ad on oath depose and say that on the c - v"`-- day of o' clock M., I posted a notice at the proposed point of diversion, as herein being first duly sworn, 190._., at described, b,� and oo which the foregoin ( Describe manner of posting notice otice is an exact duplicate. l ( Name�person posting the notice ) d Vv Subscribed and sworn to before me this o day of A.D. 190_1. STATE OF OREGON, County of SS. • Notary County Clerk of County, State of Oregon, do hereby certify that a notice of appropriation of water, of which the above notice is day of a full, true and correct copy, was received for record on the A. D. 190-- "f a' Cacti `'1ti, and recorded in Book 1 Page iaauriug a7nis 3 t of W ckftecL.t., Witness my hand and official seal this 1 [SEAL] Record of Water Rights. uo2aio 'cuaivs '2I33MI9N3 3.LV.LS 0 z 061 'a 'V 0 0 M 0 0 rD a t 0.1 rD et0 appropriation of water was received for record 10 03.1, 0 u CG 0 -. 1 jar " O :es- CD o, • :t - CD. n n CI o cDa � C • " " • y tti 0 o •-3 " 0 m eh 0 1-) raha 01+ • :5•o oa •4. � a tot) ca:b . a5 0 ro CD n " A+ A - �+ Pass ... n A q� o rD 0 CD CD CC e 01 rD N fi • :0 ill o " " et.rn n J.,• 0 • o zg O m & rD ti rto ; r o ct ri 0-1r MMrr r; <4 - P r: •NOILDnxisNO3 0 • 13/44 day of • 19# 0 cubic feet per sec. • b °, o r0+ , G 020 er, 13 . 0 zn M" a " �w 0 _ t - ro et- el- (D Z6�.D " b Q, 4R 0 .fi" t: 0 xo a n n. c ° . 00 a� 0eDD �S' 'C o n n 0 et u et o ". �o " 0 x 1-1 eh o5 o� w -„, a O 0 . • & , — `r S. tet 12 0 °. a w n ;; n —�. eD a+ F.g, - • -4- '..t�p _. r �-{ i'' 0 • 0 .o et*0 M eDel il 5 eel- PEI% 0 rip rD ril Z CD l 00a�bCP. 5 o,� ,:t o as _o 0 �o T n7) �°h fi � A � ,:.r�`p� 510 Co `"j rn �� a A- n '+ as u Dili P O • n 'lir a zco n C Z. a CO U..tal 5.11" TZizZCD Za2 rn Z 0 :~ P o rt rD a) m-. • „• f D 0 eg- • F.,amilt n E g �D 2e)t- PD a^ A7 no e v E. • ') rc `►Sft 0 0 m 0 0 et - 3 • Pm, P3 el - CD rD �2 • 11 1 :n rD cora • a n n Zito 0 CD 0 n rt 't n '0 8z • SG tc 0.n7 CO I -IC CD 0 cD ED :i M. rt) jo uonvpdoaddv rt CD 0 et- et - CD r 0 1520 0 53 rD '04, V nn t trig 0 tc � O P h rt) ►i Chapter 228, Laws of 1905, provides: SNOIIDflW SN1 Deputy Z 0 n • ” o. i(�re)ry NO IC: 01? APPTiOP1 ...j: J..10T1 01? lI11►:.1M1 • ?YOlJCI1 / 3....� llil G rIw.4 ew* Vi i l Fr.,c1 ;j,i a rso31 aria Robert 41 . Puett of Bene' 7'. O., Count;, of Crook, state of Oregon, hereby apnro— prib.tes rift- cubic fo:-.t per second of time of the wator of 2una10 Fiver to be (live tod from the left bank of said ctrem 1)oint ;-Reich :.�; ..:1'c; about :Porter roi_ ;:4 h West from the ?outhsof;tt corner of oction Thirty—throe .'o-.:'nohip Seventeen south 17.-wn4 eleven Ertst , by me:nn of a flume rtnd cwhich cii`.:ch or canal eztonds in a _Forth—a: ster1y direction from said point of divors °ion , and will bo constructed four feet vide at the bottom, six fog t wide tic!, the rater Ourfaco , and to carry one 2/3 foot (10 h of =titer, with a g7ado of ton 2/3 fo t to the vile. `{`he mama of the sttic?. propoac3 a diitchA or ©anal is Atrial° Canal, the o'mor horoof bei:=x::> `'urrlo Irriy,r-..tion Com) s::z , a Oorporrr..tion a f t o County of Crook, '�t ' o 4O ��c waters hereby a :3ropri ted t re to Ire u ;e� for Doneutic. ,�.= eJ,.<: - of r; `; ��n, i.+s�l � t rl�.r� U i • 4Y r, �} .7 u s e nu:-::ber of reservoirs, if any, uo be used in connection with this a_ propri r.t i on is no;x) loc tnd in If for i:'ri -ation nurnosos, :he w ter 7111 be used: on lands in r.ectiorl 7elvc. :.'our teen, Township Se onte1i S. — _ .. s$ iornr .Qvon :act, fhb in Section Seven, Tp. Seventeen fl. Rangy ?we've :;ant, .. • • If for ,.,wer i:r:: oso the Joint at rr1lich the ;al or mivurned to the stream is eat ction - - w a and the ataailabla fall is foot. ... • .z 1. 1i a w a •-"san A.A. Th btod it Bend, Crook County, 3tr.te of Oregon this 28th dL y of �nril , 1908. :;rail `.nr orlon, Prod Anderson, T obert .:. '`uott ,, Posted this 28th day of 11prL1, 1908, ,:itn.essea to “n:: MEOW 1 %ncc`11e rs on �1.T.. R ` i c 1 -: ,-n. L. . '. r4 "our o'clock • tors c;ins Johnson (::arae of :Orson Posting this notice.) • I, John H. Lewis, State Lngineer of the State' of Creon, certify that the foregoing is a true and correct copy of i o tice of ' ,ppriatiou of 5 0 cu. ft. iylm sec. of the `eaters of Tumalo River, from the original notice of Appropriation of Water on fi.e in my office and custody. Salem, Oregon, June 9th, 1910 • State ihngineer. 1 r County of Jro ok that on th- the pi opo 0 area qbi iir I 80• ) * :lnr Joh_i'.:3on S a t./ Vit cl_ay ear oint,I o1 divc 3.0721, tt&1lice. ;a. Subncri Car r1. and (SEAL 04141, I .+.A V1w w. •aat Count] of Crook T, .ftarren Brown, ho..,.i 1 to a post .s •-•t,• l fix" ,t f" tly aworr OC at four o'clock. as hcrci:t t. o •r dose r ibcd, bser , on h pootct t ack1n M i L at notice • B , • r a 1J t or bo rd vihich thc -r joinjuing notice is ti. '. exact arc . tohofore me t='.3 i s3. MINMPO r,.0101111••••. * - County Johnson. Wt.. &2;y of .' rr 11 . •'.. T). 1908 r, '`r ....,$• �e iaorr, r ;' Crook Cou; hereby certify that a notice of appropriation of w 10 Ilt Pull, true and correct copy, ;Wall 190C ., 1. Laatud 41 .r'.'.. t S a.L•., ai ,y►ar 4. ae.,.. Uor 100 1.t • e o ~orcaon! bio of " `Z ich. the above notice r c o ivo;i for record. o 9 o'clock 11. and recorded in x j:;ook 1. ,r liani:. and official coy=.1 his Gth day of L, r ren ;Aron, Count .• w lm k, t-TOF•, to the 4th Etc.y of rK 378 of i''ter T 1.3 tU. t.; ,y 19o3. P i rice).- OP .r.aaaaoa - -*—,r...•• ..a.,+.ww.daa..e„.mmw— (office 3trearz ttitat�..t 1:11 e aa% r►.J o r s i)ivcroion :♦ 17S Claim t* o, nd. ?ilea • n 1 t� ►)cc• '` ' • 11 r a -144 uu 33 • 0• OM .. .. o.,.ty • • cu iic foot por Lac. pril 2(2, 1901 Croon Count • Y"ST 4, .M. loon. (1r'1 :1 ri Count. I iU) 'obu ;yid* id* • certify n ,3 • thu 1.&,h. 1 noticc , ^,coiVod for recor,3 •ek • 1908, `.: C•10 appropri:.tion of /17ator vas on the 26th day of o'clock T.ecord,. of • and mcorciot". John 11. :)vok 1, 43-41 Lit'to ries. 11.k 31'• Titre • SMTIL 0E' OREGON County of ".iarion 1 1 I, J61:11418. Lo -71s StatC? T.ngineer or the State, of Oregon, do hereby certify that the foregoing copy of notice of appropriation of fifty cubic foot of water Dor second .of time from unalo ?river has been compared by me with the original as filed in this office on the 25th day of 7kcy, 1900, at 8:10 o'clock A. H., and recorded in. Book 1, taro 51 Record off' Water Tights, and that it is a correct trm scritt therefrom and the whole of such original notice except for a mean and field notes partying it, as tbo same an_.,ear G of record in ray office and custody. s ,'►3TIMOI I 71111 9t7' da: of June, 1910. 7:011, 1 have hereunto sot my h, L 1d ti is • State : nc1neer of the State of Oregon. • OFFICE OF STATE ENGINEER SALEM, OREGON • J Artioles of incorporation of the Filed Sep.ISth, 1905 et 2 o'clock P. M. Tumato Irrigation Oompeny J. J. Smith, County Clerk. The undersigned, each a citizen of the United States, desire ing to .b000:hle u body oorpore to un sr the 1,2is of the Mate of Ore- gon , subscribe and execute the fc l to wirzg Artie les of incorporation 1. The name of tr=i2 oarporation shall be Tumalo Irrigation Company, anA its durEtticn shall be perpetual. The object of this corporation oha.l l be to sot utruct , o n. , oper&.te and maintain canals and ditohe 3 for irrigating purposes, the main oanta or ditch to divert water from the Tamil() river at a point in the southeast quarter of the south east quarter of sec- tion thirtyethree, township seventeen south, rams eleven eaat of *i1 lime t Le Meridian, iri Oracle. County, Oregon, and extend in a gene oral northe .starty direction to the northeast corner of se .tion twelve in said township snd r n e, eiith ouch lateral& or Subsidiary, ditches us, muy be necessary or convenient for cond-. ctin, c ter upon adj anent and tributary lands, • . prinai &1 office of this corporation shall be in Band, Crock 9cur ty, Oregon. .4. The capital stook of this corporation sy<e 11 be !`ive Thous sand Doll :rs , divided into fifty shares of One Hundred reg 0rA It ra aaoh . Emil Anderson, /Ens Johnson, Fred Anderson, Robert A. Puett. • 4 State of Oregon) County of Crool Be it remembered that on this 15th day of July, 1906 before me, dotary Public in and for said State and County, Personally acme :Emil Anderson, Hans Johnson, Fred Anderson and. Robert A. Puett, known to me to be the peroon > who signed the foregoing Articles of Inoorpor•tion of Tumalo Irrigation Company, and they severally knowied ,ed to be taac that they signed said Articles as their free acct t.nd deed for the uses and purposes therein mentioned. in Witness Whereof 1 have hereunto set my hangand affixed my o f fie is l seal, at Bend, Crook County, Oregon, this 15 day of July, 1905* 1M. Lawrence • (Notarial Seal) Notary Public for Oregon. Stu to of Oregon, County o f Crook i, Warren Brown, County Clerk of the ab,jve namerunty to . State, do hereby oertify that the foregoing lr true ocryect col Artio iee of lnoorporation of the Tumalo Irricfion Company, as the same a e4rs of record in my o 'f i^, e , the SEX18 being 'i l ed for r :cord the 18th day of : eptember , 1205, cnd recorded in. Bcck 1, Articles rf Incorporation, on page 196. In Witness Whereof I have hereunto set my hand and seed this 13th d .y of June, A. D. 1910. County Clerk. No. 8. QUITCLAIM DEED. J'4zow all Ven by these 2rcscn/s, That Printed and for sale by Glass tic l'i uc huuime Co., Portland, Or. • a, Erni1 Anderson, Prod Anderson, Frau Anderson unmarried....men and -Robert .A.Puett &.f- .1t Norah watt, ;a in consideration of-- _-- "minaxone Dollar ..end other -vim luc tfle considerations to Ufrik paid by. -uan3 John son • of Crook ...-County, Oregon do hereby remise, release and forever QUITCLAIM unto the said BEMS__ JO and unto his heirs and assigns all our right, title and interest in and to the following describedityfick6creal estate, situate in 6.- County of Crook , State of Oregon, to -wit: -An undivided onesfourth } t ter-ezt in : nd to the fifty {50) eubia feet ...per scoond o.f.... w,ute-r of the Tuuiaio river in Ciro c -k County , Oregon, , claimed. and appropriated byt Notice- orf- rater filing, poste; un l t t- - 19G5 and reoorded on the (29th day of April, 1908 in Book 1, Records of Tater- Rigb.ts of e- -id County-, on page 377 aril by Notice of Appropriation of Wates posted- April 28th, 100.8,.. file ..Ray 4th, --1-208 in Book 1, Records of Ftter:. _Rights of said Qoux ty on . page_. f78; also.. n undivided one-fourth in to rest in end to the Tullis/0 -CI nal -e- -m - --Plume- and the subaid-arr lateruld there =f . &so Jean and to .Fold, the same, together with all and singular the hereditaments and appur- tenances thereunto belonging or in anywise appertaining to the said...- ---BMS_ elOtal con and to hie heirs and assigns forever. ✓n Witness Whereof, WO have hereunto set our . hand t3 and seal a this 1-11t day of JUMP A. D. 19.___1_._6 Signed, Sealed and Delivered in the Presence of Us as Witnesses: Arthur 1 Baines C. 8 .Beu.aon Emil Anderson Fred - Anderson -Robert ---.A. Pini t t Ella Borah. Puett (SEAQ. 11 STATE OF OREGON, ss. County of G role., v♦ 2e it Remembered, That on this .- loff', clay of jutt A. D. 19.. -08 --- before me, the undersigned, a No tLry Public __in and for said County and State, personally appeared the within named .. -Vaal Ande ren -, - Fred de r o -n -) Robert A. Puett &i :Nora._Puett who rare known to me to be the identical individual ;3 described in and who executed the within instrument, and acknowledged to me that they -_.executed the same freely and voluntarily. Uestimony Whereof I have hereunto set my hand and Notarial: seal the day and year last above written. (Noturjaj 3&41) WOE 40 301440 3Hi woad 0 0 W td Recorder of Conveyances. Witness my hand and seal of County of Deeds of said County. O O erg rb 0 • O n O n ., and recorded in 0 was received for record on the Chc o 8. Benoon I certify that the within instrument `NOO[?IO dO aL V,LS U -I O State of Oregon) )us. County of Orook) Warren Drown, County Clerk of the above named County Lend State, do hereby certify that the fere ,c ink; 11 a true rend correct cor of Quitclaim deed from Emil Anderson, Fred Ander- son, Robert A. Puett and Ella Norah Puett to Hans Johnaon, the same Nein& filed in my office June 3, 1908, a nd recorded in book 17 of Deeds, on page 58. In Witness Whereof, 1 have hereunto set my hand a nd ser 1 this 9th day of June, A. D. 1010. g;e antylerk . 1 go ALL T BY THESE HESEV rts-TS That &delAnderson and retti c A ad era '� wF. • f M 4 a'- n o 4 an a •�� al ��� .o�:. �� � � � � �-��.��� zi��:� . �. � Carrie � �� . �o�r�or, � i wi f e; �'ab ert A. P 4 ett and Sla 1`ior' Pu. itt his s if a ard od Lnd»3rsor', a riair c1e: ruful in conzid4rLw+ion of Oris Dol .ar( 1.00) and other valuable CofQidera a t i o n to them. i n. hand a irrigation. a anon o t o State 02 0_0 a, :(. i a c 2 a i nt ur 1.r o t said_ do hereby remise release and forever Irrigation Company/i�,c3 :rrid assigns all their right ,title and grOet lowing d scribe x r,iaa estate situate in the Cour of Oregon, to -wit 4. i s of Croo ,Stat e r ty (.5 ) pubis feet per second of wat ar of the Tumwm 1 civqr in Crook County, Orego .9 claimed and appropriated by Nod i c G of water "E--i.1n:';,po -aad June 19th,1905 and recorded on the 29th OA 112 1908 in book i, Records of Water Rights of said Sountylor :p e b. 377 and. by Notice of Appropriation of Water posted Skill 28th, 1903, f ii ed. Ltay 4th, i 908 in Book 1,Recor s of Tito, Rights of girl Coun t yf on pa ge 378; also th. Tuaalo Canal and Fme and the subside a.`4.i r-1 lat./gain creof. . o have and to hold the sa s,together vitt all and sins ar the her=:oriltaa.nts and ei.ppurtmane*s thereunto he1ongin or in anywise appertaininr to the said Tumalo Irrigation Company and to to its successors and assirsns forever• In w i tea ata ftof,we th,sgrantors a ov. lamed bay. hers - unto t our an a s e ls Dated thih 5th day of Junef3908• Witnethseea . Andersons and Johnsons: Se INN • • . • . 4 . • ,�3� C-' nY► a s.�.......� r •._ tIa. .siY7 'J. taIs—s Asto • pLiet t i • • :T.. t t. t nci ar'szulaw • i -_Seal• e L ria.. .sxhr.=..r..._e , fir . s Sctlavolrlmaaamts oe L e 14,ca LL .. Y L*kt, n � i sa l Stats of Ore on, County of se /i1 �'"� t f -j (���y�r. )y�7 j(''� jl. �,j of ] �] i, [�.�j Crook. .i a i t 1 a s b e r �j 'i.$ that r. t h i,2 V Yh clay o f j Ver. s t i .�✓ 1 O before me, the un hrsi red, , s,otary public in ard for said Courtly personally app ea..r.d the within maned mil Anderton and '`"Ot t i e there 130r..)4. voile;Hans Johne on and Carrie Ostlahnsott his wife and ;'red .nd Berson a sir :4l01 th:;:.,. man to ma known to be the parsons de,za rib a -a-,1 4z^ _L 1 who ex ec u t ad the within instrument and acknowi w ed to as that executed tL f sLm e freely a n voluntarily and 'o the uses 4r.d purpose therein expressed. it testimony whereof 1 o rav� ..-3. hereu,.,to set rens 3i. r 4' hand ar( affixed my Po - seal tho day and 'rsa,r last above written.. 7Totarial. Peal Chas.'. -Penson. Stats of Cal fo r!nit, ss. Santa. Clara. Count d 1J Co L k) 0 . Chas. S.f enson. /►r sSSwrM — ter Sr ranistberefid that or this 7th .y of Ju - i' tha andersi, e•d, ersonal1e appeared the aro terry Public in and aft d th ir. Hared Robert A.Puett and,® 1 tt J o nth r ._ i e t t :o s e to r' known to b e ; n r o r. s described in rd who nxec4}ted thf, within 1r..st rumnnt andackrowiddr d to me that oxeck%6d od th c sa n _7r,7Fz1y arC vol nta"ily end for the teen and purposes therein xp ess ed. n t es t irrron ay whereof 1 have hereunto s et L hard and. .ffixed tarii.J.1 seal the da ; and year last above writt TTotarial seal iiarvin H. Corklir • -J Ems.t.e o? Oregon, egon. S3: County of Crook.. 1 ce uIV has been same ax' 4 1 • e MY 3 11 • 2"0.1-1.r. r r a- ?Tota bay l r� an� for Frar.- ta Clara��County, State of Cal- ifornia. ai- i f o lilea fr Copy of Deed ::s.r•? 4wM tis that It is'a correct of such oriarinal, .s the. rook County; Oregon. By Deputy RECEIVER'S FINAL RECEIPT, 4-143. No. 13a DECLARATION, No. 423 Desert Land Act of March 3, 1877, and Act of March 3, 1891. • -0----1110- Land 0--- e Land Office at TheOregon, Ma r c h 3rd , /90__8• Actelued from Era a. ndr rson; of B of Crook County, State 1 the sum of 150 dollars and .1Q cents, being final payment of one dollar per acre for the . nQrihw.e at__ Quar t T. 0-r- ego- 4 Range --11 * -i_.- ir} containing,� �4 o v acres, at one dollar and twenty-five cents per acre, the sum of twenty-five cents per acre having been heretofore paid, as per Original Receipt No.._ ---4.23 C-1 0-2 Deceiver. • • 4-407 a-ty. • 17 The United States of America, The Dallas 01380. To all to whom these pns eats shall come , meet ice; "rh er ea.s , lob art A. Pu et t has deposited in the rl en eral Land Office of the United States a certificate of the ,egister of the Land Office at The Dal l es 0 r egor+ whereby it appears ghat full payment has been made by the said 'tobert A:Puett according to the provisions of the Act of Congress of the 24th of April, 1320, entmtl ed "An Act making further provision for the sale of the Public Lands," and the Acts supple- mental thereto, for the Southwest quarter of the Southeast quarter of Section eleven and the northwest quarter of the northeast quar- ter uar-ter and the east half of the northwest quarter of Section fourteen in Township seventeen south of Range eleven east of the 1Y'illamett e _..eridia,n, Oregon., cortairin g one hundred sixty acres,according to the Official Plat of the survey of the said lards, returned to the nrPn- eral LAI1D O7111C by the Surveyor General,which said Tract has been purchased by the said lobert A.Puett : 1 ow know ye that the United States . of America,in consid- eration of the precaises,an+d in conformity with the several Acts of Cor_ ressin such cas c made and provided,HAVE rr1V ►"�T AND CHANTS+ and by these presents DO @T1 V E and (RANT ,unto the said lobert A.Pu et t and tohis heirs ,the said. Tract above describ ed; TO HA=,' HJ ATTR TO EOLD the same, to Beth er with all the rights,privileges, irnmun_iti es and appurt enanc es, of whatsoever nature, th ereunto b elonging, unto the said lobert A.Puettand to his heirs and assigns forever; subject to any vested and accrued waterrights for mining,agricultural,manufact- urir_g,or other purposes,and rightsto dltchesard reservoirs used in connection with such water rights, as may be recognized and ackrowl- edged by the local customs, laws, and decisions of Courts,and subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted,as provided bylaw;ard there is reserved from the lands hereby grant ed, a right of way then: i on forditches or canals constructed by authority of the United 'tat es. ?r_ testimony whereof, 1, Williaxn H.Taft,President of the United states of America,have caused these letters to be made Pat- ent,anal the seal of the general Lard fffice to be hereunto affixed. (Peal of U. S. g eneral Land Price.) A r i v er_ under my hard ,at the e i t y of "'ash it gt or., th e eight- eenth ight-eerth day of Octob er, it the year of our Lord one thousand nine hundred and nineand of the Independence of the United states the one hued r edard thirty-fourth. P,y the President :wm.H. Taft ecorded:Pa.tent Thrnber 84717 • State of Oregon, ) el IN e.) County of Crook. ) D Y ? .. W. Young,19•ec retary, H .v1.Sanford, recorder of the Lard Office. 1 rFen eral I, Warren Brown, flaunty, Clerk of the above nancd County and State do hereby certify ;, :..: foregoing is o +r 4e .rld correct cis y o f Patent of Robert A. ?nett, as the sane appearor record in ny o ffice at Prineville, Oregon, i. Book 5, pa o 36, of Re co rdu of Patents. J flaunty Clerk. 1 / 1 RECEIVER'S FINAL RECE/PT, 4-143. No. 131 DECLARA TION, No. _ 42.4___.._.____ Desert Land Act of March 3, 137'7, and Act of March 3, 1391. �--e--e Land Office at�__�ae�___�r�on., 3.ecetuext from Fr_ed--And er_s_ n, o_f -Bend-y of -Crook the sum of_ —-0-^--� County, State d''e?y of dollars and.T� one dollar per acre for the W411E4s__ NW_—SF- -__and 17--Solu h._,__ .ange__11__E.,_t__ v&M.. containing March 3rd_, 190.. Oreton, cents, being final payment of _of___Saeti_o1.2,- -T-. 60 acres, at one dollar and twenty-five cents per acre, the sum of twenty-five cents per acre having been heretofore paid, as per Original Receipt No..___424 $ _1_60,1_00 0 Receiver. Desert Land Act March 3, 1877, and Act March 3, 1891. U (A) Conte et TTo . 2p1 Peed To.16896-r Oregon Division. Northern. Pacific lailway Company. THIS DEMO • jade the ninth day of ovember in the year of our Lord one thousandlr.ir.e hundred and seven by the 'north ern'ac i f. - is *Qilway Conipany,a corporation duly• incorporated under the lags of the State oi' Wisconsin,party of the first part,ar.d Hans Johnson. of Bend in the County of Crool4a.nd State of Oregon party of the sec- ond part, Witnesseth,Whereas by a contract it writing entered into on the thirty-first day of OctoberA.D.1906 the party of the first partcor_tract ed to sell and convey to C. E.idoulton to whose tights th eparty of the second part duly succ eededfor the consideration hereinafter expressed, the premises hereinafter described; and Wh ereas, Sai d contract.has beer. duly performed and the party of the second part has become entitled to a conveyance of said p C eui s es . row therefore, The party of the first part,in considerate ion of the surf of Si x hundred ten and 80/100(0610.803 Dollars, urt o it duly paid according to said cont Tact, the receipt whereof is here by a,ckrowl edged, does flrant,bargain.,sell and convey unto the said party of the second part, hi s heirs and ass igns, th e following d e- sc rab e€t tract of land situate in the county of Crook ir.. the State oz~ .or eg or_ that is to say: The southeast quarter of northeast quarter (S j+; i /4 ofirzz 1/4) of Pecs tion ec- tion. tlwelve(12) in Township seventeen(17) South,of large eleven(11) anal Lot two(2)of Lection ifo.seven(7) in Township seventeen(17) outhof ;arae tw ejve (12) ;all &a.st of the Villamett e Principal ,�erid ia.l,cortu.iring,acco ,dingy; to the United St ttesGoverrrnert survey k, event; -five and 62/100(75.62) acres,more or l ess, the lands hereby grant od being sub j ect,however, t o an easement in the publicjfor any public road or roads he'etofore laid out or(establ ished, ar.d now ex- • letting over and across any part of said described lard. Together with the hereditaments and appurtenances there- unto belonging or in anywise appertaining. To have and to hold, Th e said lards and appurt enarc es,ur- to the Bald party of the second part,hisheirs and assigns,forever, free and clear of all li ens, charges and ircumbrarc es, exc ept taxes and ass essmerts, if r_y, l evi ed or ass pass etg airst the same. The said party of the first part,for itself ard its suc- c essors, covenants and agrees to and with the said Party of the secs and part,his heirs and assigrs,that it will warrant and defend the title to the said pree.�fiises, f orever, exc ept as•xgainst the taxes and as#eszments aforesaid,ar.d tax titles founded thereon. In witness whereof,The said party of the first part has caused these presents to be sealed with its corporate sealjard sign- ed by its President, the day and year first above written. NORTH HRN PACIFIC RAILWAY COI. PATYY, S igned,sealed and delivered in the presence of I3y Howard Elliott President. John e s . f,.'44'. VTillis (Seal of Northern Pacify-) .(ic 3ailway Company.) Attest: Z..'. pelf Assistant ec r et a ry . E't ,t e of :Linnesota, ss. County of lams ey. Or. this 23d day of December in the year 1907, before me N.)d`s�ir. D. Clark, a notary publ ic, personall y appeared Howard dalaott, to me known to be the President of the northern Pacific 3ailway Company, the corporation which executed the foregoing ins- trUmitnt,and who being duly swore., did say,that the seal affixed to said instrument is the corporate seal of said corporation_,and that said instrument was signed and sealed in behalf of said corporation by authority of itc Board of Directors,and the said }Toward Elliott ackr_owl edged said instrument to be the free act and decd of said corporation. lr_ witness whereof,1 have hereunto set my hand and affix - official seal,at my office,in the City of St.Paul,the day and J .`L,r last aforesaid. itdwir. D.Clark, fotary Public,'larns ey Cour.ty,lainnesota (Th otarial Seal of Edwin D. Clark. ) commission expires July 5,1 914. Divi.sior .Co tract No.201 Deed No.16fi-r.."-orthar -Ptcsfic Railway Company to Hans Johr.sor, lend, Oregon.- = rca,v e reett ' f- 4r'ook, sss-offioe of County C1erk -1 hereby -certify that the within Deed was filed for rasa cord -in- this office or. the 24th day of June A.D.191f. at- &eloek a -- s..7 Na,Z ck ttS44. % u 1 y e.Ga-riled- ' 141 Book - e -f eco g on pages to tier. 11r©wn C ty - € grovel( Country-. Sta.::: S+ of V e• • F :/� V V a ♦i�� iI la Co, it of Cro(it: I, Wrir:'t:'l Bron C oun tz' aJla S aT. ! .iC •! ueed OV 00, County C...14L- 41 A.t/ a er "v cert v L olgr ..o • •% 1.v�va 141 ri a, cer itI*1 ti :.:ci fi..tUf. 1' J .► to d r M No•r tY ern PLC J i e ISE+ .? war C onparti, lb* 40 Articles of Tncorpora tion of Three Sisters Irrigation .. `itch C orr n any Tecorded in Fecord of Articles of Incorporation, page 30. Piled July 5th, 1893. Articles of Incorporation of the Three Sisters Trrigc:ting Ditch Company. Know all men Dy these rresents : That we, S. T. Black, E. A. i"oor. e, Ed.uarbin, 7eekin and C. S. Smith, citizens of the United States and residents of the State of Oregon, do hereby fore ourselves into a corporation under andb: virtue and autr.ority of the lam, of the State of Oregon, and of the United States, and adopt the following Articles of Incorporation. Article 1. The name of this corporation shall be the Three Sisters I-rrigL ting Ditch Company. Article 11. T ie objects for which this corporr :bon i s formed, are and shE11 be .flr. st : To loc te, build, cons -bullet operate cn irrigating ditch, canal or flume, un(er the le s of the Etta of Oregon, from a point on Turnello Creek Crook 37° west 36 chains from of section, township 18 Crook County, Oregon, County, Oregon, the same being a point south the south. east corner of txe northeast cucrter south., of range 10 east of 71i11Lmette JTeridi_an, running thence in r. north easterly direction to the south west corner of tic routh east curter of section 34, township 16 south, of range 11 east of illamett e s eri c i an, Oregon, for a general irrigating purnmses; and to divert te water of s icy TurnHi i o Creek, not to e)ceed the r.r ount of 10,000 inches, miners rLle?.surement, ti e- cof unc_er inch -reg-:sure into -I1 -_ through said ditch, carcl cr flume for said general purposes from the natural channels and bed of said creek. Second: To condemn c ric appropriate lands for ri Mht s of way, over any lt,ncis for such ditch, canal or flume, nd for any reservoirs, feeders or distributing ditches, on the line of r_nd cons necte&with ditch, crnr.1 or flume. Third: To furnish, and supply at lawful rates, wate:v to ofrer persons for irrigation, Comes -tic, agricultural manufacturing an c..nd house hold purposes, and for any and L11 general or special purposes anduses and. to charge rea; onable and alwful rates therefor. Fourth: To build, operate and construct distributing catches, feeders, tinct reservoirs wherever necessary or selectee_ to maintain an(' operate c€final, ditch or flume. Fifth: To buy, sell own water ditches, canels or flumes and water rights, privileges and immunities, and to locate, build, construct, and operate water ditches, canals and flurries, reservoirs, distributing ditchesnd feeders; and to buy, sell, and own real estate and Personal property-. Sixth: To borrow money on bounds, notes or otherwise for the general purposes of the corporation. Seventh: To do every tct and thing necessary or proper to carry out, inc for the accomplishment of objects herein. specified. Artacle 111. The capital stock of tris corror€tion i- 11 be T no Thousand Dollars, divided into forty shFres of fifty dollars each. Article IV. The duratiolland time of existence of this corporation shill be perr,etual. Article V. The number of directors of t1is corporation sbe five; S. T. Bleck, William i.�cMeekin and L. iti,00re, Ed. Hurhin an C. S. Smith shall be the first board of directors ane. s^�a1.1 mrrmuge the concerns oars the corroration until the first day of July, 1894, at which time shall be the annual meeting of s tockl olders. L'rticle VI. every holder of aid up ca.pit `a stock of this corporation s1 x::11 be entitled to the control .nc. free use without charge o1 one fortieth of the amount of water flo77ing in the di ►,ch or canal mentioned and described in these articles in proportion to the: carat ity of said ditch or canal for each cnd every share of the paid up capital stock of this corporation so heli by such stock holder. Provided .ed.. that every share holder so appropriating End using his respective amount of said water under the above provision shall pay into the treasury of this corporation his pro- portional share of the costs and expenses of m4inta in 5 n7 said ditch or c&nal, and tie eipenses of said corporation drr:ing the period that he shall so use such water. Article VTI. The y.rincipc1 place oi' business and head office of this corporation shall be at Prineville, Crook County State of Oregon. r r . In t e st irony -"hereof we, the sG i Moore, Tad. Harbin, and. C. Lie • T. Black, eekin, Smith, have on this the 3d Y of July A. D. 1893, at Prineville, Crook County, State of Oregon, hereunto set our hands and seals to triplicateshereof. Done in presence of Le E. -Brink S. S. S'tcan'. State of ores;on, ) )ss. County of (Jrook. ) • S. T. Black (Seal) William T.Tc1'Je ekin (Se a) 11. A. Moore Ed. Harbin C. S. Smith (Seal) (Seal) (Se e 1) On this the 3d day of July, A.D.1893, personruily L.pper-Lred before rye, a `7otary Public in aneL for the County f{nd State afores� id the within. � 7fi tT nsr.m_e u. S. T. flack, William ZrLcs',aeekin, IL . .. i.00re , gid. Th rain and C. S. Smith th to me .novr-n to be the identical -)ersons named in and who executed the :foregoing Articles of Incorporation, :td severally acknowledged to me that they executed. the :same for the u es and purposes therein n&med. In witnese whereof, I have hereunto set my hand and seal. Lone in triplicate n t Prineville, Oregon, on the day 7nd year first above written. Brink, (Seel) notary Pu Jlie for Oregon. • State of Oregon, County cif Crook. •�T i��arren Brown, County Clerk -d e y -officio recorder of convey- ances, coo hereby certify th t the foregoing; is a true ante. correct copy of the original Articles of Incorporation o_[ Three Sisters Irrig_tion aitch Company as, recorded in : ecord of Articles of Incpropration, page 30, records of sad County and of the whole of such orisinal. In Testimony whereof, I have hereunto set my hand and official seal this 23rd day of July, 1910. (Offzcic1 Seal) SS. (Signed) Tlarren -Brown County Clerk. • i.Lj)'�rticles of _Incorporation ) 7 ecorded in �'ecor( of Articles of ) of ) Incorporation. ) Three Sisters irrigation Co.) Filed Dec. 6, 1899. Arthur Fodges, County Clerk. Articles oIncorport:tion of the Three Sisters 4 rrigation Company. Know all men by these presents, that we, J. B. Cartwright, C. Sam Smith and M. A. Moore, citizens of the Fnite6_ States and residents of the State of Oregon, do hereby form ourselves into a corporation, under and by authority of the laws of the State of Oregon and of the initea_ States and adopt the following Articles of Incorporation: Article I. The n Mme of this corporation shall be the Three Sisters Irrigation Company. Article II. The powers of c.nd objects for which this corporation is formed are d shall be: First: To locate, build and construct and operate an irrigating ditch, ct_.na-!.l or flume, under the laws of the State of Oregon, from a point on Turnello (or Tumalow ) Creek in Crook County, Oregon, the same being a point South 37 degyees west 36 chains from the south east corner o f the north east Quarter of section. 2, township 18 south, of range 10 e ast, of the 7illamette Leridicn, Crook County, Oregon, and running thence in a ilortsli. easterly (irection to th,J riouth west corner of the south east e uarter of Section 34, township 16 south, of range 11 east of 'i11ar_ ette ,.er i_dian, in Crook County, Oreton, for renera1 irrigation purposes, and to divert tie ater of said Punrello (or T na.low) Creek to the amount of twenty thousand inches, miners measurement, thereof under a six inch pressure into and through said ditch, can1 or flume, for said general purposes, from the natural channels and bed of said creek. Second: "'o condemn and f:.rproDriate lands for rights of w y, over any lands, for such ditch, canal or flume, r nC; for any reservoirs, feed- ers or (istributing ditches on the line of and connected with sai.c ditch, canal or flume. Third: To furnish and supply at lawful rates water to other persons for irrigation, domestic, agricultural mcnL?facturing and house hold. purposes, and for any and. all general and special purposes and uses, and to charge reasonable cnd lawful rates therefor. Fourth: build., operate .n 1 construct distributing ditches, feeders and reservoirs, wherever necessary or selected, to maintain and operate said cancl, aitch or flume. Fifth: To buy, sell aTid own water ditches, canals and `'lures, and water rights, privileges and immunities, 2 n.d to locate, build, construct and operate water ditches, canals cnd flumes, reservoirs, distributing ditches, t: -.(1C feeders, and to buy, sell, and own real estz..te and 1ersonal oroperty • Sixth: To borrow money on bonds, notes or otherwise for the general J purposes of the corporation. Seventh: To bond, mortgage, pledge or hypothecate the property of the corporation, both real and personal, or any Part thereof; to increase or diminish its capital stock to have, own anduse c.L corporate seal and alter fro 2;ame at pleasure; to sue end be sued; to contrsct and be co ntfl eted Tith; to make by laws for the election and regulation of its stock holders, members anc affairs; to provide for tie forfeiture :.nd sale of its stock for delinquent assessments; to provide for the issucnce and sale of its stock and to declare and pay dzvidenGs on the different classes thereof; to do every .et anc_ thing necessary rndproper to c rry out, andfor tie accompli chmen.t of the objects for whichthis corporation is formed. title .TIT. The capital stock of this corporz_ tion shale Le ten thousand dollars, to ; e divided into one thousand shies o." ten dollars each; ,-which. capital stock l -c l be classed an& denominated as follows, that is say; -two thoustnd dollars or two hundred shares of staid aid stock shall be preferred, paid up non -assessable stock; t1iree tLousund colla. s on three hundred shares sht l l be common assessable stock, ascerstAie only to the par value thereof; ana thousand dollars or five hundred shares of cad± stock r -.vale sha11 be raid up treasury stock to be sold for. the :urnoses of Ceveloprnent work tnC defraying corrent anC other ex ense s . Article IV. Tire duration and terra of existence of -nic corporation rerpetu`:.1. Article V. ll be The number of directors of this corporation shaill be three; J. B. Cartwright, C. imith, and.- I.. A. ioore sr:.cyll constitute the first board of r-irector. s and shall m •nage the concerns of the corpor tion until the first Li.onday in ]. ece ther, 1900, at which time shall be held. the annual meeting of stock holders. Article VI. The principr&l place of business and head office of the coTroratior shall 1 be at Prineville, Crook County, Oregon. T _t _ , testimony �<<-.o :�1 t -.r t . e �� e o f � re t' e t � � i c J..-. ,,,�,, . �,, �, ,� .. , , _ • � c:: a, v . %�c 1 ., : �i . t , C . Sam .. j . I � n'? i h Moore on this fifth day of December, 1899, Prineville, Crook County, Oregon, iereunto set our hr. ads an, seals in triplicate hereof. Done in the rresence of ) J. B. Cartwrig t (Seal) J. W. Hopkins , ) C. Sam Smith, (Seta, ) • w .. Moore (Seal) 'ink St t e oi' Oregon,) ss. County of Crook.) On t :i s fifth da. of Le ember, 1899, riorsona11_y appefreJ before me, LotcarY Public in and for the county and State aforesr.id, �7. B. Ccrtwr± tht C. Sam Smith and L. L. h.loore, to me known to be the identical _f.erson named in and who execu.te6 the 'orer'oi.- g Articles n c o .i. Al i�. o o a .w.L d severally Ip t cznowle(. 'ca. to e that they executed th.same for th m Uses fi nd ru_,toses I therein nt me d. Tn trithess who eof T have hereunto set my hand and_ official seal. Done in triplicate at Praneviile, Crook County, Oregon, the day nn( fe€r. first al_ove written. (Seal) • Tot ink, ?Tillie for Oregon. Sta+2 of Oro.gon, ss County of Crook, r arren wro''.�r�, TT . r Internal Revewme Stares. CLncelled. Clerk and ex -officio recorder of con- vey aces, C.o hereby cirtif % thtt the foregoing is r, true Gnu c0l'rect copy of the. oragi nal Articles of Incorporation of Three Sisters irrigation Co et .s recorder in ccorc: of Lrticles of Incorporation, nage 66, records of S�'lC Coi?n.ty,nen of uhr In 'e ytison r eof such ori^;inal. have here=to set seal this 23d stay of July, 1910. (Official Sena) handnr, official (Signed) .,. 4=en roma, �,uountv r?.r Vie, r` 253. [Lai. ,.:J • PETIOLES OP I cT:P0RAT C0N OF THE COLD BIL SOUTH . IR IGLT I0 ;' Co Iytie, W. H. Moore and 7. tel law, all of the State of M Oregon, being desirous of forming a corporation in accordance with the laws of scid tete 'of Oregon, for the purpose of engaging in the businese hereinafter designated, do make, subscribe andacknowledge these written Lrticies of Incorporation, in tripflcvte, to --wit ARTICLE I The name assumed by this corporation ane by -which it shall be known is, "Columbia Eout1 ern. Irrigation Co." and its durrtion s?all be unlimited. AIT IC TLE I I . The enterprise, business, pursuit or occupation in which this corporation proposes to engage, is to build, construct, own, purchase, or lease canals, pumping plants, ditches, flumes, a nd pipe lines, and reservoirs for the purpose of transmitting, selling, renting, leasing, furnishing, distributing and using water for irrigation of lands End for domestic use, and for watering lice, tock. and for all other lawf.l purposes within the State of Oregon, anis particularly to- appropriate and use for said purposes the water of the Tu. me to :fiver or Creek and also the waters of the seschutes River in Crook County, :tate of Oregon; said water to be taken and trt .nsmitted by proper canals, flumes, pipes or 61 -rhes, in through over the County of Crook in said State of Oregon, and to be stored in reservoirs in said County if desirable for irrigating purposes; to purchase, build and construct warehouses, saw mills, factories and other buildings, and to pperate, use, lease, or sell tVe same, and to furnish., sell or nee electric and water power, C to do all things thereto pertaining and necessary to create, construct and operate and xnaint<.ln the sane; to borrow money and. to purchase or issue bonds, notes, debentures, or other certificates of indebtedness, and to secure the s me by mortgage or pledge • rrd to purchase, own, hold, sell or ;nledne the capital stock of this or Lny other corportion. ARTICLE III. 'he place where this corporation proposes to IT ve its principal office and place of business is the City of Portland, in s1ultnonm± County, State of Oregon. ARTICLE IV. Phe amount of the c pital stock of this corporation shall be one hundred thousand dollars, andsuch capital stock shall be idvlded into one hundred thousand shares.. ARTICLE V. The amount of each share of such capital stock shall be one dollars IN TESTIMONY OP ALL WHICH, we, the above named incorporators, to the foregoing Articles in trlpiica.'-e, set our hands and seals this 17th day of December, 1902. E. E. Lytle, W. H. Moore, W. A. Laidlaw, State of Oregon, ss County of T ultnomah. (Seal) (Seal) (Seal) I hereby certify on this the 17th day of December, 1902, before meta Notary Public in and for said County and State, at the City of Orta land, in s • id County and. State, personally ap eared the within named E. E. Lytle, W. H. Moore, and W. A. Laidlaw, each of whom is to me personally well known to be one of the identical per one described in and who executed the foro;-Toing articles of Inoorporction, r.ne each for himself acknowledged to me that he executed the same for the uses C nd purposes therein mentioned. IN PESTMOUY V1 ER EOF, I have heret. oto set my hand and notarial seal the day and year last above written* (Notarial real)buy G. Mils, "ENO SED" Notary ?labile .`or Oregon. Filed December 31, 1902, P. S. fields, County Clerk (Ue:,^e follows t►"e certificate of .1.S.Fielc1s and tiff: seg=.l cof the said court) Liet-Ar 2 /PSZAn_g.ti-c.; t"A-t4 • glc /3 Record 3ook 11 -2a re 457. i rt T IC LES 0TH , (,._ ? C.�, , , ; 0 LT • .0.07.777T1 • I-. v.. r., .�+ +. 1 r n • I -w ry` TG =OWJ ..,I 1,.L_.'.:! 1 JJ THESE • '' G { , ('� t c, 1_ Jam / 1 T? F Conner .� �►�,�,1.1. >, r_�:. � we tl s G. Wilson and and J.h.Litzenberg, L11 of the Citi; of -'ortlrnd, County of ialtnomah. and StFte of Oregon, do hereby associate ourselves together a.s a. cor- • 1' por:.)tion under the general incorporation laws of the State of Oregon �,.n.d do hereby a Oo pt the following ARTICLES Or I . COPPOFfiTTOIT. Article I. The name of the corporation shell be "Columbia Southern ating Com -cony. 'article IT. The duration of -brae corporation shrill be Article III. The objects of the corporation si 811 be: First: To loc<: to or in any In nner accuire water -rights, reservoir sites or dam sites within the Etete of Oregon; and to build., construct, or < cquire dams, reservoirs, cnals, ditches, flumes, ripe -lines, ond Literal canals, for talc purpose of impounding, diverting and of conc_uct- ing water, and to sell, rent, le iso, furnish or distribute w€iter for the irrigation o 1;::.ndp, for domestic rise, for trle watering of stock, or the furni �hinR of power, or for any other_' lawful purpose \Ji t r in the perpe teal . State of Oregon. Second. To purchase or lease lands within the State of Oregon whether adjacent or con im,uous to the dams, reservoirs, ditches or other property of tris company or not, :nate: to hold, possess, possess amrrove, lease, sell nortga ne or otherwise disnose o: such manner as may be deemed fit. same 111 T-i.rd. To subscribe for or to purchase and to ovrn and hold sell, or pledge the c:pita1 stock of any col-oorction. Fourth. To borrow mono on. ionCs, notes, or ot3.e-rw se, for the eneral pl rpos s of the co:rpor: tion _'sic to r ort c.Re its water 1 r r., i?;hts, lxnds, (itches, reservoirs, c nct any an& all other property whether rea.1 or p:rsonal to secure the payment thereof. Fifth. To ac c?u.ire any &nGwater rights, C`ms, roservo. rs rights of gray, landL7, contracts, notes, r ortflos or other choses in action, now owned by the Columbia Southern Irrig Dion Company; together with Play other property, whether real, herr onal or Fixed, now owned by said Columbia Southern Irrigation Company, E-.nc_ to c&rry out and perform any :)nu all contrcts .nc. h grernents now existing or in force between said cornnany cn . the State of Orogon, or any person or persons. Sixth. 'o do all o t iLer things necessary or proper for the accomplishment of the objects ve specified. Article IV. Tie principal office of th,_ corporation shall he in the City of 'ortlnd, County of iJnitnornah, and State of Oregon. Article V. The capital stock of the corporation s}gall be Three Hundred Thousand Dollars (:)..)00,000), divided into three thousand (3,000) shares of the -ear value of One :kindred ($100) a.ollars. Article VI. H. F. Conner, and. itzenberg are hereby a?,pointed to open stock books of tine corponttion, cancl to receive subscriptions to the c.pital stock of the corpora tion, and tion of t :o sc.. ne. complete the organizas Article VII. T1:e Board of I irectors of the corpora_tion shall consist of five members. IN WIT2jESS rl-EILLJ.-F we, the scid Jas. G Wilson, H. F. Conner, 1•T I 0 T. Litzenberg, to this instrument cnd is o others of lake tenor um, date have set our hands a seals this 31st day of October, 1945. James G.VJilson (Seal) F. Conner (Seal) W. R. Tei t zenberg, (Seal) • State of Oregon, SS County of !. ultnomah 3E IT y Fi:ELBEl?in that on this 3lst day of October, 1905 before me, the undersigned, a i,otary Pu tic in andfor said County w end State, duly commissioned and sworn, -ocrson«.11y appeared the within nar1ed. dames G Wilson, I. P Conner, W R Litzenberg, who ro are known to me to be the identical individuals described in an7Tho executed tie forec:oing articles o_ ° incorpontion of the Columbia Thtatr ern irrigating Come c;ny, and they Lereupon severally ackno ledged to me that they executed the same as and. for their free act and deed for the uses and purposes therein set forth. TIT ; C i'r7.L.T CTi .lLJK.:J a 4 .1. T �.., ,. I have hereunto set my eland and 2f fixed my official seal the -day rndyear in this certificc-te first above written. (iotarial )eal) W. A. Robbins, Notary PUI,Dlic for Ore;^'on. "ENDORSE' D" : Filed Y.ov. 1, 1905, P S Fields, Clerk, m 17 W. F. Kerns, Deputy. (Fere follows the certificate of F.S.Fields, County Clerk of Lultnomah. County, and official seal ) 1 ti THIS AGREEMENT, made and entered into by and 'between the Three Sisters Irrigation Company, a corporation duly and legr.11y incorpo- rated under and pursuant to the laws of the `.`tate of Oregon, for itself, its successors and assigns, the party of the first part, and the State Land Board, acting for €,nd on behalf of the State of Oregon, the party of the second part: WIT, mSSETH: That the said party of the first part, under `nd • pursuant to the provisions of an act of the legislature of the State of Oregon, entitled "An Act to provide for the acceptance by the State of Oregon for certain 1 nds, and for the reclvmetion and disposal of the sane" which was filed in the office of the Secretary of State, rebrua.ry 28th, 1901, ane in full compliance with the requirements of said act, has filed with the State Land `�oard its applic�. tion for contract to reclaim certain desert l nds, hereinafter fully descried and. set out heroin, which a rmplicction contains an estimate of the cost of construction of the ,oroposed system of irrigation and of the cnnuel cost of the maintencnce of t T.e same, has, at its own expense and without any cost or charge whatever to the State, Trade the necessary surveys and prepared a rn p of t?- e said land proposed to be irrigated, which map exhibits a plan show- ing the mode of the contemplpted irrigation and which plan is suffi- cient to thoroughly irrigate C ," reclaim said lands end prepare them to raise ordinary ar ri.cultura.1 crops and rhows t} e rource of the water to be used for irrigation and reclamation, which map is duly verified and in all particulars complete with the requirements of the ► ecretary of the Tnt erior, and is accompanied by a list in triplicate of the lands selected, de designated CZ, recuired by the regulations p;overning such selections has pEid to the State ,and Board € sum sufficient to lay th necessa-ry Land Office fees for the selection of said lands, has submitted a statemoi t tbf t]•e cmount of water available for the plan of irrigntaon <'_ tC! the other data a..nd information reuired by ti:e ='ocretcry of the Tnterior, and where 1 the c&nals required_ by the plan of irriga.tioii. cross puulic lands not selected by try'e State, has filed separrtely an application for the right of way over such lands unt er sections 13 to 21 of the Act of Congress of ii.orch 3rd, 1891, in accordance Trith the regulations under said act; and hrls done and merformed all t' i.ngs necessary ry to be done to enable the State Land Board to select these lands without cost to the State • And the said• party of the first part hereby undertakes and _.grees, for rand in consider z tion of the promises • and 27reements of the party of the second part, hereinafter set opt, to build and construct the system of irription, substantially ac- cording to the plans contract; to furnish accord€mnce with sa i d submtted by it Wath its €.pplication for this anample supply of water, substantially in. plans, to reclaim the land hereinafter described and set out herein, in corplic..nce with tic acts of onpress 4 rz nting the same to the State; to make L11 necessary proofs of reclamation required by the Secretary of the Interior for the iss z nce of atent, to pay all costs of at:veitising cnd other expenses incident to such proof and nrplicrtion for patent; to do and to perform ecc1rt nnc e very act and ling required to be Cone by the State by said acts o f Con cess adid by the contract spa. ; chi will be made between the State Erie. the Secretary of the Interior with reference to the said lands nd their reclamation, without cost or exc'ense to tr_c State, but at the costs and expense of the party of the first part; to prepare all t:pplicct:i_ons, eontrccts, plans, statements, estimates and o ther papers which may be required Ly the Secretary of tho Interior to be rrepared rale executed by the Stete; and to bear all the cost and expense of preparing, j.ecuting, e submitting g and filing the 0 c,`71je Said party of the first part further agrees that it will be^rin work upon the system of irrigation for t1. e recln.r,c tion of s€.id lands • rithah six months after the signing of thc contract ')y the Fecretary o f thc: Tnterior, tila by the end of the first year ten percent of the necessary expenditures will be mrd , :nd t1' c t tl— i c work will be prosecuted with Cue dill pence , and prcof of reclamation mode as 1 1 required by tl e ccts of ";onnress, t 11 Cone nd c om rl et e d with- in the time specified by said accts of Congress now in full force and effect, which sc id proof the said party of the fir st part c tree s to furnish brlL make without cost or e1<.•cnse to the State and the said party of the first crt further agrees that the :.tate sfl.11 be at no cost or expense v'hatever for <nrin r thGt may be recitired to be lone, or -t;} racy be Cone, in cornection. -Y ith, or with reference to, tl-_e reclamation of saidflnds or uny part thereof, all of , cr 1t nds to be reel imed under this contract are described as follows, to -wit: STATE LIST NO. 13. Parts of Sections e0• T. p .1.:1 • Area Tie/narks 0 f SE-1- Stec- E1S of SW -4 SE -,_oft \'Ti t ' SI, of SW4 F o f NE ,- SE -+-- o f NW* MT:- o f SE-: of St7; 11177-- o f SE sill-- of BEYx 4 r. N» - of Tat t C� Of t3E 0 041 440 SE��1. .k '`7- o f S 1,r Ste- 0i 1rq- irrY of T ;: o f :S�'' SE o f �E '--- SE- of Tv Ttr: tri,kr ' rte+ L ., of SE, -- o f 5 (`ITl i_ 0 `'p t of S , 4- 1T.as Lit f livi SW k o f 0f eirrit 71. 0 f Lots 1, 2, SE} o f J.iE- S1 W dw.s of I:.V7 c� Tots arid 2 S-''oI►'- J, 0 i. SE i SE ,.i ;. o f 3 ; V 1 - Lots 6 and 7 1111 T,t 4 r:a n d 4 32 32 1 10 11 12 13 14 15 22 23 24 26 34 35 4 6 r 14 12 80.00 14 12 80.00 15 11 160.00 40.00 80.00 320.00 40.00 40.00 40.00 80.00 40.00 - 80.00 320.00 40.00 80.00 160.00 320.00 640.00 320.00 160.00 80.00 320.00 80.00 80.00 40.00 40.00 40.00 80.00 80.00 80.00 40.00 80.00 160.00 80.00 40.00 80.00 15 12 40.00 40.00 156.88 40.00 40.00 320.00 78.73 80.00 80.00 40.00 78.30 639.05 7 Carried for;-.gard 6152.96 Parts of Sections Brought forward. 1.44 1 of SE} ITE :Y of SIT , Tr^1 of 1TT-r .A J ry , ii SE-- of P71,:4- .,4. �. ^ TTTlr 1 _, 1.4 a. kn.1_ )`'- n tTrr 1 ,2:W 0f irrl, Lot 4 ITE+ . of I1E,r .4- 'v1. (l 1 i -;Y of 11E -1i, I + ++t+ t 0 TWA` .1 0 f Si - 4. Tt1, 0 f owl 0, L ots 2, 3, c 4 1,14, 1,/4J ✓ --T of ll'V ry ; cam. -- 0._ Tfir 1'1F" Of ►�ii7 _1.- 0 f S, crirr1 4.y) +r .1 -I rfl 1 1V i i 0 f erwl rrt .4 T .'- El- of SW -1. S . of 317 Sc-,- of SE - 00 . o f Sys }- ►1.rz*r1 Of - S ;•"0 .0 .f x ST ti t 3.2 L -is Of lT L ots 1,2,3 €=.11d 4 EI ly IT :IC of E S ►:a Sy}T=r o f SES• Qv -T-1 ,tf ac'tl` of 771- E-2;-- E; 4x. tl ITE: Lin T-1 1 1,_ w O f 1Yi K�. P age 2• SOC. 8 14 15 17 18 19 n 27 28 29 30 31 32 33 T. 1� • Area Remarks 15 31 32 Carried- forward f 12 6152.96 320.00 80.00 40.00 80.00 40.00 80.00 161._.00 80.00 40.00 160.00 80.00 80.00 40.00 80.00 40.00 80.00 160.00 80.00 40.67 40.00 80.00 80.00 40.00 80 • cn 123.00 320.00 80.00 40.00 80.00 80.00 160.00 40.00 160.00 7120.00 320.00 160.00 80.00 40.00 80.00 40.00 80.00 80.00 80.00 80.00 160.64 160.00 80.00 40.00 160.00 40.00 80.00 160.00 320.00 80.00 160.00 12117.27 Y P arts of Sections Sec. Area Remarks Brought forward ryl l IT �� rCL - of S17 -:1. - of Iiiof S1`1 1 of SE> L ots 2, 3, and 4 lir of S�;- S?- of SE= w13 of IN of SW* So f IF -r S.'J ,. - of 11i 47 1V;- of st '= ;2 ofSb S of tTJ of SE*- sw-1- 11-1-- oITE' li-w of % SW:: of 5 - T - of 1�5T: SET of SE f- NW is of YE77 w 0 f 1_..x SE:1-O ..iE4- 11'-- of SE- ``' of SE Sri- of .11: ir' . - of "' SE of I7E1: 71T3c of LTr T1 SES. of Ny7y. T;j yI . of CI; 1 of ITTal S 1-,-- o f Til oit of E* of S1:- - x. 17:(1, --of SW -21'. E ti1. of i;r.4: T,T-r-, r' c7 - of Tit, ,4- SE 7. c E ._. So.i.. 1:1,51.4- : Mise;: of SW} 1T.E- - of IW!:. 17E 14 ' 1 '_- ►1. - of 1 ':� SE:.; of - 1_ 1- ("t-rr Z a7 0 f S -- 11 0 f lT „- <.. Pa e 3 34 35 1 3 8 9 10 4.1 12 13 14 15 17 20 21 22 23 25 26 12117.27 640.00 320.00 40.00 80.00 16 11 80.00 24.46 40.00 160.00 80.00 80.00 80.00 16 11 80.00 40.00 80.00 80.00 80.00 80.00 160.00 80.00 80.00 40.00 40.00 40.00 160.00 160.00 40.00 40.00 80.00 40.00 80.00 160.00 160.00 40.00 40.00 80.00 40.00 80.00 320.00 40.00 40.00 40.00 40.00 40.00 80.00 80.00 40.00 40.00 160.00 40.00 40.00 80.00 40.00 80.00 80.00 Carried forward 17101.73 °arts of. Sections Sec. T.. Area . emar s Broca ht forward u �-- o f ��. 1. NEI �- of 1F17'- ""1 1171 o T? !` _r', - N , of ITWTil �. au,17 of Int.,- C.ri" S of Sri -- T,.1 TTT�{, 1 4 o f NE NW:I- of NE- S L: of S - SE* of SW E - 17 i r 1 o f TJ4A� r��4�: � * � o f ��i. S T. T1 N17 of 3E -i o f _ Trof ? 7 r .# Sila- of SW L ots 1, 2, 3, and 4' 1111--1 _ o f sal- „ -tJ ►-k EY All A11 S .‘4 L ots 3 and 4 of ow - l ? of 1117t of SE -4`,- Snr �l1 of T'4 IT -1.7 of s/;\1. --- 11:j. 1.-1 ,; of SV1 - S17 . of SW;• ' -r_ T1t ofi -J 7-7 of Nr - ,T ,T. fl r Ari 0 Tot 1 L ots 34 �.nd N E ;R of SF-' SF - of 971,1- Lots 7rLots 3 and 4 A11 Lot 4 S- of Mg- r:: of ..� ;,; Sir".. SI:: of Stilic Page 4 27 28 29 31 32 33 34 35 3 4 5 6 7 8 9 10 17 18 19 31 1 2 17101.73 80.00 320.00 320.00 160.00 160.00 40.00 40.00 40.00 40.00 80.00 335.02 80.00 40.00 40.00 40.00 40.00 16 11 80.00 40.00 40.00 80.00 80.00 160.00 80.00 16 12 29.92 80.00 160.00 351.96 356.88 309.76 310.00 70.32 320.00 160.00 80.00 320.00 40.00 160.00 80.00 320.00 80.00 80.00 40.00 320.00 80.00 80.00 35.32 71.24 311.10 40.00 40.00 69.50 17 11 640.00 319.96 39.92 80.00 80.00 40.00 2 Carried formird 2,5112.63 • t 0 Parts of Sections Sec. AISSosie T. Area Remarks Drought Forward E* E4 of Il i i7 i Y SE- 01n7 - o f T. _7 � 01. Ti - T"- of 7E t W311 of SE� NW - 112 SE* IT o f_ m SE of ATE-- T-17 of SII - 1T 1- �Y of SE: Page 5. 3 4 5 6 9 10 11 10 Total 17 11 25112.63 319.55 79.59 160.00 40.00 320.00 79.55 80.00 158.99 174.52 320.00 160.00 80.00 40.00 160.00 80.00 320.00 40.00 27"t24.$t 1 • And for. and in const t Bration o f the labor performed , the p`,y- rent made and the promises andagreements of the pe rty of the first part hereinbefore set out, the _party of the ser one part agrees to execute all applications, contracts, plans, sttements, estimates and other papers which may be recuired by the Secretary of the Inter- ior to be executed by tie State under said acts of Congress, when tr e same shall be properly prepared by said party of the first and furnished to the party of the secoy:d part as herein agreed for that purpose. The party of the second part hereby declares, fixes :yid estab- lishes sta.b-lishes the sum of Two hundred and seventy thousand (S277,000.00/100) Dollars as the amount due said. party of the first part for the re - part, c1&TT&tion of said lE nd.s as aforesaid , also hereby fixes and e stablishes the spun of One dollar per acre for each acre of land. ✓ eclaimed in each endevery sen rate subdivision as and.. for the annual charge for the maintenance of said irrigation system; and now hereby crectes a lien on and cc; inst said lands for the amounts due or to become due the sid party of the first part cs `hove fixed and declared and for interest thereon at the rate of six per cent per annum, which said lien shall be valid on and agcinst the separate legal subdivision of 1< nd reclaimed for the amount due as agreed upon and interest thereon at six percent per annum from the date of ✓ eclamation until said lien shall have been satisfied --all as Pro- ✓ ided by an act of the legislature of the: State of Oregon entitled "An Act to 'Provide for the €acceptance by the State of Ore7on for certain lands and for the reclamation and. dirposal of the same" which was filed in the off i.ce of the Secretary. of State, , February 28th, 1901, and unuer and tursuant to which this contract is executed. Lnd it is further agreed tle t the arty of the first part for and in consideration of the payment the ; nnua1 charge for 7ncinten- a.nce Ls herein rovaded for n.rd fixed by the tarty of the second part, will keep Gond e rretnally m int a in the Inc in canals, laterals and works, (not including the _ Priv€ to c ind.ividz;.rl ditches and • • distr±bu_tore for ±r i at in individual tracts) in :good condition rnd rep a ir, and will furnish rnd supply water during the irrigation season to lends entitled thereto for ordinary irri :c tion purposes, subject, however, to such oper and. reasonable rules and regulations no t •e said party of the fire>t part may from time to time adopt for ..e control (iroc management oi" said irrigc tion system, provided., however, rules : nc' regulations reTr rec�:inR t1e distribution of water shall be subject to tr:c approval of the St te Lnd Board. It is further FIllitu4lly understood End greec1, that of tho lien hereinbefore created upon lands reclaimed., for cost of reclan ation, each amallest legal subs ivi. cion 21- 11 bear such prorort io n c s the true value of the suint ivision bears to tho value of t] -e whole tract subject to the lien, fried tL:t for mutual convenience as soon Lerrafter as the 1: nd can be exfimined and t o value t °roof estim ted Grid re- ported u. -:on, €nd: the retort arnrovec in writing, nnd t1 -e laen _porn ti oned €:nC cesignated by tr_e Ct .tO tz nd =mard the vintount of the lien against such resrective tr.- ct, CL oo designated, shall be fixedand determined nna not hereafter Eub ject to charme except by rrlttlt8l consent. Ind it is furtLer mutuc.11y unCeretood an± areed. tr :t in the conveyance by the Stnte of any of the 1L nds reclaimed under the pro- visions of this contract, there s til be reserved for the ptirty of the first L)a r"t he eC .sentent of ricirht of ( of the width designat- e d in section six of an act of the 2e?dslati_ve Assenbly of the State o f fre7on, filed in the office of the Secretary of State, mmebruary 1st, 1891, .hich said act is found on rage 53 o1 the taws o-`" Oregon for 1391,) for tic en nals, later"l€ls, sublatc rats, q,9ette, ditches L zd overflows. It is further understood and agreed that the "date of real nrna tion?? herein efore 1Lentio: eco, shfll,for the purpose of this agreement, be the t1.t o frown by t1 e rr oof furnished the Secretary of the Interior to be the date at ?-rhich we ter W& S fur. ni c= iced available for the ✓ eclamation of u ny Dai t of the lands hereinbefore described. r • It is further arrreed. between the ,,; art i es hereto that from the d .i.te of the execution of the contract between tl e Secret .ry of the Inte.'iar and the Stcte of Oregon, Nay bona fide settler who is a citizen of the United .nz .ytea Sty ates or who ]as declared his intention to become such, desiring to settle upon or become a purchaser of not more than 160 acres of any o-►` the lands set ortt and described herein, sb:11 sign an application in au.plica to with the rty of the first part, one cory of which Lhall ;e filed. the State Tnn Board and when such applictat shrill file hi release of lien for reclama- tion the deed of eonveyu nce to Jim from tto St, to sha.1`? be issued without further 7 -trent . • It is f1 ether mutu&lly agreed by and between the parties her that in the event the party of tha first part shall f ' it to begin the construction of irrigation work within the time specified, or corrolete tie same within the time or in accords nce ; i th the specie- fications of this contract, isE shill be the dvty of the 1t��.te Land 'gent to give to the pa..rty of the first pct written notice of such failure and if after as period of sixty days from the sen. i..n7 f s4id notice it cha ll have riled. to Proceed wits ul o work or con.. camp to the specific -tions of its contract with the :=tate, then the ,arty of the first ()art shall be rub cct to all the forfcitures provided in Sec. 7 of theact of the Legisltitu.re of 1901 and this contract may be C..eclared void anc th St: to releused from tiny further liability thereunder. It is 'flirt e y m trr1lly acAreed by the Parties to tYis contract that, if any of the 1`.nds herein designated, and selected by the State, `+n6 included in ti -is contract, shall for fly reason be mold. by tie united States Tits-nd Office, the Commissioner of the General 'find Office or thc Socrettir. y of tl e Interior not to be subject to t'i'e tens of t)tis contract, tie Strtc shall not be bound h the c ,rovisions of t] is contract far CCM L L) such rejected lands is concerned, {ind shall not be re ui ed to execute a conveyance for tho same, or any part txiereof, but if the plan for irrigation submitted, upon which this contract is based, be not ar droved by tEe Secretary of the Interior, or if the same cannot be amended an& i., not so • amended within reasonb e time to meet hi. approval, than this contract may be declared void by the -t arty of the second part 4 nd. it shn 11 he relieved of x.11 liability there,m_nder_ . IN WITNESS t HE ECF : The said party of the e first part, by its President andSecretary, after resolution duly authorizing the srme, has signedthose presents and the State Lrnd Board, for and on bei. if of the at ate of Oregon, has executed t l'e su:lne in duplicate on this Fifth day of Lecember,"". D. 1902, In the; .presence of 17s as witnesses: John Combs, -r, T,T ' t wi • Mite. te. Constituting the State Lena_ Board. .Attest: • L. Ohw:mberlain, Cler of tho Sam Smith President. '1 T ..: l,w, ��.�'. 0 I S mEp S IF:. T G I O C OLIPLT] Y. Bt, i. E . Brink, n , Secretary. ( T. T. Geer, ( Governor ( F. I. Luniari ( Secretary. ( R ChtT s. . oore, ( Treasurer. (Seal of tho State of Oregon) Y Land Department 3 1 STATE DF 0:flGO r, County of )ss. { • 1, John h. Lewis, Secretary of the esert L€.n6 oard and custodian of the records and seal of said Board, do hereby cer- tify that I hove compared the fore^-oing copy of contract bet:een Three Sisters Irrigction OompLtny anc State rind Board with the origin& of sai6 contract as the same aptears on file in the records of the j.esert Land t oard, in my custody; flet coo fur. thor certify that the foregoinR' is a full, true c.nc correct co try of s.id original contract and of the whole thereof. In Witness lhereo f , 1 have e hereunto set my hand -``Fixed the senof the Desert Land :Board this 28th dy of ?lily, 1910. (Signed) John .:. Lewis, Secretary of Desert Land oa r0 . 1,414A,diaLLe 1 (Corporate Seal) State of Oregon ss County of Crook Brown ,County ',Warren Cote. tClerk 1 y in and for said County <:n t .te do l_ereby certify t14at the foregoing is true of the map filed �. � and correct copy alad recorded i n c onrection with the o tice of later L.ppropriation of the Three Sisters Trri ;etion Compcn_fi lltb,1900, and recorded at page 198of the recordled_ december water rlp;hUs. Witness my hand and official of sera this 23rd dayg of ��u1�',1.,10. (Offaci&1 Seal) (Signed) Warren Brown, County Clerk. Plat of General :oute of Three Sifters Trri State of Oregon, ss County Of Crook. T, Warren Brorn, County Clerk and e:. -officio ca recorder in and for said County and State do hereby certify that the foregoing is a true and correct copy of the original plat attached to the notice of approprfttion by The Three Sisters Trri- gation Company recorded Litirck 26th, 1901, in Book of water rights, page 205. Witness my hand andseal this 23rd. day of July 1910. (Signed) Warren Brown (Seal) County lerk. • General Plan and Plat of :mite of Three Sisters Irrigation Ditch. a f State of Oregon ss County of Crook I, Warren T3rown, County Clerk c.nd ex -officio recorder in and for said County and State do hereby certify that the foregoing is a true and correct copy of the map attached to the Notice of Appropriation of the Three Sisters Irrigation Con_rany recorded January llth, 1902, record of Water Rights, page 228/ (Signed) Warren Brown (Seal) County Clerk. • • 1 4 4 R 11 F R. 2 T 23 A T 1 3 26 Tp.14 S. West Tp. 15 S "3 4 3 9 10 ,6 15 21 22 28 27 33. 34 4 Tetrerdow rZ e 12 Cline Fclls. 13 1 19 26 25 5 36 1:30 20 21 2 29:28 2 31 32 33 3s 2 25 Tpo 16 S r 14 13 Tr. 17 18 S. 1 r 23 24 151 13 18 17 19 120 12 . 22 34 5 36 3 2 1 • 0 11 12 15 14 13 Y 23 24 26 25 35 36 26 25 136 3 32 33 4 24 19 6 3( 36 13� 2 1 9 ' 10 11 12 17 16 15 14 13 20 * 21 22 2' J 29 28 27 2. 2 b 32 33 34 35 36 South 1 East • r 4 te of Oregon ss County of Crook • I, Warren Brown County Clerk an( ex -officio recorder in and for said County cna State, coo hereby certify that the fore- goang is a true and correct copy of the original plat attached to the Notice of Appropriation by The Th ee E'isters Trrigsstion Company recorded July Zrd, 1902, in :Cook of Thter Fi7hts, „ ge 245. (Seal) Titne s s ny hand_ End seal t? i s 23rd dray of July, 1910. (Signed) Warren r'rown, County Clerk. G ' 2 /(rn &Ft • Z„Vi a _se do, E et - WATER DITCH NOTICE )l of ) Filed. July llth, 1893. Three Sisters Irrigat ) (Book of Water Rights, page 106) r ing `-itch Company. NOTICE IS HEREBY GIVEN TO WHOM IT LILY CONCERN, That the Three Sisters Irrigating Ditch Company of Prineville, Crook County Oregon, a corporation duly organized under tnd by authority o the laws of the united States and the State of Oregon, whose head office and principal place of business is at Prineville, Oregon, has appropriated and intends to divert the waters of Turnello Creek in Crook County, Oregon, from the natural charnels or bed thereof, into and through its ditch, canal or flume, to be known as the Three Sisters Irrigation Ditch, to the amount of 10,000 cubic in- ches of water, miner's measurement, under a six-inch pressure, under and `y virtue and authority o f the laws of the State of Oregon, pro#iding for the construction of irrig._ ting ditches, canals or flumes for general purposes, for general irrigating purposes and for watering live stock, supplying water for household, domestic and manufacturing purposes. Said point of diversion being at a point on said Turnello Creek, south 37° west 36 chains from the southeast corner of the northecst quarter of section 2, Tp. 18 South, of Range 10 east of Willamette Leridian; at which said point the head gate of said ditch is to be constructed. Said ditch to be 15 feet wide on the bottom and 19 feet ;=ride at the top and 4 feet deep, and to run in a general northeasterly direction to section 34, township 16 south, of range 11 east of illamette erician. And the said company proposes to erect and construct three reservoirs on the line of and connected with sail ditch, canal or flume. Dated this 6th day of July, 1893. THE THREE SISTERS IRRIGATION DITCH COMPANY By M E. Brink, C. S. Smith, President. Secretary. State of Oregon, SS County of Crook. I, Warren Brown, County Clerk and ex -officio recorder of conveyances do hereby certify that the foregoing is a true and correct copy of the original Notice as recorded, as indicated therein. In testimony whereof, I have hereunto set my hand and offi- cial ffi-- cial seal this 18th day of June, 1910. (Official Seal) (Signe dl Warren Brown, County Clerk. WATER RIGHT ( • • of ) Filed December llth, 1900. ( J. J. Smith, County Clerk The Three Sisters Irri- ) (Book of Tater Rights, page 198) gation Company. ) NOTICE OF APP ROPRI:T ION. NOTICE IS HEREBY GIVEN, That The Three Sisters Trrigat - ion Company, a private corporation, duly organized and existing under and by virtue of the laws of the State of Oregon, to appro- priate waters for general irrigation purposes, has appropriated and intends to diverte from the natural channels Twenty Thousand inches of water, minors measurement, of the waters of Turnello Creek in Crook County, State of Oregon, for general irrigation, manufacturing, household and domestic and transportation purposes. Said company't headgate and point of diversion will be at point South 37 degrees west 36 chains from the Southeast corner of the Northeast quarter of Section 2, in Township 18 South, Range 10 East of the Willamette Meridian, in Crook County, Orec'on. Said headgate to be 24 feet wide and 5 feet high. Said amount of said waters so dive- ted to be conducted through aitches, canals and flumes in a northeasterly direction to the South West corner of the South East quarter of Section 34, Townsehip 16 South, Range 11 East of the Willamette Leridian in Crook County, Oregon, and such other points as said company may from time to time deem proper and • feasible. Said aitch to known as The Three (sisters Irrigation Ditch, and thr owner to be said above named corporation. Saidditch at its head, and immediately below said headgate to be 30 feet wide at the bottom and 36 feet wide on top and 4 feet deep, and a sufficient size i. -a wit.th anc depth the (p198 o ' Prater Rights, cont' d. ) whole length to carry the amount of water appropriated, taking into eonE+C.eration absorption, evaporation and distributing ditches. Said company proposes to construct Three Reservoirs on the line of said ditch. It is expressly stipulated in this notice that said company waves nor relinquishes no rights now owned or enjoyed by it in the waters of said Creek, or acquired by it from Three Ssiters Irrigation Ditch Company, or by prior appropriation or otherwise now vested in or owned or enjoyed by this company. Done by order of the Board of Directors and Dated December 4th., 1900. THE THREE SISTERS IRRIGATION COMPANY. (SEAL) By C. Sam Smith, President. Attest: K. E. Brink, Secretery. (Here follows "Plat of the Three Sisters Irrigation Ditch, Described in the hereto attached. notice") 11111111rI ft111111'• 171i1111IT17111t7111 State of Oregon, SS. County of Crook. I, Warren Brown, County Clerk ane, ex -officio recorder of cons veyances, do hereby certify that the foregoing is a true and correct copy of the original Notice as recorded as indicated therein. In Testimony Whereof I have hereunto set my handand official seal this 18th day of June, 1910. (Official Seal) (Signed) Warren Broom, County Clerk. M� NOTICE OF .APPROPRIATION of ) Filed Earch 26th, 1901 at 1 o'clock P.M, ( J. J. Smith, Co.Clerk The Three Sisters Irri- ( (Book of Water Rights, page 205 ) gatinn Company. NOTICE IS HEREBY GIVEN, That The Three °isters Irrigation Company, a private corporation duly organized and efizting under and by virtue of the Laws of the State of Oregon, to appropriate waters for general irrigation purposes, has appropriated and in- tends to divert from the natural channels Twenty Thousand inches of water, miners measurement, of the water of Turnello Creek (Sometimes called Turralow Creek) in Crook County, State of Oregon, for general irrigation, manufacturing, household, domestic and transportation purposes. Said company's headgate and point of diversion will be at a point South 37 degrees west 36 chains from the South East corner of the North East quarter of Section 2 in Township 18 South, Range 10 East of Willamette Meridian in Crook County, Orec,on, and saidheadgate to be situated on the North bank of said Creek and to be 24 feet wide and 5 feet high. so Said amount of waterAte-be appropriated and diverted to be conducted from said headgate through ditches, canals and flumes in a general northerly and northeasterly direction by the most feasible and practicable route to the South West Corner of the South East quarter of ► ection 34 in Township 16 South, R t:nge 11 East of the Willamette Meridian in Crook County, Oregon, and to such other ports and places in said County as said company may from time to --- deem proper and feasible. Said ditchs}all be known as The Three Sisters Irrigation Ditch, and the owner thereof to be the above named corporation and its successors and assigns. Said ditch at its head and immediately below said headgate (205 of tater Rights, cont' d) to be, when completed, 30 feet wide at the bottomand 36 feet wide across the top and 4 feet deep, and a sufficient size in width and depth throughout the whole length thereof to carry the amount of water appropriated and diverted, taking into consideration loss and dimination of water by absorption, evaporation and distributing ditches. Said Company proposes to construct three reservoirs along the line of said ditch at such points as it may deers proper, and hereby claims and appropriates sitez therefor. Said company furthermore hereby claims and appropr iateB from the unappropriated lands of the State of Oregon, and from the unappropriated public domain, a right of way 1O0 feet in width along the main line of its :-aid ditch and canal, and a right of way 30 feet in width along the line of each and ull its distributing ditches, feeders and waste -dither, and a sufficient right of way for all dams and em- banknients necessary in the construction and completion of said ditch. It is expressly stipulated in this notice that the said The Three Sisters Irrigation Company waives nor relinquishes no rights, privileges or immunities now owned or enjoyed by it in the waters of said Creek, or acquired by it from The Three Sisters Irrigating Ditch Company, or by prior appropriation or otherwise now vested in or owned or enjoyed by this company. Done by order of the Board of Directors and Dated this 18th day of larch, 1901. THE THREE SISTERS IRRIGATION COMPANY. By C. Sam Smith, President. (Corporate Seal) Attest: II!.E.Brink, Secretary. (205 of Water Rights, cont' d. ) State of Oregn, SS County of Crook. I, S. J. Newsom , being first duly sworn, say I have carefully compared the attached and foregoing copy of Notice of Appropriation with the original notice and that the same is a true and correct copy of such orcinal notice and of the whole thereof. That on the 18th day of March, 1901 I posted said original notice at the point of diversion of the within named and described ditch in a conspicuous place thereat, and in plain view of the Public; said point being selected by the within named coppany as its point of diversion and where its headgate is to be located, the same being a point on the north bank of Turnello Creek (Some- times called Tumalow Creek) South 37 degrees west 36 chains from the South East corner of the North East quarter of Section 2 in Township 18 South, Range 10 East of the '' illamette Meridian, in Crook County, State of OreRon. S. J. Newsom . Subscribed and sworn to before me this 26th day of ivarch 1901. M. E. Br i ng , (Seal) rotary Public for OreRon. (Here follows "Plat of General Route of Three Sisters Trrigatinn Bitch") 111TTY IYTTY11TTYTY11ITIT1111111TTYIT1111TTTT State of Oregon, SS County of Crook. I, Warren Brown, County Clerk and ex -officio recorder of conveyances do hereby certify that the foregoing and correct is a true copy of the original Notice as recorded as indicated. there- in. In Testimony Whereof I have he eunto set my Ind and official seal this 18th day of June, 1910. (Signed) Warren Brown, County Clerk. (Official Seal) NOTICE OF WATER RIGHT ) ( Filed January 11" 1902 at 10 o'clock A.M. of The Three Sisters Irri- ) (Record of Water Rights, page 228 ) gation Company. J. J. Smith, County Clerk NOTICE OF APPROPRIATION NOTICE 1S HEREBY GIVEN That the Three Sisters Irrigation Company, a private corporation duly organized and existing under and by virtue of the laws of the State of Oregon, has appropriated and intends to divert fromthe natural channels Twenty Thousand Inches of water, miners measurement, of the water of Turnello (sometimes called Tumello) Creek in Crook County, State of Oregon for general irrigation, manufacturing, household, domestic and transportation purposes, and for the purpose of reclaiming the arrid desert lands of Crook County, State of Oregon, lying West of. the Deschutes River. Said Company's headgate and point of diversion_ will be at a point South 64 degrees and 20 minutes west 35.50 chains from the South East corner of the North. East quarter of Section 2 in Township 13 South, Range 10 East of the Willamette Meridian in Crook County, State of Oregon, and said headgate to be situated on the North bank of said Creek and to be 24 feet wide and 5 feet high. Said amount of water so appropriated and diverted to be conducted from said headgate through ditches, canals and .fluurs in a general Northerly and northeasterly direction by the most feasible and practicable route to a point 16.50 chains East of the north East corner of Section 13 in Township 16 South, Eange 11 East of the Willamette Meridian, in Crook County, Oregon, and to such other points and places in said County as said company and its successors may from time to tine deem proper and feasible. Said ditch shall be known as The Throe Sisters Irrigation 7 (228 of ,pater Rights, cont' d.. ) Ditch, and the owner thereof to be the above named corporation, and successors and assigns. Said ditch at its head, and immediately below said head - gate to be, when completed, 30 feet wide on the bottom and 36 feet wide across the top, and 4 feet deep, and of sufficient size in width and depth throughout the whole length thereof to carry the amount of water appropriated and diverted, taking into consideration loss and diminuation of water by absorption, evaporation and dis- tributing ditches. Said company proposes t, construct three reservoirs along the line of said ditch at such points as it may deem proper and hereby claims and appropriates sites therefor. Said company furthermore hereby claims and appropriates from the unappropriated lands oSthe State of Oregon, and from the unappropriated public domain of the United States, a right of way 100 feet in width along the main line of its said ditches and canal, and a right of way 40 feet in width along the line of each and all its distributing ditches, feeders and wcste ditches, and a sufficient right of way for all dams and embankments necessary in the construction nd completion of said ditch. It is expressly stipulated in this notice that the said The Three Sisters Irrigation Company waives nor ielinquishes no rights, privileges or immunities now owned or enjoyed by it, in the waters of said Creek, or acquired by it from The Three Sisters Irrigation Ditch. Company or 1 y prior appropriation, or otherwise now vested in or woned or enjoyed by this company. Done by order of the Board of Directors and dated this 2nd day of January, 1902. (Company Seal) THE THREE SISTERS I :RIGATIOI1 CO P UY. By C. Sam Smith, President. Attest: Y. E. Brink, Secretary. • (228 of Water Rights, cont" d. ) STATE OF OREGON) )ss County of Crook) I, Joe Treichel, being first duly sworn, say I have carefully compared the attached and foxmoing copy of notice o f appropriation with the original notice and that the same is a Lure and correct copy of such original notice and the whole thereof. That on the 2nC day of January, 1902, I posted said o riginal notice at the point of diversion of the within named and described ditch in a. conspicuous ply ce thereat, and in plain view o f tte public, said point being selected by the within named com- pany as its point of diversion and where its headgate is to be located, the same being a point on the North bank of Turnelle (sometimes called Tumailo) Creek, South 64 degrees and 20 mintt.es West 35.50 chains from the South East corner of the North East quarter of SDction 2 in Township 18 South, Range 10 East of the Willamette Meridian in Crook County, St&te of Oregon. Joe Treichel. Signed and sworn to before me January 3rd 1902. M. E. Brink, Notary Public. (Notarial Seal) (Here follows "General Plan and Plat of Route of Three Sisters Irrigation Ditch") TT T1 1T TT T1 IT TT 11 T1 TT TT TT TI TT TT TT T1 IT IT TT TT 1T TT IT TY IT T1 • State of Oregon, SS County of Crook. I, Warren Brown, County Clerk and ex -officio recorder of conveyances, do hereby certify that the foregoing is a ture and core rect copy of the original Notice as recorded as indicated therein. In Testimony Whereof I have hereunto set my hand and official seal this lath drt y of June, 1910. (Official Seal) (Signed) Warren Brown, County Clerk. cx NOTICE OF WATER RIGHT ) ( Filed July 3rd, 1902 at 2 o'clock P.M. of ) J.J.Smith,CoUnty Clerk. ( Three Sisters Irrigation Co.) (Record of ;Water Rights, page 243) NOTICE OF APPROPRIATION. NOTICE IS HEREBY GI'VEN That The Three Sisters Irrigation Company, a private corporation duly organized andexisting under and by virtue of the laws of the State of Oregon, has appropriated and intends to divert from the natural channels Twenty Thousand inches of water, miners measurementunder a six-inch pressure, of the water of Turnello, (generally known as Tumello) Creek in Crook County, State of Oregon, for general irrigation, manufacturing, household, domestic, and transportation purposes, and for the purpose of reclaiming the arid desert lands of Crook County, State of Oregon lying West of the Deschutes River. Said Company's heeds gate eed- gate and point of diversion of said water will be at a point South 64 degrees and 20 minutes West 35.50 chains from the South East corner of the North East quarter of Section 2 in Township 18 South, Rnage 10 East of the Willamette Meridian in Crook County, State of Oregon, and said headgate to be situated on the north bank of said. Creek andto be 24 feet wide and 5 feet high. Said amount of water so appropriated and diverted to be conducted from said he:-.dgate through ditches, canals, flumes and natural depressions and water courses, in a general Northerly and Northeasterly direction by the most feasible and practicable route, to a point 16.50 chains East from the North East corner of Section 13 in Township 16 south, Range 11 .East of the Willamette Meridian, in Crook County, State of Oregon, and to such other points and places in said County as said Company and its successors may from time to time deem proper and feasible. Said ditch, canal and flume shall be known as The Three (243 of Water R.t s . cont ' d . ) Sisters Irrigation latch, and the owner thereof to be the above named corporation, its successors and assigns. Said ditch at its head, and immediately below said head - gate to be, when completed, 30 feet wide on the bottom, and 36 feet wide across the top and 4 feet deep, and of sufficient size in width and depth throughout the whole length thereof to carry the amount of water appropriated and diverted, taking into con- sideration loss and diminution of water by absorption, evapora- tion and distributing ditches. Said company proposes to construct three reservoirs along the line of said ditch at such points as it may deem proper, and hereby claims and appropriates sites therefor. Said Company hereby claims and appropriates from the un- appropriated lands of the State of Oregon, and from the un- appropriated public domain of the United States, a right of way 100 feet in width along the main lines of its said ditch and canals and a right of way 40 feet in width along the line of each and all of its distributing ditches, feeders and waste ditches, and a suffi- cient right of way for all its dams and embankments necessary in the construction and completion of said ditches, canals and flumes, depressions and water courses. It is expressly stipulated in this notice that the said The Three Sisters Irrigation Company, waives nor relinquishes no rights, privileges or immunities now owned or enjoyed by it in the waters of said Creek or along the line of said proposed ditch canal or flume or acquired by it from the Three Sisters Irrigation Ditch Company, or by prior appropriation, or otherwise now claimed or vested in or owned or enjoyed by thi Company. Done by order of the Board of Directors, and dated this 25th day of June, 1902. (SEAL) THE THREE SISTERS I :RIGATIOTT COLIPFNY. By C. Sam Smith, President. Attest: M.E.Brink, Secretary. • • (243 of Water Ri ght s, cont' d. ) STATE OF OREGON) ss County of Crookl I, P. G. Milliron, being first duly sworn, say I have carefully compared the foregoing copy of notice of appropriation with the original notice and that the same is a true anc correct copy of such oricinal notice and of the whole thereof. That on the 26th day of June, 1902, I posted said original notice at the point of diversion of the within named and described ditch in a conspicuous place thereat, and in plain view of the public, on a pine tree and about 4 feet from the ground, said point being selected by the within named coppany as its point of diversion and where its headgate is to be and is now located, the same being a point of the North bank of Tur- nello (generally known as Tumello) Creek, South 64 degrees and 20 minutes West 35.50 chains from the South East corner of the North East c°uarter of Section 2 in Township 18 South, Eange 10 East of the Willamette Eeridian, in Crook County, State of Oregon. P. G. Milliron. Subscribed and sworn to be fore me this 27th day of June,1902. M. E. Brink, Notary Public for Oregon. (Notarial Seal) (Here follows "Map of General Course of the Three Sisters Irrigation Ditch") tt h It tt 1t Tt 1t it lr It tt tt 1/ 1t tt It 1t ti tt State of Oregon, SS County of Crook. 1, Warren Brown, County Clerk aid ex -officio recorder of conveyances, do hereby certify that the foregoing is a true and correct copy of the original Notice as recorded as indicated therein. In Testimony Whe:eof I have hereunto set my hand andofficial seal this 18th day of June, 1910. (Official Seal) (Signed) Warren Brown, County Clerk. • The Three Sisters Irrigating Ditch Company to The Three Sisters Irrigation Company. ) ) Recorded in Deeds 7, Page 368. Filed April 10, 1900. Arthur Hodges, County Clerk. ) This Indenture witnesseth: That The Three Sisters Irrigating Ditch Company a private corporation organized and existing under the laws of the State of Oregon for the consideration of the sum of Two Thousand Dollars to said corporation paid the receipt whereof is here- by acknowledged, has bargained, sold, transferred, assigned and con- veyed and by these presents does bargain, sell, transfer, assign and convey to The Three Sisters Irrigation Company, a private corporation organized and existing under the laws of the State of Oregon the fol- lowing described property, rights, franchises and immunities to wit: That certain irrigating ditch built, constructedand now owned by the said Three Sisters Irrigating Ditch Company, and described as commencing on the South bank of Tumello( or Tumalow) Creek at a point South, 37 degrees West 36 chains distant from the South East corner of the North Ea} t quarter of Section 2, in Township 18 South, Range 10 East of Willamette T�eridian, in Crook County, State of Oregon, andrunning thence in a North easterly direction to the South west corner of the South East quarter of Section 34 in Township 16 South Range 11 East of Willamette ,:eridian in Crook Couny State of Oregon, and all other ditches, distributing ditches feeders, reservoirs,head- gates, wastegates, drops, flumes, canals, rights of way, and easements nowowned by the grantor also all water rights privileges and immunities now held, enjoyed claimed or woned by the grantor, including the right of appropriation and diversion of ten thousc.nd inches,miners measurement under a sig: inch pressure of the waters of the said Tumello (or Tumalow ) Creek; also all reservoirs sites, ditches canal or flume 7-368 locations now held, enjoyed claimed or owned by the grantor; also all books records, documents, stationery, seals, moneys, securities, contracts, office furniture and all personal property of whatsoever kind or nature now owned by the grantor; also all tools, implements machinery, lumber and merchandise now owned by the grantor. And the said grantor does hereby convey ane transfer to the said grantee, its entire property, rights, immunities, and franchises, both corporal and incornoral now or hereafter to . beamed or vested in the said grantor. To have and to hold the same unto the said grantee and its assigns forever. In witness whereof the said grantor through its Board of Directors has caused these presents to be duly executed by the President and Secretary thereof and the seal of saidcorporation to be affixed this 9th day of April, 190n. Done in the presence of ) The Three Sisters Irrigating Ditch Company. ) F. V. Smith ) By C. Sam Smith, President. 11. A. Crain ) Attest: M. E. Brink, Secretary. ) (Corporate Seal) State of Oregon,) )ss. County of Crook.) On this 9th day of April, 1900, personally a -geared before me a County Clerk in andfor said county and State the within named C. Sam Smith, president, and M. E. Brink, Secretary, of The Three Sisters Irrigating :itch Company the grantor above named, to me personally known to be the iaentical per: ons described in and who executed the within conveyance and to be such officers of said corpora:ti oni and severally acknowledged to me that they executed the same freely and voluntarily and as the act, and f r and in behalf of said corporation and for the uses and purposes therein named. And the said C. Sam Smith and M. E. Brink being be me duly sworn did say that they are the President and Secretary respectively of said 7-.368 corporation, that said deed was executed by thea in pursuance of an order of the Board of Directors of said corporation and that they are well acquainted with the seal of saidcorporation and that the seal hereto affixed in such seal end was so done by said Secretary. In witness whereof, I have hereunto set my hand and seal the day and year last above written. (Seal) Arthur Hodges County Clerk of Crook County, State of Oregon. U. S. Revenue Stamps $2.00. Cancelled. State of Oregon, ss. County of Crook. I Warren Brown, County Clerk and ex -officio recorder of con- veyances, do hereby certify that the foregoing is a true and correct copy of the original, Leed from The Three Sisters Irrigating Ditch Company to The Three Sisters Irrigation Company, as recorded in Book 7 of Deeds, page 368, Records of said County, and of the whole of such original. In Testimony whereof I have hereunto set any hand and official seal this 17th thy of June, 1910. (Official Seal) (Signed) Warren Brown, County Clerk. Three Sisters Irrigation Co. 0) Filed November 20, to ) 1905. J. J. Smith, Columbia Southern Irrigation Co.) at 2 o' clockP.L . County Clerk. THIS IMLENTURE, Made and entered into this 8th day of November, 1905, by and between the Three Sisters Irrigation Company, a corpora- tion organized under the laws of the State of Oregon, hereinafter referred to as the Irrigation Company, party of the first part, and the Columbia Southern Irrigation Company, a like corporation, here- inafter referred to as the Columbia Company, party of the second part, WITDESSETH: That, Whe-r eas, the Irrigation Company did heretofore enter into a certain contract with the State of Oregon, acting by and through T T Geer, Governor of said State, F. I. Dunbar, Secretary of State of the State of Oregon, and. Charles S. Moore, Treasurer of the State of Oregon, together constituting the State Land. Board, by the terms of which contract the Irrigation Company agreed to irri- gate and reclaim certain lands situate in Crook braved by Desert Land Selection number thirteen gon, to which contract reference is hereby made rnent of its terms; and, Whereas, thereafter the County, Orepeon, em - of the State of Ores for a full ascertain - Irrigation Company chid acquire certain lands, premises and rights of way, and did con- struct certain ditches, andafterward assigned to the Columbia Company by instrument in writing, dated t}:.e lath day of. February, 1904, the said Contract, NOW, THEREFORE, this indenture witnesseth, that for the purpose of more fully evidencing taid transfer, and in consideration of the Sum of one dollar to the Irrigation Company in hand paid by the Columbia Company, the receipt whereof is hereby acknowledged, the Irrigation Company does hereby sell, assign, set over and transfer, grant, bargain, and convey to the Columbia Company, its successors and assigns forever, cll property of whatsoever name or nature, and wheresoever situated, whether real, personal or mixed, now owned by the Irrigation Company, including all lands, reservoir -sites, cite sites, reservoirs, damp, water -rights, whether on the Tummello River or elsewhere; and also all rights of way, ways, canals, ditches, laterals, and all personal property of every description. There is also included in the property hereby conveyed all the estate, right, title and interest of the Irrigation Company in and to the saidcontract above referred to between itselfand the State of Oregon, which contract is dated the 5th day of December, 1902, and provides for the irrigation of twenty seven thousand and four a.nd eithty-three hundredths (27,004.83) acres of land in Crook Coun Oregon. Together with all rights, liens, franchises and privileges ac- quired by the Irrigation Company thereunder. Together with the tenements, hereditcrents and appurtenances thereunto belonging or in any wise app{rtaining. And also all the estate, right, title and interest of the Irrigation Company in the premises and every part and parcel thereof; TO HAVE ADD TO HOLD unto the said Columbia Company, its succes- sors and assigns for ever. IN WITNESS THEREOF, the Three Sisters Irrigation Company has caused this instrument to be executed on its behalf by its president and the «orport to seg_ 1 to be hereto affixed attested by its secretary the day and year First above written. Witnesses: THEE SISTERS IRRIG ' TION COMPANY, May Enright, By E. E. Lytle,President. Guy G. Willis (CORPORATE SEAL) W. A. Laidlaw, Secretary. State of Oregon, SSS. County o f Multnomah.) BE IT REMEMBERED, and I do certify, that on this 8th day of November, 1905, before me, the undersigned, Guy G. Willis, a Notary Public in and for the County of Multnomah and State of Oregon, duly commissioned and sworn, personally appeared E. E. Lytle end W. A. Laidlaw, whose names are signed to the foregoing instrument and mortgage dated the 8th day of November, 1905, as President and Secre- • tary respectively of the THREE SISTERS IRRIGATION COMPANY, with whom I am personally acquainted. End who are personally known to me, and known by me to be the president End secretary respectively of. the Three Sisters Irrigation Company, and to be the identical individuals described in and who executed the foregoing instrument as such presi- dent and secretary respectively; and they for themselves and on be- . half of Three Sisters Irrigation Company did thereupon severally ack- nowledge to me that they executed, signed, sealed, cnd delivered the said instrument as and for their free and voluntary act and deed, and the free and voluntary act and deed of said Company for the uses and purposes therein set forth. And the said E., E. Lytle and W. A. taidlaw beinrn first duly sworn did each for himself depose and say that they reside in the City of Portland, Multnomah County, State of Oregon, that the said E. E. Lytle in president, and the said W. A. Laidlaw is secretary of Three Sisters Irrigation Company, an c that their names respectively signedto and attestation of the foregoing mortgage are in their own proper handwriting respectively; that they know the corporate seal of said Company; that the seal affixed tu the foregoing instrument is such corporate seal, and was thereto affixed by authority of the Board of Directors of said Company; that they signed their named thereto by like authority as president c�nd secretary of said Company. III 7ITNESS THEREOF I have hereunto set my hcnd andaffixedmy official seal the day and year in this certificate above written. Guy G. Willis Notary Public for Oregon, residing (Notarial Seal) at Portland. Recorded Deeds 12 page 108. - - - - - - - - - - - State of Oregon v ss County of Crook I, Warren Brown, County Clerk and ex -officio re- corder of conveyances do hereby certify that the foregoing is a true and p correct copy of the original Deed from the Three Sisters Irrigation Company to the Columbia Southern Irrigation Company, as recorded in Book 12 of Deeds, page 108, Records of said County, and of the whole of such original. In Testimony 'Thereof I have hereunto set my hand and official seal this 17th day of" June, 1910. (Official Seal) (Signed) Warren Brov n. County Clerk. 14 Columbia Southern Irrigation Company ) }Filed November 20, at 9 o'clock to ) A. M. 1905 ) The Columbia Southern Irrigating Company.) -r . J. Smith, County Clerk. THIS INDENTURE, made and entered into this 10th day of November, 1905, by and between Columbia Southern Irrigation Company, a cor- poration orgainzed ander the laws of the State of Oregon, herein- after referred to as the Southern Company, party of the first part, and Columbia Southern Irrigating Company, a corporation organized • under the laws of the State of Oregon and which has its principal office and place of business in Portland, in said State, hereinafter referred to an the Columbia Company, party of the second part, WITNESSETH: WHEREAS, heretofore the poration organized under the certain rights in the waters Oregon; with the purpose and Three Sisters Irrigation Company, a core laws of the State of Ore on acquired of Tummello River in Crook County, intention of using the waters of said river for the reclamation andirrigation of such lands then forming a portion of the public lands of the United States, and WHEREAS, on the 5th day of December, 1902, the State of Orernon, acting by and through T. T. Geer, its Governor and F. I Dunbar, its Qecretary of State, and Charles S. Moore, its State Treasurer, together constituting the State Land Board, did, pursuant to the terms of the Act of the Legislative Assembly of the State of Oregon, file in the office of the Secretary of State of Oregon, February 28, 1901, and entitled "An Act to provide for the acceptance by the State of Oregon of certain lands for the reclamation and disposal of the same," enter into a contract in writing with the Three Sisters Irrigation Company providing, among other things, for the irrigation and reclamation by said Company of certain vacant public lands of the United States within the State of Oregon in accordance with the terms of section 4 of the Act of Congress approved August 18, 1894, entitled "An Act making approptlat ions for sundry civil expenses of the Government for the fiscal year ending June 30, 1895 :end for other purposes," and the acts amendatory thereof, the area of which lends was 27,004.83 acres, and WHEREAS, thereafter and on January 7, 1904, the United States of America, acting by and through E. A. Hitchcook, Secretary of the Interior, did enter into a contract with the State of Oregon by which the United States of America bound itself, among other things, to donate, grant and patent to said State, or to its assigns, any particular tract of the lands therein described, and which were the same lands described in the contract between the State of Oregon and Three Sisters Irrigation Company above mentioned, whenever an ample supply of water should be furnished to said land, and the said contract was afterward approved by the President of the United States, and WHEREAS, Thereafter Three Sisters Irrigation Company did sell assign, set over and convey the said contract to the Southern Company, and WHEREAS, the Southern Compnlny has constructed ditches for the purpose of irrigating and reclaiming said lands, and other lands, and has also acquired certain other property situated in Crook County, Oregon, consisting of both real and personal props erty, and it has been agreed between the Southern Company and the Columbia Company that all of the property of the Southern Company should be conveyed to the Columbia Company, NOW, THEREFORE, the Southern Company, for and in considera- tion of the sum of four hundred and seventy five thousand (475,000) dollars to it in hand paid by the Columbia Company, the receipt where- of is hereby acknowledged, has granted, bargained, sold, assigned, set over and conveyed, and does by these presents, grant, bargain, sell. assign, set over, and convey unto the Columbia Company, its successors and assigns forever all and singular the following estates properties, rights and franchises, that is to say: All property of whatsoever name or nature and whether real, per- sonal or mixed, and wheresoever situate within the County of Crook and State of Oregon, now owned by the Southern Company, or to which it has any interest, whether legal or equitable, excepting therefrom the corporate deal, stock certificate book and corporate record book of the Southern Company. There is included in this description, all water. rights, rights of way, ditches, laterals, reservoir sites, reservoirs, dams, head - gates, intakes and franchises now owned by the Southern Company and also all of the estate, right, title, and interest of the Southern Company in a certain contract between the Three Sisters • Irrigation Company aft the State of Orep;on, dated the 5th day of Dec- ember, 1902, and which provides for the irrigation of twenty-seven thousand and four and eithty-three oneohundredths (27,004.83) acres of land under the terms of the Act of Congress hereinbefore referred to and commonly known as the "Carey Act," together with all liens created or secured thereby, reference being hereby had to said contract for the full ascertainment of its terms, as though the same were set forth at length herein. There is also included in the foregoing description, all con- tracts or mortgages made with or by any person or persons and which provide for, or secure, payments of the reclamation lien on the lands to be so irrigated under said contract, as fixed by the Etate of Oregon, together with all notes or other evidences of indebtedness now owned by the Southern Company secured by such contracts or mortgages. T}:ere is Llso includedin the foregoing description, all stocks, bonds, or other securities, now owned by the Southern Company and also all e o uipment s , machinery, instruments, tools, implements, furniture and other chattels, lease -holds, leases, contracts and all books9f account, maps, inventories or other documents now owned by the Southern Company (excepting only the corporation seal, stock certificate book and corporate recordbook of the Southern Cokpany) t. • and also, all rents, issues, incomes, profits, moneys, rights bene- fits and dividends heretofore derived by or which are now or may hereafter become due or arise out of any property now owned by the Southern Company and hereby conveyed to the Columbia Company. There is also included in the foregoing description, the -fol- lowing described real property situated in the County of Crook and State of Oregon, to -wit: Lots one (1),2 (two) , eleven (11) and twelve (12) in block five (5) in the Town of Laidlaw, according to the official survey and plat on file in the office of the County Clerk of Crook County, Oreton, and also the northeast quarter of the northeast quarter of Section sixteen (16) in township sixteen (16) south of range (11) eleven east, Willamette Meridian, containing eighty (80) acres. It being the intention hereby to convey to the Columbia Company all of the property of the Southern Company (with the exception above mentioned ) whether real, personal or mixed and wheresoever situate. TOGETHER with all and singular the tenements, hereditaments and appurtantes thereunto belonging or in any wise appertaining, and also all the estate, right, title and interest of the Southern Company in and to the same and every part and parcel thereof. TO HAVE AND TO HOLD unto the Columbia Company, its successors and assigns forever. IN WITNESS WHEREOF, the Columbia Southern Irrigation Company has causes this instrument to be executed en its behalf by its tresident and its corporate seal to be hereto affixed attested by its secretary this loth day of November, 1905, pursuant to authority and resolution of its board of directors and of its stockholders passed at meetings thereof duly called and held on this 10th d of November, 1905. Executed in the presence of Columbia Sout}'ern Irrigation Company, us as witnesses By E. E. Lytle, President J. W. Balin H. F. Connor (Corporate Seal) W. A. Laidlaw, Secretary. STATE OF OREGON, )ss. COUNTY OF MULTNOMAH . ) On this 10th d: y of November, 1905, before me appeared T. E. Lytle to me personally known tnd being duly sworn did say that he is the president of the Columbia Southern Irrigation Company, and that the seal affixed to said instrument is the corporate seal o f said corporation; and that said instrument was signed and sealed o n behalf of said corporation by authority of its -oard of Directors andof its Stockholders; and the said E. E. Lytle acknowledged said instrument to be the free act and deed of said corporation. IN TESTIflOIIY WHEREOF, I have hereunto set my hand and affixed my official seal, this day and year first abeve in this my certifi- cate written. H. F. Conner, (Notarial Seal) Notary Public for Oregon. Recorded Deeds 12 page 106. (Corporate Seal) MED ea. lam State of Oregon,) )ss County of Crook.) I, Warren Brown, County Clerk and ex -officio recorder o f conveyances, do hereby certify that the foregoing is a true and correct copy of the original Deed from the Columbia Southern Irriga- tion Company to The Columbia Southern Irrigating Company, as recorded in Book 12 of Deeds, pare 106, Records of said County, and of the whole of such oricrinal. In Testimony Whereof I have hereunto set my hand and official seal this 17th day of June, 1910. (Official Seal) (Signed) Warren Brown. County Clerk. • cc ARTI`ILES OF AGREIi 'ENT ) ) between ) ) The United States ) ) A and State of Oregon. Filed March 14th 1904 pt 2 o'clock P. M. J. J. Smith, County Clerk. (Record of Deeds, page 518, book 10 ) Form 5. ARTICLES OF AGREEMENT between E. A. Hitchcock, Secretary of the Interior, for and on behalf of the United States of America, and State Land Board for and on be- half of the State of Oregon. THESE ARTICLES OF AGREEMENT, Made and entered into this 12th day of January, A. D. 1904, by and between E. A. Hitchcock, Secretary of the Interior, for and on beh 1f of the United States of America, party of the first -nart , and Geo. E. Chamberlain, Governor, F. I. Dunbar, Secretary of State, and Chas. S. Moore, State Treasure er, constituting the State Land Board, for and on behalf of the State of Oregon, party of the second part, WITNESSETH, That in consideration of the stipulations and agreements hereinafter made, and of the fact that said State has, under the provisions of section 4 of the act of Congress ap- proved August 18, 1894, of the act of Congress approved June 11, 1896, and of the act of Congress approved March 3, 1901, through U. A. Laidlaw, its proper officer, thereunto duly authorized, pre- sented its proper application for certain lands situated within said State, and alleged to be desert in character, and particularly described as follows, to -wit: -- List Jo. 13 (Here add list of lu ads and total area.) These blanks should be left vacant by the State Agent. (Deeds 10, p 516 cont' ci. ) STATE LIST NO. 13 PARTS OF SECTIONS Sec. T. S.2 of SE S * of SW "= SE 4 SE 4 of SE 4 S of SW -14 SW o f NE SE 4 OF 1\171 4+ 4 NW 4 o f SE 4 E 2 of SW -1- 11W 11w of SE S 2 of SE w NE - }- of NE S - o f NE SE E A.11 N -- SE 4 N o f SW E 1. 2 S o f NW N - - of Sw4 SE+ of SWI: SWiff of NE4 SE o f ilii . o f NW* of SE o f SE* of NE -11- 1 4 ;61; R. Area 32 14 12 80.00 32 14 12 80.00 1 15 11 160.00 10 40.00 11 80.00 12 320.00 13 40.00 40.00 40.00 80.GG 14 40.00 80.00 320.00 15 40.00 80.00 160.00 22 320.00 23 640.QO 24 320.00 160.00 80.00 25 320.00 80.00 80.00 26 34 40.00 40.00 40.00 80.00 80.00 80.00 40.00 Remarks . Creeds 10, E of SE* 1VE, E f- of NW SE: of NW Wi of awe awe of r NW NW of SW Lcts 1, 2, 3 and 4 SE } of Nai SW- o f NWZ S2 of s 1 and 2 S of NE* Si of SE- SEr of SW} p518 cont' d. Lots 6 and 7 All Page lo PARTS OF SECTIONS Brought forward Ni Niof SEI NE , of SW. W} of SW- SEI of NW W* of NV SW4 SI of NEI SE4 of NW SE Ew of S- W- - of NW* l 80.00 35 160.00 80.00 40.00 80.00 4 15 12 40.00 40.00 5 156.88 40.00 40.00 320.00 6 78.73 80.00 80.00 40.00 78.30 7 639.05 Sec. 8 14 15 17 Carried forward 6152.96 T. R. Area 6152.96 15 12 320.00 80.00 40.00 80.00 40.00 80.00 160.00 15 12 80.00 40.00 160.00 80.00 80.00 Remarks. (Deeds 10, p518 cont' d.) NWS- 01' SW4 Ej of NE-3;- We ErNWe o f }IE- E of s3w1. SE� o f SW Lot 4 NE* o f NEI ofEE* of TJW liW of SE* E of SW* Lots 2, 3 and 4 Eig- E - of NW SE:1- of T4 of 13W4 mat- o 4o f SE-1- o E-4o f TSE SE j 34. E- U f SW SW± of SW> 5-- o f SE -1, SWC o f SW - S of stip o f sE4 of SES of SWC, 16 19 22 23 26 27 28 29 30 • 1 40.00 80.00 40.00 80.00 160.00 80.00 40.87 40.00 80.00 80.00 40.00 80.00 123.00 320.00 80.00 40.00 80.00 160.00 80.00 40.00 160.00 320.00 320.00 160.00 80.00 40.00 80.00 40.00 80.00 80.00 80.00 80.00 (Deeas 10, p518 cont' d. ) Lots 1, 2, 3 and 4 SE t E* of Nom. l Nt of &El-. SWC. of SES SW SW* of NEI E* of NE NWT S -- Page 2. PARTS OF SEC T I OIi S Brought forward All N1 ISE r of SW -3; of SW S* of SE - Lots 2, 3 and 4 NiV } of SE SW ai of SES We of NW4 WI= of SW + - S* of 1TE* SE of NWS. W* of SE* E-- of SW S* of NEt. 31 32 33 Sec. 34 35 1 3 8 9 10 11 160.64 160.00 80.00 160.00 80.00 40.00 160.00 40.00 80.00 160.00 320.00 Carried forward 12117.27 T. R. Area. 12117.27 15 12 640.00 320.00 40.00 80.00 16 11 80.00 24.46 40.00 160.00 80.00 80.00 80.00 16 11 80.00 40.00 80.00 80.00 80.00 Remarks i (Deeds 10, 12,518 cont' dj N-- of SEs N - of NE-1- o E1o f 1 W t y SW+ o f S Wear o f Lin SE . o f rI NE 4 1 of NES SE* of �aE4 N of SES SW- o f SE S of NE Y TAW SE* o f SWC SE* of NE* Win of NE* SE o f Nig. of NW S - N4 nit SWC. SW SE 3- r o f NE -3; o f NW-1- o W*o f NY o f SE o f SW* O f SWC of NE SWC o f EL SEr of NW* 5 : 12 Ltd 14 15 1.7 20 21 22 23 24 80.00 160.00 80.00 80.00 40.00 40.00 40.00 160.00 160.00 40.00 40.00 80.00 40.00 80.00 160.00 160.00 40.00 40.00 80.00 40.00 80.00 320.00 40.00 40.00 40.00 40.00 40.00 80.00 80.00 40.00 40.00 160.00 (Deeds 10, p518 cont' d. ) NE -e of SWC, 40.00 NE of NE -4 25 40.00 Tq of NE 80.00 SE -f of Ni' 40.00 Si of SWQ- 80.00 W2 of NES 26 80.00 Carried forward 17101.73 Page 3. PARTS OF SECTIOTNS Sec. T. R. Area Remarks. Brought forward 17101.73 S* of SEI 26 16 11 80.00 320.00 N-} 27 320.00 SE} 160.00 NE 28 160.00 NES. o f NW* 40.00 NW4 of NE4 29 40.00 NE* of NW 40.00 SW* of N* 40.00 Si of SE- 80.00 SW+ 31 175.02 per plat N-- of SE- 80.00 SW 4 of SE r 40.00 Ew of NEk 32 80.00 NW* of NES 40.00 SWl of SES- 33 40.00 SE of SW -1 40.00 EW of SW - 40.00 Ne of NE * 34 16 11 80.00 (Deeds 10, p518 contd, } SW:4.-- f NE* NV'11. o f SE 3 of SE4 IT o f SE S1 of SW4 Lots 1, 2, 3 W- of SE* si' I~ L A11 All s-� Lots 3 and 4 E�- Nf4 E - of SW N NW o SW Wj of NW N� N2 of SES= Nt of SW* Ste of Sit r E Rim 0 of NW4 of SW* Lot 1 Lots 3 and 4 35 and 4 3 4 5 6 7 8 9 10 17 18 19 ITE±o f SE 4 SE of SWk 31 40.00 ,40.00 80.00 80.00 160.44 80.00 16 12 29.92 80.00 160.00 351.96 356.88 309.76 310.00 70.32 320.00 160.00 80.00 320.00 40.00 160.00 80.00 320.00 80.00 80.00 40.00 320.00 80.00 80.00 35.32 71.24 311.10 40.00 40.00 (Book 10 of deeds, page 518 cont'd.) Lots 3 and 4 69.50 All 1 17 11 640.00 NEA 2 159.96 Lot 4 39.92 Se of LiWi 80.00 SWC of SWA 2 40.00 Carried. forward 24832.63 Page 4 PARTS OF SECTIONS Sec. a. R. Area Brought forward 24832.63 NE* 3 17 11 159.55 Ni of SE* 80.00 Sw} of SE . 40.00 E4 of NW* 79.59 SW: 160.00 SW4_ o f NE4 4 40.00 Sb 320.00 W1 of NEA 5 79.55 7of SE►A 80.00 1 158.99 NWA. 6 174.52 NW* 9 160.00 SEA 160.00 SEA of NEA 10 40.00 NWA 160.00 W: - of SW} 80.00 NEA of SW- 40.00 NE* 11 160.00 Total - -- - 27004.83 Remarks. Page 5 and has filed a map of said lands, and exhibited a plan showing the mode by whichit is proposed that said lands shall be irri gated and reclaimed, End the source of the water to be used for that purpose, the said party of the first part contracts and agrees, and by and with the consent ancj_ approval of Theodore Roose- velt, President thereof, hereby binds the United States of .Merica to donate, grant and au. tent to the said State, or to its assigns, free from cost for survey or price, any particular trants of said lands whenever an ample supply of water is actually furnished in a sub - wells stantial ditch or canal, or by artesian„or reservoirs, to re- claim the same, in accordance pith the provisions of said acts o,{ Congress, and with the regulations issued thereunder, and with the terms of this contract, at any time within ten years from the date of the approval of the said map of the lands. It is further understood thct said State spall not lease any of said lands or use or dispose of the same in any way whatever except to secure their reclamation, cultivation, and settler.��ent ; and that selling and disposing of them for that purpose the said State may sell or dispose of not more than 160 acres to any one person, and then to bona fide settlers who are citizens of the United States, or who have declared their intention to become such citizens; and it is distinctly understood and fully agreed that all persons acquiring title to said lands from said State prior to the issuance of patent, as hereinafter mentioned, will take the same subject to all the requirements of said acts of Congress and to the terms of this contract, and shall show full compliance therewith before they shall have any claim against the United States for a patent to said lands. It is further understood and agreed that said State shall have full power, right, andauthority to enact such laws, and from time to time make and enter into such contracts and agreements, and to create and assume such obligations in relation to and con- cerning said lands an may be necessary to induce and cause such irrigation and reclamation tkereof as is required by this contract (Deeds l0, page 518 cont'd) and. the said acts of Congress; but no such law, contract, or obli- gation shall in any way bind or obligate the United. States to do or perform any act not clearly directed and set forth in this con- tract and said acts of Congress, and then only after the requires ments eq ire- ments of said acts and contract have been fully complied with. Neither the approval of saidapplication, map, not the segreg‘- tion of said land by the Secretary of the Interior, nor anything in this contract, or in the saidacts of Congress, shall be so construed as to give said State any interest whatever in any lands upon which, at the date of filing of the map and plan herein- before referred to, there may be an actual settlement ,,y a bona fide settler, qualified unc"er the public land laws to acquire title thereto. It is further un: er.=tood and agreed that as soon as an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particus lar tract of said lands, the said State, or its assigns, may make proof thereof under andaccording to such rules and regulations as may be prescribed theredor by the Secretary of the Interior and as soon as such proof shall have been examined and found to be sate isfactory, patents shall issue to said State, or to its assigns, for the tracts included in sold proof. The said State shall, out of the TVioney arising from its disposal of sai`lands, first reimburse itself for any and all costs and expenditures incurred by in in irrigating and reclaiming said lands, or in assisting its assigns in so doing, and any surplus then remaining after the payment of the cost of such reclamation shall be held as a trust fund to be applied to the reclamation of other desert lands within the State. This contract is eiecutedin duplicate, one copy of which shall be placed of record and remain on file with the Commissioner of the General Lend. Office, and the other shall be placed of record and remain on file with the .roper officer of said State, and it shall be the duty of said State to cause a copy thereof, together (Deeds 10, page 518 cont' d. ) with a copy of all rules and regulations issued thereunder or under said acts of Congress, to be spread upon the deed records of each of the counties in s: id. State in 7hich any of said lands shall be situated. In testimony whereof, the said parties have hereunto set their hands, the day cnd year first herein written. J. I. P. A. M. E. A. Hitchcock Secretary of the Interior. State of Oregon By Geo. E. Chamberlain, Governor. (Official Seal) Attest G. G. Brown Clerk. Constituting the State Land. Board. • APPROVAL. To all to -,whom these presents shall come, GREETING: Know ye that I, Theodore Roosevelt, President of the United States of America do hereby approve and ratify the attached contract and agreement, made and entered into on the 12th day of January, 1904, by rind between E. A. HITCHCOCK, Secretary of the In- terior, for and on behalf of the United States, and Geo. E. Chamber- lain, Governor, E. I. Dunbar, Secretary of State, Chas. S. Moore, State Treasurer, --(The State Lima Board) , for and on behalf of the Stateof Oregon, under section 4 of the act of Congress approved August 18, 1894, the act approved June 1896 ana the act approved Marsh 3 1901. Theodore Roosevelt. These blanks shouldbe left vacant by the State Agent. General Land Office, Railroad Division (F), December 23, 1903. I hereby certify that this contract has been exarninet. and compared with the duplic'te, and found to be identical therewith; that the tracts therein described are duly indicrted, on the map filed with said contract, and are shown by the records of this office to have been vacant and unanpro ariated. C. A. Obenchain, Examiner. Approved: -W.P.Jones, Acting Chief of Division. Mineral Division, December 29, 1903. This certifies that the tracts selected herein were not returned as mineral and are not in townships containing mining claims of record in this office. C. A. Hollingsworth, Approved: -C. C. Heitman Examiner. Acting Chief of Division. ##P1714TWIii# State of Oregon, ) : SS. County of Crook, ) 1, Warren Brown, County Clerk andex-officio recorder of conveyances do hereby certify that the foregoing is a true and cor- rect copy of the original Contract and Agreement between The United States and the State of Oregon, as recorded in Book 10 of Deeds, page 519, Record s of said County, and of the whole of such original. In Testi ony Whereof I have hereunto set my hand and official seal this 17th day of June, 1910. (Official Seal) (Signed) Warren Brown, County Clerk RULES FOR, TAE DISTRIBUTION OF WATER OF THE COLUMBIA SOUTHERN IRRIGATION COMPANY )Filed June 13, 1906 at 10 o'clock A.M. J.J.Smith,County Clerk. .) (Record of Water Rights, page 327) RULES and REGULATIONS Regarding the Distribution of Water for Lands Reclaimed by the State of Oregon by Contract with the Columbia Southern Irrigation Company. (1) The Columbia Southern Irrigation Company, its successors and assigns (for convenience hereinafter called the company) will furnish a supply of water for the irrigable land in each tract in the segregation described in the contract between its predecessor in interest and the State of Oregon, and the cons tract on - tract concerning the same between the Secretary of the Interior of the U.S. and the State of Oregon, sufficient under reasonably skillful irrigation and cultivation to thoroughly irrigate and reclaim it and prepare it to raise ordinary agricultural crops in accordance with the law and the contracts heretofore entered into between the company's said predecessro and the State of Oregon and between the State of Oregon and the Secretary of the Interior of the United States. (2) The irrigation season shall be from April 1 to November 1 of each year, and during the period of Maximum use from May 23 to August 20 (90 days) of each year the Company shall deliver to each settler, has heirs, personal representatives or assigns, owning lands reclaimed by contract with the State of Oregon,(for convenience hereinafter called "The Settler" ) an amount of water,measured at the point of delivery to his land, which will cover each acre of irrigable land to a depth of one and eight -tenth (1.8) feet or so much thereof as shall be suffi- cient to thoroughly irrigate and reclaim said lands and prepare them to raise ordinary crops, as provided in rule number one (1) a (Page 327 Water Rights, cont' d. ) (3) Water shall be delivered to the lands of each settler at the highest practicable point or points which can be reached by a gravity flow, which point or points are best adapted to reclaim all the irrigable lands owned by such settler. Said point or points of delivery shall be ascertained and determined by the Chief Engineer of the Company, and in case of dispute between the Chief Engineer of the Company and the Settler, as to the proper point of delivery, the question shall be submitted to the State Engineer and the engineer of the Company, who shall chose a third arbitrator in case of disagreement, their descision to be final. (4) The settler shall contract all necessary distribut- ing ditches from the point or points of delivery to his lands for the proper irrigation of his orn lands, andshall keep the same in good repair at his own cost and expense. (5) The annual maintenance charge shall be paid on the irrigable land in each tract on or before June lst in each season, but if the settler desires further time in which to pay said main- tenance charge, upon signing a contract giving the Company a lien for the amount of such charge upon all his interest in the land to be irrigated, then he may have until November let of the salve season within which to pay the same, without additional charge for interest. (6) Each settler shall be entitled to use water only on the lands segregated by the Company. - (7) If, from natural cause, there should be a shortage in the water supply, then the amount to which each person shall be entitled shall pepresent such part o f the aggregate quantity of water as his full amount bears to the total amount of water under all water rights sold on said segregation. In case of shortage due to damage to ditches, dams of flumes, which the Company exer- Ir (Page 327 Water Rights, cont' d. ) cising ordinary prudence could have avoided, a proportionate dee duction shall be made by the Company in its annual charge for maintenance. (8) The Company have constructed, and will maintain and operate a telephone line or lines over its main canals in in order that it may bo„quick communication with the source of supply, enabling it to better carry into effect the distribution of water. (9) All persons are forbidden to disturb, pollute, or cause to become impure, the water in any of the flumes, canals, laterals, or subataterals of the said Company, or to allow any act to be done by which the same may become so, and shall not erect or cause to be erected or placed within 200 feet of any canal or lateral ditch of the irrigation system of the said Com- pany, any stable, corral, hodhouse, poultry house or yard, butcher- ing house or yard, water closet, cesspool, manure Dile, compost heap or other structure or inclosure or condition productive of offal or any refuse injurious to health that might befoul the water in said canal or ditches; or to permit any domestic animal or poultry, garbage, offal, manure, slops or refuse of any sort wither in his control to injure or in any way befoul any canal or ditch of the said company. All persons are aleo forbidden to pollute or befoul in the manner above stated or otherwise the water in ditches entirely upon their own land unless said ditches shall terminate within not less than 200 feet of the boundary line. If any person shall violate any of the provisions of this rule 9, the Company shcll notify him to at once desist there- from, and if such person shall not at once comply with said notice the Company shall immediately shut off the said person's supply of water. (10)Said water shall be used by the settler to irrigate the land belonging to him in this segregation, unG no other land, and ij - t (327 water Rights, cont' d. ) for no other purpose excelt for domestic purposes and for stock kept for use thereon. Under no circumstances shell said water or any portion thereof be used for pining, milling or mechanical power or for any other purposes not directly connectedwithor incidental to the purposes herein mentioned. (11) The Company shall have the raght to turn the water o ff said or any of the lateral or service ditches at any time, for the purpose of cleaning or repairing the same, or rerairing dam, o r putting in new or other waste wiers, headgates, waste gates, service gates, bridges or any of the appurtenances of saidcanal o r ditches then necessary to prevent damages to itself or any settler or necessary for supplying the water to the settlers at the time, but the water not so to be turnedout in the irrigation season any longer than is necessary for such purposes. (12) All or any of the above rules and regulations may be changed or amended and such other rules and regulations as later e xperience will show advisable may be €.dopted. All amendments of new rules and regulations relating to the distribution of water shall be sumbitted to the State Land Board for its approval before becoming operative. (13) The Company will ctuse there rules and all amendments thereto and such new rules and regulations as may be adopted, to be ✓ ecorded in the records of the county in which any of the lands ✓ eclaimed by it are situated. (14) Bothsng in these rules contained shell be construct- e d to alter or affect the ri c,ht s either of the settler or of the Company under the law or under the said contract with the State, or the contract between the State and the Secretary of the Interior. I hereby certify that the foregoing are the rules of the Columbia Southern Irrigation Company for the distribution of water duly adapted as theCompany rules of said Com directors p ,� by its board of o.lr eetors at a meeting of said board duly held by it at the office of said Company in Portland, Oregon, on the 15th day of March, A.D. 1906. J. W. Blain, (C.S.I.Co) Secretary. ( Seal ) r State of Oregon, SS. County of Crook. 1, Warren Brom, County Clerk and ex -officio recorder of conveyances, do hereby certify that the foregoing is a true copy of the original Rules and Regulations of the Columbia Southern Irrigation Company as recorded. in Water Record, page 327, Records of said County, and of the whole thereof os such original. In Testimony `hereof 1 have hereunto set my hand and official seal this 18th day of June, 1910. (O&ficivl Seal) (Signed) Warren Brown, County Clerk. • • • IRRI6A ION COMPANY COURTS INVESTIGATION The Oregon, Washington & Idaho Finance Co. Which Takes Over the Holdings of the Columbia South- ern Irrigating Co. Does Not Intend to Keep Their Plans Secret, But Invites the Closest Investigation of Their Contract and Agreement With the State and Methods of Doing Business [From Laidlaw Chronicle, March 17, 1910] Contrary to the practice and custom pursued by the Columbia Southern Irrigating Co. in the conduct and management of its af- fairs with the settlers and water users in this segregation, the Or- egon, Washington & Idaho Finance Co., which has taken over the business of the above company, courts the utmost publicity in its dealings with the state and the water users. The bond the com- pany has given to the state compels them to do about $40.000 worth cf preliminary work on their segregation before November of this year, and a corps of engineers and surveyors are already in the field making a new topographical survey of the project. The company has secured most of the land for the reservoir site where it is intended to build a large reservoir to store the flood waters of the Tumalo. For the benefit of the public and in- terested persons the Chronicle publishes the full text of the con- tract and agreement entered into by the company and the state, which is as follows: This agreement, made and en- called the first party, and the tered into this 30th day of De- Desert Land Board of the state cember, 1809, by and between of Oregon, hereinafter called the the Oregon, Washington & Idaho second party, witnesseth: Finance Company, hereinafter (1) That for and in considera- tion of the covenants and agree- ments hereinafter contained, to be done and performed by the second party, the party of the first part hereby agrees to make and furnish the surveys, plans, syecifications, estimates, and do all other things in connection therewith and herein provided within eight months from the date of this agreement, to -wit: (1) To make from actual sur- vey and submit to the second party a topographical map of lands in Crook county, Oregon, indicated on the attached map, "Exhibit A", being the lands in- cluded in the segregation of the Columbia Southern Irrigating Company, and also the reservoir sites to be used in the reclama- tion of said lands, such map to show the topography of said lands and reservoir sites by con- tours of not more than ten foot intervals and by contours of five foot intervals wherever and whenever the irregular topog- raphy of the surface renders it expedient in the judgment of the State Engineer. Said map shall be made on a scale of five hundred (500) feet to one (1) inch and to show by suitable symbols all rocky and waste lands. (2) To dig test pits, or make borings in the dam sites at such frequent intervals as to deter- mine with reasonable certainty the actual location of bed -rock. 2 (3) To make from actual sur- veys and submit to the party of the second part a topographic map of dam sites, on a scale of not less than one (1) inch to one hundred (100) feet, and contour intervals of two and one-half (2fr) feet, showing in detail all test pits and plans of the proposed structures, outlets, waste -ways, etc. (4) To actually locate the main feed canal on grade from Tumalo Creek to the proposed Wimer Flat reservoir site, and prepare and submit to the sec- ond party a topographic map of said canal, drawn to suitable scale, and prepare and submit to the said second party a profile map of said canals, showing the depth to bedrock, at frequent intervals, as determined by occa- sional test pits, borings or sound- ings with iron bar. (5) To prepare and submit to the party of the second part a map showing location of all pro- posed canals of the distributory system, including canals of pre- sent system as may be used or enlarged, on which map all land to be irrigated shall be shown and classified as irrigable, rocky, waste -land, land too steep to irri- gate, land too high to be irrigated by gravity flow by canal system proposed. Upon said map shall be shown the approximate capac- ity of each ditch, and irrigable acreage in the district which each ditch is designed to irrigate. Such lands in the segregation shall be designated in some suit- able manner from land outside of the segregation, which it is proposed to irrgate from the proposed system and storage works. (6) To prepare and submit to the party of the second part com- plete specifications and estimates of costs for the construction of the complete reclamation system necessary to reclaim land intend- ed to be irrigated. (7) It is understood and agreed by the parties hereto that in the making and preparation of the foregoing maps, topographic and otherwise, and the plans and specfications, estimates, etc., and in the doing of the things requir- ed to be done by the foregoing paragraph, the party of the first part shall have full and free ac- cess to and the right to make such use as it may deem appro- priate for its purpose of all data touching such matters heretofore accumulated by the State Engi- neer, or under his authority or direction, and also such as was prepared for use in the case of State of Oregon v. the Three Sisters Irrigation Company et al. tried in the Circuit Court for the District of Oregon. (8) As a guaranty for the faithful performance by the party 3 of the 'first part, of all the terms and conditions of this agreement, to be by it kept and performed, and within the time herein speci- fied, and said party of the first part shall execute to the State of Oregon, at the time of the exe- cution and delivery of this con- tract, a bond in the penal sum of five thousand ($5,000) dollars, which bond shall be conditioned for the faithful performance of all the conditions of this agree- ment to be kept and performed by the first party, and said bond shall be executed by first party, and by a surety company, satis- factory to second party as sure- ty. In the event that said reclama- tion project shall appear to be reasonably feasible from the data to be assembled, as provided in this contract, or from other data, or both, and first party shall fail or refuse to execute a permanent contract, substantially in the form of "Exhibit B" attached hereto. as provided in this agree- ment, then and in that event, the party of the first part shall forfeit to the State of Oregon the bond provided for in this para- graph and the amount thereof, as fixed and liquidated damages for such failure or refusal, as the case may be. In determining the feasibility of such reclamation project, regards should be had, in addition to engineering con- ditions, to the situation with ref- erence to outstanding water right contracts. (9) In the event that the said reclamation project shall be not deemed reasonably feasible, or in the event that the party of the first part shall fail or refuse to execute a permanent contract, as provided in paragraph 8 hereof, then and in that event, at the ex- piration of the time limited here- in, the said party of the first part shall surrender or assign, or cause to be surrendered or as- signed, to the State of Oregon, or to such board, body, officer, person, or corporation as the De- sert Land Board of the State of Oregon shall designate, all of the maps, plans, specifications, esti- mates, and data whatsoever, re- quired to be prepared and sub- mitted by this agreement, and also the contract entered into be- tween the State of Oregon and the Three Sisters Irrigation Com- pany for the reclamation of the segregation hereinbefore men- tioned, which contract was as- signed to the Columbia Southern Irrigation Company, and there- after to the Columbia Southern Irrigating Company, and which surrender and assignment shall carry with it all rights, titles, and interests whatsoever, de- pending upon, growing out of, or in any manner incident to the said contract. 4 (10) In consideration of the performance by the first party of the things to be done and per- formed by it, as herein enumer- ated, the party of the second part agrees to enter into a reason- able contract with the first party, or its assigns, upon the comple- tion and submission of the fore- going data and information, for the reclamation of the lands in- cluded in the project herein out- lined, which contract shall be substantially in accordance with the provisions contained in the form of agreement attached here- to and marked ` `Exhibit B". The party of the first part, for itself and its assigns, hereby agrees to enter into such reason- able contract, within ninety days from the submission of the above mentioned data and information, and upon failure or refusal so to do, the bond provided for herein shall be forfeited as provided in section 8 hereof. In witness whereof, the parties hereto have hereunto set their hands and seals the day and year above written. OREGON, WASHINGTON & IDAHO FINANCE CO. By Otis B Wright, its President. OREGON, WASHINGTON & IDAHO FINANCE CO. By Alma D. Katz, its Secretary. 5 DESERT LAND BOARD OF THE tially in accordance with the STATE OF OREGON, terms and conditions herein spec- ified. By F. W. Benson, Governor, Chairman. DESERT LAND BOARD OF THE STATE OF OREGON. By John H. Lewis, Secretary. EXHIBIT B MEMORANDUM OF AGREEMENT For reclamation of the Colum- bia Southern Segregation, to be executed by Oregon Washington & Idaho Finance Company, or its assigns, as first party and the Desert Land Board of the State of Oregon, as second party, pur- suant to the terms of the agree- ment to which this memorandum is attached as an exhibit. I Party of the first part having acquired all right, title, and in- terest of the Three Sisters Irriga- tion Company, the Columbia Southern Irrigation Company, and the Columbia Southern Irri- gating Company, in and to a cer- tain contract with the State for reclamation of lands in Selection List No. 13, hereby relinquishes and delivers to second party said contract, and all its rights, title, and interest therein, for and in consideration of the agreements herein contained, agreeing, how- ever, to assume all liabilities of said companies, and to complete said reclamation system substan- II LIEN. First party entitled to lien on all unsold land in segre- gation, as shown by Exhibit A annexed of $50.00 per irrigable acre, and $2.50 to $5.00 for each waste acre, together with inter- est at 6 per cent from date of re- clamation. Purchasers' contract forfeited in case of non-payment of principal or interest within one year from date due. III RECLAMATION, CULTIVATION AND SETTLEMENT. Second party agrees to require its purchaser to make proof of reclamation, culti- vation and settlement within three years from and after Jan. lst, 1911, in accordance with the rules of the Desert Land Board of the State of Oregon. Prior purchasers shall be subject to the same conditions. The rights of purchasers shall be forfeited in case of failure to make either proofs or payments. IV SALE OF WATER RIGHTS AND STOCK. In satisfaction of lien, water rights shall be sold by par- ty of first part to qualified appli- cants, which shall be perpetual in nature. One water right shall be sold for each irrigable acre in lands in Exhibit A, or which may be hereafter placed under the 6 terms of this contract. Each shall assume charge and control water right shall be evidenced by of the reclamation system. one share of stock in the Water Users corporation, which stock shall convey a proportional inter- est in reclamation system and all its franchises, etc., and shall be transferable only with the land. Water rights and stock may be sold to irrigable lands outside of the segregation, upon same terms and conditions as for lands in segregation; provided no sale unless list of lands submitted to Board and Board shall have en- tered an order permitting such sale; provided further in no case shall more water rights and stock be sold than supply of water is amply adequate to supply, after allowing sufficient for entire seg- regation, unless irrigable land unsold in segregation relinquish- ed of equal area with outside land supplied. VI The contract between the par- ty of the first part and purchasers of water rights etc. shall define the amount of water to be sup- plied during the irrigation season from April 1st to November 1st of each year, and shall provide for measurements, distribution, delivery, etc. Said contract shall provide for a minimum of one and eight tenths (1 8-10) acre feet of water to be delivered dur- ing the maximum irrigation sea- son, between May 23rd and August 20th of each year, and for a maximum, between April 1st and November lst, of two and one fourth (23) acre feet. The quantity within the said maximum and minimum to be determined by the Desert Land Board of the State of Oregon. V VII WATER USERS CORPORATION. PAYMENT. Purchasers may p.ay As soon as practicable after date cash in full, if they desire, other- of this agreement and prior to wise may pay on such terms as sale of any water rights by first may be agreed upon,p rovided party, a Water Users Corporation not less than one-eighth cash and shall be organized and incorpor- balance in ten pay- ated equal annual ay - ated by first party, with articles rents. of incorporation approved by VIII second party; total number of MAINTENANCE FEE. Lf n til con - shares of stock to be equal to trol passes to water users cor'- number of acres to be irrigated. poration, firstart allowed p y When 80 per cent of shares of maintenance fee of 80 centsp er stock in such corporation are sold irrigable acre per annum. Per - and fully paid for, said corporation petual annual maintenance fee on lands previously sold of $1.00 per irrigable acre, unless settler takes new form contract as herein provided. Failure to pay mainte- nance constitutes lien and may be foreclosed, etc. IX CHANGE FROM OLD CONTRACTS TO NEW FORM. Any holder of contracts previously purchased from the segregation, who, prior to the first day of November, 1909, have actually settled upon, improved and reclaimed all, or not less than 15 per cent of the irrigable land embraced in their several contracts ,may, upon pay- ment of the sum of $15 per acre for each acre of irrlgable land, in addition to the lien provided for by existing contracts, have all the rights and privileges ac- cruing to persons purchasing contracts under the increased lien, as herein provided. All other holders of existing con- tracts shall be required to take out new contracts under the in- creased lien, as herein provided, or may surrender their contracts, receiving repayment of money paid. In all such cases, the holders of existing contracts shall be entitled to full credit for all sums paid upon existing con- tracts. All lands released from existing contracts by surrender or cancellation of existing con- tracts shall be open to sale under the provisions of this contract. 7 In the event that any person holding any existing contract or water rights upon the segre- gation fails or refuses to con- form to the foregoing require- ments of this paragraph, such contract -holder shall only be en- titled during the ordinary irriga- tion season, or any other time, to his pro rata share of the nom- inal flow of Tumalo Creek during the irrigation season, and shall not be entitled to have or use any interest or portion whatsoever of the conserved water of Tumalo Creek, and such pro rata shall be determined by apportioning to each acre of irrigable land upon the segregation its proportion of the nominal flow of Tumalo Creek during the irrigation season. X RIGHT OF WAY. First party granted right of way over lands in segregation for canals, etc. on usual terms. XI DETAILS OF CONSTRUCTION. First party agrees to construct a reclamation system, substantially in accordance with the plans and specifications to be attached to this agreement when executed in permanent form, which plans and specifications shall be first ap- proved by second party hereto; Provided, however, that as the work upon such reclamation pro- ject progresses and it may be found expedient to deviate from • 8 such plans and specifications as to details of construction, such deviations may be made, upon written approval of the State Engineer, without in any wise affecting the other provisions of this contract, or the force and validity of the bond given to guarantee the performance here- of. XII LIEN APPORTIONED AND DATE OF OPENING. No water rights nor shares of stock shall be sold by first party until lands have been opened for entry and sale by order of second party, and second party shall enter no such order until adequate supply of water is assured. Prior to second party entering such order first party shall submit to second par- ty topographic maps showing ir- rigable and non irrigable lands in Construction work shall be taken up by the party of the first part and completed in districts of moderate areas, from 2,000 to 5,000 acres, and as such modified areas are reclaimed, they shall be thrown open to settlement by the party of the second part. XIII TRANSFER OF CONTROL. First party agrees to transfer system in good condition and repair, free from incumbrance, to Water Users Corporation when 80 per cent of stock paid, retaining a proportional interest represented by the amount of stock for the unsold land and for the irrigable acreage in land previously sold which has not taken out new contracts as herein provided. XIV RELEASE OF LIEN. Prior to each smallest legal subdivision, release of lien, water rights ap- and constructed and proposed purtenant to land shall represent canals, together with a list in only the right to use water on duplicate showing number of land, and not vest in purchaser acres in each tract, number of until lien fully paid, at which irrigable acres, non -irrigable time a complete release of lien acres, acres taken by road and shall be issued by first party, and canal right of way, and price for at the same time first party shall each smallest legal subdivision, transfer to purchaser shares of which price in no case shall ex- stock as hereinabove provided, ceed the lien per acre hereinbe- which transfer shall be noted on fore agreed upon. Upon approv- books of Water Users Corpora - al of such map and list second tion. Such release of lien shall party shall enter an order open- be issued in triplicate, and one ing such land for entry and sale copy delivered to applicant, one at price set forth in said list. copy filed with second party. XV BOOKS OPEN TO WATER USERS. Prior to transfer of system, books pertaining to water distribution or accounts and transfer of stock shall be open at all times to inspection by water users. XVI BOND FOR PERFORMANCE OF CONTRACT. Within thirty days from execution of this agreement, first party agrees to furnish sec- ond party with a good and suffi- cient bond in the penal sum of $40,000.00 as a guaranty of the faithful performance of this con- tract, which bond shall be approv- ed by second party, and failure to furnish satisfactory bond, as herein provided, shall render this contract null and void. XVII RECLAMATION FUND. First party agrees to pay to second party for Reclamation Fund $1.00 per acre for each acre sold or placed under the provisions of this contract, as herein provided, which payment shall be made out of the first payment to first party from purchaser, and shall be transmitted to second party at the time application and contract are sent in for approval as here- inafter provided. XVIII TIME. First party agrees to commence actual construction work within three months from date of this contract and to pros - 9 ecute work diligently to ccm- pletion, and have all done and completed within three years from January 1, 1911, unless an extension of time shall be grant- ed for reasonable cause by the party of the second part. XIX INSPECTIONS. First party agrees to pay for all necessary inspection made by the state engineer, or by second party, and pay all ne- cessary expenses incurred by the state incident to the reclamation of lands in the segregation. XX DATE OF RECLAMATION. Date of reclamation shall be under- stood to mean date proof is furn- ished secretary of interior that land is reclaimed. XXI EXECUTION OF PAPERS. Sec- ond party agrees to execute all papers necessary to be executed by the state. XXII AGREEMENT WITH SETTLERS. Any qualified applicant desiring to purchase water rights and stock, may make application to State for same, through the first party, and enter into contract for purchase of such water rights, stock, and release of lien with first party for not to exceed 160 acres. Such application and con- tract shall be executed in tripli- cate, and all copies forwarded to second party within ten days of 10 execution for approval by sec - on d party, and no application or contract shall be valid without second party's approval endorsed thereon. Upon approval, one copy shall be retained by second party and remainder returned to first party, who shall deliver one If the quantity of irrigable land in any legal subdivision is in ex- cess of the quantity provided in the contract with the purchaser, the purchaser shall pay for such excess of irrigable land the price fixed by the contract for water rights appurtenant to irrigable copy of application and one copy land. If the quantity of the ir- of contract to applicant. If for rigable lands, so specified in the any cause second party refuses to contract, is in excess of the actual approve application or contract, quantity of irrigable land in any first party shall refund to appli- legal subdivision, the purchaser cant all money paid therefor. shall be entitled to a correspond- XXIII ing reduction. If the company FORMS. Forms of application and the purchasers are unable to and agreement, contract for pur- agree upon the terms of any such chase of water rights, stock, and adjustment, the whole matter release of lien; release of lien, shall be submitted to the Desert share of stock, assignment of Land Board of the State of Ore - contract, are hereto attached gon for final decision. marked Exhibits "C", "D", "E" XXV and "F", respectively, and are UNIT FOR DISTRIBUTION. Forty forms to be used in carrying out acre tracts shall be the unit for the provisions of this contract. distribution. In the event that Any other forms necessary to be the topography of any forty acre used shall be approved by second tract is such that the entire area party before adoption by first cannot be irrigated from one lat- party. eral, or feed canal, then and in XXIV that event, the purchaser shall ERRORS IN COMPUTATION. In be entitled to the service of other the event that a computation of feed canals to the end that his the irrigable and non -irrigable entire irrigable area shall be ir- area, preliminary to the execution rigated, upon payment of the of a contract to any purchaser of additional cost and expense in - water rights, is erroneous, such cident to the construction, main - error may be corrected at any tenance, and operation of such time within one year from the additional canals. execution of the contract, in the It is understood that this mem- following manner: orandum is not in its permanent 11 form, and that the details of the various matters herein considered shall be amplified when an agree- ment in permanent form is pre- pared for execution by the re- spective parties. However, the permanent form of the agree- ment shall in all substantial re- spects, conform to the provisions hereof, except where changed or modified by mutual agreement of the parties. This is to certify that .I have compared the foregoing with the original Agreement and know the same to be a true and correct copy thereof. [SEAL] T. A. RUTHERFORD, Notary Public for Oregon. Dated at Portland, Oregon, this 17th day of February, 1910. Following is a sample copy of a letter that has been sent out to all holders of contracts in the segregation: We wish to call your attention to the contract as published in the Laidlaw Chronicle of March 17th, a copy of which has been mailed to you under separate cover at our request, in order that you may have a copy for reference and also that you will know exactly the status of the Columbia Southern Ir- rigation project and the terms under which we are working with the State. For your information beg to advise that we have our engineers in the field in compliance with the terms of the preliminary contract, and that we have taken steps to secure the reservoir site, also that we expect the engineering work to be completed during the month of June. It is our desire that you, and each contractor, notify us definitely in writ- ing by June 1st as to your decision with regard to the new lien referred to in the contract. In explanation, those contract holders who have established and made improvements upon their land will be entitled to the conserved waters and will receive a perpetual water right by consenting to the increased lien to $25.00 per acre. However, this is not made compulsory, as this class of con- tract holders will be entitled to their pro rata of the natural flow of the Tumalo Creek during the irrigation season without additional cost to that named in their present contracts. Under the Carey Act and the rules laid down by the State Land Board, it is required that each applicant or con- tract holder shall establish residence and make improvements before he can secure a deed to the property from the state, and the contract holder under these rules must be a resident at the time of making final proof and applica- tion for deed. All contract holders who wish to con- tinue their contracts under the new lien basis will be given full credit for all moneys paid in under their old con- tracts, including interest, and a new contract, under which a perpetual wat- er right is guaranteed, will be issued in lieu of the contracts they now hold. All contract holders who do not wish to proceed under the new lien ba- sis are requested to notify us in wri- ting at our office 505 Couch building, Portland, Oregon, on or before June 1, 1910, and this class of contract holders will be instructed to forward their con- tracts to the Merchants National Bank, Portland, Oregon, and receive back the actual amount of money paid in on their contracts, as shown by the books of the Columbia Southern Irrigation Company, and their contracts cancelled. The contracts so cancelled will be taken up when the permanent contract be- tween the State of Oregon and the new company is entered into in August, 1910.