A hydrographic map on a scale of 1,000 feet to 1 inch is being made of the lands and irrigation system below the proposed diversion. The measurement of ditches and collection of other data relating to use of water from Umatilla River above this point is being done by the State engineer at the expense of the State.

UNPATENTED LANDS AND EXCESS HOLDINGS.

Of the total area of irrigable land under the project less than 1,000 acres remain unpatented or not entered. Each odd section of land is either patented to or claimed by th Northern Pacific Railway Company under railroad grant. Other lands have been entered in a few cases by homestead entries, but generally by desert-land entries, planning to reclaim the lands by water from one of several ditches either proposed or partly constructed. Of these latter the Maxwell Land and Irrigation Company owns the most extensive, and with other rights has acquired by purchase the title to between 8,000 and 9,000 acres of land which would come under the proposed Government project. Negotiations are being carried on with the several excess landowners looking toward the acquirement of their rights, and an agreement on their part to subscribe their excess holdings. Withdrawals from all entry have been made for lands covering the reservoir site and irrigable lands.

CENTRAL OREGON PROJECTS.

The Silver Creek, Chewaucan, Ana River, Silver Lake, and Odell and Crescent lakes projects, in central Oregon, have been referred to at length in the Third Annual Report, second edition, pages 471 to 486.

No further investigations have been made during the past season of these projects, except for the Silver Lake project, in which an examination was made as to the feasibility of diverting across the divide to the north into Silver Creek some of the streams which now empty into the Sycan Marsh. This appeared feasible, but little information is available as to the discharge of these streams. Practically no data could be had as to the discharge of the streams of central Oregon prior to the summer and fall of 1904, when gaging stations were established on all the streams affecting these projects. Owing to the time and expense involved in making frequent trips into this part of the State, a hydrographer has been stationed at Silver Lake, and gives his entire time to the work at this and certain other stations.

COOPERATION WITH THE STATE.

The Oregon State legislature on February 16, 1904, passed an irrigation act, providing, among other things, for cooperation with the United States in hydrographic and topographic surveys and in the construction of works for the development and use of the water supply of the State.

The following is a copy of the law, which became effective on May 18:

SECTION 1. Appropriation of water.—Any person, association, or corporation hereafter intending to acquire the right to the beneficial use of any waters for the reclamation of arid lands shall post in a conspicuous place at the proposed point of diversion a written or printed notice containing the name of such applicant and the stream or other source of supply of such water, a brief description of the point of diversion and the nature of the beneficial use to which such waters are to be applied, and the exact date of posting, and shall within fifteen days thereafter file in the office of the clerk of the county in which such notice is posted a duplicate thereof so attested, and shall within thirty days thereafter file in the office of the State engineer a certified copy of such duplicate as filed in the office of the county clerk, which shall be accompanied by such information, maps, field notes, plans, and specifications as may be necessary to show the method of construction. All such maps, field notes, plans, and specifications shall be made from actual surveys and measurements, and shall be retained in the office of the State engineer: Provided, That appropriation of water by the United States shall be made as provided

in section 2.

SEC. 2. Appropriation of water by United States. Whenever the proper officers of the United States authorized by law to construct works for the utilization of water within this State, shall file the office of the State engineer a written notice that the United States intends to utilize certain speci fied waters, the waters described in such notice and unappropriated at the time of the filing thereof shall not be subject to further appropriation under the laws of this State, but shall be deemed to have been appropriated by the United States: Provided, That within a period of three years from the date

of filing such notice the proper officer of the United States shall file final plans of the proposed works in the office of the State engineer for his information: And provided further, That within four years from the date of such notice the United States shall authorize the construction of such proposed work. No adverse claims to the use of the water required in connection with such plans shall be acquired under the laws of this State except as for such amount of said waters described in such notice as may be formally released in writing by an officer of the United States thereunto duly authorized, which release shall also be filed in the office of the State engineer. In case of failure of the United States to file such plans or authorized construction of such works within the respective periods hereln provided, the waters specified in such notices, filed by the United States, shall become subject to appropriation by other parties. Notice of the withdrawal herein mentioned shall be published by the State engineer in a newspaper published and of general circulation in the stream system affected thereby, and a like notice upon the release of any lands so withdrawn, such notices to be published for a period not exceeding thirty days.

SEC. 3. Adjudication of water rights.-In any stream system where construction is contemplated by the United States under the act of Congress approved June 17, 1902, and known as the reclamation act, the State engineer shall make a hydrographic survey of such stream system, and shall deliver an abstract thereof, together with an abstract cf all data necessary for the determination of all rights for the use of the waters of such system, to the attorney-general of the State. The attorney-general, together with the district attorneys of the district affected by such stream system, shall, at the request of the Secretary of the Interior, enter suit on behalf of the State of Oregon, in the name of the State, for the determination of all rights for the use of such waters, and shall diligently prosecute the same to a final adjudication.

SEC. 4. Parties and costs of suits.-In any suit wherein the State is a party, for the determination of a right to the use of the waters of any stream system, all who claim the right to use such waters shall be made parties. When any such suit has been filed the court shall call upon the State engineer to make or furnish a complete hydrographic survey of such stream system as hereinbefore provided, in order to obtain all data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in such suit shall be taxed by the court as in other equity suits. SEC. 5. Decrees adjudicating water rights. Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the office of the State engineer. Such decree shall in every case declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose, place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority.

SEC. 6. State engineer, appointment, duties, qualifications, and salary.—A State engineer, technically qualified and experienced as an hydraulic engineer, shall be appointed by the governor upon the recommendation of the director of the United States Geological Survey and confirmed by the senate. He shall hold office for the term of four years from and after his appointment, unless sooner removed by the governor for cause, and until his successor shall have been elected and shall have qualified. He shall have general supervision of all the measurements and records of appropriation of waters of the State, and of all surveys and engineering work in which the State may be interested, and for which funds are provided, and shall perform all work in connection therewith. He shall receive a salary of $2,400 per annum and actual and necessary traveling expenses while away from his office in the discharge of official duties, and shall not engage in private practice. He may employ assistants and purchase materials and supplies necessary for the proper conduct and maintenance of his office and department, in pursuance of appropriations as made from time to time for such purposes. The salaries and expenses of the office of the State engineer shall be paid at the same time and in the same manner as those of other officers of the State. The office of the State engineer shall be located at the seat of government in the capitol building. The State engineer and his authorized assistants and agents may enter upon any private property for the performance of their respective duties, doing no unnecessary injury thereto. The State engineer shall prepare and deliver to the governor on or before November 30 of the year preceding the regular session of the legislature, and at other times when required by the governor, a full report of the work of his office, including a detailed statement of the expenditures thereof, with such recommendations for legislation as he may deem advisable.

SEC. 7. Oath and bond of State engineer.- Before entering upon the duties of his office the State engineer shall give bond to the State with sufficient sureties in the sum of $5,000 for the faithful performance of his duties, which bond shall be approved by and filed in the office of the secretary of state, together with the following oath of office: "I, being duly sworn, do say that I am the duly appointed State engineer of the State of Oregon, and that I will faithfully and honestly perform the duties of such office, and that I am not directly or indirectly, pecuniarily, or otherwise interested with any person, association, or corporation using or to use any of the waters of the State for any beneficial purpose, in such use thereof, and will not during my term of office become so interested therein or receive any pecuniary aid or benefit therefrom, and shall not permit any assistant employed by me to be or become so interested or receive any pecuniary aid or benefit from such person, association, or corporation while so employed."

SEC. 8. Records of State engineer. The records of the office of the State engineer are public records and shall remain on file in his office and be open to the inspection of the public at all times during busi

ness hours. Such records shall show in full all maps, profiles, and engineering data relating to the use of water, and certified copies thereof shall be admissible as evidence in all cases where the original would be admissible as evidence.

SEC. 9. Fees of State engineer.-The State engineer shall receive the following fees, to be collected in advance, and to be paid by him into the general fund of the State treasury on the last day of March, June, September, and December of each year:

(a) For filing and recording notice of an appropriation of water, map, and field notes of the same, $5. (b) For blueprint copy of any map, drawing, 10 cents per square foot or fraction thereof. For other copies of drawings or any data furnished upon application, actual cost of work.

(c) For certifying to such copies, $1 for each certificate.

(d) For such work as may be required of his office, the fees provided by law.

SEC. 10. Hydrographic and topographic surveys and cooperation with the United States Government.— The State engineer shall make hydrographic and topographic surveys and investigations of each stream system and source of water supply in the State, beginning with those most used, obtaining and recording all available data pertaining to the water supply of this State. He is hereby authorized to cooper ate with the agencies of the United States Government engaged in similar surveys and investigations, and in the construction of works for the development and use of the water supply of this State, expending for such purposes any money available for the work of his office.

For the purpose of making hydrographic and topographic surveys, there is hereby appropriated out of any moneys in the treasury not otherwise appropriated the sum of $2,500 annually for such hydrographic and $2,500 annually for such topographic surveys, such appropriations, however, being contingent upon the United States Government making a like apportionment for such purposes to be expended within the State.

SEC. 11. Disposition of State lands.-No lands belonging to the State, within the areas to be irrigated from work constructed or controlled by the United States or its duly authorized agents, shall hereafter be sold except in conformity with the classification of farm units by the United States, and the title of such land shall not pass from the State until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of State lands within the limits of such withdrawal shall be accepted, except under the conditions prescribed under that section. Any State lands needed by the United States for irrigation works shall be conveyed to the United States without charge.

SEC. 12. Right of way over State lands.-There is hereby granted over all the unimproved lands now or hereafter belonging to the State the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of State land hereafter made shall contain a reservation of such right of way and reservoir sites.

SEC. 13. Appropriations.-There is hereby appropriated out of the moneys in the general fund of the State treasury, not otherwise appropriated, the sum of $5,000 annually, or so much thereof as may be necessary, for the salary and expenses of the State engineer and the services of assistants and expenses of the office and department of the State engineer.

SEC. 14. But nothing in this act shall be construed as rescinding the cession by the State to the United States of lands as provided in the act known as house bill No. 1, passed by the twenty-third regular session of the Oregon legislature.

Filed in the office of the secretary of state February 22, 1905.

As provided in section 6 of this act the Director of the Geological Survey recommended to the governor of Oregon, for appointment as State engineer, Mr. John H. Lewis, assistant engineer in the Reclamation Service. His appointment was made by the governor on May 18.

Under the provisions of section 10 of this act, in addition to cooperation with the United States Geological Survey in topographic and stream-gaging work, the State engineer has directed that a part of the hydrographic work in connection with the East Umatilla project be done at the expense of the State.

OPERATIONS IN SOUTH DAKOTA.

By C. H. FITCH.

GENERAL STATEMENT.

A reconnaissance of the western part of South Dakota was made during the summer of 1903, looking toward the future development of the farming interests of this region and the reclamation of the valley lands, which are semiarid.

All streams which gave any indication of a water supply sufficient for reclamation on an extensive scale were examined and gaging stations established thereon, so that a careful study could be made of their run-off and of the amount available over that already appropriated, if any. Daily gage heights have been since taken and the results published each year in progress reports of the hydrographic branch of the United States Geological Survey. A number of possibilities for reclamation were found and reported on, but it was thought best to concentrate present work on the most promising for immediate returns. The reclamation of part of the Belle Fourche Valley was selected, and detail surveys were begun in the spring of 1904 and construction in the spring of the present year.

Other localities are being watched and as the money becomes available will doubtless receive attention. It is probable that in time the irrigable area of this State may be increased from the 20,000 acres it has to-day to 300,000.

The present year has been one of abnormal rainfall, and while the moisture has been sufficient and so distributed as to produce crops in some parts of the State without irrigation, it is the first year for some time that this has been the case. A trip through the country will show an observer how the application of 18 inches of water can change the desert lands into profitable farms.

BELLE FOURCHE PROJECT.a

The Belle Fourche project contemplates the irrigation of a body of semiarid land adjacent to what is universally known as "the richest 100 square miles on earth"--the rich goldmining region of the Black Hills, where much of the produce raised under the project will be consumed. The nature of the investigations leading up to construction is fully explained in the Third Annual Report of the Reclamation Service, 2d edition, pages 477 to 484.

In general, this work contemplates the diversion of the waters of Belle Fourche River at a point below the mouth of the Redwater, and the storage of the same in a large reservoir to be formed by a dam across Owl Creek just below the mouth of Dry Creek, about 10 miles northeast of the town of Belle Fourche, S. Dak. This reservoir will hold sufficient water for the complete irrigation of all lands in the project. (Pl. L.)

Canals of sufficient capacity to furnish water to all the Government, State, and private lands that are now signed up under them will be constructed from the reservoir as far as the Willow Creek divide on the north side and Ninemile Creek on the south side of Belle Fourche River, and from these main canals laterals will lead the water down the divides to each farm unit. All lands will be under the reservoir except the small area under the supply canal, which will always have a sufficient supply from the river.

a From report by R. F. Walter.

SUPPLY CANAL.

The supply canal which will carry the waters of the Belle Fourche to the reservoir is under construction. (Pl. LI, A.) It will be 64 miles long and 40 feet wide on the bottom and will carry a depth of water of 10 feet, with a grade of 1 foot to the mile. The side slopes are 1 to 1 through cuts and 14 to 1 on sidehill work and on banks. The banks are 8 feet wide on top and will be 3 feet above high-water line after settlement. The theoretical capacity is 1,635 second-feet. The canal heads about 11 miles below the town of Belle Fourche and enters the reservoir through a 43-foot cut on the west side.

DIVERSION DAM AND REGULATOR.

The grade of the canal is 8 feet above low water in the Belle Fourche, and the necessary raise of the water in the river to this grade is accomplished by a concrete diversion dam in the river, 400 feet long, built in the form of an overflow weir connected with the regulator and provided with sluice gates adjacent to the regulator gates. Provision is made for floods of 20,000 second-feet to pass over the weir before the flood line is reached.

The dam is of gravity section and founded on a slate or shale rock, which the borings indicate is continuous to a great depth. A cofferdam of steel sheet-piling was first driven around the dam site and a careful connection made of the concrete weir into the slate. An earthen wing dam was connected with the overflow weir and extended across the valley, opposite the canal heading, to cut off any flood flow encountered. This earth dike will be riprapped with a wall of 18-inch rock.

The regulator piers and walls are founded on the slate and built of concrete. They are provided with seven 5 by 10 foot iron gates regulated with ball-bearing pedestals on the gate bridge, the sluice gates in the dam being the same pattern.

FLOODED AREA.

The construction of the diversion dam in the river will produce a permanent lake located between the dam and the town of Belle Fourche. The area of this lake when the canal is running full will be 170 acres, which will decrease as the flow of the river falls below 1,635 second-feet. No storage of water in this lake is contemplated.

CROW CREEK SLUICE AND FLOOD GATES.

Crow Creek is crossed about one-half mile below the head of the canal, and as it carries during the year a large amount of unappropriated water, which is available for storage, it is so arranged that this water can be taken into the canal. To guard against floods in Crow Creek a concrete overflow weir 180 feet long is constructed in the lower bank to act automatically when the canal is full. Three sluice gates, 5 by 10 feet each, are placed below the grade of the canal and will keep this section of it free from sediment.

DROP INTO RESERVOIR.

On account of the danger from erosion by dropping 1,635 second-feet of water from the supply canal into a partially filled reservoir, a semicircular weir 180 feet long is to be constructed at the end of the canal, with a maximum depth of water over its crest of only 2 feet. This weir will regulate the velocity in the canal above. It is founded on slate or shale rock.

CONTRACTS.

Bids were opened in Denver, Colo., April 10, 1905, for the supply canal and appurte nances, the work being divided into two schedules. No. 1, for all concrete structures, was awarded to S. R. H. Robinson, of St. Louis, Mo. Work on the same has been prosecuted continuously since the award and the diversion dam and regulator will probably be com pleted by winter. Schedule No. 2, for the canal excavation, was awarded to the WidellFinley Company, of Chicago, Ill., who will complete the same by the summer of 1906.