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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories The Greenery awaits its day in court MPD crosswalk sting leads to several tickets Firefighting will close part of Lost Creek Lake over Labor Day weekend Long-awaited roundabout set to open Grants Pass man arraigned on charges related to fatal DUII crash Crime, Courts and Emergency Services MPD crosswalk sting leads to several tickets Firefighting will close part of Lost Creek Lake over Labor Day weekend Grants Pass man arraigned on charges related to fatal DUII crash Saturation patrols planned this weekend Emergency Services Politics and Elections Gold Hill mayor faces challenger; other races have one candidate each Medford proposes new rules for pawn shops to help nab thieves Lack of incumbents, pot issue draws 10 for Medford council races Council members in Gold Hill dodge voter recall Bill Pullman campaigns for Oregon GMO labeling law Education RCC program helps prepare Latinos for college SOU launches leadership degree program Medford charter school opens with many changes, including its name Superintendent welcomes staff to a new school year Safe haven: Art program provides a place for youth to express themselves Environment Judge won't block release of water Ashland marchers won't give up on climate change message OR-7 could be recollared next month Deadly deer virus may be spreading Talent earns Bee City USA designation State news Nation - World Obituaries Ted E. Dawson Irene Margaret Vicki Lynn Kemmerer Richard Westergard Gordon Lee Monroe Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Sports Latest Stories Raiders stroll to two wins at Merced Allred moves up at Hotel Fitness Hope prevails against Southern Oregon, 3-0 49ers linebacker Smith suspended 9 games No. 22 Raiders ready for first test at Menlo Varsity 541 College Sports Raiders stroll to two wins at Merced Hope prevails against Southern Oregon, 3-0 No. 22 Raiders ready for first test at Menlo South Dakota is realistic about facing No. 3 Ducks Beavers look to avoid another opening misstep Pro Sports Allred moves up at Hotel Fitness 49ers linebacker Smith suspended 9 games Carr drives Raiders past Seahawks FedEx Cup: Where a week can change everything No touching Community Sports Crenshaw pulls off upset in SOGC Murphy claims victory in Stroke Play Championships South Korea downs Chicago for World Series title Results / Standings Second season a success for Rogues Business Latest Stories Earlier than normal pear harvest coming up short of expectations Blog: Who Loves Coffee? We Do! People in Business New Mercedes-Benz dealer is luxury car fan Brammo plans to keep jobs in Rogue Valley Real Estate News Median residential housing prices rise 10.7 percent, but may begin to level out People In Business Transportation Agriculture Earlier than normal pear harvest coming up short of expectations Weisinger's Winery has earliest crush on record Amy's Kitchen begins expansion in White City Opinion Latest Letters to the Editor, Aug. 29 Michael Gerson: The importance of history Other views: OLCC operates with little oversight Matthew T. Mangino: Violent crime was rampant not too long ago Letters to the Editor, Aug. 28 Editorials Other views: OLCC operates with little oversight Our View: A vote for common sense in Gold Hill Our View: It's not the gear; it's how the gear is used Other Views: NCAA must maintain academic integrity Our View: Marijuana sales — a taxing problem Letters to the Editor Letters to the Editor, Aug. 29 Letters to the Editor, Aug. 28 Letters to the Editor, Aug. 27 Letters to the Editor, Aug. 26 Letters to the Editor, Aug. 25 Guest Opinions The summer of my discontent: An open letter to Bill Rauch The power of local philanthropy Who I am and why I want to serve on the City Council Lifestyle Latest stories Youth pheasant hunt sign-ups now available New Arrivals Engagements Wedding: Ivanov-Leftin Community blog: It happened again... Food What does 'natural' really mean? Fielding labels in search for a good egg The focus is on hospitality at Jaxon Vineyards Community blog: Silky stew or quick saute is summer's symphony Community blog: Onion pickles can wait for home-canning lull Home and Garden An August checklist for your garden Green Scene: Diagnosing common tomato troubles Lawn talk Tips for keeping backyard birds cool this summer Bath time for the birds: You can help them stay cool and clean Health Community blog: It happened again... Community blog: What the Brain Isn't - Mind or Love Community blog: The Unfriendly Skies (continued) Healthy Aging: Iron girls galore Community blog:Here�s How To Leave Despair For Resilience Hiking Faith Religion briefs Religion briefs Community Blog: Is Peace Possible in the Middle East - Part three of four Religion briefs Community Blog: Is Peace Possible in the Middle East part 2 Milestones and Achievements New Arrivals Engagements Wedding: Ivanov-Leftin New Arrivals Shayla Brooke Grether and Jesse Levi Tanner Columnist for a Day Healthy Aging Tempo Latest stories Bill Maher at Britt Festivals From business professor to artist Gypsy Soul performs at EdenVale Winery The Jeff Stanley Trio at Lounge South Alan Berman Trio at the Imperial Theater OSF presents 'The Alchemy of Gender' Randall Theatre extends 'Godspell' 'Pump Boys & Dinettes' opens at Camelot Theatre Film festival kicks off annual 'Daedalus Project' Review: The joy of 'Godspell' is infectious Music Brent Norton: A Rogue Valley Experience Bill Maher at Britt Festivals Gypsy Soul performs at EdenVale Winery The Jeff Stanley Trio at Lounge South Alan Berman Trio at the Imperial Community Events 5 Things to Do This Weekend From business professor to artist Shady Cove Tie Days Swap Meet 'Prints From the Plateau' at the Rogue Gallery Nature Walks in Lithia Park Dining Wild River Brewing & Pizza Co. NW Raw Kelly's Crepes Basil & Berries India Palace Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Firefighting will close part of Lost Creek Lake over Labor Day weekend ... Saturation patrols planned this weekend ... Wind shifts should rid Rogue Valley of smoke ... Firefighting will close part of Lost Creek Lake over Labor Day weekend ... Saturation patrols planned this weekend ... Wind shifts should rid Rogue Valley of smoke ... OUR VIEW Our View: Water law has outlived its purpose MailTribune.com Writer Posted Aug. 21, 2014 @ 12:01 am Posted Aug. 21, 2014 @ 12:01 am » Social News It has been the law in Oregon for more than a century: The owners of properties with the oldest water rights get water long after those with junior rights have been told to stop irrigating. Has the time come to devise a better system? Reporter Mark Freeman's story in Sunday's Mail Tribune describes situation in the Evans Creek drainage in this drought year. Above the Wimer covered bridge, only property owners with rights dated 1896 or earlier are getting any water. Downstream from the bridge, the cutoff date is 1902. On the Little Applegate River, only users with water rights older than 1916 are getting water now. This practice reflects the doctrine of prior appropriation — the principle that governs water law across the West. East of the Mississippi, the riparian doctrine generally applies, meaning only landowners with water flowing through their property can divert water. In Oregon, water rights are attached to property, but the water may actually flow across a neighboring parcel, with the right holder able to pipe it to his land. In the beginning, prior appropriation favored pioneers over later arrivals. But water rights transfer to new owners when a property is sold. So today, a new arrival from out of state can purchase a parcel with an 1890 water right, regardless of how many years his neighbors may have been using water, and the senior right prevails.   Another wrinkle is the problem of over-appropriation. Some streams such as Evans Creek have more water rights attached to them than there is water in the creek. So  most junior water right holders get cut off from diverting water even in normal years. Sorting all of this out is the job of Jackson County Watermaster Travis Kelly. It's Kelly who knocks on the door and tells junior water right holders they have to stop irrigating. Kelly stresses that the water law is non-personal: Everyone understands how it works, and his job is to be as equitable as possible. Still, it would seem that a system could be devised that would recognize the longevity of people living on and farming a property rather than the age of the water right attached to the deed. Oregon water law does not permit users to waste water, no matter how old their right. And it does require the owner to exercise that right by diverting water on a regular basis or risk having the right canceled for non-use. But when the same people have been irrigating the same land for four decades — and their families perhaps for a century or more — it's hard to see why it's fair to cut off their supply when someone who recently purchased property with an older right can claim the water first. Changing this system is not a simple matter, and we don't pretend to have all the answers. But it's a basic matter of fairness, and one that should be addressed. 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