Document text
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 City officials take Ice Bucket Challenge City could foreclose on abandoned houses Gold Hill mayor faces challenger; other races have one candidate each Medford man arrested on suspicion of dealing meth Medford pawn shops asked to help nab thieves Crime, Courts and Emergency Services Medford man arrested on suspicion of dealing meth Medford man arrested after abandoning stolen vehicle on I-5 Wounded Klamath deputy has ties to Rogue Valley UPDATED: Arrests made in shooting of Klamath County deputy UPDATED: Northbound I-5 reopens after FedEx truck burns 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 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 Sacred Heart School gets new principal Medford School District considers gifted land for new school 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 No touching After Rice, NFL increases domestic violence bans Added pieces translate to high hopes for SOU 'D' Woods seeks return to form for Beavers Speed to burn Varsity 541 College Sports Added pieces translate to high hopes for SOU 'D' Woods seeks return to form for Beavers Speed to burn Untruthful Trojan Pellum runs tight ship at Oregon Pro Sports No touching After Rice, NFL increases domestic violence bans Cook whips up recipe for medalist honors Newton says he'll be ready Fisher angry over ESPN report on Sam’s ‘showering habits’ Community Sports Murphy claims victory in Stroke Play Championships South Korea downs Chicago for World Series title Results / Standings Second season a success for Rogues Runners defend titles in Mt. Ashland Hill Climb Business Latest Stories People in Business New Mercedes-Benz dealer is luxury car fan Brammo plans to keep jobs in Rogue Valley Improving economy could bring rebates for Oregon taxpayers Blog: When it comes to matching national demographics, Medford isn't even close Real Estate News Median residential housing prices rise 10.7 percent, but may begin to level out People In Business People in business Transportation Agriculture Weisinger's Winery has earliest crush on record Amy's Kitchen begins expansion in White City Opinion Latest Granlund cartoon: Russian humanitarian aid to Ukraine Michelle Teheux: Kids aren’t as expensive as you think Letters to the Editor, Aug. 28 George Will: Admiral leads a Navy with a mission in mind Granlund cartoon: Burger King and taxes Editorials 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 Our View: Water law has outlived its purpose Letters to the Editor Letters to the Editor, Aug. 28 Letters to the Editor, Aug. 27 Letters to the Editor, Aug. 26 Letters to the Editor, Aug. 25 Letters to the Editor, Aug. 22 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 Michelle Teheux: Kids aren’t as expensive as you think Community blog: What the Brain Isn't - Mind or Love Community blog: The Unfriendly Skies (continued) What does 'natural' really mean? Fielding labels in search for a good egg 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: 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 Health officials detect West Nile Virus in another Jackson County sample Hiking Faith 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 Religion briefs Milestones and Achievements New Arrivals Shayla Brooke Grether and Jesse Levi Tanner Grange Co-Op garden helps feed the hungry Medford woman graduates with honors Century Club 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 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 Randall Theatre opens 'Godspell' Music Bill Maher at Britt Festivals Gypsy Soul performs at EdenVale Winery The Jeff Stanley Trio at Lounge South Alan Berman Trio at the Imperial The Beach Boys at Britt 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 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 UPDATED: Arrests made in shooting of Klamath County deputy ... UPDATED: Northbound I-5 reopens after FedEx truck burns ... 10 things to know for Thursday ... UPDATED: Arrests made in shooting of Klamath County deputy ... UPDATED: Northbound I-5 reopens after FedEx truck burns ... 10 things to know for Thursday ... 2014 DROUGHT Those without senior water rights left high and dry Landowners along small streams like Evans Creek are getting their irrigation water shut off based on Oregon's water-rights law. By Mark Freeman Mail Tribune MailTribune.com By Mark Freeman Mail Tribune Posted Aug. 17, 2014 @ 2:00 am By Mark Freeman Mail Tribune Posted Aug. 17, 2014 @ 2:00 am » Social News WIMER — For nearly four decades, Ed and Claudia Wagner have tended to their family orchard of about two dozen plum, prune, pear and apple trees, sometimes to an embarrassment of fruity riches. They draw their irrigation water from a little Evans Creek tributary called Sykes Creek, just like when homesteader William May first drew water from the creek in 1940. Then a knock on the door July 17 from Jackson County Watermaster Travis Kelly changed everything. Kelly had a written order for the Wagners to stop pulling water from the creek, instead leaving what trickle is left of Sykes Creek to be siphoned from Evans Creek by neighbors whose lands were in production decades before theirs. "We've been up here 37 years and there have been years when we ended up stopping the irrigation," Claudia Wagner says. "But this is the first year they came out and said don't do it (irrigate)." The Wagners' spread is one of 75 properties whose irrigation is now cut off from the Evans Creek system so dozens of other landowners can get all their water based on Oregon's century-old, "first in time, first in right" water law that comes into major play in drought years such as this one. Upstream of Wimer's covered bridge, only those with senior water rights tied to the property in 1896 or earlier now get what little water remains in the creek. Downstream of the bridge, only properties with water rights on or before 1902 have legal access to the water. That means the Wagners, whose land has been irrigated since Jackson County first recognized May's right to do so in 1940, don't get a drop of surface water until next season. Similarly, on the Little Applegate River, only irrigators with priority rights of 1916 and older are getting water. With more water rights on streams such as Evans Creek than actual water in the creek, priority dates are how Kelly metes out what little water exists when drought dries up streams not supplemented by reservoirs. It's an "I get all of mine before you get any of yours" that initially favored pioneers over incoming settlers. The water right on the property doesn't change, even after the property has been subdivided into hobby farms or even developed into apartment complexes. "Most people see the creek and they know there isn't enough water," Kelly says. "Then again, a lot of times we catch people off-guard. They were going to go grocery shopping, then we show up and now they're running around trying to figure out how to keep their garden going. "But water rights are very non-personal," Kelly says. "It's based on a hierarchy and it's transparent. We have to be very equitable." In these lands where the mantra of "Whiskey is for drinking, water is for fighting over" still applies, the concept that water rights are tied to the land and senior rights get priority rings true. "Water laws are fair," says Greg Worthington, a Wimer Realtor and landowner lowest on Evans Creek with an 1896 water right. "When people buy property, I make sure they're very aware of their priority date and what it means," Worthington says. Evans Creek is so overappropriated that the most junior water users get cut off even in normal years. "But I've never seen them cut off past 1902," Worthington says. Since 1912, Oregon watermasters have been checking maps, measuring stream flows and setting priority dates for irrigators when they get complaints from holders of senior water rights that they aren't getting their lawful amount of water. Initially, watermasters look for illegal withdrawals, then start cutting back based on priority dates. In the past, they followed the streams in their pickup trucks with log books and maps that showed who legally deserved water and who didn't. Now, they use stream gauges, public websites with stream flows posted in real time and Web-based maps to determine whose land has what priority date and where on the river or creek the owners divert their water. "These gauges are the voice of the creek," Kelly says. "This makes my actions a lot more transparent." But it's still the watermaster and his pickup truck when the time comes to regulate irrigators on a creek. Kelly regularly visits the old Vroman Ditch pipe that spans Evans Creek near the covered bridge to check flows. "We're just verifying that everybody we've asked to turn off has turned off," Kelly says. And the situation is not something that a little rain like last week's storms can cure. Even after the rains, the creek still flowed under the Vroman Ditch pipe, not over it. "Once you're turned off, the creek isn't going to recover until October," Kelly says. "Some saw it coming and didn't even irrigate this year." One of those properties is Farming Fish, an organic aquaponics garden and fish farm where owners Michael Hasey and Olivia Hittner rely on less than 10,000 gallons of recycled water to keep their 265-foot-long greenhouse alive. A broken tractor meant they didn't plant much outside, and they never bothered to put their irrigation pump into Evans Creek this year. Getting the shut-off order didn't hamper them. "Our system is pretty much drought-proof," Hittner says. "It's our passion in life to save resources." That puts Hittner among the rare farmers who don't remember exactly what their priority date is. "People who make their living off water generally know their water right better than I do," Kelly says. Landowners also keep track of who's irrigating and who's not. Dean Wardle watered his 20 acres of pasture and hay last week and he plans to do it again this week. Grousing that it's a low-water year but refusing to call it a drought, Wardle says most junior water-rights owners will get through the summer fine. "I don't mean to be callous, but there's no farmers left so they're not losing anything," Wardle says. "There aren't many people making a living off the land." The Wagners don't make a living off their land anymore, but they do want to keep their family orchard around for a 38th season next year. The couple have two wells, one of which is too sulfury for drinking water, so they're pumping from it to keep the trees fruiting. "We're doing what we can to keep them going and producing at least a little bit," Claudia Wagner says. Reach reporter Mark Freeman at 541-776-4470 or by email at [email protected]. By Mark Freeman Mail Tribune MailTribune.com By Mark Freeman Mail Tribune Posted Aug. 17, 2014 @ 2:00 am » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2014 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501