Page images
PDF
EPUB

(60) days after the filing of such map or plat, to approve the same by resolution spread upon the records of such board. That it shall be the duty of such owner or his tenant, to use such reservoir and keep the same in good repair and in a safe condition. [L. ’03, p. 263, St.

3219. Inspection-Notice to owner-Failure to repair.Sec. 55. It shall be the duty of the county surveyor to annualiy inspect each reservoir within his county so constructed under the provisions of this act, and he shall file with the board of county commissioners a report in writing showing the condition of such reservoir and a statement as to whether or not such reservoir was being used during the year of such inspection for the purposes contemplated by this act; and should he find any such reservoir, or dam or outlet thereof, in an unsafe and dangerous condition he shall in writing so notify the owner or tenant thereof as provided in section three hereof; and should such owner or his tenant fail or refuse within the aforesaid period of thirty (30) days to place such reservoir, dam and outlet in a safe and proper condition, then and in that event it shall be the duty of the said county surveyor to immediately let out and release under his direct supervision any and all waters that may have accumulated in such reservoir; and the said county surveyor shall within ten (10) days thereafter file with the board of county commissioners a report in writing of his acts in the premises. [L. ’03, p. 263, $5.

[Section above referred to is section 3217.]

3220. Compensation of county surveyor-By whom paid.-Sec. 56. The county surveyor shall be paid for his services at the time of making such survey and location, the sum of ten (10) dollars and all the necessary traveling expenses, and upon the completion of such reservoir and the filing of the map or plat specified in section 3 hereof he shall be paid the further sum of five (5) dollars and all necessary traveling expenses and superintending the construction of such reservoir, dam and outlet, and such payments and traveling expenses shall be borne by said owner or tenant of such reservoir and land; and for annually inspecting and filing his report of the condition of such reservoir within his county as specified in section 4 hereof, the county surveyor shall be paid the sum of five (5) dollars for each of such reservoirs so inspected and so reported upon, out of the general fund of such county.. [L.. ’03, p. 264, $.

[Sections 3 and 4 above referred to are sections 3217 and 3218.]

3221. Damages.—Sec. 57. County surveyors and members of boards of county commissioners within this state shall not be liable in damages for any act done by them in pursuance of the provisions of this act. [L. 03, p. 264, $7.

1

3222. Exchange of water, less seepage.—Sec. 58. That when. ever any person or company shall divert water from one publik stream and turn it into another public stream, such person or company may take out the same amount of water again, less a reasonable deduction for seepage and evaporation, to be determined by the state engineer. [L. '97, p. 176, $1.

[See also section 3232.]

3223. Must maintain flumes and register water.—Sec. 59. Any person or company transferring water from one public stream to another shall be required to construct and maintain under the direction of the state engineer measuring flumes or weirs and self-registering devices at the point where the wate! leaves its natural watershed and is turned into another, and also at the point where it is finally diverted for use from the public stream. [L. 297, p. 176, $2.

[See also section 3249.]
[Failure to maintain 3249.]

3224. Water commissioner keep record.—Sec. 60. It shall be the duty of the water commissioner of the district in which the water is used to keep a record of the amount of water so turned into his district from any other district. (L. '97, p. 176, $3.

3225. Reservoirs and ditches may exchange.--Sec. 61. When the rights of others are not injured thereby, it shall be lawful for the owner of a reservoir to deliver stored water into a ditch entitled to water or into the public stream to supply appropriations from said stream, and take in exchange therefor from the public stream higher up an equal amount of water, less a reasonable deduction for loss, if any there be, to be determined by the state engineer; Provided, That the person or company desiring such exchange shall be required to construct and maintain under the direction of the state engineer measuring flumes or weirs and self-registering devices at the point where the water is turned into the stream or ditch taking the same or as near such point as is practicable so that the water commissioner may readily determine and secure the just and equitable change of water as herein provided. [L. '97, p. 177, $4.

[See also section 3202.]

3226. Changing point of diversion-Petition-Practice and procedure.—Sec. 62. Every person, association or corporation de

irous of changing in whole or in part the point or points of diversion of his or its right to use water from any of the streams of the state, shall present a petition to the district court from which the original decree issued, whether the change be from one district to another or not; praying that such change be granted. The practice and procedure upon all petitions, save as

1

herein provided, shall be the same as if the petition were for an original statutory decree; and if the change be from one district to another, the court in which the petition is filed shall require notice and service in each district intervening between the original and the new points of diversion in the manner as now provided by law for statutory water adjudications in said several districts, save that all process or notice shall be issued from and returnable to the court in which the petition is filed as aforesaid. [L. '03, p. 278, $1.

3227. Notice to parties affected—When change allowed.—Sec. 63. The court shall require proof that all parties who may be affected by the change have been duly notified in the proceeding, as in the case of an original adjudication, and shall hear evidence to determine whether such change will injuriously affect the vested rights of others in and to the use of water, and a decree shall be entered permitting the change as prayed for, unless it appear that such change will injuriously affect the vested rights of others; and if such injury appear, the court shall decree the change only upon such terms and conditions as may be necessary to prevent such injurious effect, or to protect the parties affected or if impossible so to do, may deny said application. [L. '03, p. 278, $2.

[No further publication required in proceedings after decree entered. tion 3289.]

3228. Several applications in one-Consolidation-Process.Sec. 64. Applications to change two or more points of diversion to the same common point may be embraced in one petition, or if separately made in the same court, may be consolidated ; and petitions separately filed in the same court for changes to several points may be consolidated by the court or judge for notice, hearing or otherwise, if it appear practicable so to do; and the court or judge shall have power to extend the time for service, notice and appearance, and to make all necessary or expedient rules in the proceeding as in the case of a statutory water adjudication. [L. '03, p. 279, $3.

3229. Certified copy of decree filed—Notice of change.—Sec. 65. Upon the granting of a decree of change, the petitioner desirous of making the change, shall cause to be prepared certified copies of the decree, and shall cause filings thereof to be made with the county clerk of the county in which the original point of diversion is located, and with the county clerk of the county in which the new point of diversion is, or is to be located, and also in the office of the state engineer. Thereupon the change decreed shall be recognized in the distribution of water, the priority rights being allotted according to the terms of the said decree, and the state engineer shall immediately issue notices

Sec

2

to that effect to the water commissioners in the water districts affected, and to the division superintendent or superintendents in said divisions. [L. '03, p. 379, $4.

[Office of division superintendent abolished and division engineers provided in their place. Section 3335.]

3230. Change to other district-Copy of decree filed.—Sec. 66. In case a change be decreed from one district to another, the petitioner shall file a certified copy of the decree of change in the court having jurisdiction of the statutory water adjudication in the district of the new point of diversion, and thereupon, on motion, the court in which the copy is so filed, shall order a record of the decree of change, and the original decree theretofore entered in said court shall accordingly stand modified as to the matters contained in the said decree of change. [L. '03, p. 280, $5.

3231. Re-arguments, reviews and appeals.—Sec. 67. Re-arguments and reviews of and appeals from decrees entered here. under may be had as in the case of a statutory water adjudication; Provided, however, They be prayed within thirty days from the time of entering the decree complained of. [L. '03, p. 280, $6.

[Sections 3226-3231 supersede sections 1 and 2, p. 235, L. '99, of which act section 3232 was section 3.]

3232. Owner may exchange or loan water right.-Sec. 68. It shall be lawful, however, for the owners of ditches and water rights taking water from the same stream, to exchange with, and loan to, each other, for a limited time, the water to which each may be entitled, for the purpose of saving crops or of using the water in a more economical manner; Provided, That the owner or owners making such loan or exchange, shall give notice in writing signed by all the owners participating in said loan or exchange, stating that such loan or exchange has been made, and for what length of time the same shall continue, whereupon said water .commissioner shall recognize the same in his distribution of water. [L. '99, p. 236, $3.

1

II. DUTIES OF OWNERS.

Section.
3233. Owners shall maintain

em bankments - Tail

ditch. 3234. Vested rights not im

paired. 3235. Owner of ditch crossing

highway must maintain

bridge. 3236. Ditch must be bridged in

three days—Duty of su

pervisor. 3237. Proceedings against own

er for payment-Dam

ages. 3238. Owner of ditch must pre

vent waste. 3239. Running excess of water

forbidden. 3240. Penalty for violation of

this act. 3241. When ditches in cities

must be covered. 3242. Head of ditch to be lat

ticed. 3243. Penalty for failure to

cover and lattice. 3244. Owner maintain headgate

-Size of timbers. 3245. Same-Liability of owner

for neglect or refusal. 3246. Owner maintain head

gates and wastegates

Effect of failure. 3247. Provide locks for head

gate-Effect of failure.

Section.
3248. Water not delivered if

owner does not maintain

headgate and weirs. 3249. Owners of ditch or reser

voir transferring water must maintain headgate and weirs -- Effect of

failure. 3250. Rating tables furnished

commissioners. 3251. When water not to be

stored in reservoirs,

Gauge rods. 3252. Control of headgates and

measuring weirs. 3253. Survey of reservoirs-Re

port-Gauge rods-Fail

ure to comply. 3254. Ditch owners provide flow

on demand of users. 3255. Ditches to be kept in re.

pair-Outlets. 3256. Measurement of water. 3257. Penalty for refusal

neglect to deliver water. 3258. Water commissioner

measure water-Failure. 3259. Jurisdiction of justice of

the peace. 3260. No person to receive more

water than he is entitled

to. 3261. Duty of party receiving

more water than he is entitled to.

or

3233. Owner shall maintain embankments—Tail ditch.-Sec. 69. The owner or owners of any ditch for irrigation or other purposes, shall carefully maintain the embankments thereof, so that the waters of such ditch may not flood or damage the premises of others, and shall make a tail ditch, so as to return the water in such ditch with as little waste as possible into the stream from which it was taken. [G. S., $1728.

[The above section is taken from G. S., '83, which gives its origin as L. '72, p. 144, section 1 and L., '76, p. 78, section 2.]

3234. Vested rights not impaired.-Sec. 70. Nothing in this chapter contained shall be so construed as to impair the prior vested rights of any mill or ditch owner or other person to use the waters of any such water course. [G. S., $1729; G. L., $1379; R. S., p. 364, $8.

3235. Owner of ditch crossing highway must maintain bridge. -Seť. 71. Any ditch company constructing a ditch, or any individual having ditches for irrigation, or for other purposes,

« PreviousContinue »