10 



ACaUIREMENT OF RIGHTS. 



In 1903 the law requiring filings by those building new works was 

 reenacted, and since that time every party constructing or enlarging 

 any ditch or reservoir is required to file with the State engineer a 

 statement of his claim, with duplicate maps of the proposed works. 

 The maj)s must be filed within sixty days of the commencement of 

 construction, which may be the date of actual construction or the 

 beginning of the survey. The duplicate is examined and certified 

 to by the State engineer and is returned to the applicant, so that it 

 may be filed with the county clerk within ninety days of the date of 

 the beginning of construction. Maps must be on a good quality of 

 tracing cloth, 24 by 36 inches, with a 2-inch margin on the left-hand 

 side, making the available space for the map 24 by 34 inches. All 

 maps are made of this size, irrespective of the size of the works, and 

 must not be folded. In the case of reservoirs the scale must be 1 

 inch or more to 400 feet, and if necessary more than one sheet must 

 be used. The map filed with a notice must show the location of the 

 head gate, the route of the ditch, or the high-water line of the reser- 

 voir, and routes of the feeders and outlets from the reservoir, the 

 legal subdivisions of land on which the works are located, and the 

 names of the owners. Upon or attached to the map must be a 

 statement showing the location of the head gate; the depth, width, 

 grade, and length of each ditch, canal, or feeder proposed; the carry- 

 ing capacity of each ditch in cubic feet per second; the time of com- 

 mencement of work, and the estimated cost of the proposed project. 

 For a reservoir the statement shows the height of the proposed dam, 

 the estimated cost, the capacity in cubic feet, and the surface area 

 for each foot in depth of water stored, up to and including the high- 

 water mark. 



The engineer is recjuired to certify that he has examined and 

 approved the map and statement "if he shall find the data therein 

 contained to be sufficient and satisfactory for a clear presentation of 

 the facts concerning the claims made." 



As to the effect of the law requiring these filings: Up to September, 

 1905, 1,280 claims had been filed. There are about 1,000 filings 

 made under the earlier law, which was declared void. Claims are 

 at present coming in at the rate of about three per day. The legal 

 effect of filing a claim is declared by the statute as follows: 



A certified copy of the map and statement thus filed in the State engineer's office shall be 

 prima facie evidence in any court having jurisdiction of the intent of the claimant or claim- 

 ants to make such constniction, and to utilize such rights as arc shown and described in the 

 map and statement: Provided, That nothing herein contained shall be so construed as to 

 dispense with the necessity for due diligence in the construction of such projects, or to the 

 injury of those having rights prior to those of the claimants. (Laws of 1903, p. 291.) 



