36 



distribution of water. However, tliis objection was removed by the 

 passage of a law in 1905 providing for notice to the engineer when a 

 transfer is made. A transfer is to be made by deed, wliich is to be 

 recorded with the county clerk of the county where the water is used 

 and with the State engineer. The official distributing water is not 

 required to take any notice of a transfer until the deed is recorded, and 

 not then if in his judgment or that of the board of control it is injurious 

 to any person not a party to the transfer, until the validity of the 

 transfer has been established by a proper court. If the transfer is 

 recognized a notice of this fact must be published in a newspaper 

 having general circulation in the county where the transfer is made, 

 at the expense of the party making the transfer. In case the transfer 

 is not recognized, the party to whom the right is transferred may sue 

 for injunction to restrain the State officials from interferring with his 

 enjoyment of the right. Notice of tliis action must be published, and 

 any appropriator has the right to intervene and have his rights in 

 relation to the transfer fully determined. In case an injunction is 

 granted which is afterwards found to have been \\T:ongfully obtained 

 the appropriator intervening has the same right to recover damages as 

 if he had originally been a party to the action. The attorney-general 

 of the State is to appear for and defend the irrigation officials when- 

 ever they are made parties to any court proceeding. 



The effect of this law has been that parties intending to make 

 a transfer consult the State engineer in advance to determine whether 

 he will recognize it if made. It insures that no transfer will be made 

 without full notice to all interested parties, and to the State water 

 officials, and puts on the one wishing to make the transfer the expense 

 of advertising it and the liability for damages if he persists in making 

 the transfer when it has been denied by the State officials. 



Another class of transfers is still unprovided for. These are trans- 

 fers of lands which carry with them the rights to water. There is no 

 provision for making a record of such transfers in the State engineer's 

 office, and consequently the records do not show correctly the owner- 

 ship of rights. It is frequently desirable to send notices to water- 

 right holders, and often these notices are not received, because the 

 original owner has transferred his land and water right and left the 

 State. Legislation to cover this has been recommended but never 

 passed. 



APPOINTMENT, QUALIFICATIONS, AND PAY OF OFFICIALS. 



The office of State engineer is created by the constitution, ^Vrticle 

 VIII, section 5. He is appointed by the governor, confirmed by the 

 senate, holds office for six years, and receives a salary of S2,500 per 

 annum. No person is eligible "who has not such theoretical knowl- 

 edge and such practical experience and skill as shall fit him for the 

 position. 



