43 



The claims undor tlie old law were nearly all adjudicated between 

 April 4, 1895, when the law went into effect, and November 30, ISOS. 

 The secretary, in his report for 1897-98, states that at that date there 

 were 995 claims on record, 947 of which had been passed upon, lejiving 

 48 cases to be disposed of. In the period covered by the report there 

 were also 12 rehearings before the secretary and 1 appeal to the l)oard 

 from the secretary. 



The law provides that within thirty days after the determination of 

 the rights on any stream the secretary shall issue certificates setting 

 forth "the name and post-office address of the appropriator, the 

 priority number of each appropriation, the amount of water appro- 

 priated, and the amount of prior appropriations, and if such appro- 

 priation be for irrigation, a description of the land to which the water 

 is to be ajjplied, and the amount thereof." On account of the large 

 number of uncompleted ditches at the time the adjudications were 

 made it was impossible to comply with this law, since both the amount 

 of each appropriation and the amount of i)ri()r ai)propriations depended 

 on the areas reclaimed by these uncompleted ditches. 



In 1900 the secretary decided to make an effort to get proof on the 

 rights which had been determined ccmditionaily in previous adjudi- 

 cations. The time allowed for many of these had expired, and blank 

 proofs of appropriation were sent to the holders of all such rights. In 

 response to this, proofs were received in 189 cases. In some cases the 

 descriptions were so faulty that personal examination was necessary, 

 but in most of them it was fairly accurate. The proofs were put on 

 inspection at specified places, in order that contests might be filed. 

 Up to that time but one certificate had been issued. During the year 

 1900 seventy-six more were issued. These are sent to the county 

 clerks, and by them recorded and transmitted to the owners on pay- 

 ment of the recording fee, which may not exceed 75 cents. 



The practice of the board in adjudicating the rights of uncompleted 

 ditches has been overruled by the supreme court. (Farmers' Irriga- 

 tion District v. Frank, 100 NW., 286.) In these adjudications the 

 secretary took testimony as to the plans of the appropriators and fixed 

 the amount of the appropriation at one-seventieth of a cubic foot per 

 second for each acre which it was proposed to irrigate. In each case, 

 however, this clause was added: 



The amount of water appropriated shall not exceed cubic feet per second of time; 



neither shall it exceed the capacity of said ditch or canal nor the least amount of water that 

 experience may hereafter indicate as necessary for the production of crops in the exercise 

 of good husbandry; and, further, said appropriation, under any circumstances, shall be 

 limited to one-seventieth {J^) of a cubic foot per second of time for each acre of land to 

 which water is actually and usefully applied on or before (date fixed for completion). 



The court held that the board exceeded its powers in so far as it 

 went beyond determining the rights acquired at the time of the adju- 



