46 



the approval of an application, and this question would arise only in 

 case of contest. 



Before the time for the completion of works under a permit a ])lank 

 "Proof of appropriation" is sent to the holder of the permit, with a 

 circular letter stating when proof must be submitted, and giving 

 directions as to filling the blank and makmg a map showing the 

 lands irrigated. 



The proof of appropriation consists in a sworn statement showing 

 the name and address of the appropriator, when works were begun 

 and were completed, description of works, areas irrigated the first 

 year and in subsequent years, legal description of lands irrigated, 

 period in each year when water is used, period when water supply is 

 short, and the amount of the appropriator' s interest in the works 



On the receipt of this sworn statement the secretary or some repre- 

 sentative examines the works, sometimes making surveys, and reports 

 on the case. If the proof is not contested and the works and areas 

 irrigated are found as represented, a certificate is issued. 



If no response is made when proof of appropriation and notice of 

 expiration of time for completion of works are sent, the secretary 

 inquires into the circumstances personally or through some of liis 

 assistants. If this examination shows a failure to comply with the 

 approved appHcation, the permit is canceled. 



A party wishing to change his point of diversion must apply to the 

 secretar}^ and secure a permit before making the change. On receipt 

 of such an application the secretary makes an examination to deter- 

 mine whether others will be injured by the change before the applica- 

 tion is approved. The applications received have been mostly 

 relocations of head gates rather than transfers of use to new locations, 

 but this provision covers transfers as well. Tliis puts upon the one 

 wishing to make the transfer the whole burden of proving to the satis- 

 faction of the secretary that the rights of others will not be injured, 

 instead of leaving those injured to bring action to prevent the transfer. 



DISTRIBUTION OF "WATER. 



The system of distributing water in Nebraska is similar to that in 

 Colorado and Wyoming, except that the officials have different titles. 

 The State is by law divided into two divisions, and the State board of 

 irrigation has authority to di^^de these into* districts upon petition of 

 those interested. Each of these two divisions have been divided into 

 six subdivisions, and five districts have been created. 



The State board, through its secretary, has general authority over 

 the distribution. Each of the divisions has an under secretary who 

 has supervision of distribution within his division, and in each district 

 there is an under assistant, who has immediate charge of distribution, 

 under the direction of the secretary of the board and the under 

 secretary of his division. 



