55 



There has ])C'C'U hut one appeal to the courts from tlie rulm<]js of the 

 eii»;ineer on an ai)phcation, and that was settled out of court. If the 

 matter had remained in the court, the eno:ineer would have jilaced the 

 matter in the hands of the attorney-general. Most of the aj)plications 

 made have to be returned to the applicants for correction, and as a rule 

 they are corrected in accordance with the suggestions of the engineer 

 and returned. Many ap|)licants employ attorneys to make out their 

 papers, but as a rule these do not meet the requirements any ])etter 

 than the others. 



Before the expiration of the time allowed for the completion of 

 works under a permit the liolder must submit proof of the completion 

 of the works in accordance with the permit. At least sixty days 

 before the expiration of the time allowed the holder must send to tlie 

 engineer a notice that he will be prepared to submit proof of comple- 

 tion on a stated day, and if the w^orks are to carry more than 50 cubic 

 feet per second an engineer's certificate must be submitted witli the 

 notice of proof. In practice the engineer notifies the holder of the 

 permit of the time wdien his works should be completed and of the time 

 when he should notif}^ the engineer of his readiness to submit proof. 

 The notice to the engineer is sent on blank forms provided by the 

 engineer and gives the date when proof will be submitted, the name 

 and post-oflice address of the holder of the permit, the number of the 

 permit, the purpose for which the water is to be used, the capacity of 

 the works, the area of land for which the water is available for canals 

 carrying more than 50 cubic feet per second, a certificate from an 

 engineer that the statements made in the notice are true, and the name 

 of the newspaper in which the permit holder wishes notice of his sub- 

 mitting of proof pu])lished. 



Upon the receipt of such a notice the engineer orders it published 

 for a period of four w^eeks in the newspaper designated by the holder 

 of the permit, the notice to contain also the date when proof will be 

 submitted to the engineer and the place where it will be submitted. 

 This publication is at the expense of the applicant, and the average 

 cost up to this time has been about $5. The engineer has printed 

 forms for these notices, for letters transmitting them to newspapers, 

 and for acknowledgment of their receipt by the publishers. The 

 permit holder may submit affidavits from tw^o engineers as to dimen- 

 sions and grade of ditch, and the State engineer may demand profiles 

 and cross sections, and if the works are completed may order the 

 water turned into them for the purpose of measuring it. The holder 

 makes a sworn statement and submits depositions from two witnesses; 

 the engineer examines the works and makes a report on their condi- 

 tion. So far there have been no serious differences between the state- 

 ments submitted and the results of the measurements made by the 

 engineer. When differences occur further examination is made and 



