56 



agreement is reached informally. There were ahoiit fifty proofs to be 

 taken in vSei)teml)er, 190."), and the number is constantly increasing. 

 Any party feeling aggrieyed at the action of the engineer may appeal 

 to the courts, but there haye been no such ai)})eals. Others than the 

 claimants haye paid yery little attention to the su])mission of proof. 

 If the works haye been completed in accordance with the permit, the 

 engineer issues to the permit holder a certificate of the completion of 

 the works. 



Upon the issuing of a certificate of com])letion the holder pays to 

 the engineer a fee of S5 for a canal haying a capacity of 10 cubic feet 

 })(>r second or less; for larger canals the fee is at the rate of 30 cents for 

 each cubic foot per second. 



A similar procedure is follow^ed for making proof of the application 

 of the water to beneficial use, the cost of adyertising being about the 

 same. Maps are made by representatiyes of the engineer show^ing the 

 irrigated land. There haye been no contests or appeals in connection 

 with this. When beneficialuse has been proyed the engineer issues to 

 the party a license which giyes the numbers of the application, the 

 permit, and the certificate of completion, and further defines the 

 right, as follows: 



Now, therefore, by virtue of the authority vested in me by the laws of the State of Idaho, 



I hereby grant and confirm to , of , the holder and owner of said permit No. 



, a perpetual right, dating from , to the use of cubic feet per second of the 



waters of , in the county of and State of Idaho, or so much thereof as may be 



necessary for the purposes hereinbelow mentioned, to be diverted at and conducted 



to and upon for the purpose of , subject, however, to the laws of the State 



of Idaho applicable to a license for the use of the waters of the State, and subject, also, to 

 the local or community customs, rules, and regulations which have been or may be adopted 

 from time to time by a majority of the users from a common source of supply, canal, or 

 lateral fron^ which such water may be taken, when such rules and regulations have for their 

 object the economical use of such water. 



Up to September 5, 1905, twenty-two such licenses had been issued 

 coyering 2,413.9 acres, an ayerage of 110 acres per license, showing 

 that they were all for small works. The law has been in effect only a 

 little more than two years, and naturally only small works haye been 

 completed. 



Where a canal supplies water to others than its owners, the license is 

 issued to the owners rather than to the landowner. A fee of %2 for 

 each legal subdiyision of 40 acres or fraction thereof is charged for the 

 license when the water is used for irrigation, and a fee of S5 when the 

 water is used for some other ])urpose; but when two or more users, 

 whose lands join or who take water from a common lateral, join in 

 sul)mitting proof the fee is $1 for each legal subdiyision of 40 acres or 

 fraction thereof. 



