65 



testimony is to be stenograpliically r('j)()rl(Ml and iilcd in the oflico of 

 the clerk of the court. The expense of the referees and stenographer 

 is to be met b}- the State. 



The referee is to prepare the decree, wliich may be modified by the 

 court. The (hH-ree is to set forth ''the name and post-oflice address of 

 the person, corporation, or association entitled to the use of the water, 

 the quantity of water in acre-feet or the How of w ater in second-feet to 

 be used, the purpose for which the water is to be used, the time during 

 which the water is to be used each year, the name of the stream or 

 other source from which the water is div(>rte(l, the place on the stream 

 or other source where the water is diverted, the j)riority junnber of 

 the right, the date of the right, and such other matter as will fully and 

 completely define the right of said ])erson, corporation, or association 

 to the use of the water." 



Appeal may be taken to the .supreme coin-t of the State, but nuist ])e 

 taken within six months. If tlie decree is not appealed from, or 

 within thirty days after the final decree in case of appeal, the clerk of 

 the court is to i.ssue to each ])arty a certificate of his rights, which is to 

 be recorded in the office of the county recorder. A duplicate is to 

 be sent by the clerk to the State engineer, and by him file<l in his 

 office. This ^^•ill provide a tlouble record of all rights — one in the office 

 of the county recorder and one in the office of the State engineer. 



As was stated, there has been no adju(Hcati(m under this law. But 

 a hydrographic survey of the Weber Kiver system has been begun by 

 the engineer preparatory to an adjudication. The law providing for 

 this is general in its terms, re(|uiring the engineer to make complete 

 hydrographic surveys and "construct maps which shall exhibit the 

 essential facts relating to the supply, diversion, and use of the water. 

 * * * He shall also collect such other facts as will, in his judgment, 

 aid in ascertaining the existing rights to the use of water and in deter- 

 mining the volume of the surplus or unappropriated water, if any, of 

 each of such streams or sources." The details are left to the engineer. 



In this case the work is being done on an elaborate scale. The first 

 step was to make an examination of each ditch to determine the proper 

 place for putting in a measuring device, and the size and kind of device 

 best suited to each ditch. Detail drawings and bills of material for 

 each structure were then made. The device adopted is a flume with a 

 removable trapezoidal weir plate. The weir plate is removed during 

 high water and replaced in low water. It is also raised whenever it is 

 necessary to clear out the sediment which has collected behind it. 

 The engineer and his assistants also supervised the placing of the 

 flumes, to insure its being properly done. As there are 1,175 ditches 

 on this river system, this involved a great deal of work. The engineer 

 reports that these devices have been put in in at least 90 per cent of 

 the ditches. 



31774— No. 168—06 5 



