69 



tion wliich he (locnunl del riinontal lo tlic public interests, and the case 

 was a|)i)('ale(l to the court, wliere the en*j;ineer was ovcituUmI. This 

 chiuse of the hiw was repealed in 1905, but it is still the duty of the 

 engineer to reject applications "where there is no unappropriated 

 water in the ])roposed source of supply or where the proposed use 

 will conflict with ])rior applications or with existing rights." This 

 follows the Nebraska doctrine in making an approved ai)plicatiou 

 exclusive, since the law specifically nuMitions conflict with ]u-ior ai)j)li- 

 cations as cause for rejection. The engineer is also given authority to 

 inquire into the financial ability of applicants and into tlieir good 

 faith, but there is no authority to reject an apj)lication on either of 

 these grounds, as the engineer is required to ap])rove all api)lications 

 "made in ])roper form and which are not in conflict with jirior aj)])li- 

 cations or when tlie ))rt)])osed use will not impair the value of existing 

 rights."' 



In approving an application the engineer fixes the time at which 

 the work nuist be com|)leted, not exceeding five years from the date 

 of approval, but he has authority to extend this time later, for good 

 reasons. Work must be begun within six months, l)ut there is no 

 provision for determining whether this is done. In making final 

 proof the applicant sw^ears to this, however. 



Final proof consists in statements by the aj)])ropriator sworn to 

 by himself and two disinterested witnesses, and a map, profile, and 

 drawings made on tracing linen showing: 



The location with reference to the United States land surve3s; tlie nature and extent of 

 the completed works; the natural .stream orother .source from which and the place where 

 the water is diverted; the places and manner of cro.ssing or connecting with other works or 

 streams; the ground and grade lines, cross sections, and dimensions of the various forms of 

 the diverting channel; the character of the materials moved and u.sed in construction; the 

 several appliances em.ployed to divert, measure, and regulate the water; the character of 

 all structures which cross, support, or constitute the diverting channel or any part of it and 

 such other matter as will full}' aad correctly delineate the work done and conform to the 

 general rules and regulations of the State engineer's office. The map, profile, and drawings 

 shall each he certified, under oath, by the engineer who has made the same and by the 

 applicant whose works they represent, said certificates to be substantially of such form 

 as the State engineer shall b}- general rule prescribe. No certificates of appropriation shall 

 be issued i)y the State engineer before the proof of appropriation shall have been made in 

 the manner hereinabove described and any person who shall refuse or neglect to make such 

 proof shall be guilty of a misdemeanor. 



The rules of the engineer require that the maps shall be in duplicate 

 on tracing linen, on sheets 24 by 30 inches, on a scale of 400 feet to 

 L- : "^ch, and if the whole can not be shown on one sheet more than 

 one xxx.-L ': be used. Profiles must show the groimd line of the diverting 

 channel in India ink, grade line of diverting channel in red ink, cross 

 sections of the various forms of the channel and the dimensions 

 thereof. Drawings must show the details ot the diverting dam; 

 details of head gate, measuring device, crossings, flumes, trestles, 



