76 



The engineer may, in his discretion, hear evidence in support of or 

 against any application and shall then take such action thereon as he 

 deems ])roper and just. Such hearings have been decided against in 

 Utah as an exercise of judicial power by the engineer. (See p. 68.) 



If there is \mappro])riated water in the source of supply and if appro- 

 priation is not detrimental to the public welfare, the engineer is 

 required to approve the application. The present engineer interprets 

 the clause allowing him to reject an application because detrimental 

 to the public welfare as giving him but little power. He deems it the 

 duty of the engineer to accept the applications in the order of their 

 receipt if there is unappropriated water and the new appropriation is 

 for a lawfid use. Anyone dissatisfied with the action of the engineer 

 may appeal to the courts within sixty days after the decision of the 

 engineer, but until the engineer's decision is ovemded by the court 

 the party is not allowed to proceed with the construction. Within 

 six months after an application is approved by the engineer the appli- 

 cant must file a map on a scale of not less than 2 inches to the mile, 

 showing the location of the works, source of apj)ro])riation, and, if for 

 irrigation, the land to which the water is to be applied. On submis- 

 sion to the engineer of satisfactory proof that works have been built 

 in accordance with the ap])roved application and the water applied to 

 the beneficial use intended, there is issued to the applicant a certificate 

 setting forth the name of the appropriator, the date, source, purpose, 

 and amount of the appropriation, and, if for irrigation, a description 

 of the land to be irrigated. These certificates are to be recorded 

 within thirty days in the county in which the point of diversion is 

 located and also in the county where the water is to be used in books 

 specially kept for that purpose, the fee for this recording being $1, to 

 be paid by the party in whose favor the certificate is issued. Between 

 May 1, 1905, when this law went into effect, and September 5, 1905, 

 twelve applications had been made, nearly all of these being for large 

 and important works. But one of these had been approved vSeptember 

 1. The others had not yet been acted upon. The rules for submit- 

 ting final proof have not yet been formulated, as there is not yet any 

 occasion for their use. 



The usual expense for publishing the notice of an application is fi-om 

 $7.50 to $10 for the four weeks required. After this publication, if no 

 objection is made, the applications are granted. 



DISTRIBUTION OF WATER. 



For the distribution of water the State board of irrigation is given 

 power to divide the State into such districts as are necessary and to 

 appoint water commissioners for these districts. The engineer, how- 

 ever, has general su])ervision of tlie distribution. On the (^irson 

 liiver, the only one adjudicated thus far, the engineer has divided the 



