81 



and the engineer is given "general supervision of the waters of the 

 State and of the measurement and apj)roj)riation tliereof." 



The previous huv of North Dakota ])rovided for posting and tiling 

 notices, as did the laws of other States, and the State engineer has 

 secured from the county ofTicers copies of all such notices. The 

 records show nothing as to what was done under these notices, but the 

 engineer has examined the locations covered by a number of them and 

 found that nothing had been done under those particular ones. The 

 early notices seem, therefore, to represent very few, if any, existing 

 rights. This is shown also by the census of 1902, which gave the area 

 irrigated in North Dakota as about 10,000 acres. This includes con- 

 siderable areas which are flooded b}' natural overflow. The area 

 which can be called irrigated is nuich smaller. The present law, 

 therefore, goes into effect with very few undefmed rights to stand in 

 the way of the engineer in assuming control of the waters of the State. 

 The engineer is empowered to make all necessary general rules and 

 regulations to carry into effect the duties devolving upon his ollice. 



DEFINING RIGHTS. 



The engineer is to make hydrographic surveys of the streams of the 

 State, begimiing with those most used for irrigation, ' ' obtaining and 

 recording all available data for the determination, development, and 

 adjudication of the water supply of the State." When the survey of 

 any stream is finished, the engineer is to deliver a copy of the maps 

 made to the attorney-general of the State, together with all data nec- 

 essary to the determination of the rights to the stream. The attorney- 

 general is to intervene on behalf of the State, if advised to do so by 

 the engineer, and in any suit brought hereafter the court is to call on 

 the engineer to make hydrographic surveys. 



When a decree is rendered, two certified copies are to be made, one to 

 be filed in the office of the State engineer and one in the office of the 

 water commissioner of the division in which the stream is situated. 



The costs of the hydrographic surveys are to be assessed against the 

 parties to the adjudication, but $2,000 is appropriated for advancing 

 these costs. Tliis is to be a permanent revolving fund. No adjudica- 

 tions have been begun and probably will not be for some time. A few 

 streams in the northwestern part of the State are beginning to be over- 

 appropriated, and surveys and adjudications may be made there in a 

 few years. 



As no adjudications are underway, the engineer has not determined 

 what he will include in '' all data necessary to the determination of the 

 rights." 



31774— No. 168—06 6 



