87 



year. "TTp is to have tho »j;eneral suj^orvisioii of the waters of the 

 State and of tlie ineasureinents and ai)i)ropriation thereof, inchiding 

 the duties of loeating surveys and niakini!; estimates of the cost of 

 (h-aina,i:;e canals and (Htelies within the State to carry off the surplus 

 waters caused hy the overflow of rivers, or otherwise preventin<i; mala- 

 rial diseases ami damage to growing crops." However, no appropria- 

 tion was made for the carrying out of the j)rovisions of the law, and it 

 has therefore heen ino})erative." 



DEFINING RIGHTS. 



The State engineer is to make hydrographic surveys of each source 

 of water supply in the State and collect and record all availahle data 

 for the determination, develoi)ment, and adjudication of the water 

 supply of tile wState. I'i)on the completion of the hydrographic survey 

 of any stream system he is to deliver copies of all data necessary for 

 determination of the rights to the use of the waters from tliat system 

 to the attorney-general of the State, who shall, within sixty days, 

 hring suit for the determination of all rights to the use of the stream. 

 However, if suit has heen hegun hy j)rivate parties he need not hring 

 another action, but shall intervene in such suit if notified hy the engi- 

 neer to do so. 



In any suit for the determination of water rights, all who claim 

 rights to the same source may he made parties, and the court is to call 

 upon the State engineer to furnish complete hydrographic surveys and 

 obtain all data necessary to the determination of the rights. The 

 costs of the suit, including all work done by the State engineer, are to 

 be charged to the parties in proportion to the amounts of water 

 allotted to them. For the purpose of meeting these expenses an 

 appropriation of $500 was made, to be returned to the State treasury 

 when collected from the parties. Upon the completion of an adjudi- 

 cation the clerk of the court is to make two certified copies of the 

 decree, one to be filed in the office of the State engineer and the other 

 in the office of the water commissioner in the water division in which 

 the stream is situated. The decrees shall in every case declare the 

 priority, amount, purpose, place of use, and if for irrigation the spe- 

 cific tracts of land to which the rights shall be appurtenant, together 

 with such other conditions as may be deemed necessary to define the 

 right and its priority. 



ACQUIREMENT OF RIGHTS. 



Any party hereafter wishing to acquire a right to use water must 

 make application to the State engineer for a permit, giving all the data 

 necessary for the proper description and limitations of the rights 



a Since this was written an engineer has been appointed. He has prepared forms for 

 applications for permits, and is making a general reconnaissance of the State. 



