406 lucpoirr of office of experiment stations. 



a flat rate for all applications (1905, cli. 108), and under the decision 

 of the Utah courts the enj^ineer has no authority to reject ap|)lica- 

 tions. There was, therefore, no limitations on the (piantitv of \vat(>r 

 which niii^hl be filed on by an apj)licant for permit to appropriate 

 water. This was changed in 1907 (ch. 156) by making the filing fee 

 depend upon the ((uantity of water applied for, the fee being $2,50 

 for any quantity up to 10 cubic feet per second, and $1 for each cubic 

 foot per second above 10. One dollar per cubic foot per second is not 

 a burdensome fee for a legitimate enterprise, but it will be a check 

 upon extravagant claims, such as were sometimes filed under the old 

 law. 



AVhile the laws of the States mentioned provide a procedure for 

 ac((uiring rights, they do not all provide penalties for diverting 

 water without following this procedure. In 1907 Wyoming and 

 South Dakota enacted laws making diversion before securing a per- 

 mit a misdemeanor. 



DISTRIBUTION OF WATER. 



New Mexico and Oregon included in their laws enacted in 1907 and 

 1909, respectively, the provisions common to most of the arid States, 

 for the division of their territory into districts and the appointment 

 of commissioners within those districts charged with the distribution 

 of water from streams to the canals entitled to receive it. 



In New ^lexico the territorial engineer is to make these appoint- 

 ments, either on the application of a majoritv of the water users of the 

 districts or on his own motion. These commi.ssioners are to receive 

 $4 per day for the time actually employed. Ditch owners are reciuired 

 to put in head gates and measuring devices, and in case of refusal the 

 engineer may refuse to deliver water to them. No commissioners are 

 to be appointed until streams are adjudicated. 



The Oregon law of 1909 provides that the board of control shall 

 divide the State into districts and appoint water masters, who are to 

 distri})ute water. They are to receive $4 per day for the time actu- 

 ally employed, or SlOO per month, to be paid by the counties in which 

 the work is done. Under the law — 



said water master shall as near as may be regulate and control the use of the water 

 of all streams within his district by such closing or partial closing of head gates as will 

 prevent the waste of water, or its use in excess of the volume to which the owner of the 

 rights is lawfully entitled. 



The provision c(uoted is different from the laws of the other ^States, 

 which direct the commissioners to distribute the water in accordance 

 with the decreed or other defined rights. It is not likely that this 

 wall make the administration of the Oregon law different from that of 

 any of the others. 



