STATE LAND LAWS 

 PERPETUAL WATER RIGHTS. SECS. 378-379 



any work constructed under any contract or to hold the state in 

 any way responsible to settlers for the failure of contractors to 

 complete the work according to the terms of their contracts with 

 the state. (Laws '05, p. 116, sec. 8; sec. 6736 Rem.-Bal. ; 271 

 sec. 389 Pierce.) 



SEC. 378. CONTRACTS ATTACH TO LAND. 



Whenever application has been made to the Commissioner of 

 Public Lands for the purchase of any of the irrigible lands de- 

 scribed in this chapter as provided by law, the said application 

 shall be accompanied by the sworn statement of the applicant 

 that he is ready and willing to enter into contract with the per- 

 son, company, or association of persons, or incorporated com- 

 pany, who have been authorized by the Commissioner of Public 

 Lands to furnish water for the reclamation of said lands, which 

 statement shall be filed with said application, and the Commis- 

 sioner of Public Lands may thereupon proceed to the appraise- 

 ment, advertisement and sale of said lands as provided by law. 

 In case of the sale of any lands to any party pursuant to 

 the appraisement and advertisement thereof, the Commissioner 

 of Public Lands shall not issue a contract therefor until there 

 shall have been filed in his office a certified copy of a contract 

 for a perpetual water right for said lands made and entered 

 into by the party purchasing the same with the person, com- 

 pany or association of persons, or incorporated company, who 

 have been authorized by the Commissioner of Public Lands to 

 furnish water for the reclamation of said lands. (Laws '05, p. 

 116, sec. 9 ; sec. 6737 Rem.-Bal. ; 271 sec. 391 Pierce.) 



SEC. 379. WATER RIGHT RUNS WITH LAND FORECLOSURE. 



The water right to all land acquired under the provisions of 

 this chapter shall attach to and become appurtenant to the land. 

 Any person, company or association of persons, or incorporated 

 company furnishing water for any tract of land shall have a 

 prior lien on said water right and land upon which said water is 

 used for all deferred payments for said water right and for any 

 maintenance fee due, said lien to be in all respects prior to any 



