STATE LAND LAWS 

 WATER APPROPRIATION. SEC. 388 



of such counties : Provided, That in case such certificate shall 

 not be filed with said Commissioner of Public Lands within the 

 period of one year herein limited therefor the waters specified 

 in such notice shall, after the expiration of said period of one 

 year, become unaffected by such notice and subject to appropria- 

 tion as they would have been had such notice never been given : 

 And provided farther, That in case such certificate be filed within 

 said one year and the United States does not authorize the con- 

 struction of works for the utilization of such waters within said 

 three years after the filing of said certificate then the waters 

 specified in such notice and certificate shall, after the expiration 

 of said last named period of three years, become unaffected by 

 such notice or certificate and subject to appropriation as they 

 would have been had such notice never been given and such cer- 

 tificate never filed. (Laws '05, p. 180, sec. 3; sec. 6410 Rem.- 

 Bal.; 271 sec. 363 Pierce.) 



Secretary of Interior to make examinations: sec. 612, post. 

 Appropriation of waters, generally: sec. 6315 et seq., Rem.-Bal. 

 The commissioner may make successive orders of withdrawal under this 

 section : Opinion Att'y Gen'l, Jan. 21, '13. 



SEC. 388. APPROPRIATION OF WATER. 



Whenever said secretary of the interior or other duly author- 

 ized officer of the United States shall cause to be let a contract 

 for the construction of any irrigation works, or any works for 

 the storage of water for use in irrigation, or any portion or sec- 

 tion thereof, for which the withdrawal has been effected as pro- 

 vided in section 387, any authorized officer of the United States, 

 either in the name of the United States or in such name as may 

 be determined by the secretary of the interior, may appropri- 

 ate, in behalf of the United States, so much of the unappropri- 

 ated waters of the state as may be required for the project, such 

 appropriation to be made, maintained and perfected in the same 

 manner and to the same extent as though such appropriation 

 had been made by a private person, corporation or association, 

 except as to the time for the initiation, prosecution and comple- 

 tion of the necessary works for the utilization of the waters so 

 appropriated; which time shall be controlled b}^ the provisions 



