THE IRRIGATION AGE. 



Said application was made in reference to and 

 in compliance with the provisions of Senate File No. 

 45, of the State of Wyoming, in Chapter 69, pages 74, 

 75 and 76, of the Session Laws of 1903, of the State 

 of Wyoming, approved February 21st, 1903, entitled : 

 "An Act to encourage the storage, for a beneficial use, 

 of the unappropriated waters of the State of Wyoming, 

 and defining the authority of the State Engineer, and 

 the duties of the Water Commissioner thereunder." 



Said Act of the Legislature of Wyoming was in 

 full force and effect, when, and at the time, said appli- 

 cation was, as aforesaid, transmitted to the Secretary 



more particularly referred to. 



3d. That on the 8th day of October, 1904, the 

 appellant, Heyward G. Leavitt, filed with the secre- 

 tary of the State Board of Irrigation of Nebraska his 

 application, Number 769, for leave to appropriate from 

 the North Platte River, within the State of Nebraska, 

 one thousand, eight hundred and four sevenths (1,800 

 4/7) cubic feet of water per second of time, to be 

 used for irrigation and domestic purposes. 



That said appellant stated in his said application 

 his purpose to construct an irrigating ditch or canal, 

 under and by the name of the "Union Canal." 



IBBiBnBl^lHHBBBHHBBB 



Sand Springs Falls (in Winter) near Thousand Springs, 180 feet high, near Hagerman, Lipcoln County, 

 >f Trrifmt.inn nf the State nf Nebraska. Thai said annlication was m 



Idaho. 



of the Board of Irrigation of the State of Nebraska, 

 and is still in full force and effect herein. A true and 

 correct copy of said Act of the Legislature of the 

 State of Wyoming is hereto annexed, marked "Exhibit 

 A," and made a part of this petition. 



2d. Appellant further shows that no action was 

 taken by the secretary of the State Board of Irriga- 

 tion of Nebraska, or by the State Board of Irrigation 

 itself, save and except that said application was, as 

 aforesaid, transmitted to and received by the secretary 

 of the State Board of Irrigation, until the 14th day 

 of February, 1905, and long subsequent to the appli- 

 cation to appropriate waters from the North Platte 

 River, made by the appellant herein, and hereinafter 



Thai said application was made upon one of the 

 blanks furnished to said appellant by the State Board 

 of Irrigation for such purpose, and there was attached 

 thereto all the information required by the State Board 

 of Irrigation, and fully and correctly all maiters re- 

 quired by the Statutes of the State of Nebraska, relat- 

 ' ing to such applications, as may be seen by referring 

 to the certified copy thereof, contained in the tran- 

 script filed herewith, in the case entitled herein. 



Said application, plate and schedule accompanying 

 the same, being hereby referred to, are made a part 

 of this petition, to the same effect, and with the like 

 intent as though incorporated at length herein. 



4th. That the secretary of the State Board of Irri- 



