March 1908.J 



219 



Edible Products. 



irregular or insufficient for agricultural 

 purposes, are declared to be the pro- 

 perty of the public, and may be acquired 

 by appropriation for the purpose of 

 irrigation. 



Art. 3116.— The storm or rainwaters 

 may be held or stored for beneficial 

 purposes and diverted for irrigation, 

 milling, waterworks and stock raising. 



Art. 3117.— The ordinary flow or 

 underflow of any streams may be di- 

 verted from its natnral channel for 

 irrigation, &c, provided that damage 

 to a riparian owner may be determined 

 by condemnation proceedings. 



Art. 3118. — Appropriation of water is 

 confined to objects enumerated in 

 Art. 3116. 



Art. 3119.— Priority of rights is deter- 

 mined by date of appropriation. 



Art. 3120.— An appropriator, within 

 90 days after beginning construction of 

 irrigation works, must file and record in 

 the office of the county clerk a sworn 

 statement of location of headgate, name 

 of canal, size of canal in width and 

 depth, carrying capacity in cvibic feet 

 per second, name of stream from which 

 taken, time when work was commenced, 

 name of owner and map showing route 

 of canal. In case the water is taken 

 from a reservoir, dam or lake the state- 

 ment filed shall include the locality, 

 name of survey upon which located, 

 acreage covered, boundaries of reservoir 

 or lake and area of watershed from 

 which collected. With the filing of such 

 statement, claimant's right relates back 

 to time when construction began. Owners 

 of works constructed prior to the pass- 

 age of this Act shall file and record like 

 statements within 90 days after the law 

 goes into effect, but the failure to do so 

 will not work a forfeiture of such rights 

 nor prevent their establishment in the 

 courts. 



Art. 3122.— Rights to water for pur- 

 poses stated in Art. 3116 may be ac- 

 quired by filing and recording a sworn 

 statement of declaration of intention 

 with full description of proposed works ; 

 construction must begin within 90 days 

 after filing said statement, and the work 

 thereon must be prosecuted diligently 

 and continuously to completion. 



Art. 3123— " Completion" is defined 

 as carrying water in main canal to place 

 of intended use. 



Art. 3124.— Having acquired the 

 right to divert water from a stream, no 

 appropriator shall be deprived of* the 

 use of said water, or any part of it, 

 except that riparian owners may use 

 said water for domestic purposes ; and 

 any person whose land may be located 



within the watershed from which the 

 storm waters are collected may construct 

 dams upon his own land to store water 

 for domestic purposes, but all excess of 

 water above that lawfully appropriated 

 may be appropriated by others. 



Art. 3125. -Corporations may be 

 formed and chartered lor the purpose 

 of constructing and operating works for 

 the diversion of water, and shall have 

 power to sell water rights secured by 

 liens on land or otherwise, or otherwise 

 dispose of the water under their control. 

 All persons owning a possessory right to 

 the use of water in a canal or other 

 works shall be entitled to be supplied 

 therefrom in accordance with contract 

 terms ; but if the price is not agreed 

 upon, the owners of the water, having 

 more than sufficient to meet existing 

 contract requirements, must neverthe- 

 less deliver the water to such persons at 

 such prices as may be r easonable and 

 just ; and in case of drought or accident, 

 causing shortage in the supply, all con- 

 sumers shall be provided pro rata, ac- 

 cording to the amount to which each 

 consumer is entitled. A permanent 

 water right shall be an easement to the 

 land and pass with the title thereof. 

 Any instrument of writing pro- 

 viding a permanent water right may be 

 recorded the same as land transfers. 



Art. 3126.- Rights of way, 100 feet 

 wide, over all public, free school, univer- 

 sity and asylum lands, and the use of 

 the material thereon for construction 

 purposes, is granted to corporations and 

 associations, and right of way over 

 private lands and land for storage reser- 

 voirs may be obtained by contract or 

 by condemnation proceedings. Water 

 belonging into riparian owners may be 

 obtained by condemnation and payment 

 of damages to private property as pro- 

 vded in railroad cases, and the delay 

 thus caused shall not work a prejudice 

 to the person constructing the canal or 

 other works. 



Art, 3127.— Surplus water shall be 

 returned to the stream from which 

 taken. 



Art. 3128.— Right of way along or 

 across public highways is granted, but 

 necessary brrdges must be constructed 

 and the usefulness of the highway in no 

 way impaired. The route of a public 

 highway over a dam site, reservoir or 

 lake may be changed by the Commis- 

 sioners' Court at the expense of the 

 persons owning said site. 



Art. 3129.— No cause of action for 

 damages by live-stock shall accrue to 

 owners of canals, &c, unless the same 

 shall Oe kept securely fenced. 



