57 
Incorporated companies may obtain decrees and may collect fees as 
common carriers, and as long as there is water in the canal must per- 
mit persons under the canal to use the same upon the payment of the 
carrying charge. This charge may be regulated by the board of 
county commissioners. 
When water is distributed to users or ditches for a Length of time 
proportionate to their claims, usually the maximum quantity that can 
be used economically, the process is known as " prorating." In the 
distribution of water, while prorating is not -auctioned by law in 
tilling ditches from the river, it is permissible in distributing to owners 
in common under one ditch; the point of difference being that in one 
case the dates of decrees are different, in the other they are identical. 
The right to the use may be transferred from one individual to 
another, and a d(^^\ to the land does not carry the right to the water 
unless specifically mentioned. Water may he transferred from one 
ditch to another and its point of diversion changed up or down the 
stream. It may be transferred from one drainage to another; it- place 
and character of use may be changed, providing always that the estab- 
lished rights of others in tin 1 waters are not interfered with. 
The builders of ditches have the power to condemn a right of way. 
Ditches are not subject to taxes except when constructed for the pur- 
pose of deriving a revenue therefrom. 
Domestic uses have no real preference over agricultural except 
that water used for agricultural purposes may he condemned when 
necessary for domestic uses. This right of condemnation alone dis- 
tinguishes them. 
Seepage and waste waters may be appropriated and are governed 
by the same laws as water from streams. 
The laws passed by the general assemblies of l*w and 1901 are 
quite important; they are interesting also as pointing out the difficul- 
ties to be overcome and as showing the effort toward more economical 
use of water. The laws of 1899 provided that tilings shall be examined 
by the State engineer and a fee for the same collected. This is a step 
in the right direction; but the State engineer can not reject the tiling-, 
he having only power to return them and request a more accurate and 
complete statement. He does not examine into the merits of the 
claim that reservoirs covering more than 20 acres or having a dam 
more than 10 feet high shall be under the control of tin 1 State engi- 
neer, both during construction and afterwards. He may fix the height 
to which a reservoir may be tilled at any time. This law provides 
penalties and methods of procedure against dams deemed unsafe, and 
upon complaint of three persons the State engineer must examine the 
dam complained of. The costs of the examination fall on the persons 
making the complaint if made on insufficient ground— a very wise pro- 
vision, as it acts as a check on the ill-considered reports people are 30 
