58 
prone to make; at the same time the law stops the tendency of men in 
charge to overcrowd the capacity of the reservoir. 
The most important law. however, and the one attracting the most 
attention during the legislative term of L899 was the one providing 
for the transfer and exchange of water/' This law is given here in full: 
Sec. 1. Every person desirous of changing the point of diversion of his right t<» nee 
water from any of the streams of this State shall present his petition to tin- district 
court from which the original decree issued, praying such changes may 1..- granted 
to him, and the practice and procedure on the hearing of Buch petition shall be the 
same as if said petition were for an original decree. The court shall require proof 
that all parties who may be affected by such change have been duly notified of the 
proceeding; and shall hear evidence to determine whether or not such change will 
injuriously affect the vested rights of others in and to the use of water: and if the said 
court shall find that such change will not injuriously affect the rights of others, a 
decree shall be entered allowing said party to make such change. 
Sec. 2. CTpon the granting of such decree as provided for in the first section hereof, 
the party desirous of making such change shall cause to he prepared two accurate 
maps showing the old and new ditches, the Burrounding lands, and the lands of 
other owners in the vicinity, in the same manner a- required in the case of original 
appropriations of water, and shall rile one of said maps and a certified copy of the 
decree with the county clerk of the county in which the head gate of the ditch, as 
Bought to he changed, is situate, and another copy of said map and decree shall be 
tiled with the State engineer, whereupon said State engineer shall issue a notice to 
the water commissioner having jurisdiction over said ditch, notifying him of the 
change made, and thereupon said water commissioner shall allot the priority right 
t< > the use of water to the new ditch which formerly was allotted to the original ditch, 
anil shall recognize such change in the distribution of water. 
Sf.c. 3. It shall lie lawful, however, for the owners of ditches and water rights 
taking water from the same stream to exchange with, and loan to, each other for a 
limited time the water to which each may be entitled, for the purpose of saving crops 
or of using the water in a more economical manner: Provided^ That the owner or 
owners making such loan or exchange shall give notice in writing signed by all the 
owners participating in said loan or exchange stating that such loan or exchange has 
been made) and for what length of time the same shall continue, whereupon said 
water commissioner shall recognize the same in his distribution of water. 
Sec. 4. In the opinion of the general assembly an emergency exists, therefore this 
act shall take effect and he in force from and after its passage. 
Approved, April 6, 1S99. 
The first two sections of the bill are generally approved, as taking 
out of the hands of the irrigation officials the power to order a change 
from one ditch to another, and as rendering any surreptitious change 
invalid. Of course, the great good accomplished is that it gives notice 
to all who could he injuriously affected that they have the right to 
appear and object; and. too. after the order of change has been 
granted in accordance with law the decree under the change is not 
Liable to be assailed, and so the title is as good and permanent as 
though no change had been made. Another good feature is that a 
map of the old and new ditches and the lands thereunder must he 
tiled; this filing becomes a valuable document for reference to the 
iwa 18», p. 235. 
