28 Bulletin 67. 
public stream into another and then divert it from the latter 
stream. 
The 2nd section requires any person or company so trans¬ 
ferring water from one public stream to another to construct 
and maintain, under the direction of the state engineer, measur¬ 
ing flumes or weirs and self-registering devices where the water 
leaves its natural watershed and is turned into another, and also 
where it is diverted for use from the public stream. 
• In the 3rd section it is made the duty of the water commis¬ 
sioner of the district where the water is used, to keep a record of 
the water so turned into his district. 
The 4th section permits, without injury to others, the 
owner of a reservoir to deliver storage water either into a ditch 
or into a public stream to supply early appropriations, and in ex¬ 
change therefor to take from the public stream higher up an 
equal amount of water, with deduction for loss, if any, to be 
determined by the state engineer. The same section requires 
the person or company desiring such exchange to construct and 
maintain, under the direction of the state engineer, measuring 
flumes or weirs and self-registering devices at the point where 
the water is turned into the stream or ditch, so that the water 
commissioner may readily determine and secure a just and equit¬ 
able exchange. 
In 1899, an Act in Relation to Irrigation, adopted, had spe¬ 
cial reference to the matter of changing the point of diversion 
by an appropriator when it can be made without injury to the 
prior rights of others, and a judicial consideration in advance 
of the proposed change. In connection with the procedure, the 
state engineer is to receive and file a copy of the map and decree 
permitting* the exchange, and thereupon to issue a notice to the 
water commissioner in charge, notifying him of the change. 
(Sess. Laws of 1899, p. 236, Sec. 2.) 
Also in the year 1899 an act was passed in relation to reser¬ 
voirs. (Sess. Laws of 1899, pp. 314 to 317.) 
The 1st section provides that no reservoir of a capacity 
of more than 75,000,000 cubic feet, or having a dam or embank¬ 
ment in excess of ten feet in vertical height, and covering more 
than twenty acres shall thereafter be constructed, unless plans 
and specifications therefor shall first be approved by the state 
engineer. The state engineer is required to act as consulting 
engineer during the construction of such reservoir, with authority 
to require the work to be done to his satisfaction. A written 
statement concerning the work of construction and the com¬ 
pletion thereof to his satisfaction must be given by the state 
engineer specifying the dimensions and capacity of the reservoir. 
The 2nd section provides for the expenses of the state 
