CHAPTER 65.

IRRIGATION.

AN ACT to Protect and Regulate the Irrigation of Lands in the Territory of Wyoming.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

any

of water for

granted.

SECTION 1. All persons who claim, own, or hold a possessory Persons holdright, or title, to any land or parcel of land, within the boundary in stream of Wyoming Territory, when those claims are on the bank, mar- entitled to use gin, or neighborhood, of any stream of water, creek, or river, irrigation. shall be entitled to the use of the water of said stream, creek, or river, for the purposes of irrigation, and making said claim available, to the full extent of the soil, for agricultural purposes. SEC. 2. When any person owning claims in such locality, has Right of way not sufficient length of area exposed to said streams to obtain a sufficient fall of water, to irrigate his land, or that his farm, or land, used by him for agricultural purposes, is too far removed from said stream, and that he has no water facilities on those lands, he shall be entitled to a right of way through the farms, or tracts of land, which lie between him and said stream, or the farms, or tracts of land, which lie above, and below him, on said stream, for the purposes hereinbefore stated; Provided, That, in the construc- Proviso. tion, keeping up, and using any ditch through the lands of another person, the person or persons constructing or using said ditch, or whose duty it shall be to keep the same in repair, shall be liable Person using to the person owning or claiming such land, for all damages accru- damages. ing to such person by reason of said construction, keeping up and · using such ditch.

ditch liable for

SEC. 3. Such right of way shall extend only to a ditch, dyke, Limitsofright or cutting, sufficient for the purposes required.

of way.

scarcity,coun

portion.

SEC. 4. In case the volume of water in said stream, creek, or In case of river, shall not be sufficient to supply the continual wants of the ty commisentire country through which it passes, then the county commis- sioners to apsioners of the county shall appoint three commissioners, as hereinafter provided, whose duty it shall be to apportion, in a just and equitable proportion, a certain amount of said water, upon certain, or alternate weekly days to different localities, as they may, in their judgment think, best, for the interest of all parties concerned, and with due regard to the legal rights of all.

commission

SEC. 5. Upon the refusal of the owners of tracts of land, or Appeal to co. lands, through which said ditch is proposed to run, to allow of its

refusal of right of way.

ers, in case of passage through their property, the persons desiring to open such ditch, may present to the county commissioners of the county in which said lands are located, a petition, signed by the person, or persons, describing, with convenient accuracy, the lands so required to be taken as aforesaid, setting forth the name, or names, of the owner, or other person interested, and praying the appointment of three appraisers to ascertain the compensation to be made to such owner, or persons interested. Upon the receipt of said petition, the said county commissioners shall give notice, at least thirty days prior to the appointment of the said appraisCounty com- ers, by public notice in a newspaper, when published in the shall proceed, county or by posting three or more notices in three different places in said county, stating that such appraisers will be appointed on the day of

missioners

how.

Appraisers to qualify.

SEC. 6. The said appraisers, before entering upon the duties of their office, shall take an oath, to faithfully and impartially discharge their duties, as said appraisers. They shall hear the proofs and allegations of the parties, and any two of them, after reviewing the premises, shall, without fear, favor or partiality, Shall ascer ascertain and certify the compensation proper to be made to said fy the proper Owner, or persons interested, for the lands to be taken or affected, compensation as well as all damages accruing to the owner or persons interested,

tain and certi

in consequence of the condemnation of the same, taken or injuriously affected as aforesaid, making such deduction or allowance for real benefits, or advantages, which such owner, or parties interested, may derive from the construction of said ditch or Certificate of flume. They, or a majority of them, shall subscribe a certificate be recorded in of their said ascertainment and assessment, which shall be recorded county clerk's in the county clerk's office of the county, in which said lands are situated, and upon the payment of the compensation, (if any), the the said person or persons shall have the right of way to construct said ditch or flume.

assessment to

office.

Persons living

on or near a

construct

ing water.

SEC. 7. All persons on the margin, bank, neighborhood, or prestream, may cinct, of any stream of water, shall have the right and power to chine for rais-place upon the bank of said stream, a wheel, or other machine, for the purpose of raising water to the level required for the purpose of irrigation, and the right of way shall not be refused by the owner of any tract of land upon which it is required, subject, of course, to the like regulations as required for ditches, and laid I down in section six of this chapter.

Owners of ditches to ke'p

SEC. 8. The owner or owners of any ditch for irrigation, or them in repair other purposes, shall carefully maintain the embankments thereof, so that the waters of such ditch may not flood or damage the premises of others.

mill or ditch

Prior rights of SEC. 9. Nothing in this chapter contained, shall be so construed owner not to as to impair the prior vested rights of any mill, or ditch owner, or be impaired. other person, to use the waters of any such water-course.

commission

Notice of ap- SEC. 10. The commissioners provided for by section fourth of pointment of this chapter, shall not be appointed until at least ten days preers to be given vious notice shall have been given to the parties in interest, by posting notices of the time and place, when and where such appointment will be made, in at least three public places within the region watered by the said stream, creek or river.

be bridged

SEC. 11. Any ditch company constructing a ditch, or any indi- All ditches to vidual having ditches for irrigation, or for other purposes, when- where they ever the same be taken across any public highway, or public tray- cross public eled road, shall put a good substantial bridge (not less than fourteen feet in breadth), over such water-course, where it crosses said road.

roads.

com mission

ditches and

ac

SEC. 12. When any such ditch or water-course shall be con- When county structed across any public traveled road, and not bridged within ers m'y bridge three days thereafter, it shall be the duty of the county commis- institute sioners of the county in which said ditch and road are located, to tions for costs put a bridge over said ditch or water-course, of the dimensions specified in the foregoing section, and call upon the owner or owners of the said ditch or water-course, to pay the expenses of constructing said bridge, and if payment therefor be refused, a civil action may be maintained for the recovery of the same, together with all accruing costs.

SEC. 13. This act shall take effect and be in force from and In force. after its passage.

Approved, December 10th, 1875.

CHAPTER 66.

Jail to be kept in every county.

Grand jury to inspect jail.

JAILS.

AN ACT Concerning Jails.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That there be established and kept in every organized county of this Territory, by the board of county commissioners at the expense of the county, as hereinafter provided, a jail for the safe keeping of prisoners lawfully committed.

SEC. 2. The grand jury, at each term of the district court, shall make personal inspection of the county jail, as to the sufficiency of the same for the safe keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term; and the court shall give this in charge to the grand jury, and it shall be imperative on the board of county commissioners to issue the Repairs, who necessary orders, or cause to be made the necessary repairs in accordance with the complaint or recommendation of the grand jury.

to make.

Jail, who to keep, and how

Charges allowed.

Documents delivered

successor.

to

What provid

ers.

SEC. 3. The sheriff of the county, by himself or deputy, shall keep the jail, and shall be responsible for the manner in which the same is kept; he shall keep separate rooms for the sexes, except when they are lawfully married; he shall supply bread, meat, drink and fuel, for the prisoners.

SEC. 4. When a prisoner is committed for crime or in any suit on behalf of the Territory, the county commissioners, shall allow the sheriff his reasonable charges for supplying such prisoner.

SEC. 5. All instruments, writs, or process of any kind, or attested copies thereof, by which any prisoner may be committed or liberated, shall be regularly indorsed and filed in some suitable and safe place, and all such documents shall be delivered to the successor of the officer having charge of the prisoner, or succeeding to the office of sheriff.

SEC. 6. It shall be the duty of the sheriff to provide such bed ed for prison- clothing, frames and sacks for beds, night buckets, suitable means for warming the jail, medical attendance and nursing, when required, and such other necessaries for the comfort and welfare of

said prisoners as the grand jury may recommend, and the expenses thereof shall be audited and settled by the county commissioners as in the case of other general county expenses.

visited

each month.

SEC. 7. It shall be the duty of the sheriff to visit the jail in Jail person, at least once in each month, unless absent from the county, and examine into the condition of each prisoner, and at least once during each term of the district court; and it is hereby made the duty of the sheriff to cause all the cells and rooms used for the confinement of prisoners, to be thoroughly cleansed and whitewashed, at least three times in each year.

SEC. 8. No spirituous liquors shall, on any pretense whatsoever, No spirituous be sold within any building used and established as a jail; nor building. liquors in the shall any spirituous liquors be conveyed into any jail for the use of any person confined therein, or be furnished to any prisoner, unless the same be certified to be absolutely necessary for the health of such prisoner, by some reputable physician, who shall specify the quantity and quality of the liquor that may be furnished to any prisoner, the name of the prisoner for whom, and the time when the same may be furnished.

prisonment.

SEC. 9. Every person who shall sell, bring, or convey, into any Fine or imjail, any spirituous liquors, contrary to the provisions of section eight of this act, and every sheriff or keeper of a jail, or any other officer or person employed in or about such jail, who shall knowingly suffer or permit any spirituous liquor to be sold or used in a jail, contrary to the foregoing provisions, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment for not less than one month, nor more than one year, or by a fine of not less than fifty dollars, nor more than five hundred dollars.

prisoners.

SEC. 10. Every sheriff or keeper of a jail, to which any pris- United States oner may be committed by any marshal or other officer of the United States, shall be answerable for the safe keeping of such prisoner, according to the terms of such commitment; and the money paid by the United States for the use of such jails shall be credited and appropriated to the general fund of the county wherein such jail is situated.

prisoners in

SEC. 11. Whenever, by reason of any jail being on fire, or any Removal of building contiguous, or near to a jail, being on fire, there shall be case of fire. reason to apprehend that the prisoners confined in such jail may be injured or endangered by such fire, the sheriff or keeper of such jail, may, at his discretion, remove such prisoners to some safe and convenient place, and there confine them so long as may be necessary to avoid such danger; or, if the jail be destroyed, until some other place may be provided by the county commissioners for their safe keeping.

to arrest.

SEC. 12. Any sheriff or other officer who shall have arrested Non-llability any prisoner or prisoners, may pass over, across and through any county or counties, that may be in the ordinary route of travel from the place where such prisoner shall have been arrested, to the place where he is to be conveyed and delivered; and such prisoner or prisoners so conveyed, and the officers having them in