G. S. 315. Malicious Mischief.]

Any person who shall wilfully or maliciously damage or interfere with any . . . . ditch, flume, . . . . or any of the fixtures, tools, implements, appurtenances or any property of any company which may be organized under the provisions of this act, upon conviction thereof before any court of competent jurisdiction in the county where the offense shall have been committed, shall be deemed guilty of a misdemeanor, and shall be punished by fine or imprisonment, or both at the discretion of the court, said imprisonment not to exceed one year, and said fine not to exceed five hundred dollars, which fine shall be paid into the county treasury for the use of the common schools, and said offender shall also pay all damages that any such corporation may sustain, together with costs of suit. [Sec. 297 (107), p. 180, G. L.

G. S. 882. Polluting Stream or Ditch.]

If any person or persons shall hereafter throw or discharge into any stream of running water, or into any ditch or flume in this State, any obnoxious substance, such as refuse matter from slaughter house or privy, or slops from eating-houses or saloons, or any other fleshy or vegetable matter which is subject to decay in the water, such person or persons shall, upon conviction thereof, be punished by a fine not less than one hundred dollars nor more than five hundred dollars for each and every offense so committed. [Sec, 1, acts 1874, p. 99— Sec. 165, p. 307, G. L.-In force Feb. 13, 1874.

G. S. 3259. Damage to Ditches, etc., by persons floating timber.] That it shall be lawful for any person or persons to float any and all kinds of timber, such as saw logs, ties, fencing poles or posts and firewood down any of the streams of this State; Provided, that any person or persons desiring to float any such timber down said streams shall first execute a bond running to the people of each county through which such timber is floated, in a sum sufficient to cover all damages that may be done to any bridges, dams or irrigating ditches that are now or may hereafter be constructed in or across any streams of this State; such bond to be approved by the Board of County Commissioners of the county or counties through which such timber is to be floated. [Sec. 1856 (1), p. 643, G. L.

G. S. 3472. How Measured.]

Water sold by the inch by any individual or corporation shall be measured as follows, to-wit: Every inch shall be considered equal to an inch square orifice under a five-inch pressure, and a five-inch pressure shall be from the top of the orifice of the box put into the banks of the ditch to the surface of the water; said boxes, or any slot or aperature through which such water shall be measured, shall in all cases be six inches perpendicular, inside measurement, except boxes delivering less than twelve inches, which may be square, with or without slides all slides for the same shall move horizontally, and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than oneeighth of an inch to the foot. [Sec. 2779 (3), pp. 926-7, G. L. -Sec. 3, p. 638, R. S.--Amd. sec. 1, pp. 308-9, acts 1874 and 1877.

G. S. 3478. Illegal Measurement.]

All persons for the purpose of weighing or measuring goods, wares, merchandise, water or other articles actually sold by him, not in accordance with this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars at the discretion of the court in which the conviction shall be obtained. [Sec. 2785 (9), p. 928, G. L.-Sec. 9, p. 309, acts 1874.

By omitting the words, "for the purpose of," the intent of the Legislature in enacting the foregoing section may probably be arrived at.

See State Engineer's comment, ch. XVIII.

For penalty for disturbing proceedings before referee see G. S. 1779 (ch. VII).

CHAPTER XI.

THE PURCHASE AND SALE OF WATER.

Colo. Const., Art. XVI., Sec. 8. County Commissioners fix rates for Water.]

The General Assembly shall provide by law that the Boards of County Commissioners in their respective counties shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations.

The corporations act (ch. XVI), provides for the formation of corporations for the purpose of constructing ditches to convey water to lands to be used for irrigating, and empowers such a corporation to run the waters of the stream, from which it takes, through its ditch; and—

G. S. 311. When Corporation must Furnish Water.]

Any company constructing a ditch under the provisions of this act shall furnish water to the class of persons using the water in the way named in the certificate, in the way the water is designated to be used, whether miners, mill men, farmers, or for domestic use, whenever they shall have water in their ditch unsold, and shall at all times give the preference to the use of water in said ditch to the class named in the certificate; the rates at which water shall be furnished to be fixed by the County Commissioners, as soon as such ditch shall be completed and prepared to furnish water. [Sec. 277 (87,) p. 172, G. L.

G. S. 1738. Regulating Charges-Proceedings before County Commissioners.]

The County Commissioners of each county shall, at their regular January session in each year, hear and consider any and all applications which may be made to them by any party

or parties interested in procuring water for irrigation by purchase from any ditch or reservoir furnishing and selling water, or proposing to furnish water for sale, the whole or upper part of which shall lie in such county, which application shall be supported by such affidavit or affidavits as the applicant may see proper to present, showing reasonable cause for such board to proceed to fix the price of water to be thereafter sold from such ditch or reservoir, and [if] such Board of Commissioners shall, upon examination of such affidavit or affidavits, or from the oaths of witnesses in addition thereto, find that the facts sworn to show the application to be in good faith, and that there is reasonable grounds to believe that unjust prices are, or are likely to be, charged for water from such ditch or reservoir, they shall enter an order fixing a day, not sooner than forty days thereafter nor later than the third day of the [next] regular session of their board, when they will hear all parties directly or indirectly interested in said ditch or reservoir, or in procuring water therefrom for irrigation, who may appear, as well as all the testimony by witnesses, or depositions taken on notices as hereinafter provided, touching the said ditch or reservoir, and the cost of furnishing water therefrom, at which time all persons or corporations interested in said ditch or reservoir, as well as all interested in obtaining water therefrom, or in lands which may be irrigated therefrom, may appear by themselves, their agents or attorneys, and said commissioners shall then proceed to take action in the matter of fixing such price of water, provided the applicant shall, within ten days from the time of entering such order, cause a copy thereof, duly certified, to be delivered to the owner of such ditch or reservoir, if it be owned by one person, or each of the owners, if it be owned by several persons, or to the president, secretary or treasurer of the company, if it belongs to a corporation or association having such officers, or if such owner cannot be found, he shall cause such copy to be left at his usual place of residence, with some person or member of his family residing there, and over fourteen years of age, and if such ditch officer cannot be found, he shall cause such copy to be left at the office or place of business of the company of which he is such officer, or at his residence, if such company have no place of business, and if such ditch is owned by several owners, not an incorporated

company, it shall be sufficient to serve such notice by delivering one such copy each to a majority of them, and such applicant shall make affidavit of the manner in which such copy or copies have been served. Depositions mentioned in section one hereof, to be used before said commissioners, shall be taken before any officer in the State authorized by law to take depositions, upon reasonable notice being given to the opposite party of the time and place of taking such depositions. [Sec. 1, pp. 94-5-6, acts 1879.

G. S. 1739. Powers and duties of Board-Subpoenas -CompulsionAdjournments-Examination - Facts - Order-Proviso as to

Contracts.]

Said board shall hear and examine all legal testimony or proofs offered by any of the parties interested, as before mentioned, as well concerning the value of the construction of such ditch and reservoir as the cost and expense of maintaining and operating the same, and all matters which may affect the just price and value of water to be furnished therefrom; and they shall have power to issue subpoenas to witnesses and compel their attendance, which subpœnas shall be served by the sheriff of the proper county when required; and also to compel the production of books and papers required for evidence in as full and ample a manner as the District Court now has. They may adjourn the hearing from time to time to further the ends of justice or suit the general convenience of parties. Upon hearing an [and] considering all the matters and facts involved in the case, the Board of Commissioners shall enter an order naming and describing the ditch or reservoir with sufficient certainty, and fixing a just price upon all water to be thereafter sold, which price shall not be thereafter changed oftener than once in two years; Provided, That no price so fixed shall effect [affect] the rights of parties, or their lawful assignees or grantees, who may have contracts with the company, association or person owning such ditch or reservoir, or their lessees, grantees or successors, nor the rights of such owners, lesses or grantees under such contract, nor shall it in any way affect or hinder the making of such contract. [Sec. 2, p. 96, acts 1879.