as will flow in said feeder, it being. feet wide on the bottom, feet wide at water surface, depth of water flow-grade - per mile, not to exceed 28.09 cubic feet of water per second. By the Court,

Judge.

Done in open Court this. - - -

day of------ A. D.

§ 865a. Petition to Board of Commissioners to Fix Rates for the Carriage of Water.

Before the Board of County Commissioners.

In the matter of the application of._and______ parties interested in the carriage and delivery of water for various beneficial purposes, by the. -Company.

To the Honorable Board of County Commissioners of____County in the State of Colorado:

Your petitioners respectively represent that they are the owners of the following described tracts and parcels of land lying in said county, to wit:_

That such lands are farming and orchard lands which were originally arid and on which crops could not be raised without artificial irrigation, but which have been reclaimed and brought under cultivation by means of water which has been carried and delivered to petitioners by the___ Company.

Your petitioners aver that they are wholly dependent on the water carried and delivered to them by said. - Company in irrigating and cultivating their said land, and have no other source from which they can secure water for such purposes, and that they have not ceased to obtain the carriage and delivery of water by such.... Company with the intent to obtain same from any other source of supply.

Your petitioners aver that said. -Company has been charging them for the carriage and delivery of such water at the rate of which rate your petitioners believe and allege to be unreasonable, unjust and exorbitant; and although your petitioners have applied to the officers of said company to have said rate reduced to a reasonable and just sum, yet said company has at all times refused and still refuses to make such reduction.

Your petitioners respectfully aver that a reasonable and, just rate of charge for the carriage and delivery of such water would be not over. --which amount your petitioners are now and have been at all times ready and willing to pay to said company.

And petitioners further aver that the canals, ditches and reservoirs of the said. - Company lie in great part within the boundaries of said.. county and the remainder thereof lie in the county of... in said State of Colorado.

Your petitioners therefore respectfully pray that your Honorable Board will proceed to fix a just and reasonable rate for such company to charge your petitioners and others similarly situated for the carriage and delivery of such water as provided by the law of the State of Colorado in such case made and provided.

and.

..being duly sworn each for himself and not for the other deposes and says that he has read the foregoing petition, and knows the contents thereof, that he is the same person whose name is subscribed thereto, and that the matters and things stated therein are true of his own knowledge.

Subscribed etc.

§ 865b.

Affidavit in Support of Petition for Fixing Rates.

State of Colorado,

County of.. _ _ _ _.

SS.

---years last
_and_
to which

-being duly sworn upon his oath deposes and says that he is a resident of said county and has been for past, that he is well acquainted with the lands of as described in the petition of the said __and_ this affidavit is attached and made a part, and also with the ditches canals and reservoirs of the said. Company, in said counties of ...and. affiant is also acquainted with the rates of charges for the carriage and delivery of water for irrigation purposes in said couties of _and_ -; Affiant has read the petition herein referred to, and verily believes the matters and things therein set forth and alleged to be true, and that the rate of.. charged by said company for the carriage and delivery of water as therein stated is unreasonable and unjust to said petitioners.

Subscribed etc.

§ 865c.

Order Setting Petition Down for Hearing. Same caption as §865a.

Now on this.......

..day of..

A. D...the same being one of the days of the A. D. session of the said Board of County Commissioners, come before said board.. __and_ and present their petition and affidavit thereto attached, representing and showing to the board that the. ..Company is charging such petitioners unjust and unreasonable rates for the carriage of water for irrigation purposes to said petitioners; and that said company refuses to reduce such rates to a just and reasonable sum; and the board having examined said petition and affidavits and having heard the testimony offered in regard thereto, find from said petition, affidavits and testimony. that the facts sworn to, show such application to be, and to have been made in good faith, and that there is reasonable ground to believe that unjust rates are, or are about to be charged by said company for the carriage of water for irrigation purposes as aforesaid;

The board doth therefore order that said petition be set for hearing on the.. -day of ..A. D...when all parties interested in said company or the ditches, canals or reservoirs thereof, or in procuring water therethrough, will be heard by the board in regard thereto; to which time this matter is hereby continued.

§ 865d. Order Fixing Rates.

Same caption as $865a.
Now on this...

of the days of the

-day of
A. D..

A. D., the same being one session of said Board of County said board.. _and_ ..the their attorney; also come

Commissioners, come again before petitioners herein, together with. the said....Company by... its attorney; also come. and persons interested in procuring water for various pur

poses through and by means of the (ditch or canal) of the said. Company;

And it appearing to the board that the petitioners herein on the day of.. A. D....caused said......Company to be served with a duly certified copy of the order of this board, setting this matter down for hearing at this time;

And the board having heard and examined all legal testimony offered by all parties interested as aforesaid, as well concerning the original cost and present value of the diverting works, ditches, canals and reservoirs of the said. -Company, and as to the cost of maintenance and operating the same, and as to all other matters and things which might affect the establishing of a reasonable maximum rate of compensation for the carriage of water to be furnished and delivered by said company from its ditches, canals and reservoirs, aforesaid.

And the board having heard the arguments of counsel and being fully advised in the premises, and on consideration thereof and of the petition, affidavits, testimony and arguments aforesaid, together with all the facts and matters, involved in the case, doth find:

That a just and reasonable rate of compensation for water to be hereafter carried and delivered by said. Company to the petitioners and others obtaining water through and by means of the ditches, canals and reservoirs of said company would be. The board doth therefore order that said rate of as a just and reasonable rate of compensation to be charged for the carriage of water, to be hereafter carried and delivered by the said Company.

be fixed

CHAPTER 36.

IDAHO - CONSTITUTIONAL PROVISIONS,

STATUTES AND FORMS.

(a) Constitutional Provisions.

ARTICLE I.

§ 866. (Sec. 14) Private property may be taken for public use enumerating among other uses, reservoirs, canals, ditches, flumes, pipe lines, for irrigation.

ARTICLE XV.

§ 867. (Sec. 1) Declares that the sale, rental or distribution of water is a public use, and subject to the control and regulation of the state.

§ 868. (Sec. 2) Declares the right to compensation for the carriage of water a franchise.

§ 869. (Sec. 3) Declares that the right to appropriate shall never be denied; priority of appropriation shall give the better right; domestic use has preference over all others. Agricultural uses, over manufacturing, and in organized mining districts, mining uses over manufacturing and agricultural.

$870.

(Sec. 4) The appropriation and use for a certain purpose is deemed a dedication for that purpose.

$ 871. (Sec. 5) Priority among users from same canal is subject to state control.

8872. (Sec. 6) Legislature shall provide the manner in which maximum rates to be charged for the use of water may be established.

(b) Statutes.

POLITICAL CODE 1901, CH. VI, p. 59.

STATE ENGINEER.

§ 873. (153) State engineer appointed by governor, term four years, must have theoretical and practical qualifications. May be removed for cause.

Oath of office.

Bond in sum of $30,000.00. Not less than two

General duties as to streams and reservoirs.
Plans of dams and dykes must be approved by

§ 879. (159) Appeal to the courts may be taken from decision of state engineer.

§ 880.

(160)

State engineer shall inspect dams and embankments, order repairs, may order water drawn off.

§ 881. (161)

§ 882. (162)

ing water.

Shall inspect dams reported unsafe.

Shall give information as to methods of measur

§ 883. (163) Attorney general shall advise upon legal

questions. § 884. governor.

(164)

§ 885.

(165)

§ 886.

governor.

State engineer make biennial report to the
Additional duties may be required by the

(166) Salary $2,000.00 with actual expenses not to exceed $500.00 per annum.

CAREY ACT.

§ 887. (480) Acceptance of the conditions of the "Carey

Act.'

§ 888. (481)

Arid lands are under control of the state board

of land commissioners.

Governor president of board.

§ 889. (L. '05, p. 131, Sec. 2) § 890. (482 am'd by L. '05, p. 131, Sec. 3) Regular meetings second Wednesday each month, keep records, may adopt rules.

§ 891. (483 am'd by L. '05, p. 131, Sec. 3) Special meetings called by president or a majority of board.

§ 892. (484) Office in capitol building, in charge of secretary, keep maps for public inspection.

§ 893. (485) Persons desiring to construct irrigation works to reclaim land file request for selection of the land, together with proposal to construct such works, with the approval of the state engineer. Other proceedings and requirements specified.

§ 894. (486) Certified check not less than $250.00 must be deposited.

§ 895. (487) Persons making application, shall at same time apply to state engineer for permit to appropriate water for such lands.

§ 896. (488) Applications must be submitted by secretary of board to state engineer, who shall make written report to the board, and state whether or not permit has been granted by him. If he cannot determine from the map and plans as to feasibility of project must cause survey to be made.

$897. (489) In case of approval board shall file request for withdrawal of land with local land office. Engineers rejection binding on board.

§ 898. (490) In case of rejection by engineer or board, party has sixty days to file satisfactory proposal. Time may be ex

tended to six months.

$899. (491) Upon approval board shall execute a contract with applicant, and require bond not less than 5 per cent. of estimated cost.

§ 900. (492) Work must begin in six months, be completed in not to exceed five years.

§ 901. feiture.

§ 902.

(493) Failure to comply with contract works for

(494) No liability attaches to state to pay for works. (495) Upon withdrawal of land and commencement of work board shall publish notice that lands are open to settle

§ 903.

ment.

§ 904. (496) Applications to enter such lands in tracts not to exceed 160 acres, may be made to board, accompanied by payment of 25 cents per acre, if allowed certificate issue, if not money refunded.

§ 905. (497) Moneys received deposited with state treasure used to pay expenses of board, balance to reclaim other arid lands.