§ 1058. Proof of Completion of Works. Deposition of Witness. Ques. 1.-State your name, age, residence, occupation and postoffice address. Ans. Ques. 2. Are you acquainted with.. No..., authorizing the diversion of the holder of Permit second-feet of the waters of.... _at___ for... purposes? How long have you know him, and where does he reside? Ans. - Ques. 3.-Have you read or heard read said Permit No. and are you familiar with its terms and conditions? Ans. Ques. 4-(If for irrigation purposes.) Are you acquainted with the land proposed to be irrigated under said permit? If so, describe same, state its character, and give your estimate of the amount of water required for its profitable cultivation. Ans. Ques. 5.-Are the works of diversion fully completed and of sufficient capacity to convey the entire amount of water set out in the permit from point of diversion to place of use? Ans. Ques. 6.-Describe the works of diversion as they now exist, and give your estimate of their capacity. Ans. (Sign here). I hereby certify that the foregong testimony was read to the above subscriber before its signing, that I believe him to be the person he represents himself to be, and that said testimony was subscribed and sworn to before me, at my office in.. County of, State of Idaho, on this.. day of ____. A. D. 190__ § 1059. Certificate of Completion of Works. To All Whom It May Concern: of.. This is to certify that--- .of. County of and State the holder. of Permit No..., issued upon Application authorizing the diversion County of.. No..., bearing date of priority of of. second-feet of the waters of.. State of Idaho, at.. for... -purposes, ha fully complied with the provisions of the laws of the State of Idaho relating to the proof of completion of the works of diversion set out and described in said Permit; that said works are adequate for diverting and conveying to the place of intended use. second-feet of water; and that the lands proposed to be irrigated by the use of said water are described as follows, to wit:. Witness my hand this.. -day of A. D. 190.. State Engineer of the State of Idaho. § 1060. Notice of Proof of Application of Water to Beneficial Use. (This blank must be filled out by holder of permit and forwarded to the State Engineer at least 60 days before the time set for application of water.) (P. O.). TO THE STATE ENGINEER OF THE STATE OF IDAHO, BOISE, IDAHO: DEAR SIR: Notice is hereby given that at M. on the County of...State of Idaho, before.. beneficial use of. -proof will be submitted of the application to -cubic feet per second of the waters of. in accordance with the terms and conditions of Permit No... heretofore issued by the State Engineer of the State of Idaho. 1. The name and post office address of the person or corporation holding said permit are.. 2. The use to which said water has been applied is...-- 3. The amount applied to beneficial use is 4. The place where said water is used is (if for irrigation, give full and accurate description of the lands irrigated). 5. The name of the canal or ditch or other works by which said water is conducted to such place of use is... 6. The right to take the water from such works is based upon Permit No... 7. The source of supply from which such water is diverted is... 8. The date of the priority which said user is prepared to establish is I desire that the above notice be published, according to law, in the _of_ _ _ _ published in the county in which said water is to be used; the expense of which publication will be borne by me. County of (Sign). -day of ...proof ....cubic § 1061. Notice of Proof of Application of Water to Beneficial Use. Notice is hereby given that at. M. on the... 190, at. State of Idaho, beforewill be submitted of the application to beneficial use of feet per second of the waters of... in accordance with the terms and conditions of Permit No... heretofore issued by the State Engineer of the State of Idaho. 1. The name and postoffice address of the person or corporation holding said permit are. 2. The use to which said water has been applied is. _____ 3. The amount applied to beneficial use is. 4. The place where said water is used is (if for irrigation, give full and accurate description of the lands irrigated). 5. The name of the canal or ditch or other works by which said water is conducted to such place of use is.. 6. The right to take the water from such works is based upon Permit No... 7. The source of supply from which such water is diverted is. 8. The date of the priority which said user is prepared to establish is... State Engineer. § 1061α. Proof of Application of Water to Beneficial Use. Deposition of Holder. Ques. 1. State your name, age, residence, occupation and postoffice address. Ans. Ques. 2. If acting in behalf of a corporation, state its name, principal place of business (if a foreign corporation, give name and postoffice of statutory agent), your position with reference to same, and your authority for appearing in its behalf. Ans. Ques. 3. State number and date of permit, and date of priority you propose to establish under the permit. Ans. Ques. 4. State source of water supply and give exact location of point of diversion. Ans. Ques. 5. Describe your works of diversion, and state amount of water they are capable of conveying from point of diversion to place of use, and give name of canal or ditch or other works by which water is conducted to such place of use. Ans. Ques. 6. State for what purpose water is used and describe place of use. (If for irrigation, name each subdivision in which used, and number of acres in each subdivision that have ACTUALLY been irrigated with said water.) Ans. Ques. 7. If for other than irrigation purpose, state how applied, amount of horse power generated, etc. Ans. Ques. 8. What is the minimum amount of water required for the use specified above? Ans. Ques. 9. If you are not the person or representative of the corporation to whom above mentioned permit was originally issued, please state how ownership was acquired by present holder. Ans... Ques. 10. State when, how, in what amount and to what extent the water diverted under above mentioned permit has been used. Ans. (Sign). I hereby certify that the foregoing testimony was read to the above subscriber before its signing, that I believe him to be the person he represents himself to be, and that said testimony was subscribed and sworn to before me, at my office in............ of, State of Idaho, on this.. day of.. County ..A. D. 190__ § 1061b. Proof of Application of Water to Beneficial Use. Deposition of Witness. Question 1. State your name, age, residence, occupation and office address. Answer. Ques. 2. Are you acquainted with... the holder of Permit No.__? How long have you known him, and where does he reside? Ans. Ques. 3. Have you read or heard read said Permit No.--, and are you familiar with its provisions and conditions? Ans. Ques. 4. State source of water supply, place of diversion, and describe works for conveying water from point of diversion to place of use. Ans. Ques. 5. How many second-feet of water do you estimate said works will safely conduct to place of use, and how much water have you seen being so conveyed? Ans. Ques. 6. State for what purpose water is used and at what place. (If for irrigation, give each subdivision in which water has been used and number of acres irrigated in each subdivision.) Ans. Ques. 7. If for power or other purposes than irrigation, state how water has been applied and to what extent. Ans. Ques. 8. (If for irrigation) State character of land that has been reclaimed, and give your estimate of the amount of water required for its profitable cultivation. Ans. Ques. 9. Have you any interest in the works, water or lands above mentioned? If so, in what way and to what extent? Ans. Ques. 10. State when, how, in what amount and to what extent you have witnessed the application to beneficial use of the water diverted under said permit. Ans. (Sign)__ I hereby certify that the foregoing testimony was read to the above subscriber before its signing, that I believe him to be the person he represents himself to be, and that said testimony was subscribed and sworn to before me, at my office in...- County of State of Idaho, on this.... -day of A. D. 190.. § 1061C. State of Idaho. Water License No..... WHEREAS, On the County of...and State of.. day of. .A. D. 190.-, of___ duly made application (No. ) to me for a permit to use.. cubic feet per second of the waters of. -County of State of Idaho, for._____purposes; and WHEREAS, On the.... day of A. D. 190.., Permit No. was issued to said applicant for the diversion of said water and providing for the completion of the works of diversion therein described on or before the day of ....A. D. 190. and for the application to beneficial use of said water on or before the.... day of- A. D. 190.- and, WHEREAS, On the _day of.. ..A. D. 190__ the holder.. of said permit duly made proof of the completion of adequate works for the diversion of cubic feet per second of said waters, as evidenced by my certificate No...dated.. .__confirming the completion of works of sufficient capacity for diverting and conveying to the place of intended use.. ..cubic feet per second of water, with date of priority of... Land, WHEREAS, On the. day of .A. D. 190.- proof was duly made of the application to beneficial use of......cubic feet per second of said water; NOW, THEREFORE, By virtue of the authority vested in me by the laws of the State of Idaho, I hereby grant and confirm to of the holder. and owner.. of said Permit No... a perpetual right, dating from.. to the use of......cubic feet per second of the waters of. in the County of. and State of Idaho, or so much thereof as may be necessary for the purposes hereinbelow mentioned, to be diverted at and conducted to and upon.. for the purpose of subject, however, to the laws of the State of Idaho applicable to a license for the use of the waters of the State, and subject, also, to the local or community customs, rules and regulations which have been or may be adopted from time to time by a majority of the users from a common source of supply, canal or lateral from which such water may be taken, when such rules and regulations have for their object the economical use of such water. WITNESS, My hand and the seal of my office at Boise, Idaho, this._day of...A. D. Nineteen Hundred and.... State Engineer. CHAPTER 37. KANSAS CONSTITUTIONAL PROVISIONS, (a) Constitutional Provisions. § 1061d. Kansas has no constitutional provisions relating to irrigation. (b) Statutes. General Statutes 1905, ch. 23, "Corporations"-Appropriation of Lands for Use of. § 1062. (1426) templating the use of § 1063. (1427) Land may be condemned for purposes conwater for irrigation and power. May lease or sell * * * water. § 1064. (1428) Ditch companies may cause surveys to be made, take and hold voluntary grants, take land sufficient for canal purposes, furnish water for irrigation at rates fixed by its by-laws, borrow money, issue bonds. Damages to be assessed and paid for as in case of railroads. General Statutes 1905, ch. 52b, "Irrigation Laws." § 1065. nished. (3787) Lien on crop for contract price of water fur 3788) Injuring canal, fine or imprisonment. (3789) Right to use water may be acquired by appro"First in time is the first in right." (3790) § 1069. (3791) May change place of diversion. Must post notice at place of diversion, within ten days thereafter post copy in county clerk's office, and record copy in same office. § 1070. (3792) Work commence within 60 days after posting notice. Prosecute diligently. § 1071. (3793) County clerk record copies of notice. § 1072. (3794) Ditch constructed across land with knowledge or consent of owner deemed rightfully located. § 1073. (3795) Ditch constructed and maintained for five years across vacant land without objection acquires right of way. § 1074. (3796) Damages, measure of. § 1075. (3797) Right to take water by ditch company may be obtained by condemnation as follows: § 1076. (3798) Petition to district judge, appoint three freeholders as commissioners. § 1077. (3799) Commissioners publish notice of time and place where they will hear claims for damages. § 1078. (3800) Shall hear claims and allow damages. |