§ 1189. Duties of county clerk prescribed. (3911) Irrigation districts extending into two or more counties, procedure. § 1190. (3912) County commissioners of county in which larger part of district is located, act in all matters. § 1191. (3913) Maps to be filed with petition what to contain. § 1192. (3914) Election to issue bonds for, and question of purchase of works already constructed, submitted at same election. $1193. (3915) Bonds of districts in two or more counties registered in each county. § 1194. (3916) When district in two or more counties, name of each county appear in name of district. $1195. (3917) County clerk where larger portion of district is located certify to county clerks of other counties copy of plat and order of county commissioners. § 1196. (3918) Law of 1891 and amendments are applicable. § 1197. (3919) Board of Irrigation, Survey and Experiment created. Five members, geologist of state university, president of agricultural college and three appointed by governor, who shall be versed in practical irrigation; who shall be active members. § 1198. (3920) Active members take oath, give $5000 bond. Select president and secretary. President known as state engineer of irrigation. § 1199. (3921) Meet at Topeka and such other places as designated. Notice of meetings by publication. § 1200. § 1201. (3922) Surveys and records under direction of board. (3923) Board to sink experimental wells, test underflow, measure water in streams, estimate cost per acre for water supply. § 1202. (3924) Board prepare drainage map. § 1203. (3925) Board make observations, rainfall, temperature, evaporation and percolation. § 1204. (3926) Board may bore for artesian water, keep record of borings. § 1205. (3927) Board keep data of strata passed through in boring. § 1206. (3928) Copies of surveys, maps, etc., to be deposited with state university, state agricultural college and board. § 1207. (3929) Board locate observation stations and wells on school lands if possible. May receive donations of not less than 40-acre tracts for such purposes. § 1208. (3930) Board advertise for bids on wells, and constructing stations. Contractor furnish bond, twenty per cent of price retained until work approved. Board report to legislature. Active members receive $1000 per year and § 1211. (3933) Board make payment by sworn vouchers drawn on state treasurer. (8318) § 1215. irrigation systems. § 1216. (8319) Irrigation companies may condemn land. Taxation Ch. 107. Provides for taxation of all property of Value of flumes, ditches, etc., to be deducted from value of stock, of company in assessing. (c) Forms. §§ 1217-18. Kansas has no official forms. CHAPTER 38. MONTANA-CONSTITUTIONAL PROVISIONS, (a) Constitutional Provisions. § 1219. Public Use in Waters and Reservoir Sites. The use of all water now appropriated, or that may hereafter be appropriated for sale, rental, distribution or other beneficial use, and the right of way over the lands of others for all ditches, drains, flumes, canals and aqueducts, necessarily used in connection therewith, as well as the sites for reservoirs necessary for collecting and storing the same shall be held to be a public use. [Art. 2, §15. § 1220. Re-classifying Lands. * * * Lands may be re-classified whenever by reason of increased facilities for irrigation or otherwise, they shall be subject to different classification. [Art. 17, §1. (b) Statutes, CIVIL CODE, 1895, TITLE VIII, WATER RIGHTS. § 1221. (1880) The right to use unappropriated water may be acquired by appropriation. § 1222. (1881) Appropriation must be for some beneficial purpose. When appropriator abandons or ceases to use water for such purpose, right ceases. Abandonment question of fact. § 1223. (1882) May change place of diversion, and use and manner of use. § 1224. (1883) Appropriated water may be carried in channel of another natural stream. § 1225. (1884) Appropriator required to turn surplus of water over his needs, back into stream-penalty. § 1226. (1885) § 1227. (1886) diversion, contents. office of county clerk, (1887) § 1228. posting. "First in time, first in right." Notice of appropriation posted at place of File verified copy with some additions, in within 20 days after posting. Work to commence within 40 days after § 1229. (1888) Failure to comply, deprives of right against subsequent appropriator. By compliance, date of appropriation relates to date of posting. § 1230. (1889) Owners of rights heretofore acquired shall within six months file declaration with county clerk. Failure to comply does not work forfeiture. 1231. (1890) Records provided for by §§1886, 1889, prima facie evidence in all courts. § 1232. (1891) In any action for protection of rights all persons diverting water from the same source may be made parties, and court in one judgment may settle all the rights. Damages may be ascertained and allowed in such action § 1233. notices. (1892) County clerk keep book for deciaration or New act pro § 1234. (1893 repealed by Laws '99, p. 126) vides that the cubic foot per second shall be standard of measurement; 100 miners' inches equivalent to two and a half cubic feet per second, not to affect measurement heretofore decreed by court. § 1235. (1894) Right to conduct water across land gives right to raise it to sufficient height by dams. Crossing railroad right of way, give 30 days' notice of intention § 1236. (1895) repair and bridged. § 1238. (1897) Ditch crossing roads must be kept in good Failure to do so-fine. Appropriator having surplus of water, upon tender of usual price per inch, must deliver the quantity called for by such tender. § 1239. (1898) Person desiring such surplus must dig ditches necessary to convey same. $ 1240. (1899) Right to receive such surplus may be enforced. Damages for failure to deliver. § 1241. (1900) Person paying for such surplus cannot sell or dispose of same after being used by him. § 1242. (1901) Not to fill reservoir until substantially constructed. § 1243. (1902) Dams to be constructed substantially. § 1244. (1903 Am'd L. 1905, p. 190) Notice of survey of ditch, affidavit of surveyor, record of same, prima facie evidence. § 1245. (1904 Am'd L. 1905, p. 190) Decrees in adjudications of rights of priority to take water from natural stream prima facie evidence. An Act providing for water commissioners. [Sess. L. 1905, p. 145. Approved March 2, 1905. § 1246. (Sec. 1) Whenever priority rights of a stream have been adjudicated district judge on petition of owners of twentyfive per cent of water rights, to appoint commissioner to distribute water according to decree. Commissioner has powers of constable or sheriff to arrest for interference. Owners of fifty-one per cent of water rights in any ditch or single water system affected by such decree may petition for and obtain appointment of commissioner to distribute waters of ditch or system. §1247. (Sec. 2) Term of appointment of commissioner specified in order, may be changed by judge. § 1248. (Sec. 3) Commissioner to take oath of office. $1249. (Sec. 4) Any person dissatisfied with distribution by commissioner may file complaint. Judge fix time for hearing cause, notice to be given necessary parties, hear evidence and make necessary orders. If acts of commissioner are a willful disobedience of decree he may be adjudged guilty of contempt. § 1250. (Sec. 5) Water commissioner keep record and file report of amount of water delivered "to each user." Judge make order apportioning fees and compensation allowed commissioner, charging same proportionately to the persons using water. Report show amount expended in repair of headgates, etc., which is assessed to parties for whom repaired. Amount to be paid by each user, to be fixed by order. Parties interested have notice of report and may object. $1251. (Sec. 6) At time of appointment of commissioner judge fix compensation. § 1252. (Sec. 7) Parties using water under the decree must have suitable headgates and measuring boxes, failure to do so will deprive them of water. § 1253. (Sec. 8) Repeal. An Act authorizing the United States to appropriate water. [Sess. L. 1905, p. 80. Approved Feb'y 27, 1905. § 1254. (Sec. 1) Government of United States may appropriate water, in same manner and subject to same conditions as individuals. Appropriation held valid for three years after filing of notice. Work of construction must commence within three years. Notice of abandonment may be filed before three years. $1255. (Sec. 2) Repeal. § 1256. approval. (Sec. 3) Act in force from and after passage and An Act to regulate sale of state lands capable of reclamation. [Sess. L. 1905, p. 116. Approved Feb'y 28, 1905. § 1257. (Sec. 1) State to co-operate with U. S. All irrigable lands owned by the state under any national irrigation system shall be disposed of in the farm units as fixed by United States, and subject to all limitations and conditions of the Reclamation Act. § 1258. (Sec. 2) All state lands needed by the United States for reclamation work shall be deeded at minimum price $10.00 per acre. United States granted right of way across state lands. § 1259. (Sec. 3) § 1260. (Sec. 4) proval. Repeal. In force from and after passage and ap An Act granting to the United States right to use or enlarge canals or ditches. [Sess. L. 1905, p. 153. Approved March 2, 1905. 2. 1261. (Sec. 1) United States may use the right of way of any existing ditch, canal or reservoir, subject to following provisions: 1. Such ditch, canal or reservoir may be condemned. Having been condemned it may be enlarged or extended without charge or cost to its owners, provided that such enlargement or extension shall not deprive its owners of their water rights. § 1263. (Sec. 3) In force from and after its passage. "Carey Act." [Sess. L. 1903, p. 211. Approved March 7, 1903. §§ 1264-1280. (Secs. 1-17) This act creates the Carey Land Act Board, as successor to the State Arid Land Grant Commission. Board to consist of State Engineer, Secretary of State and State Examiner. The state engineer is chairman. Meetings to be held at such times and places as state engineer may direct. Meeting held in absence of state engineer not binding until ratified by him. Sec. 6 of the act creates a state engineer to be appointed by governor for a term of four years and provides his duties. Board may have a secretary. State not obligated to pay for work under any controct, nor liable to settlers for failure of contractor, Funds deposited in "Carey Land Act Fund." "Carey Act.' [Sess. L. 1905, p. 238. Approved March 8, 1905. $$ 1281-131I. (Secs. 1-30) Grants full power to Carey Land Act Board to take all steps necessary to comply with the "Carey Act." Ratifies contracts made for reclamation of arid lands. Any person may propose to construct reclamation works, and request selection of lands. State engineer to examine and report on feasibility of plan submitted. If approved, board cause reservation of lands. If disapproved, party has 60 days to submit satisfactory proposal. Time may be extended to six months. Such applicant may apply for preliminary survey to be made by state engineer, at party's cost. Board contract with proposer setting out detailed description of works. He must file bond as required by board within 60 days. No contract made requiring more than five years. Builder may enlarge, also use surplus water for power purposes. He may operate system until permanent water rights appurtenant to ninety per cent of the lands have been sold. Board to aid co-operative reclamation projects. Failure of proposer to prosecute work according to contract cause forfeiture of contract and bond. Attorney general to institute and defend suits at |