Butte record., 1855-02-10
AMAcT


10 define tie method Of acquiring rights
to diusrt toater for mining or Other prsr-
poses in the mineral distriets Of thss
State.
The People of the State Of California
Represented in Senate and Assembly, do
enact as folloacs
s l. 1t shall not be lawful for any
person or persons TO divert the water
running in any stream, creek, or ravioe,
within the mineral districts Of this State
from its original bed to distant points
therefrom. for mining or milling pur-
pose save in the manner hereaftar pro-
vided.
s 2. Everyperson, or persons max
ing claim to any water running in any
stream. creek or ravine, within the min
eraI districts, for the purpose of divert
ing such water from its original bed tc
any point distant therefrom by d m and
ditch or fnme, for mining, milling or
agricultural purposes, shall Immediately
on making his or their claim, cause a
notice to. be posted in three public places
in the township where such ditch or
hume shall commence, setting forth the
point of commencement Of such ditch
or fume, its termination and the use to
which such water shall be applied, an
shall 6le with justice of the peace o.
the township, correct copy of such no
tice with plat OF the survey of the
said ditch, ito intended length, size and
grade. And shall within ten days theie-
after, file with the Recorder Of the
comfy wherein such ditch or fume is To-
Gated, a statement under oaib Of the
time and place of location OF th.s said
ditch or fume, and the said place te
which the said water is intended to b.
diverted, aud for what purpose, and
whether there are any pr,or locations
upon the said stream, and the Recorder
shall record the said statement in book
to be kept for that purpose.
8. Every person locating claim
to any stream Of running water as 'fore-
said, shall proceed without unnece,sar,
delay to dig or cause to be dug, or erecI
or cause TO be erected, the fume by
which the said water is to be d yerted
and any person or persons claiming wa
ter under the provisions Of seu,on sec
ond of this net, VINO shall not commence
work upon their ditch or fume, withi,
six months from the ,te Of the notice o.
such clam, Or shall neglect Or refuse Il
finish their th,.ir said ditch or fun.
within reasonable time after is c. M
mencement, sh Il be deemed 20 have
lost all right to The watei claimed
S 4. In all Cases where the unc lain
ed water of ravine Or creek shall b. l..
use by mining parties in The bed Of such
ravine or creek, the rights Of the pa ties
SO working such bed shall b. respect. d
by those persons claiming ts divert said
water. But this section shall not be
construed as giving any right to partie
whatsoever to claim the said water for
the purpose of working the bed of the
stream, after such water has been claim
ed in the manner provided for in section
tWO OF his att.
S 5 In all cases where there sh Il
be more than one ditch or tlume running
to any distant point from any stream,
creek or ravine, the priority of claim
shall always prevail, but tins shall not
prevent any person from diverting such
water above the commencement of any
other ditch or fume, SO that it be return.
cd to its original stream above the com
mencement of the ditch or fume of The
prior claimant without necessary loss or
dimunition
s 6. In all cases where any p,rson
or persons shall have located and claimed
any water privileges as hereinbefore pro-
vided for, such persons shall be restricted
in extent or size of their ditch Or fume
to that set forth in their sworn state
ment as recorded, and the surplus of
water, if any there be remaining in said
stream or from the termination of their
ditch or fumc, shall be subject to br
claimed and located in the same manner
rs the original stream.
81. In all cases where disputes may
arise as to the priority of the claim to
any waters of any stream, creek or ra-
vine, certified copy of the motto filed
with the justice, or Of the statements re-
corded in the Recorders Office shall bs
evidence of such priority
s s. It shall be the duty Of the jus.
tices of the peace in their resi- ectire
townships to record iu book to be kept
for that purpose the time of filing OF all
such notices as may be filed with them
under this act, with the date of such
claim and the name or names of the
claimant or claimants and such justice
shall receive for recording and fling
each Motor the sum of on, dollar
s 9. This act shall take ef CT from
and after its passage.