Butte record., 1855-02-24
AN ACT

To define tile method Of acquiring rights
10 dirert acater far mining or other pur-
poses in the mineral districts Of this
State
Tie Peop7e of the State Of Callfornia
Represented in Senate and assembly, do
enact as foLlo'os::
S l. 1t shall not be lawful for any
person or persons 10 divert the water
running in any stream, creek, or ravine,
within the mineral districts OF this State
from its original bed 10 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
eral districts, for the purpose Of divert
ing such water from It's original bed to
any point distant therefrom by dam 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
m the township where such ditch or
1urpe shall commence, setting forth the
point of commencement Of such ditch
or hume, its termination and the use to
which such water shall be applied, and
shall file with justice of the peace Of
the township, a correct copy of such no
tIce with plat OF the survey OF the
said ditch, its intended length, size and
grade. And shall within ten days there
after, file with the Recorder Of the
oonnty wherein such ditch or fume is To-
Gated, a statement under oath of the
time and place of location of the said
ditch or fume, and the said place to
which the said water is intended to be
diverted, and for what purpose, and
whether there are any prior locations
upon the said stream, and the Recorder
shall record the said statement in book
to be kept for that purpose.
S 3. Every person locating a claim
to any stream of running water rs afore-
said, shall proceed without unnecessary
delay to dig Or cause to be dug, Or erect
or cause TO be erected, the fume by
which the said water is to be diverted,
and any person or persons claiming wa
ter under the provisions Of seu'ion sec
ond of this act, who shall not commence
work upon their ditch or fumc, within
six months from the date of the notice OF
such claim, or shall neglect or refuse to
finish their their said ditch or fume
within reasonable time after its GEM
mencement, shll be deemed TO have
lost all right to the water claimed.
S 4. In all cases where the unclaim-
ed water of ravine or creek shall be in
use by mining parties in the bed of such
ravine or creek, the rights Of the parties
so working such bed shall be respected
by those persons claiming to divert said
water. But this section shall not be
construed as giving any right to parties
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 this act.
s 5 In all eases where there sh II
be more than one ditch or fume running
to any distant point from any stream,
creek or ravine, the priority of claim
shall always prevail, but this shall not
prevent any person from diverting such
water above the commencement of any
other ditch or fume, SO that it be return
ed to its original stream atove the COM
mencement of the ditch or fume of the
prior claimant without necessary loss or
dimunition.
s 6. In all cases where any person
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 flume
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 fume, shall be subject TO be
claimed and coated in the same manner
as the original stream.
S I. In all cases where disputes may
arise as to the priority of the claim 10
any waters of any stream, creek or ra-
vine, certified copy of the notice filed
with the justice, or of the statements re-
corded in the Recorders Office shall be
evidence of such priority
s s. 1t shall be the duty of the JUS
tices of the peace in their respective
townships to record in 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 filing
each noticr the sum of one dollar.
s 9. This act shall take effect from
and after its passage.