The Sierra citizen., 1855-02-03
An Act

An Act
To define the method of acquiring rights
to diuert aCater from Mining on other
purposes in the Mineral Districts of this
Stute.
Introduced in the Assembly, January
20, by Hon. D. 0. Addison, of Yuba.
The People of the State of California,
represented in Senate and Assembly, do
enact as follows:
Section l. It shall not be lawful for
any person or persons to divert the water
running in any stream, creek or ravine,
within the meneral districts of this State
from its original bed to any distant point
therefrom, for mining or milling purposes,
or agricultural purposes save in the manner
hereafter provided.
Sec. 2. Every person or persons max
ing claim to any water running in any
stream, creek or ravine, within the mineral
districts, for the purpose Of diverting such
water from its original bed to any point
distant therefrom by dam and ditch or
fume, for mining, milling or agricultural
purposes, shall Immediately on making his
or their claim, cause notice to be posted
in three public places in the township
where such ditch or fume shall commence,
setting forth the point of commencement
of such ditch or fume, its termination and
the use to which such water shall be ap-
piled, and shall file with a justice of the
peace of the township, correct copy Of
such notice with plat of the survey of
the said ditch, its intended length, size
and grade. And shall within ten days
thereafter, file with the Recorder of the
country wherein such ditch or fume is To-
Gated, a statement under oath of the time
and place of location of the said ditch or
hnme, 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 state
ment in book to be kept for that pur-
pose.
Sec. 3. Every person locating claim
to any stream of running water aforesaid,
shall proceed without unnecessary delay
to dig or cause to be dug, or erect or cause
to be erected, the Hume by which the said
water is to be diverted, and any person or
persons claiming water under the provis-
ions of section second of this act, who shall
not commence work upon their ditch or
fume, within six months from the date of
the notice of such claim, or shall neglect
or refuse to finish their said ditch or hume
within reasonable time after its COM
mencement, shall be deemed to have lost
all right to the water so claimed.
Sec. 4. In all cases where the unclaimed
water of a ravine or creek shall be in use
by mining parties in the bed of such ra-
vine 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 con-
strued as giving any right to parties what
soeyer to claim the said water for the pur-
pose of working the bed of the stream,
after such water has been claimed in the
manner provided fol- in section four of this
act.
Sec. 5. In all cases where there shall be
more than one ditch or fume running to
any distant point from any stream, creek
or ravine, the priority of claim shall al
ways prevail, but this shall not prevent
any person from diverting such water
above the commencement of any other
ditch or flume of the prior claimant with
out necessary loss or dimunition.
Sec. 6. In all cases where any person
or persons shall have located and claimed
any water privileges as herein before pro
vided for, such persons shall be restricted
in extent and size of their ditch or flume
to that set forth in their sworn statement
as recorded, and the surplus of water, if
any there be remaining in the said stream
or from the termination of their ditch or
f1ume, shall be subject to be claimed and
located in the same manner as the original
stream.
Sec. 7. In all cases where disputes may
arise as to the priority of the claim to any
waters of any stream, creek Or ravine, a
certified copy Of the notice filed with the
Justice, or of the statements recorded in
the Recorders office shall be evidence Of
such priority.
Sec. 8. It shall be the duty of the JUS
tices of the peace in their respective
townships to record in a book to be kept
by them 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 claim
ant or claimants, and such Justice shall re-
eeive for recording and fling each notice
the sum of one dollar, =
Sec. 9. This act shall take effect from
and after its passage.
SACRAMENTO THEATR1cAIs-A cores
pondent Of the Union gives some Of the
company fits. From bis account they
have been taking improper Liberties with
the works of Mr.. William Shakespeare,
and in some instances knocked the whole