Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-03-31
An ACT

AN ACT
To define the method of acquiring rights
to dirsrt lcater for mining or other pHr-
poses in the mineral districts Of this
State.
Tie People Of the STATE Of California
Representa- in Senate and Assembly. do
enact as foiloaos:
81. 1t shall not be lawful for any
person or persons to divert the water
running in any stream, creek, or ravine,
within the mineral districts OF this State
from It's original BID TO distant points
therefrom, for mining or milling pur-
pose save IN the manner hereaitlr pro
vided
s 2. Eyeryperson, or persons max
ing calm to any water running in am
stream. creek or ravine, within the min
eral districts, Tor the purPase Of divert
ing such water from H. original bed 70
any point distant tneFeir' II. BY d IN
ditch or fnme, for mining, milling or
agricu tural purposes, shall immed At ~
on making his or their claim, cause a
notice to be posted in three public places
in the township where such ditch or
fupe 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, and
shall file with a justice Of the peace oil
the township, 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
comfy wherein such ditch or flnne is To-
Gated, a statement under oa'h Of the
time and place of location OF the said
ditch or fume, and the said place tc
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 bool
to be kept for that purpose.
s 3. Every person locating a clam
TO any strram of running water as afore
said, shall proceed without unnecessary
delay to dig or cause to be dug, OR cree
or cause to be erected, the tume by
which the said water is to be diverted
and any person or persons claiming wa
ter under the provisions of seution sec
ond of this act, who shall not commence
work upon their ditch or fume, within
six months from the date of the notice O
such clam, or shall neglect or refuse t.
finish their their said ditch or fum'
within reasonable time after lis CEN
mencement, sh IL 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 II
use by mining parties in the bed of suci
rayine or creek, the rights of the parties
so working such bed shall be respected
bv those persons claiming to divert sale
water. But this section shah not BIT
construed as giving any right to partie'
whatsoever to claim the said water fol-
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 IL all cases where there sh
be more than one ditch OF hume runnin:
to any distant point from any stream
creek or ravine, the priority of CLAIM
shall always prevail, but this shall no
prevent any person from divertlng suei
water above the commencement OF any
other ditch or fume, 80 that 1t be return
ed to lis original stream above the COM
mepcement OF the ditch or fume of the
prior claimant without necessary loss oil
dimuniton
s 6. In all cases whore any pars II
or persons shall have located ami claimed
any water privileges as hereinbefore pro,
vided for, such persons shall be restricted
in extent or size of III ir ditch o. fiume
to that set forth in their sworn state
ment as recorded, and the surplus OF
water, if any there be remaining IN sal-
stream or from the termination Of the''
ditch or fuue, shall be subject to b.
claimed and oea'eA in The same manner
as the original stream.
5 Z. In all cases where disputes may
arise as TO the priority Of the claim C
any waters OF any stream, creek or "a
vine. certified copy Of the no'icr FLEE
with the justice, or Of the statements re-
cord d IN the Rec ath,e shai b-
evidence of such priority
s s. 1t shall be The duty of The JUS
tees of the peace in their respective
townships to rec"d in book to be KEEP
for that purpose thu time of filing of al
such notices as may be filed with then
under this act, with the date of sue.
claim and the name or names OF th'
claimant or claimants and such justice
shall receive for recording and him.
each noticr the sum of one dollar.
SO. This act shall take eff CT from
and after its passage.