Butte record., 1855-02-17
AN ACT

To define the method IF acquiring rights
to direyt acater for mining or other pur-
poses in the mineral dastrlds of this
State
The People of the State of California
Represented in Senate and Assembly, do
enact as folloaos
s l.. 1t shall not be lawful for any
person or persons to divert the water
running in any stream, creek, or ravlor,
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 a 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 to
any point distant therefrom BY d IN and
ditch or fnme, for mining, milling or
agricultural purposes, shall immediately ly
on making his or their claim, cause q
notice to be posted in three public pieces
in the township where shch ditch Or
fume shall commence, setting forth the
point OF commencement Of such ditch
or fume, It's termination and the use to
which such water shall be applied, an
shall file with justice Of the peace OF
the township, correct copy of such no.
tice with a plat OF the survey Of the
said ditch, its intended length, size and
grade. And shall within ten days The E.
after, file with the Recorder Of the
comfy wherein such ditch or flame is To-
eated, statement under oa h OF the
time and place of location OF the said
ditch or fume, and the said place to
which the said water is intended 10 b.
diverted, AID for what purpose, and
whether there are any prior locatio ms
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 claim
to any stream Of running water as itore-
said, 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 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 OF
such clam, or shall neglect or refuse to
finish their their said ditch or fume
within reasonable time after lis GEM
mencement, shall be deemed 10 have
lost all right to the water claimed
s d. In all cases where the unc aim-
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 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 this act.
s 5 In all cases where there sh Il
be more than one ditch or hume 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 above the com
s a. l,+,k e
prior claimant without necessary loss or
dimunition.
s 6. In all cases where any porson
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 their ditch Or fiume
to that sci 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 located in the same manner
as the original stream.
~. In all cases where disputes may
arise as to the priority Of the claim to
any waters o. any stream, creek or ra-
vine, a certified copy Of the notlc fled
with the justice, or Of The statements re-
corded in the Recorders office Shall be
evidence of such priority
5 s. 1t shall be the duty Of The JUS
tices of the peace in their respective
townships to record in a book to he kept
for that purpose the time Of filing OF al
such notices as may be fled with them
under this act. with the date of such
clam and the name or names Of the
claimant Or claimants and such justice
shall receive for recording and fling
each noticr the sum of one dollar
9. This act shall take eff CT from
and after Its passage.