Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-03-17
AN ACT

AIN Az
To define Tie method Of acquiring right
to dirert mater far mining or other pur
poses in The mineral districts Of TIL
STATE.
The People of the State Of Cal,fornic
Represented IN Senate and assembly, d.
enact as foilows
s l. 1t shall not be lawful for any
person or persons to divert the watel
running in any stream, creek, or raviae
within the mineral districts of this Stat,
from It's original bed 10 distant point:
therefrom, for mining Or milling pur
pose save in the manner hereaftar pro
vided
s 2. Everyperson, or persons max
ing Cain 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 t.
any point distant therefrom by dam anC
ditch or hnme, 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 OIL
fume shall commence, setting forth the
point of commencement of such ditcl
or hume, its termination and the use tt
which such water shall be applied, an
shall file with justice of the peace o
the township, correct copy Of such no
IL Of ba Of h,
said ditch, its intended length, size ant
grade And shall within ten days there
after, file with the Recorder Of tht
comfy wherein such ditch or fuue is To-
Gated, a statement under oath of the
time and place Of locatiun Of the sale
ditch or fume, and the said place t.
which the said water is intended to b.
diverted, and for what purpose, anG
whether there are any prior locations
upon the said stream, and the Recorder
shall record the said statement in a bool
TO be kept for that purpose.
s 3. Every person locating claim
to any stream Of running water as afore-
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 d verted
and any person or persons claiming wa
ter under the provisions Of seution sec
ond of this act, who shall not commenc,
work upon their ditch or fume, within
six months from the date of the notice O
such claim, Or shall neglect Or refuse tC
finish their tn ir sail ditch or flumt
within a reasonable time after is m
mencement, sh Il be deemed to have
lost all right To the waite c'am j
s A. In all cases whec tie Eu lain-
cd water of a ravinr o. creek lail b- /.
use by mining parties in the bao of sarf
ravine or creek, the rights Of the pq-t
SO working such bed shall be respoc
by those persons claiming to divert said
water. But this section shall not be
construed as gising 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 L
be more than one ditch or fume running
to any distant point from any sirenm
creek or ravin", the priority of claim
shall always prevail, but this shall not
prevent any person from diyertng 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 fune of the
prior claimant without necessary loss OF
dimunition
5 6. In all cases where any prs IN
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 tn If 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 1ume, shall be subject to be
claimed and ocaled in the same manner
as the original stream.
s 7. In ali 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 notice fled
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 a book to be kept
for that purpose the time of filing of all
such notices as may be fled 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 noticr the sum of one dollar.
5 Q. This act shall take eff ct from
and after its passage.
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