Butte record. (Bidwell, Butte County, Cal.) 1853-1858, 1855-04-07
An ACT

AN ACT
To dsfre the method Of acquiring rights
to dirert a0ater for mining or other pur-
poses in the mineral districts of this
State
TIE People of the State Of California
Represented in Senate and assembly, do
enact as fOlloOs
s 1. 1t shall not be lawful for any
person or persons to divert the water
running in any stream, creek, or raylae,
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. Eyeryperson, OF persons MAX
ing a claim to any water running IN any
stream, creek or ravine. within the min
eral districts, for the purpose of Divert
ing ouch water from its original bed 70
any point distant therefrom by dam and
ditch or fame, for mining, milling or
agricu tural purposes, shall Immediately
on making bis or their claim, cause q
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 applied, and
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 there
after, file with the Recorder of the
comfy wherein such ditch or fume is To-
Gated, statement under oath Of the
time and place of location of the sale
ditch or Aume, and the said place e
which the said water is intended 10 b.
diverted, and for what purpose, and
whether there are any prior location:
upon the said stream, and the Recorder
shall record the said statement in a bool
to be kept for that purpose.
5 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 cree
or cause TO be erected, the hume b,
which the said water is to be diverted
and any person or persons claiming wa
ter under the provisions of seutlon 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 t,
finish their their said ditch or fun
IL Il
mencement, sh Ii be deemed 10 hav,
lost all right to the water claimed.
s 4. In all cases where the unc lain
ed water Of ravine or creek shall be il
use by mining parties in the bed of sucl
ravine or creek, the rights of the parties
50 working such bed shall be respected
by those persons claiming to divert sale
water. But this section shall not be
construed as giving any right to parties
whatsoever to claim the said water fol-
the purpose of working the bed of tht
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 shal
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 mo-
prevent any person from diverting such
water above the commencement of any
other ditch or hume, so that it be return
ed to its original stream above the COM
mencement of the ditch or flume of the
prior claimant without necessary loss OF
dimunitfon.
S 6. In all cases where any pars II
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 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 fune, shall be subject to be
as the original stream.
S 7. In all cases where disputes may
arise as to the priority of the claim tC
any waters Of any stream, creek or ra.
vine, a certified copy of the notice flee
with the justice, or.of the statements re-
corded in the Recorders office shall b,
evidence of such priority.
5 8. 1t shall be the duty Of the jus
tees of the peace in their respectiy,
townships to record in book to be KEEP
for that purpose the 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 tht
claimant or claimants and such justic,
shall receive for recording and filing
each noticr the sum of one dollar.
9. This act shall take effect from
and after its passage