The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-01-18
IRRIGATION LAWS.
Hints for the Legislature.
lGontinned.l

| Continued.
SIC. 3.-Any person or persons,
acting Jointly or severslly, who shall
have purchased and used water for
irrigation for lands occupied by him,
her or them, from any ditch or
reservoir, aud shall not have ceased
10 60 20 Tor the purpose or with intent
t. procure water from some other
source of supply, shall have right to
continue to purchase water TO the
came amount for his, her or their
lsnds, on paying or rendering the
price thereof fixed by the county
| commissioners IS above provided, or
If no pIics shall have been liked by
them, the price at which the owners
OF such ditch or reservoir may be
then selling water, or did sell water
the then last preceding year. This
section shall not apply to the case of
| those who may have taken water as
stockholders or shareholders after
they shall have sold or forfeited their
shares or stock, unless they shall
have retained right to procure such
water by contract, agreement Or
understanding, and use between
themselves and the owners OF such
ditch, and not then to the injury OF
other purchasers of wster from, or
shareholders in the same ditch.
SEC. 4.-If at sny time, any ditch
or reservoir from which water ls or
shall be drawn for irrigation shall not
be entitled to q full supply of water
from the natural stream which sup
plies the same, the water actually
received into and carried by such
ditch, or held in such reservoir, shsll
be divided among all the consumers
of water from such ditch or reservoir,
as we'll as the owners, shareholders or
| stockholders Thereof rs the parties
purchasing water therefrom, and
parties taking water partly under and
by virtue of holding shares, and
partly by purchasing the same, to
each his share pro rata, according 10
the amount be, she or they lin ca5es
in which several consume water
jointly shall be then entitled. go that
all owners and purchasers shall suffer
from the deficiency arising from the
cause aforesaid each in proportion to
the amount OF water TO which he, che
or they should have received in case
no such deficiency Of water had
occurred.
Next foIlowa regulations tOs certain
specified bitches.
SECTION Is. There shall ba one
water commissioner for each Of the
ab0ve-named district, and for each
district hereafter formed, who shall
be appointed By the governor, to be
selected by him from persons recon-
mended to him by tae several boards
of county commissioners OF the coun
ties into which water districts may
extend, and the water commissioner
90 appointed shall hold his Office
until hi5 successor is appointed and
qualified. The governor shall, by
like selection and appointment, Fill
all vacancies which may be &C.
casioned By death, resignation or
continued absence from the district,
removal or otherwise. Said county
commissioners may, from time 10
time, recommend persons to be
appointed as above provided. and the
governor may at any time remove
any water commissioner, in his dis
erection.
SEC. 17.-That within ten days
after his appointment and before
entering upon the duties of his office,
such water commissioner shall take
and Subscribe the oath OF Office
prescribed by the constitution Of this
state.
SEC. 16.-It shall be the duty of
said wafer commissioners to divide
the water in the natural stream or
streams of their district among the
several dit,hes taking water from the
same, according to the prior rights of
each respectively; IN whcl9 or in
part TO shut and fasten, or cause to be
shut and fastened, by order given to
any sworn assistant sheriff or COZ
stable Of the county in which the
head of such ditch is situated, the
head-2ate5 Of any ditch or bitches
heading in any OF the natural streams
Of the districts, which, in time of G
scarcity Of water, shall not be entitled
to water by reason Of the priority of
the rights of Cthers below them On
the same stream.
SEC. 19.-For the purpcse of hear
ing, educating and settling all ques-
tons concerning the priority OF /
appropriation of water between ditch +.
companies and other owners of
bitches drawing water for irrigation
purposes from the same stream or its
tributaries within the same water
district, and all other questions of law
and questions of right growing out of 4
OF IN any way involved or connected
herewith, jurisdiction is hereby
vested exclusively in the district court K
of the proper county; but when any L
water district shall extend into two or
more counties, the district court of
the county in which the frat regular
term after the first day OF December
in each year shall soonest occur, !
according to the law then In force,
shall be the proper court in which I
the proceedings tor aaid purpose, as
hereinafter provided for, shall be
commenced; but where said proceed I
ings shall be commences, by the
entry OF en- order appointing c
referee in the manner and for the
purpose hereinafter in this act pro. 2
vidsd, such court shall thereafter G
retain exclusive jurisdiction of the s
whole subject until final adjudication O
thereof is had, Notwithstanding any r
law to the contrary now in force. f
SEC. 20.-On or before the fifth r
day of July, AID. 1879, the Judge OF u
The district court having jurisdiction o
1ver any water district, for tue pur- e
pose provided above in this act, shall b
appoint and cause to be entered by t.
he clerk OF the dietrict court an n
order appointing some discreet and n
competent person . referee of said b
,ourt fer the purpose of taking u
estimony and proofs in such water
district. Said referee shall take an oil
alh in writing, to be subscribed by f
i'm and fled with the clerk OF said al
curt. IN substance the same SIS N
by law to be taken BY