The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-01-17
An Act to regulate

An Act to regulate the use OF water
for irrigation, and providing Tor
settling the priority OF right thereto,
and for payment of the expenses
thereof, and for payment OF all
costa and expenses incident ID said
regulation of use.
SECTION 1.-The county commits
sioners of each county shall, az their
regular January session in each year,
hear and consider any and al ap.
plications which msy be msde to
them by any party or parties inter
estsd in procuring water for irrigation
by purchase from any ditch or
reservoir furnishing and selling water,
or proposing to furnish water for
Eale, the whole or upper part of
which shsll lie in such county, which
application shall be supported by
such affidavit or afidaVits as the ap-
plicaut may see proper to
present, showing reasonable cause
for such board to proceed
to fix the price OF water to be there
after sold from such ditch or reser-
voir, and such board of commissioners
shall, upon examination of such
affidavit or afidaVits, or from the
osths of witnessed in addition thereto,
find that the facts sworn to show the
application 10 be in good faith, and
that there is reasonable grounds ID
believe that unjust prices are, or are
likely to be-, charged for water from
such ditch or reservoir, they shall
enter an order fixing a day, not
sooner than forty days thereafter, nor
later than the third day of the regular
session OF their board, when they will
hear all parties directly or indirectly
interested in said ditch or reservoir,
or in procuring water therefrom for
irrigation, who may appear, as we'll
as all testimony by Witnesses, or depo-
sitions taken on notices, as hereinafter
provided, touching the said ditch or
reservoir, and the cost of furnishing
water therefrom, at which time all
persons or corporations interested in
said ditch or reservoir, as we'll as all in
terested in obtaining water thereirom,
or in lands which may be irrigated
thereirom, may appear by themselves,
their agents or &storne|e, and said
commissioners shall then proceed to
take action in the matter of fixing
such price of water, provided the
applicant shall, within Ten days from
the time OF entering such order, cause
copy thereof, duly certified, 10 be
delivered TO the owner of such ditch
or reservoir, if it be owned By one
person, or each Of the owners, if il be
owned by several persons, or to the
president. secretary or treasurer of
the company, if it belongs to q corpo.
ration or association having such
ofticerF, or if such owner cannot be
found, he shall cause such copy TO be
left at his usual place of residence,
with some person or member Of bis
family residing there, and over
fourteen years of age, and il such
ditch officer cannot be found, he shall
cause such copy to be lett at the
Office or place of business ofthe COM
pany of which he is such officer, or
At his residence, if such company
have no place of business, and if such
ditch is owned by several owners, not |
IN incorporated company, it shall be
sufficient to serve such notice by
delivering one such copy each to a
majority Of them, and such applicant
ihall make affidavit Of the manner in
which such copy or copies have been
Ierved. Depositions mentioned in
ection one hereof, to be used before
aid commissioners, shall be taken
before any officer in the stats autho.
lied by law to take dispositions, upon 4
easonable notice being given to the
opposite party of the time and place ,
i taking such dispositions.
SEC. 2.-Ssid board shall hear and .
xSmine ell legal testimony or proofs !
fered by any of the parties interested
8 before mentioned, as well concern.
ng the value of the construction of
UGH ditch or reservoir IS the cost and
Expense OF maintaining and operat- 8
1g the same, and al matters which c
nay affect the just price and value Of '
1ater to be furnished therefrom; and !
hey shall have power to issue sub. i
oenss to witnesses and compel their r
which subr@nas shall be q
srYed By the sheriff of the proper \
ounty when required; and also to 7
Ompel the production of books and I
apers required for evidence in as full 8
nd ample a manner as the district Z
ourt now has. They may adjourn
le hearing from time to time 10 fur
Ter the ends Of justice or suit the
saeral convenience of parties. Upon
caring an land considering sill the t
lstters and facts involved in the csse, II
le board Of commissioners shall en- O
r an order naming and describ- e
g the ditch or reservoir with Q
Efficient certainty. and fixing Just 8
rice upon all water to be thereafter y
Id, which price shall not be there. O
ter changed ottensr than once in 2
10 years; provided, that no price go a
Led shall effect Laliectl the rights of s.