The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-01-26
PROPOSED LEGISLATION.



Among the measures that have already
been Introduced in the House the most i'm
portant probably and that most materially
affecting the interests of. the people is that
relating 70 water rights, and the sppropris-
ting Of waters of the running streams Of this
Territory, introduced by Mr.. Ksnouse. We
deem this matter of such general and vital
interest that We herewith give the original
bill entire that our readers may be apprised
Of its scote and purpose and follow more in
telligently the action of the Legislature, or
perhaps make suggestions as to its merits 'r
.deinerits. It's known in the Legislative re-
'corg5 asHouse Bill No. 4.
Be IL endcied by the Legislative assembly of
the Territory of Montana:
SE cTIoN l. That right to the use Of ruiz
ming water flowing in the rivers, streams,
csiions, and ravines Of this Territory may be
acquired by appropriation.
SEC. 2. The appropriation must be for
some useful or beneficial purpose, and when
.he appropriation or his successor in interest
ceases to use 1t for period of two years, this
right ceases, except when such appropriation
shall have been made for lrrigating or mining
purposes, on lands for which patents have
been obtained from the United States.
SEC. 3. The person entitled to the use
may change the place Of diversion, If no
prior appropriation is thereby injured. and
may extend the ditch, fums, pipe or aque-
duct by which the diversion is made TO place
other than where the first use was made, and
may use the water for other purposes than
for which it was originally appropriated.
SEC. 4. The water appropriated may be
turned into the channel Of another steam
and mingled with lis water and then be re-
claimed, but in reclaiming it water already
appropriated by another must not be di-
minished.
SEC. 5. As between appropriations the one
first in time is the first in right.
SEC. 6. Every sppropriator of water must
within six months from the actual diversion
Of such water from Its natural channel, file
for record with the recorder of the county in
which such appropriation is made notice
containing:
1st. A statement Of the number of inches
claimed, measured under a 4-Inch pressure.
I'd. The purposes for which it is claimed
and the place of intended use and point of
diversion. Sd. The means of diversion,
with the size Of fume, ditch, pipe, or aque-
duct, in which he intends to divert it. 4th.
The date Of appropriation. 9Th. The name
Of the appropriation.
Such notice shall be subscribed by the ap.
proprietor aud verified by his affidavit, sworn
to before some person authorized to admin
lister oaths. Such affidavit OF verificatio
must state that the matters in said roti ce
cont aimed are true, and that the affiant is q
citizen OF the United States, or has declare
his intention to become su h. 4ag4s .s...
SEC. Z, Within sixty days after filing for
record such notice, the appropriation must
proceed to prosecute the excavation or con.
struction Of the works by which the water
appropriated is diverted, aud must prosecute
the same With reasonable diligence to COM
pletion. If the ditch or flume when con-
structed is inadequate to convey the amount
of water daimed in the notice aforesaid, the
excess claimed above the capacity of the
ditch or fhIme shall be subject TO appropria-
tien by any other person in accordance with
the provisions of this act.
SEC. 8. A failure to comply with the pro-
visions Of this act deprives the approprator
of the right TO the use of the water as against
a subsequent claimant who complies there
with.
SEC. o. Persons who have heretafore ac-
quired rights to the use Of water shall within
six months after the publication of this act
file in the Office of the Recorder of the coun-
ty wherein their water right is situated
declaration in writing showing Except no
tice be already Of record as required by this
Act) the same facts as required in the notice
provided for in Section 6, of this act. Such
declaration shall be duly verified by the afi-
davit of at least two witnesses, that the state
ments contained In said declaration are true
to the best knowledge, information, and be-
lief of atlantis, giving their means Of infor-
nation.
SEC. 10. The record provided for In Sec
tons and Of this act, when duly made,
shall be taken and received in sll courts Of
courts of this Territory as prima faeie evi-
dence of the statements therein containd.
SEC. IL. In any suit hereafter commenced
for the protection of rights acquired TO water
under the laws of this Territory the plaintiff
may make any or all persons who have di-
yerted water from the same stream or source,
parties to such action, and the court may In
one decree settle the relative priorities and
rights of sii the parties to such sull. When
damages are claimed for the wrongful DIVER
sion Of water In any such suit, the same may
be assessed and spportioned by the jury In
their verdict and judgment thereon may be
entered for or against one or more of several
plaintiffs or for or against one or more of the
several defendants, and may determine the
ultimate rights of the parties between them
selves.
soEc. IL. IN any dction CoHctFblug joint
water rights, or joint rights in water bitches,
unless Partition of the same is asked by par
ties to the action, the Court shall hear and
determine sach controversy, as If the same
were several Is well as Joint.
SEC. Is. The Recorder of each county
must keep well bound book in which be
must record the notices and declarations
provided for In this act and he shall be en-
titled to have and receive the same fees as
are now, or hereafter may be, allowed by law
for recording instruments entitled to be re-
corded.
SEQ. IA. All acts or parts Of acts conflict
Ing herewith are hereby repealed.
SEC. Is. This act shall take effect and be
In force from and after its passage.
"old Baldy," General Meade's war horse,
was poisoned in field near Philadelphia on
Sunday 10 put him out Of his misery. Be-
fore General Meade's death he gave the ami
NAL that had carried him over many a bard
fought battlefield faithfully and successfully
TO John ]. Davis, . blacksmith. living near
Jenkentown. The condition was that the
hora6 Waa never IN ~. sold iuto aervitu,fe