, 1884-03-18

AN ACT to amend al Act entitled An Act to Create M Regulate
Corporations" Compiled Laws, pages 24, 2.
Be It enacted by the Council and House of Repressntotnes of the
Territory OF Wyoming:
SECTION 1. That sections %, 80, 80 and 81, of chapter
"a, title ], of the Compiled Laws of Wyoming, be, and
the same are hereby, amended to read as follows:
Section %. Whenever any three or more persons
associate under the provisions of this article to form a
company for the purpose of constructing q ditch or
bitches for the purpose of conveying water to any mines.
mills, or lands to be used for mining, milling or irri-
eating of lands, they shall in their certificate, in addition
to the matters required in section one of this article,
specify as follows: The stream or streams from which
the water is to be taken; the point or place on said
stream at or near which the water is to be taken out;
the line OF said ditch or bitches, as near as may be, and
the use to which said water is intended to be applied.
Sec. 80. Any ditch company formed under the pro-
visions of this article shall have the right of way over
the lines named in the certificate, and shall also have the
right to run the water of the stream or streams named
in the certificate through their ditch or bitches: Pro
Uided, That the lines proposed shall not interfere with any
other ditch whose rights are prior to those acquired
under this article and by virtue of said certificate. Nor
shall the water of any stream be directed from its orig
inal channel to the detriment of any miners, mill men or
others along the line of said stream, who may have a
priority of right, and there shall be at all times left sufi-
cient water in said stream for the use of miners and
agriculturists who may have a prior right to such water
along said stream.
Sec. 80. Any company constructing a ditch or bitches
under the provisions of this article shall furnish water
to the class of persons using water in the way named
in the certificate, as the way the water is designated
to be used, whether miners, mill men or farmers, when
ever they shall have water in their ditch or bitches
unsold, and shall at all times give the preference to the
use of the water in said ditch or bitches to the class of
persons SO named in the certificate; the rates at which
water shall be furnished to be fixed by the county COM
missioners, or the tribunal transactng county business,
as soon as such ditch or bitches shall be completed and
prepared to furnish water.
Sec. 81. Every ditch company organized under the
provisions of this article shall be required to keep the
banks of their ditch or bitches in good condition, so
that the water shall not be allowed to escape from the
same, to the injury of any mining claim, road, ditch or
other property located and held prior to the location of
such ditch; and whenever it is necessary to convey any
ditch over, or across, or above any lode or mining claim,
that the company shall, if necessary to keep the water of
said ditch out or from any claim, Hume the ditch SO far
as necessary to protect such claim or property from the
water of said ditch: Provided, That in all cases where
the ditch has priority of right by location, the owners of
such claim or property shall be compelled to protect
themselves from any damages that might be created by
said ditch, and the owner of such claim shall be liable for
any damages resulting to said ditch by reason of the
works or operations performed on such claim or prop
erty.
SEC. 2. This act shall apply to all ditch companies
already formed and incorporated under the laws of this
Territory.
SEC. 8. This act shall take effect and be in force from
and after its passage.
Approved February 9th, 1884.