The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-03-27

Ii. B. No. 15-Relatire to Water Rights.
Be 1t Enacted by the Legislative Assem- bly,
Of the Territory of Montana:
SEC. l. That the right to the use Of run
ming water flowing In the rivers, streams,
caiions and ravines of this Territory may be
acquired by appropriation.
SEC. 2. The appropriation must be for
some useful or beneficial purpose, and when
the appropriation or his successor In interest
abandons and ceases to use the water for
such purpose, the right ceases: but questions
Of abandonment shall be questions of fact,
Of fact.
Sec. 8. The person entitled to the use of
water, may change the place Of diversion, If
others are not thereby injured, and may ex.
tend the ditch, fume, pipe or acquaduct, by
which the diversion is made, to any place
other than where the first use was made, and
may use the water for other purposes than
that for which 1t was originally appropriated.
SEC. 4. The water appropriated may be
turned into the channel of another stream
and mingled with its waters and then [bel
reclaimed, but in retaining 1t water already
appropriated by another must not be dimin-
ished in quantity or deteriorated In quality.
Sec. s. AS between appropriations, the one
first in time Is first in right.
Sec. Q. Any person hereafter desiring to
appropriate water, must post q notice in
writing in conspicuous place at the point
Of intended diversion, stating therein First
The number of inches claimed, measured
Is hereinafter provided. Secoud-The pur-
pose for which 1t Is claimed, and place of in
tended use. Third--The means of diver
sion, with size Of fume, ditch, pipe or aqua.
duct in which he intends TO divert 1t.
Fourth-The date Of appropriation. Fifth
The name of the appropriation. Within
twenty days after the date Of apprep riation,
the appropriation shall file with the County
Recorder Of the county in which such appro.
priation ], made, . notice of appropriation,
which, IN addition TO the facts required to be
stated in the posted notice as hereinbefere
prescribed, shall contain the name of the
stream from which the diversion is made, II
such stream have name, and If 1t have not,
such description ftbe stream as will iden-
tify 1t, and an accurate description of the
point Of diversion on such stream, with ref.
erences to some natural object or permanent
monument. The recorded notice shall be
verified BY the affidavit Of the appropriation,
or some one In his behalf, which AFFIDAVIT
must state that the matters and things con-
tanned Ia the notice are true.
SEC. 7. Within forty days after posting
such notice, tho appropriation must proceed
to prosecute the excavation, or construction,
OF the work BY which the water appropriated
Is 10 be diverted, and must prosecute the
same with reasonable diligence to compile.
ton. If the ditch or fume, when construct.
ed, 10 inadequate to convey the amount Of
water claimed In the notice Aforesaid, the
excess claimed above tbs capacity of the
ditch or aume shall be subject to apprspria.
ten 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 apprepriator |
Of the right 70 the use Of water Is against =
subsequent claimant who complies there |
with, but BY complying with the provisions
d this act, tho right to the use of watsr shall
relate back to the date Of posting the notice. /
SEC. 9. Persons who have heretofore nc.
luired rights to the use Of water, shall with.
10 six months after the publication Of this |
vet, hle In the Office Of the Recorder Of the
county In which the watsr-right is
'ituated, . declaration In writing, sxcept
notice be already given Of record, a re-. |
lulred BY this act, the same facts q required
a the notice provided for record In Section
Of this act, such declaration shall be veri.
led - required in Section 8 Of this act, in
'ases Of notices Of appropriation of water.
trocsded, That failure to comply with the
9 luirements Of this section may in no wise
york forfeit Of such claimant from estab-
ishing such rights In the courts.
SEC. 10. ,fhe record provided for in Sac.
ions . and . Of this act, when daily made.
ball Do taken and received In al the courts
{ this Territory Is prima Jacsa evidence Of
ne statements therein contained.
SEC. IL. In any suit hereafter commencaa
~ the protection rights acquired 10 water
ndsr tho laws Of this Territory, the plain
y may make any or oil persons who have
ivertsd water from the same stream or ,
'uice' parties 70 such action, and the Court
lays 10 one decree, settle the relative prier- |
'es ana rights Of eli The parties 70 such suit.