The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1885-05-27


to completion. If the ditch or fiume,
when constructed, is inadequate to con-
| yey the amount of water claimed in the
notice aforesaid, the excess claimed
above the capacity Of the ditch or Aume
shall be subject to appropriation by any
other persons in accordance with the
provisions of this act.
A failure to comply with the proyis-
ions of this act deprives the appropri-
ator of the right to the use of water O.
against q subsequent claimant who eoul-
plies Herewith, but by complying with
the provisions of this act, the right to
the use of the water shall relate back to
the date of posting the notice.
Persons who have heretofore acquired
rights to the use of water shall, within
Blk months after the publication of this
act, file in the Office of the recorder of
the county in which the water right ii
situated declaration in writing, except
notice be already given of record as re.
quired by this act, the same facts as re-
quired in the notice provided for record
in section 8 of this act, such declar.
alton shall be verified as required In
section 9 of this act, in cases of notice of
appropriation of water: Provided, thar
a failure to comply with the require.
ments Of this section may in nowise
work a forfeiture of such heretofore &C.
quired rights, nor prevent any such
claimant from establishing such rights in
the courts
The record provided for in sections
and 8 of this act, when duly made, shall
be taken and received in all the courts
of this territory as prima facie evidence
of the statement therein contained.
In any suit hereafter commenced for
the protection ofrights acquired to water
under the laws of this territory, the
plaintiff may make any or all persons
who have diverted 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 all
the parties to such suit. When dam
ages are claimed for the wrongful diver
sion of water in any such such suit, the
same may be assessed and .apportioned
by the jury in their verdicts, and iudg-
ment thereon may be entered for or
against one or more of several plaintiffs
or for or against one or more of several
defendants, and may determine the ulti.
mate rights of the parties between them-
selves.
In any action concerning joint water
rights, or JOINT rights in water bitches,
unless partition of the same is asked by
parties to the action, the court shall hear
and determine such controversy as if the
same were several as well as joint.
The recorder of each county must keep
a well-bound book, in which he must re-
cord the notices and declarations pro-
vided 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 en-.
titled to be recorded.
The measurements of water appropri-
ated under this act shall be conducted in
the following manner A box or fume
shall be constructed with headgate so
as to leave an opening of six inches be-
tween the bottom of the box or Aume
and lower edge of the headgate, with
side to enter at one side of and of sufi.
cient width to close the opening left by
the headgate, by means of wh;ch ths
dimensions of the opening are to be
adjusted. The box or fiume shall be
placed level, and so arranged that the
stream in passing through the aperture
is not obstructed by back water, or an
eddy below the gate; but before entering
the opening TO be measured the stream
shall be brought to an eddy, and shall
stand three inches on the headgate, and
above the top of the opening Thenum-
Der OF square inches contained in the
opening shall be the measure of inches
of water.
Approved March II. 1885.