The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1885-04-04

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things contained in the notice ar
{ true.
SEC. Z. Within forty days after post
ing such notice, the appropriation mus
proceed to prosecute the excavation, o.
construction, of the work by which th,
water appropriated is to be diverted, ant
must prosecute the same with reasona
ble diligence to completion. If tn.
ditch or tlume, when constructed, is in
adequate to convey the amount of wa
ter claimed in the notice aforesaid. tht
excess claimed above the capacity of the
ditch or tlume shall be subject to appro.
priation by any other person, in accord.
ance with the provisions of this act.
SEC. 8. A failure to comply with the
provisions of this act deprives the ap.
proprietor of the right to the use of the
water as against subsequent claimant
who complies Herewith, but by comply.
ing with the provisions of this act, the
| right to the use of water shall relate
back to the date of posting the notice.
SEC. 9. Persons who have heretofore
acquired rights to the use of water,
shall, within six months after the pub
lication Of this act, file in the Office of
the recorder of the county in which the
water right is situated, a declaration in
writing, except notice be already given
OF record. as required by this act, the
same facts as required in the notice pro-
vided for record in section of this act,
such declaration shall be verified as re-
quired in section of this act, in cases
of notices of appropriation of water.
Provided, That failure to comply with
the requirements of this section may in
no wise work forfeit of such claimant
from establishing such rights in the
courts.
SEC. 10. The record provided for in
sections 6 and 9 Of this act, when duly
made, shall be taken and received in all
the courts of this territory as prima
facie evidence of the statements therein
contained.
SEC. II. In any suit hereafter COM
menced for the protection of rights &C.
quired 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 damages are claimed for the
wrongful diversion of water in any
such suit, the SAME may be assessed and
apportioned by the jury in their verdicts;
and judgment 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 deter
mine the ultimate rights of the parties
between themselves.
SEC. II. 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
as if the same were several
as well as joint.
SEC. 13. The recorder of each county
must keep well-bound book,
n which he must record the
notices and declarations provided
,or in this act, and he shall be
entitled to have and receive the same
:ees as are now or hereafter may be al
owed by law for recording instruments
entitled to be recorded.
Sec. IA. The measurement of water
appropriated under this act shall be con-
lucted in the following manner: A
'ox or flume shall be constructed with
head-gate placed so as to leave an
pening of six inches between the bot
ON of the box, or flume, and lower edge
f the head-gate, with a slide to enter
t one side of, and of sufficient width to
lose the opening left by the head-gate,
y means Of which the diminsions of
he opening are to be adjusted. The
OK, or flume, shall be placed level, and
0 arranged that the stream in passing
trough the aperture is not obstructed
y back-water or an eddy below the
ate; but before entering the opening
, be measured the stream shall be
rought to an eddy, and shall stand
1ree inches on the head-gate and above
ne top of the opening. The number of
luare inches contained in the opening
hall be the measure of inches of water.
1t was noticed, says the Chicago Tri-
une, at the burning of the Langham
louise Saturday night that the fire
sged hardest at the points where the
lost water was thrown. Eight or ten
;reams of water poured in at one place
,emed only to feed the flames with
lore fuel and make the fire rage harder
IAN it did at places where no water
as thrown. To all appearance the ef-
,ct was much the same as though in
oils instead of water had
cen poured into the burning building.
he same thing can be noticed in every
lse where the fire is so great as to pro-
ice an intense heat. A powerful heat
stantly converts the water into steam,
lperheated. separating the oxygen and
ydrogen so as to form highly infam-
able gases, the oxygen of the steam