The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-02-02
CROWS WATER BILL.
Principal Features of the
Bill Which has Pass
ed the House.

visions of this title, or of any reser-
voir constructed by authority there
of, may conduct the water 80 appro-
priated, or which may be stored in
any reservoir, into and along any of
the natural drainage channels or
streams Of this Territory, but not SO
as to raise the waters thereof above
|, ordinary high-water mark and they
may take the same out again from
said natural stream, or drainage.
Due allowance shall be made for
evaporation, 'scapage and seepage,
the amount to be determined by
the water commissioner of the dis
trict or by the water master of the
stream or vicinity under the direc-
ton of said commits sioner."
Sec. 2. That Section 1855 of
said Chapter I. be and the same is
hereby repealed.
Sec. 3. That Section 5000 of
Chapter III. be amended by adding
thereto the following:
eff there be a failure to elect q
water master as above provided, or
if any water master elected shall
fail to file the bond herein required
within thirty days after his election,
the board of county commissioners
must, upon the petition of five resi-
dents of such water masters dis
trict being presented to them, ap-
point some suitable person as water
master for such water masters dis
trict."
Sec. 4. That Section 1904 of
Chapter III. of said Title be amen
ded by adding thereto the follow
ing:
"And all persons, when required
by the water commissioner, must
construct such head-gates and
dams, so as TO measure the quanti-
ty of water to be diverted as accur-
ately as practicable, and any per-
son or persons failing to comply
with this requirement shall not be
entitled to the use of any waters
distributed under the direction of
any water commissioner or water
master until such time as the requi-
red head-gates and dams are pro-
perry constructed"
SEC. 5. That Section 1905 of
said Chapter Ill. be amended by
adding thereto the following:
'ytpon the trial ofany person for
aM ,tion of the provisions of this
section, if it shall be established
that the waters diverted unlawfully
were caused to flow across and for
the benefit of the lands of the per-
son charged with the offense, such
fact shall be taken as presumptive
evidence of the guilt of the person
charged"
SEC. 6. That the following be
added to said Chapter I'LL:
"SEc. 1905. Persons desiring to
construct reservoirs for the purpose
of storing water shall have the right
to take from any of the natural
streams of the Territory and store
away any unappropriated water not
needed for immediate use for do
mestic, irrigating, or other useful
purposes; to construct and main
tain bitches for carrying such water
to and from such reservoirs, and
to condemn lands for such reser-
| voirs and bitches in the same man.
ner as may be provided by law for
the condemnation of lands for right
81 way for bitches"
Sec. Z. That said Title TX. be
amended by adding thereto the
following:
CHAPTER w.
WATER DISTRICTS AND WATER COM
MIssIoNERs.
SECTION 1912. First. The
board of county commissioners of
each of the several counties of this
Territory must, at their regular
meeting in April A. d. 1889 divide
the county into water districts.
Said divisions shall be made so as
to include in one district all the
streams in a particular valley
which are tributaries of the main
stream in such valley; and if deemed
more convenient for the admins
tration of the law of this chapter,
two or more streams or valleys may
be included in one water district.
The water districts of each county
beginning with No. shall be num-
bered consecutively, and the boun-
daries thereof shall be entered in
the records of said board. Said
board shall cause a correct outline
or sketch maps to be prepared by
the county surveyor and water com.
missioner which must show the
boundaries Of each water discreet