The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-02-02
NO. 5.
poses, shall be deemed guilty of a
misdemeanor.
CIIA DTED W

poses, snall De ueeMeQ guilty. OF
misdemeanor.
CHAPTER v.
ADJUDICATION OF WATER RIGHTS.
Sec. 1915. First. In order that
all parties may be protected in
their lawful rights to the use Of
water for irrigation, every person,
association or corporation, owning
or claiming any interest in any
ditch, canal or reservoir within any
water district, must on or before
the first day of August, 1889, file
with the clerk of the district court
statement Of claim under oath,
entitled of the proper court, and in
the matter of rights in water dis
trict number, as the case
may be, which statement shall con-
tain the name or names together
with the postoffice address of clai-
mant or claimants claiming owner
ship, as aforesaid, of any such
ditch, canal or reservoir, the name
thereof, (if any and if without a
name, the owner or owners shall
choose and adopt a name, to be
therein stated, by which such ditch,
canal or reservoir shall thereafter
be known, the description of such
canal, ditch or reservoir as to loca-
ton of head-gate, general course of
ditch, the name of the natural
stream from which said ditch,
or reservoir draws it's wastes, the
length, width, depth, and grade
thereof as near as may be the time,
fixing day, month and year as
the date of the appropriation of
water by original construction also
by any enlargement or extension, if
any such thereof may nave been
made, and the amount of water
claimed, by or under such construc-
ton, enlargement or extension and
the present capacity of the canal,
ditch or feeder of reservoir, and
also the number of acres
of land lying under and being or
proposed to be irrigated by water
from such ditch, canal or reservoir.
Said statement shall be signed by
the proper party or parties. If it
shall appear to the satisfaction of
the court that any person claiming
to owns or have any interest in any
such ditch, canal or reservoir, has
failed to file the statement of claim
hereby required, said court must
enter an order of record requiring
such person to appear forthwith and
file such statement and shall enter
judgment against the person for the
costs of such proceeding.
Second. The county auditor of
each county must without delay
after the passage of Act, cause a
certified copy of the foregoing sub
division of this section, giving the
date of the approval of this Act, to
be published in one of the public
newspapers published inhis county
once each week continuously, until
the first day of May, A. D. 1899,
and in case, in the meantime, any
one of said papers shall cease to be
published, then such publication
shall be made in some other paper
in the county, if any there be, and
on conclusion of such publication
the, publisher Of such paper shall
deliver to the county auditor his
sworn certificate of publication in
duplicate, showing that such publ
cation has been made in his paper
in compliance with the preceding
subdivision hereof, and stating the
first and last day of such publica-
ton; and he shall thereupon be en-
titled to receive from the county
auditor certificate of the amount
due him for such services, on pre-
sentation of which to the county
commissioners, they shall allow a
warrant for the amount in favor of
the holder, on the county treasurer
who shall pay the same according
to law.