The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-02-02
and, as nearly as may be, the legal
subdivisions of land on which are
situated the head-gates, bitches,
and canals within said county.

and canals within said county.
Second. There shall be one wa
ter commissioner for each district
who shall be appointed by the
board Of county commissioners at
said April meeting; and he shall
hold his office during the pleasure
of said board and until his success
or is appointed and qualified, and
he must, within ten days after his
appointment take and file the off,
cial oath of office with the county
auditor, and execute and file with
said auditor a good and sufficient
bond conditioned in the penal sum
of one thousand dollars for the
faithful performance of his duties
as said water commissioner, said
bond to be approved by said board,
and said board shall have power to
fill any vacancy in the office of said
water commissioner as in cases of
vacancy in county offices.
Third. 1t shall be the duty of
said water commissioner to divide
the water in the natural stream or
streams of his district among the
several bitches taking water from
the same, according to the prior
rights ofeach respectively, in whole
or in part, to shut and fasten, or
cause to be shut and fastened the
head-gates of any ditch or bitches
heading in any of the natural
streams of his district, which in a
time of scarcity of water shall not
be entitled to water by reason of
the priority of rights of others be-
low them on the same stream 1t
shall also be the duty of said water
commissioners in times of scarcity
of water in any stream or streams
in their district, to regulate the
water in such stream or streams, so
that no person entitled thereto
shall be allowed to use more water
than good husbandry requires.
Fourth. Said water commission
er must assist the county surveyor
in the preparation of the skeleton or
outline maps aforesaid, and must
diligently inquire into and ascertain
the claims of all persons asserting
priorities of water rights in his dis
trict, and he must also at the time
of making such examinations fur
nish to all persons found by him to
claim any priorities in the water of
the flowing stream or streams eff his
district, copy of subdivision of
Section 3215 of this Title. Said
water commissioner is also empow-
cred to administer oaths in the
making of statements of claims of
priorities and appropriations Of
waters. It shall be the duty of
said water commissioner and of
said county surveyor to attend,
when notified by the court or
referee, all examinations that may
be had for the determination of
priorities and adjudication of claims
under this Title and give evidence
concerning the same. The board
of county commissioners may pre-
scribe such further duties for said
water commissioner as may be
necessary and not inconsistent with
the provisions of this Title.
Fifth. The water commi ssioners
herein provided for shall each be
entitled to pay at the rate of three
dollars per day for each day they
shall be actually employed in the
duties of their Office, to be paid by
the county. Each water commits
sioner shall keep just and true
account of the time spent by him in
the duties of his Office, and shall
present true copy thereof, verified
by oath, to the board of county
commissioners, who shall audit and
allow the same.
Sixth. Whenever any water dis
trict is more than twenty miles in
length, the water commissioner may
appoint one or more assistants who
shall reside in the neighborhood
where they perform their duties;
PROVIDED, That said commissioner
shall not appoint more than one as
sistant for each additional area of
twenty miles square in his district.
Said assistants shall each take the
same oath as the water commission
er, and shall obey his instructions,
and shall each be entitled to two
dollars per day for every day they
are necessarily employed, to be
paid upon the certificate OF the
water commissioner in the same
m amer as provided for paying
water commissioners.
Seventh. Any water commission
er or his assistant who shall wilfully
neglect or refuse, after having been