The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1889-04-12
rnE AKrEslAx WELL LAW.

Artesian Wells.
Be- Enacted By tie Legislative Assem-
bly, Of tho Territory Of Dakota.
The following Is q correct copy Of the
house bill No. 203, introduced by Mr..
Lillibridge. and which became q law.
81 Tina. for the purpose Of carry.
ing iate effect the PROVISIONS Of this act,
the judge Of probate of Zach county
shall be ex-oft-;s county ar.esian well
commissioner. which office is hereby
created.
50 Before the artesian well commits.
sioner shall take any action towardsiocat-
iEgor ss,sblishiag any artesian we'll, there
shall be fled with him an application
signed by not less than ten resident free
holders Of any township or townships In
which such artesiAn we'll ind the lands
to be benefited thereby and to DO as
sessed therefor may be situated, giving
a description of the place whsre said
we'll is proposed to be located, and also
a definite description of the beginning.
the route, md the terminus of the water
way through which 1t Is proposed that
the water from such we'll shall flow
when the same is completed and in op-
Grafton, and offering the right of way
for said we'll any such water waythrough,
their said land, and who shall be SUBJ
jsot to direct assessment therefor at the
expiration of twenty days.
s. After the fling of such applica-
tion, the said commissioner shall appoint
three disintsrested persons as viewers,
who shall, without unnecessary delay,
proceed TO personally examine the plac&
the place where the said well is pros
posed to be located, aud the course.
route add terminus Of proposed water
way and shall ascertain whether said
location of such we'll and sstablishm emit
OF said water way Is practicable and nee
essary and beneficial to the public vel
fare Of the district in which tho same is
proposed to be located and shall report
the result of ssch Investigation in writ
Ing to said we'll commissioner, having
Hrst been duly sworn TO faithfully and
impartially discharge their dutios as
suoh viewers. Nsny person upon whose
land the proposed we'll is located or
through whose land any water way
thsrefrom may pass. shall have died any
protest against the location of such
proposed well and water way, prior to
the appointment of said viewers, they
shall assess the damages. If my, which
such person may sustain from the loea-
ton Of such we'll or said water way
through his land and shall report SAID
damages with the report Of their pro-
csedings made as hereinafter provided.
81 Ha majority OF such viewers
assess and report damages in favor of
ny person protesting agsinst the loca-
aien Of such well or Its water ways, their
report shall be presented to the board of
county commissioners of said county
and II said board shall consider the pro.
posed we'll Of sufficient importance to
the public they shall order the costs and
damages to be paid out OF the county
treasury; bit If a majority report against
the claims for damages of such person,
he shall be liable for the costs Of such
appraisement.
S. If it shall be made to nppear 10
the board Of county commissioners that
the damages assessed are unreasonable,
they may set aside such assessment and
In such case the artosian well commIs-
sionsr may order another appraisemcnt
by different persons. under the same reg
ulations as provided in the first appraise-
ment.
SO Any person nggrievcd by any
decision OF any board of commissioners
had nnder this chapter. may appeal
thsrcfrom to the district court, the same
as provided i'd the provisions relating to
highways. bri lges and ferries. $3.50,
chapter 80, Political Code. 71a7 General
Laws.
81 The viewers appointed under So
of this act shall receive the sum Of two
dollars each per day for their services as
described in said section to be payed by
the persons who signed the application
for said we'll. who shall be. seyerally
liable TO pay the same.
So II The viewers make and file q
written report with said commissioners
recommending said location and route az
practicable. necessary and beneficial, the
commissioner shall cause a survey and
measurement of the location of said well
and the line Of the proposed water way
to be made by the county surveyor, and
a plat therefor shall be flied in the office
of the register of deeds ia said county,
and be subject to public inspection; and
shall show the location of the well and
the lines and OUT Of the water way
thsrstrom.
50 Upon the filing Of tho plat aad
tho minutes of said survey. as provided in
SIS, the said commissioner shall make an
order in writing in which he shall dc.
clare said well and said waetr ways
there from to be located In accordanc.
with said plat and survey; provided, tina:
IL cases where damages have been ap
praised and assessed, the same shall frsi
be paid to the person entitled thereto. o
paid iato the county treasury for thsi
use, before such land shall be actuall,
taken
$40 Whenever 1t is necessary (,
construct q watcr way from any a~rtesial
wen acress the right Of way or road be,
Of any railroad company il shall be tn
duty ofthe railroad, when notified b,
the commissioner 90 20 do, tn make ant
maintain the necessary opening through
said roadbed and to build and maintain
. suitable culvsrt, Notice In writing t,
make sach an opening and to construc
such oulvert may be served on sueh com
pany Is provided in tho service Of sum
mons. Al least thirty DAYS before sucl
railroad company shall become liable
In case such railroad company shall 70