Arizona republican., 1895-03-17


 sary by said engineer. "The report must contain the following informa- tion:' :'' The amount of water necessary 1 to supply all the ditches, canals and reservoirs of that district. The amount of water actually coming into the dis trict to supply such ditches, canals and reservoirs. Whether such supply is on the increase or decrease. What ditches, canals and reservoirs are, at that time, without the proper supply and the probability as to what the sur ply will be during the period before the next report will be required. The territorial engineer must preserve such reports and from them ascertain what ditches and reservoirs are and what are not receiving their proper supply of water, and if 1t shall appear that any ditch is receiving water whose priority post dates that of the ditch, canal or reservoir in another district, he shall at once order such post-dated ditch shut down and the water given to the elder ditch or reservoir, as the case may be. His orders must direct at all times the en- forcement of the priority of appropria- tion.
 SEC. 8. The territorial engineer shall make or cause to be made careful measurements of the flow of the public streams of the territory from which water shall be diverted for beneficial purposes, and shall compute the dis charge of the same commencing such work upon those streams, that are most used for irrigation or other beneficial purposes. He shall investigate the possibilities of increasing from any source the supply of water and to this end he shall prepare maps showing the extent and character of the drainage basins of the streams of the territory, which shall be made pu blic record and file same with the county recorder in the county where such measurements were made. He shall superintend the division and apportIonments of the waters of any stream among the several ditches. canals or reservoirs claiming water therein, in accordance with the decrees of courts already of record, or which may hereafter be rem dered, establishing priority and extent of such claims and for this purpose he shall measure the flow at the head of any ditch, canal or reservoir and shall
 
 the quantities of water, which will pass down the same at various depths therein, and shall furnish copy of | such tabular data to the administrative officer of each ditch, canal or reservoir directly interested in the decree under which such work is performed. He shall also establish and maintain per- manent gauges at such points of meas urement, the same to be plainly marked in feet and fractions thereof, whereby the depth of water at any time, may be readily ascertained, so far as practica- ble, he shall perform similar service in | localities where judicial decrees may not be in force, but where the inter- ested parties may have entered into written agreements concerning the di- vision and apportionment of the water supply.
 SEC. g. The territorial irrigation en- gineer shall have the power to admin ister oaths and take acknowledgements and may have an official seal. He may also appoint an assistant engineer who may act for him. He shall keep in his office iull and proper records of his work, observations and calculations all of which shall be the property of the territory and shall be so stamped or marked as to plainly show such owner- | ship.
 SEC. 10. There shall be a territorial irrigation bo ard consisting of the terri torial irrigation engineer. as president. with the two water commissioners who shall have the power to hear and deter mlne any disputes between canal and reservoir companies and between canal or reservoir ompanies and the users of water subject to appeal to the district court.
 SEC. II. No person or persons shall construct dams across rivers or lay out main canals without having specified plans submitted to and approved by the territorial irrigation board.
 SEC. l2. Any person or persons in- tending to appropriate waters in this territory shall first make an application to the president of the hoard of irriga- tion to make such an appropriation Upon receipt of this application it shall be the duty of the irrigation engineer to make record of the same. If there is any unappropriated water in the source of supply named in the applca- tion the territorial engineer shall ap. prove the same by making endorsement thereon. make record of the same and return to the applicant, who shall then
 be authorized to proceed with such work necessary to affect his appropri
 ation. If there be no unappropriated water in the source of supply the en. gineer shall deny the application, but
 he may endorse 1t approved for less amount of water than the amount stated in the application. The priority of such appropriation shall date from the fiing of the application in the en.