The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1895-11-14
Water Right Law.

Inc following, complled from
the civil code of Montana, will be
found interesting to large num-
ber of people in Montana
The right to the use of running
water flowing in the rivers,
streams, canyons and ravines of
this state, may be acquired by
appropriation.
The appropriation must be for
some useful or beneficial purpose,
and when the appropriation or
his successor in interest abandons
and ceases to use the water for
such purpose the right ceases.
but questions of abandonment
shall be questions of fact, and
shall be determined as other ques
tions of fact.
The person entitled to The use
of water may change the place of
diversion, if others are not there
by injured, and may extend the
ditch, flume, pipe or acqueduct,
by which the diversion is made,
to any place other than where the
first use was made, and may use
the water for other purposes than
that for which it was originally
appropriated.
The water appropriated may be
turned into the channel of another
stream and mingled with its waters
and then be reclaimed; but, in re-
claiming it, water already appro.
priated by another must not be
diminished in quantity or deterio-
rated in quality.
In all cases where, by virtue ol
prior appropriation, any person
may have diverted all the water OF
any stream, or to such an extenl
that there shall not be an amount
sufficient left therein for those
having a subsequent right to the
waters of such stream, and there
shall at any time be surplus O.
water so diverted, over and above
what is actually used by the prior
appropriation, such person shall be
required to turn and TO cause te
flow back into the stream, such
surplus water, and upon failure te
do so, within five days after de,
mand being made upon him ii
writing by any person having the
right to the use of such surplus
water, the person so diverting the
same, shall be liable to the person
aggrieved thereby in the sum o.
twenty-five dollars for each and
every day such water shall bt
withheld after such notice; to be
recover ed by civil action by any
person having right to the use O.
such surplus water.
AS between appropriations the
one who is first in time is first ir
right.
Any person hereafter desiring
to appropriate water must pos
a notice in writing in a con.
spicuous place at the point o
intended diversion, stating there.
in:
l. The number of inches claimet
measured as hereinafter provided
2. The purpose for which it il
claimed, and place of intended use
3. The means of diversion, will
size of flume, ditch, pipe or acque
duct, by which he intends to di
vert it.
4. The date of appropriation.
5. The name of the appropria
tor.
Within twenty days after tn
date of appropriation the appro
priator shall file with the count
clerk of the county in which sue
appropriation is made, a notice c
appropriation, which in additio
to the facts REQ uired to be state
in the posted notice, as herein
before prescribed, shall contai
the name of the stream frol
which the diversion is made
such stream have a name, and
it have not, such description {
the stream as will identify it, an
an accurate description of tt
point of diversion on such scream
with reference to some natur
object or permanent monumen
The notice shall be verified by IL