Omaha daily bee., 1895-08-22
RULES FOR IRRIGATION woRKEps.
state Hoard Makes Public Some Data
of Peculiar Interest.

ing are the resolutions passed by the State
Board Of Irrigation at the meeting held yes
terday at the rooms of the secretary, Il. b.
Howell:
30 1t hereby resolved. That the Gdjudi-
cation of the rights claimed to the use Of
the public waters of the state for irrigation
and other useful purposes, as provided by
the irrigation law approved April 4, 1885,
shall be conducted by watersheds of the
state. as defined by the state engineer and
secretary of this board. .
The first adjudications of the rights of
claimants shall be conducted for the pur-
pose OF determining the validity of claims
the land or territory covered, in the case of
irrigation canals; the date when works
must be completed, in the case of uncom-
pleted canals. and the time within which
the water claimed must be applied TO the
beneficial use for which II Is appropriated.
Such adjudications within any watershed
of the state shall beNpreceded by hearings
to be held IN each county, comprising such
watershed. wherein notices of appropriation
were recorded previously to April 4, 1895
provided that the hearings for two or more
counties may be held at the same time and
place If the secretary Of this board deems
expedient.
Said hearings shall be held for the pur-
pose of receiving testimony offered by par
ties in interest, in support of rights claimed,
and shall be presided over by the secretary,
%retaries of this board, who shall keep a
complete record of the proceedings thereof.
An evidence, whether oral or in the form
of dispositions, shall be submitted in type
written form. If oral. II shall be taken down
and transcribed at the expense of the claim
ant Offering the same.
The number of witnesses upon any one
point may be limited by the officer conduct
ing the hearing, provided that in the case
OF controversy an equal number shall be
heard upon both sides.
Claimants may appear in person or by
attorney, but, appearance must be made on
the day or days specified for the hearing
for the county within which the claim is
located. Claimants having filed with the
secretary of this board, ten days previous
to date OF first hearing announced. claim
aftidavits in the form prescribed. and en-
titled claim for the waters of the state of
Nebraska need not appear at said hearings
unless they wish to offer additional testi-
mony in support of their claims.
attorneys, together with the authorities
cited in support of the same, must be sub
United in typewriter form, The record in
First, the original notice filed with county
clerk; second, a claim affidavit signed and
verified: third, additional testimony offered
at the hearing in support of the claim
fourth, points of law, and authorities cited
in support of same, submitted in writing
will be reviewed by the board only upon
exceptions taken at the time of hearing and
determination
The secretary of this board shall mail
to the postofiice address of each claimant
of record, at least ten days before the date
of the first hearing announced, a copy of
this resolution, together with a notice of
the dates and places of hearings to be held
within the watershed to be adjudicated.
To all claimant for water privileges the
following circular is being sent, giving dates
at which hearings will be held in the various
Districts:
Notice is hereby given that the hear
ings. in the matter of adjudication of the
to April 4, 1895, within the watershed Of
the Republican river in Nebraska. will be
he'd, for the several counties included
therein, by an officer of the State Board OF
Irrigation at 8 o'clock in the forenoon al
the places, and upon the dates indicated, as
For Chase county, September 2, at office
Of county clerk, Imperial. For Hayes and
of county clerk, Culbertson, For Dundy
county; September Z at office Of county
low and ds'i F1rnas COUNTIES. '2sR epteimb fsGn O., "a al
office of w. H. Failing, Cambridge. Foi
Franklin county, September 10, at office OF
county clerk, Bloomington. Dated Lin,
coin, Neb., August %, 1895. State Board OF
Irrigation. r. b. HOWELL,
State Engineer, Secretary.
AS there are quite a number of applicants
for water privileges who are not thoroughly
versed in the law passed by the last ses.
SIGN of the legislature, the following circu
lar is being mailed to such applicants whC
write for regarding their re
spective claims: son
lowing resolution passed by the State Boar,
Of Irrigation at its last meeting, to-wit:
for permits to appropriate the waters o
the state shall not be granted until tn,
duIuulCdllOn u tne streams from WnlCf
waters are now utilized has proceeded t.
such a point that this board may deem
itself justified in granting the same.
The adjudication of the rights of claim
ants to the water of the various stream
Of the state having not yet progressed t
that point where 1t is possible to deter
mine whether there still remains un
appropriated water in a particular stream
therefore no permits can be granted a
present, and. in all probability, not TO
some time to come. However. 1t is no
likely that, it is within the power of tn
state board to prevent individuals or cor
porations, whose applications have bee
received, but not granted, from constructing
contemplated bitches, If they determin
so to do, notwithstanding the fact tina
their applications have not been acted upon
nor Will the mere act of construction with
out permission be likely to prejudice thei
interests, or in any manner affect the ulti
mate action of the board. 1t must be re
membered, however, that upon final adjudi
cation, prior appropriations may be entitle
to all of the water a stream affords, |
which case canals built under the circum
stances in question, would prove of littl
benefit to their projectors; but it Shout
be remembered. also, that this was eN
actly the situation previous to the passag
of the present law. II. b. HOWELL,
State Engineer, Secretary.