Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-04-14
NEW IRRIGATION LAW.
NOW IN FORCE IN IDAHO.
All Farmers and Others should
Read it.

BE it enacted by the Legislature of the
State Of Idaho:
Section |. Any person or company
owning or controlling any ditch or canal
shall furnish water to any party or
parties owning or controlling any land
under such ditch or canal for irrigating
said land or for domestic purposes, upon
proper demand being made, and such
person or company shall, on or before
December LIST Of each year, publish, in
some newspaper Of general circulation
in the neighborhood covered bv its
canal, statement setting forth the
rates and terms to be charged for the
delivery of water from said canal during
the following irrigation season; together
with the regulations to govern such de-
livery, which said rates and terms shall
be subject to appeal to the district
court as provided by law: Provided,
There is any unsold water in such ditch
or canal; but in no case shall any person
or company contract to furnish more
water than said ditch or canal is cap
able OF carrying: Provided, also, That
no person or company shall contract to
deliver more water than such person o
company has title to by reason Of hav-
ing complied with the law in regard to
the appropriation of the public waters
OF this state. Any person or company
owning or controlling land which has or
has not been irrigated during any season
from any such canal, shall on or before
March lst Of the following year inform
the owner or proper official OF such canal
whether or not he desires the water
from said canal for the irrigation of land
during the succeeding season.
In distributing water from such canal
during any season, preference shall be
given to those applications fer water
for land irrigated from said canal during
the preceding season, and the surplus of
water, if any, shall be distributed TO
other lands in the numerical order ofthe
application for it. But no demand for
the purchase OF a perpetual water right
or contract fixing the annual charges or
quantity of water to be used per acre
shall be imposed as a condition prece-
dent to delivery of water annually as
provided in this act, but the option as
to whether perpetual water right or
such contract shall be purchased or
entered into or not shall rest with the
consumer of water.
Sec. 2. Any person, association, or
corporation delivering or distributing
water under any fixed annual charge or
rental shall provide the necessary gates
and measuring devices to render possible
and practicable measurement OF the
quantity of water being delivered to any
consumer or number OF consumers using
a common lateral or distributing ditch
and the price charged for the annual Ii e
OF the water SO distributed shall be in
proportion to the quantity of water
delivered for the work of such person.
association or corporation. Such meas.
uring devices shall be OF such a charac-
ter, and provided with such gauges or
scales, that the quantity of y alter being
delivered at any time can be ascertained
by inspection; and shall be OF, such
general plan as shall meet with the
approval OF the state engineer, who
shall inspect any such devices whele-
ever possible to ascertain their character
and he shall furnish such general inior.
nation and instructions to any consul
mer, or the master of any consumer, or
the watermaster of any number of CON
sumers of water, as may be necessary to
enable hin to ascertain the quantity of
water flowing through any such measur.
ing device; Provided, In any regularly
organized irrigation district a certain
charge may be established Tor certain
maximum quantity OF water per acre
tor watar SO delivered to any consumer.
out such consumer may demand and
shall receive water in excess of said
fixed maximum quantity per acre upon
paying the established rate of compep-
satlon therefor Provided, also, That
the land upon which the water is to be
used shall be described in the applica-
ton for the water: Provided further.
That this section shall not apply to the
delivery of water from such works dur
ing the irrigating season of 1897. All |
regulations made under the provisions
OF this section by any such person,
association or corporation delivering or
distributing water as Aforesaid shall be
published before December lst of each
year as in this act provided and shall be
subject to appeal to the district court as
provided by Law.
Sec. 8. It shall be the dntv Of nnu