The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-28

Representative W. o. Greer of Utah
county has prepared an irrigation bill,
which viii be introduced in the lower
house today. 1t is a measure of great
Importance 10 almost every section of
the state, and its provisions should be
carefully examined by all Eho are in
terested in this subject Mr. Greer
desires suggestions and advice concern
ing any changes that may be consid-
cred desira BILE
TEXT OF THE BILL.
The text of the bill is as follows:
An act providing fo- the appointment of a
state engineer, county water commits
sioners, dividing the counties of the
state into irrigation districts. and pro-
Vlding the manner of obtaining rights
Utah.
Be it enacted by the legislature of the
state of Utah:
Sec 1. All prior lawful rights to the
use OF any of the waters of this state
are hereby recognized and confirmed.
Sec z All persons, corporations or as
Soc.atlonS who have appropriated any of
the waters of this state, for agricultural
or other useful or beneficial purpose or
who may hereafter appropriate any of
the waters of this state for agricultural or
other useful or beneficial purpose, from
any of the streams springs or lakes with
IL the state. until all of the said waters
shall have been diverted from said
streams. springs or lakes, when at their
average flow or low water mark, shall
be deemed to be equal in rights TO the
said waters according to their several in
tereSts.
Sec. 3. The rights to the use of any
of the unappropriated waters of the state
may be acquired by appropriation and
use.
Sec 4 The right to divert hereafter
any of the unappropriated waters of the
state for irrigation or other useful or
beneficial purpose shall never be denied,
unless such diversion shall be detrimen-
tai to the interest of the state or to prior
owners.
Sec. ). The manner of measuring water
in th:s state shall be by what is known
as the Weir principle whenever Dracti-
cable.
CANAL GATES.
Sec. 6. Where two or more corpora
tons, associations or persons take water
from the same stream, but in different
localities, they shall place gate in each
of their canals as follows: At least so
feet above their Weir board; said cate
shall have "A smooth lumber floor and
sides and be one-third wider than the
space where the water falls over the
Weir board. The width of the Weir
cate shall be according to their several
interests. and in each case the water at
thu Weir gate shall he brought to the
same depth And all gates constructed and
used for the diverting and measuring of
water shall be under the control OF the
district water commissioner.
Sec. Z. The amount of water allowed
for irrigation purposes shall be 2.5 of a
square inch per acre for all established
rights to the use of water Measure
ments to be made on the Weir board. and
TIE water for 80 feet above the Weir
board shall be gagged to run three
fourths of a foot per second.
IRRIGATION DISTRICTS.
Sec s. The county commissioners of
TIE several counties of this state shall
divide their counties into irrigation dis
tr.cts Each main stream of cater with
SIS tributaries that rises in and is useds
IL the same county, shall constitute one
irrigation district.
missioner Tor each irrigation district ap-
pointed in the following manner; The
owners of the waters in each district snail
recommend one or more persons to the
county commissioners. to be appointed by
said county commissioners, as. district
commissioner The term of Office of the
district commissioner shall be one year
and until his successor shall be APP
pointed and qualified; before entering
upon the duties of his Office he shall take
and subscribe an oath Of office, and give
q bond with good and sufficient Sureties,
to be approved by the county commission
e-s. in the penal sum of $1,000. payable
to tie county in which his district shall
be located. Said oath of Office and bond
conditioned for the faithful performance
OF TIE duties of his office. Said bond
shall be filed with the county clerk and
any person injured by any official act of
the district commissioner may sue them
j. his own name.
Sec. TO-. The duties of the district COM
n ;sS!oner shall be TO ascertain and re-
cord the amount of water in his district
during the season of high, medium and
low water: to ascertain the claims to the
use of water of all companies. corpora
tons or individuals within his district,
and to oversee the dividing of the said
waters to said claimants during the irri-
cation season while he is in once. And
he shall report his official duties to the
county commissioners on or before the
Goth day of November of each and every
year. or oftener if required by said
county commissioners: and 1t shall be the
duty of the county commissioners to re-
port their official doings in these matters
TO the state engineer on or before the Goth
day of December in each and every year,
or oftener if required by said state en-
eineer.
Sec. II. The compensation of district
commissioners shall be 50 per day for
time actually spent by him in the dis
charge of his official duties; said services
shall be paid by the parties interested in
to their interests.
APPROPRIATION OF WATER.
Sec. u. Whenever any corporation. as
ISOLATION or individual desires and in
tends to appropriate any of the unappro-
priated waters of the state for irrigation
or other useful purposes, nc or they shall
first make application in writing to the
county commissioners, for the right to
so appropriate and divert said waters
from the natural channel; said applica-
ton shall state the place of diversion,
the amount of water he wishes to divert
and the amount and location of the land
which intends
Any person, corporation or association
failing to comply with the provisions of
this section. when divertinS any of said
waters, shall be guilty of
a misdemearor, and liable for ali dam
ages and losses caused by such unlawful
OF said waters, and when
it shall appear to the satisfaction of the
county commissioners, that the waters
applied for has not been appropriated by
other persons they shall cause said aD-
Dlication to be published in some news
paper having general circulation in the
county where the place of the proposed
diversion of said waters is located for
at least 80 days. And if at the expiration
Of so days after the first publication of
such notice. no objections to such diver
sion are filed with said county commits
SionerS. and II shall appear TO the salts
faction of the county commissioners that
no injury or damage will be done to
other persons, corporations or asSocla-
tons then said county commissioners
shall grant the Application, and the ap-
plicants may proceed to construct a
means for the diverting of the unapDro-
Driated waters applied for. All expenses
incurred in the consideration of such APP
plication. together with the cost of the
publication of the notice mentioned in
this section shall be paid into the county
treasury of the county where the apoli-
cation is made, by the party or parties
the estimate of the county commissioners.
Sec. 49, All corporations. companies or