The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-28
the distribution of said water, according
TO their several interests.
TRANSFER OF RIGHTS


70 the parties controlling the canals or
bitches from which and TO which he or
they may wish such transfer to be made;
upon receipt of such application, the said
parties having control of said canals or
bitches shall within ten days thereafter.
notify the owners or stockholders of said
canals or bitches, that a meeting will be
held not less than five days after the
date of said notice, for the purpose of
considering and acting upon said aDDli-
cation; and if after due consideration by
the owners or stockholders, it shall be
decided and agreed by two-thirds vote
of the stock of the company not 10 grant
the application, and allow such transfer
to be made, the application shall be
deemed to be granted, and such transfer
shall be mace
Sec. 16. All lawful established rights to
the use of any of the waters of this state
shall be held as personal property and
may be sold and transferred as such.
RIGHT OF WAY.
Sec. II. Whenever any person, party,
corporation or association shall require a
right of way to conduct any of the I'M
appropriated waters of the state to their
lands and where no opportunity exists for
such right of way, except through a
canal or ditch that has been constructed
corporation or association desiring a
right of way for said unapproDriated
water. shall make application in writing
to the owners of such canal or ditch
through which he or they may desire d
right of way, setting forth their desires
and showing that it is impossible TO OBJ
tain a right of way from any other
source without excessive EXPENSE; and
upon such application being made. the
right of way shall not be denied; pro-
vided: That the applicants shall bind
themselves to do and perform the neces-
sary labor for the enlargement OF Such
canal or ditch sufficient to convey the
said unappropriated waters through said
canal or ditch and TO pay to the said
owners of such canal or ditch, a oro2eI'
portion of the expense already incurred
in the construction Of the means OF d.
verting the waters of the stream ard
also to pay their proportion hereafter OF
the expense of Keeping the dam and cana |
or ditch in repair; the enlargement of
said canal or ditch shall not be permitted
during the time that the original owners
may require the use of said canal or
ditch to convey the waters to their lands
or if said canal or ditch is owned by any
individual or corporation engaged IN a
manufacturing enterprise or other useful
purpose. said enlargement shall not be
permitted during the time said canal or
ditch may be required for the conducting
of their business without their consent
Sec. IS. Whenever a right of way mas
been established and maintained 1t shall
be unlawful for any person TO remove or
destroy such right of way or to change
its location without the consent of the
person or party having such rlght OF
way: any person violating the provisions
a misdemeanor and shall be liable in dam
ages to the party injured.
Sec. 10. Any person who shall take or
use more water than has been allotted 10
him by proper officer shall be deemed
guilty of a misdemeanOr and Shall be
liable in damages to any corporation.
company or Individual injured by such
unlawful taking.
BOARD OF ARBITRATION.
Sec 90 All disputes that shall arise
in regard to water rights. or the con-
trolling thereof of such water rights,
shall be first heard before board of
arbitration consisting of three district
commissioners appointed by the county
commissioners of the county where such
dispute arises: in case of either party TO
the dispute feeling aggrieved at the de-
cision of such board of arbitration Such
party shall be entitled to hearing IN
the courts The fees of such arbitratorS
shall be paid by the party against Whom
the decision is rendered. and the fees of
witnesses appearing and testifylng IN the
case shall be the same as allowed IN
justices courts
Sec 81 All corporations. companies
and individuals shall be responsible for
all damages caused by the overflow of
the waters of their canals or waste
waters, unless such overflow shaH pc
caused by q sudden or excessive flow or
water in the source of supply caused by
q freShet or otherwise.
Sec p All corporations companies
and individuals shall have the necessary
right of way along their respective canals
or bitches for the purpose OF repairing
and cleaning said canals or bitches. sub
ject always to the property rights OF the
owners of the land through which such
canals or bitches are located
Sec. 90 Whenever any corporation.
or individual has the right OF
way for canals or bitches. 1t shall be
obstruction by fence or otherwise along
or across such canals or bitches without
providing gates sufficient for the passage
of the owners or agents of such canals
or bitches.
Sec. "a. All springs and lakes below
the water shed leading TO any main
stream of water within this state are
hereby declared t" be tributary to such
main stream.
See. %. When two or more counties
are Interested in the waters of stream
said stream shall be controlled as pc"
agreement between said counties in ac-
cordance with their established rights 10
the waters Of the stream.
Sec. o. All rights to the use of any OF
the waters of the state that have been
established by law. or that may
hereafter be so established. shall be re-
corded in the county records OF water
rights of the county in which such
waters are located. within six months
after such rights have been established.
Provided: That all water rights hereto
fore established shall be recorded Witmh
six months after the passage of this act.
STATE ENGINEER.
Sec. o.. There shall be appointed by
the governor OF the state by and win
the consent of the senate. al cach regular
session of the state leglslasure, d s'a t
engineer whose term of office snail De
two years and until his successor sAall
De appointed and qualified No person
shall be appointed TO such office unless
ne shall be known to possess a theoretl-
al and practical knowledge of hydraulic
engineering and of the irrigation system
IN the state of Utah. The governor OF
the state of Utah. may. FOR good ana
sufficient cause. remove from office sald
state engineer, and in case of such re-
nOval or the death of such officer or
other cause. the governor may a2ooint
another person to fill the meXDired
antering upon the duties of his
office the state engineer shall take ana
subscribe an oath of office and give a
pond with good and sufficient sureues 10
10 apDrOved by the governor of the state,
n the penal sum of 5000 payable TO the
1eoole of the state of Utah; said oath OF
oaice and bond shall be filed with the
secretary of the state OF Utahi Salu Odth
If Office and bond shall be conditioned for
re faithful discharge of the duties OF
MS office and for the delivering of all
books, records, property ana equipments
n his hands or control belonging 10 the
state at the expiration of his term OF
office to his successor. Said state en-
yineer shall nave his Office at the state
saoitol in a room or rooms to be pro
7ided by the secretary of state; all BOOKS
,ecords and equipments necessary for the
performance of the duties of the office
IF said state engineer shall be furnished
~ the state, subject to the approval and
orders of the board of examiners. Inc
nm to be expended for such books. rec
,rds and equipments shall not exceed
800 per year for the first two years. The
tate engineer. salary of s. per day for
ime actually spent in the discharge of his
hi anr1fl1
tate treasurer, upon orders drawn by the
state auditor. together with his actual