The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1899-03-16
HOW RATES WILL BIZ FIXED
Commissioners Empowered to Establish
Them. Uncertainty as to the Appeal
Provisions-Pe Rights
Barred.

The principal irrigation bill passed
at the last session of the legislature
and signed by the governor, bears the
titles can act providing
for the appropriation and distribution
Of water; the condemnation Of lands
for canals, bitches and conduitsj en-
the board of couiity com
to establish maximum
rate for the use of water and repeal
ing all acts and parts Of acts in con-
hict with the provisions of this act. "
The new law specifies that a cubic
foot of water per second Of time shall
be the legal standard Of measurement
of water in this state, the measure
ment system supplanting the acreage
plan under which most Of the canals
have been operated The provisions
concerning appropriation Of water are
not essentially different from those
that have been in force for years.
Work of construction must be com
menced within 60 days after the water
location notice is posted and must be
diligently prosecuted to completion
The right to use of the water by one
failing to meet these requirements
will not stand as against subsequent
appropriation who performs the work
specified in the law. Within six
months after the approval of the act
all appropriations of water must file
with the county recorder statement
showing the amount Of water claimed,
when appropriated and for what pur-
pose.
Right of way is granted over oil
state lands, but the lands must first be
condemned. This provision will re-
quire all companies desiring such
rights of way to pay not less than $40
an acre for the land, the minimum
price for which the states holdings
can be disposed of.
The irrigation season commences
ON April ], 15 days earlier than un.
der the old law and extends unit
November !, 15 days later, and cana
companies are required under penalty
to maintain flow of water during
these months. Companies are pro
hibited from contracting to sell more
water than appropriated.
The law docs away with perpetua
rights in the following language
''No demand for the purchase of I
So called perpetual water right or an,
contract fixing the annual charges OF
the quantity Of water to be used pc
acre shall he imposed as a condition
precedent to the delivery of wate
annually as provided in this act; bu
the consumer of water shall be th
Judge Of the amount and the duty o
the water required for the irrigation
of bis land; and the annual charge
to be made and to be fixed under til
further provisions OF this act shal
!. hereafter be based upon the qnantit
of water delivered to consumers an,
shall not in any case depend upo
= the number of acres irrigated b,
) means of such amount Of water de
livered
The law requires the canals, head
gates, measuring devices, ETC., b
kept in good condition, and also re
e quires the building of substantii
e wooden bridges at all points wher
the canal intersects the public roaC
In case Of neglect or refusal to do S
the county commissioners shall pre-
I ceed, after 10 days notice shall hay
0 been given, 10 build the bridge {
0 bridges and collect the cost from th
company by suit The compan
must keep all such bridges in repai
however.
TO FIX THE RATES.
The county commissioners are en-
powered, when the proper shown
Z by affidavit is made, to fix maximui
n rates to be charged for water.
d the commissioners find the applies
ton is made in good faith they sha
o fix day, not sooner than 10 da,
nor later than 20 days thereafte
y when all parties interested shall
e heard.
o At such date the parties in intere
may appear by themselves or the
agents and the commissioners sh,
- proceed to take action in the matt
"a of fixing rates. II the application
"a made by parties desiring to procu
q water they shall cause copy of t
ae order to be served upon the owner
- the ditch or canal If the owner ca
not be found the copy shall be left
ed the usual place of business of
IS, owner. If the canal is owned by
at number of individuals, notice sh
be served upon majority of the
If the applicant be the owner of
@. ditch notice must he given by post