The Lafayette gazette. [volume] (Lafayette, La.) 1893-1921, 1900-06-23

III. puohsS lFrannAssn nh.
lnana RSpos Cesssap aaasas Daily States:
Altsr many delays Mr.. Push of
Acadia eaellys lneroduesa - the
Horse laet niGAs hie I'm regnlating
ne irsigatiea eaeals - tie Seate.
TIE bin declases thas sAs use 81 all
water l. bayoas, lakes and rivers in
this State tor the purpose OF irriga-
tion 10 . public use. and . right to
collect rates or compensation for
the use of such water 10 franchise.
Hereafter NO greater rate shall be
charged for the rental, sale. or dis
sribution of water for the purpose
Of irrigation than one-6fth of the
crop, or three dollars per acre when
money 10 demanded. Suppliers Of
water shall be compelled to sell.
rent or distribute it to such persons
cultivating land within three miles
of their main canal or laterais as
offer to comply with the usual terms
and conditions imposed by the sup
pliers (such water to be furnished to
the extent of the actual supply of
the person, association or corpora
ton distributing it), or as shall make
a cash tender of the maximum price
per acre for the number of acres to
be watered. Wherever there is a
charge in excess of the maximum
allowed in the bill, the person over
charged shall be entitled to recover
the rate SO collected, together with
the actual damages sustained and
attorneys fees, to be fixed by the
court. Where a suppller of water
fails or refuses within ten days to
furnish il, under the conditions i'm
posed by the bill, the person ag-
grieved shall have the right to claim
damages, without the necessity of
showing more than the mere proof
of the demand or tender, and rea-
sonable attorneys fees. IF sup
plier fails to furnish a sufficient
quantity of water required for the
crop and a contrac: has been made
the supplier shall be liable in dam
ages for failure to comply with the
contract, and no putting in default
shall be necessary, but damages can
be used for and recovered without
such legal tormality. together with
reasonable attorneys fees, and the
failure to supply sufficient water
shall be pr;ma facie evidence of
negligence on the part of the sup
plie7. Other provisions of the bill
are as follow:
Sec 6. Be it further enacted, ETC., No.
contract between the supplier and user of
water shall give to the supplier of water
a right to Judge when the water is to be
supplied, or the quantity thereof; nor shall
any contract contain a stipulation requiring
notice in writing of the demand for water.
or the number Of days aforesaid water shall
be delivered, nor shall the suPPliers of
water be permitted to select their share of
the crop from the total gathered, but shall
he compelled to receive proportionately
their share of the crop, whether good or
bad
Sec. ?. That any corporation organized
for the purpose of irrigating the lands of
others failing or refusing to supply water to
the extent of its ability SO to do to any one,
under the terms of Section 3, with whom
it has contracted to furnish water, or viola
ting any of the other provisions hereof, shall
forfeit its charter and the district attorney
in said district where the corporation is
domiciled shall, upon the relation of not
less than five interested parties, bring suit
to forfeit same; and upon proof of said
charges the charter shall be annulled, its
property sold by the court, and ten per cent
of the proceeds shall go to the district at
torney for his fees, and fifteen per cent to
the school board; the balance to be returned
to the stockholders.
Sec. 8. No person, association, company
or corporation engaged in supplying water
to others shall first irrigate its own land or
lands belonging to the individual stockh old
or members of said company or assocla-
ton to the exclusion of the property of
other parties with whom contracts have been
made, but the water shall be fairly and i'm
partially distributed upon the lands of all.
Sec. 9. That no person, company, asso-
citation or corporation selling, renting or dis
tributing water for irrigation shall be per-
mitted to exercise any control as to the use
of the water after its delivery to the vendee,
lessee distributee of such water.
Sec. 10. That the provisions of this act
shall in no manner effect or impair the rights
of riparian proprietors or other persons fol-
the of waters now secured to them by
existing laws.
MIR. Sontag, SOlOist.
In the last number of Harlequin
Stede Bonnet pays the following
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