Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1901-04-11

Judgment seltIe Cno relaClVo pflOfltleS
and rights Of all the parties to such
action. Where damages are claimed
for the wrongful diversion Of water in
any such action, the same may be as
sessed and apportioned by the jury in
their verdict, and judgment thereon
may be entered for or against one or
more of several plaintiffs, or for or
against one or more of several defend
ants, and may determine the ultimate
rights, of the parties between them
selves. In any action concerning joint
water rights, or joint rights in water
bitches, unless partitions of the same is
asked by parties to the action, the court
shall hear and determine such contro-
versy as if the same were several as
well as joint.
Sec. -. The register of deeds must
keep a wel-bound book in which he
must record the notice and declarations
provided for in this act, and he shall be
entitled to have and receive the same
fees as are now or hereafter may be
allowed by law for recording Instruments
entitled to be recorded.
Sec. IA. The measurement of water
appropriated under this act shall be con-
Quoted in the following manner: A box
or fume shall be constructed with a
Of six inches between the bottom OF the
box or hume and lower edge Of the
headgate, with slide to enter at one
side of and of sufficient widtl, to close
the opening left by the headgate, by
means OF which the dimensions of the
opening are to be adjusted. The box or
fume shall be placed level, and so ar.
ranged that the stream in passing
through the aperture is not obstructcd
by back water or an eddy below the gate;
but before entering the opening to be
measured the stream shall be brought
to an eddy, and shall stand three inches
on the headgate and above the top Of
the opening. The number of square
inches contained in the opening shall be
the measure Of inches of water.
Sec Is. The right to conduct water
from or over the land Of another for any
beneficial use, includes the right to
raise any water by means of dams,
reservoirs or entertainments to a sufli.
cient height to make the same available
any and all land necessary therefore,
may be acquired upon payment of Just
compensation IN the manner provided
by law for the taking of private prop
erty for public use; provided, further,
that if It is necessary to conduct the
water across the right of way of any
railroad, it shall be the duty Of the
owners of the ditch or fume to give
thirty days notice in writing to the
owner or owners of such railway of
| their intention to construct a ditch or
| hune across the right Of way of suci,
railroad and the point at which the said
ditch or t1ume will cross the railroad;
also the time when the construction Of
said ditch or tlume will be made. II
the owner or owners of such railroad or
their agents fail to appear and attend at
the time and place fixed in said notice,
it shall be lawful for the said owner or
owners OF the said flume or ditch to con-
struct the same across the right of way
of such railroad, without further notice
10 said owner or owners of the railroad
Sec. IL. ANY person who digs and
constructs bitches, dykes, fumes or
canals over or across any public roads or
highways, or VINO uses the waters of
such bitches, dykes, fumes or canals is
required to keep the same in good re-
pair ut such crossings or other places
where the water from any such bitches,
dy kes, fumes or canals may flow over,
or III anywise iDjure any roads or high
ways either by bridging or otherwise.
Sec. II. Any person offending against
the proceeding section, on conviction
| thereof shall pay for everv Offense a
fine Of not less than twenty-five dollars,
nor more than one hundred dollars,
with costs of prosecution. Oneha of
the fne shall BE- paid into the county
treasury for the benefit of the common
schools of the county in which the
ofense was committed. and the other
half shall be paid to the person inform
ing the nearest magistrate that such
ottense has been committed, who shall
issue a warrant upon the proper COM
plant being made.
Sec. IS. ANY person having the right
to use, sell or dispose of water, and en-
gagged in using, selling or disposing Of
the same, who has surplus of water,
and the right to sell and dispose of the
same, is required, upon the payment or
| tender by the person entitled thereto Of
All amount equal to the usual and GUS
tomary rates per inch, to convey and
deliver to the person such surplus Of
unsold water, or 50 much thereof for
which said payment or tender shall
have been made, and shall continue 80
to convey and deliver the same weekly
so long rs said surplus Of unused or uu-
sold water exists. and said payment or
tender he made rs aforesaid.
Sec. 10. ANY person desiring to avail
himself Of the preceding section must,
at his own cost and expense, construct
or dig the necessary fumes or bitches to
receive and convey the surplus water SO
desired by him, and pay or tender to
the person having the right to the
use, sale or disposal thereof. an amount
equal 10 the necessary cost and expense
OF tapping any gulch, stream. reservoir,
ditch, hume or aqueduct, and putting in
gates. guages or other proper and necs-
sary appliances useful and Gust omary in
such cases, and until the same shall be
SO done, the delivery of SAID surplus
water shall not be required Ms provided
in the preceding section.
Sec. ~. Any person constructing the
necessary bitches. aqueducts or fumes,
and making the payment or tenders
hereinbefore provided, is entitled to
the use Of so much of the SAID surplus
water rs said bitches, fumes or uqnducts
have the capacity to carry, and for
which payment or tender is made, and
may institute and maintain any appro-
pirate action at law or in equity for the
enforcement of such rights or recovery
OF damages arising from Il failure to de-
liver or wrongful diversion Of the same.
Sec. q. Nothing in the three preced-
ing sections shall be so constructed as to
give the person acquiring the right to
the use of wafer as therein provided,
the ri ght to sell or dispose of the same
after being so used by him, or prevent
the original owner or proprietor from
retaking, selling and dispoSing of the
same in the usual and customary man
ner. after it is SO used as aforesaid.
Sec. %. No person shall hereafter
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