Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1901-04-11
Water Rights for Irrigation.
An Act Regulating Water Rights fo1
Irrigation Purposes.

An Act Regulating Water Rights for
Irrigation Purposes.
Section l.. The right to the use frun-
ming water flowing in the rivers, streams,
canyons and ravines Of this state, may
be acquired by Appropriation.
Sec. 2. The appropriation must be
for some useful or beneficial! purpose,
and when the appropriation or his sue
cessor in interest, abandOns and ceases
to use the water for such purpose the
right ceases but questions of abandon.
ment shall be questions of fact, and
shall he determined as other questions
of fact.
Sec. 3. The person entitled to the
diversion. if others are not thereby in
iured, and may extend the ditch, fume,
pipe or aqueduct, by which the diver
sion is made, to any place other than
where the irst use was made, and may
use the water for other purposes than
that for which it was originally appro-
priated.
Sec. 4. The water appropriated may
be turned into the channel Of another
stream and mingled with its waters, and
then be reclaimed; but. in reclaining it.,
waters already appropriated by another
must not be- diminished in quantity or
deteriorted in quality.
Sec 5. In all cases where, by virtue
of prior appropriation. any person may
have diverted all the water Of any
stream. or to such an extent that there
shall not be an amount sufficient left
therein for those having subseque mt
right to the waters of such stream, and
there shall at any time be surplus OF
water 80 diverted over and above what
is actually used by the prior appropria-
tor, such person shall be required to
turn and cause to flow back into the
stream such surplus water, and upon
failure so to do within five days after
demand being made upon him in writ
ing by any person having a right to the
use OF such surplus water, the person 90
diverting the same shall be liable to the
person aggrieved thereby in the sum Of
twenty-five dollars for each and every
dav such water shall be withheld after
such notice; to be recovered by a civil
action by any person having a right to
the use of such surplus water.
Sec. 6. As between appropriations the
one first in time is first in right.
Sec. I. Any persons hereafter desiring
to appropriate water must post notice
in writing in a conspicuous place at the
point Of intended diversion. stating
therein:
First. The number Of inches claimed,
measured as hereinafter provided.
Second. The purpose for which it is
claimed and place Of Intended use.
Third. The means Of diversion, with
size Of tlume, ditch, pipe, or aqueduct
bv which he intends TO divert it.
Fourth. Tho date Of appropriation.
Fifth. The name of the appropriator.
Within twenty days after the date of
appropriation the appropriation shall lie
with the register o: deeds of the county,
III which such appropriation is made a
notice of appropriation, which in ad-
dition to the fact required to be stated
in the posted notice, rs hereinbefore
prescribed, shall contain the name of
the stream from which the diversion is
made, il such stream have name, and
il it have not, such description of the
stream las will identify lt,and an accurate
description Of the point of diversion on
such stream, with reference to some
natural object or permanent monumen mt.
The notice shall be- verified by the
affidavit of the appropriation, or some
one in his behalf, which affidavit must
state that the matters and that the facts
contained in the notice are true.
Sec. 8. Within forty days after post
ing such notice the appropriation must
proceed to prosecute the excavation or
construction of the work by which the
water appropriated is to be diverted,
and must prosecute the same with
reasonable diligence to completion. II
the ditch or hulne, when constructed, is
inadequate to convey the amount of
water claimed in the notice aforesaid,
the excess claimed above the capacity
Of the ditch or hume shall be subject to
appropriation by any other person. in
accordance with the provisions of this
title.
Sec. 8. A failure to comply with the
provisions of this title deprives the ap-
proprietor Of the right to the use of
water az against subsequent claimant
who complies there with. but by comply
ing with the provisions Of this title, the
right to the use Of the water shall relate
back to date Of posting notice.
Sec. 10. Persons who have hereto
fore acquired rights to the use of water
shall, within six months after the publ-
cation of this title, file in the office of
the register of deeds Of the county in
which the water right is situated,
declaration in writing, except notice be
already given of record as required bv
this title, or a declaration in writing be
already filed rs required bv this section,
containing the same facts as required in
this notice provided for record in Sec
ton Of this title and verified as re-
CURED in said last mentioned section, in
cases OF notice of appropriation of water;
provided, that 4 failure to comply with
the requirements ofthis section shall in
no wise work forfeiture OF such here.
tofore acquired rights, or prevent any
such claimant from establishing such
rights in the courts.
Sec. II. The record provided for in
section and 10 of this act when duly
made, shall be taken and received in all
courts of this state as prima facie evi.
dence OF the statements therein con-
tanned.