The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-12
IRRIGATION LAW
IN EFFECT TO-DAY
The New Statute is Now in Full
Force.
WATER RULES ARE CHANGED
REGULATIONS FOR MAKING AP-
PRoPRIATIoNs FROM STREAM.


Office of the state engineer. Persons
desiring to appropriate water must Sc
cure blanks from State Engineer A. F.
Doremus and make their applications
to him When he approves them, they
viii be given title after the other re-
quirements are complied with. Inc
blanks are now ready and can be OBJ
tanned by applying to the state engineer
in the Mccormick building That por-
ton Of the law relating to the appro-
priatiOn Of water is as follows;
Sec 24-Rights to the use Of any OF the
unappropriated water in the state may
be acquired by appropriation, in the man
uer hereinafter provided, and not other-
wise. The appropriation must be Ior
some useful or beneficial purpose, and, as
between appropriations, the one first in
time shall be first in right.
Sec. S5--Any person, corporation or as
ISOLATION, to hereafter acquire the Tlght
to the use of any public water in the
state Of Utah, shall. before commencing
the construction, enlargement or extern
sion of any ditch. canal or other dlslrlD-
uting works, or performing similar work
tending to acquire the said right or ap-
preparation, make an application in writ
ing to the state engineer, which shall in
clude map, profile and drawings, as
hereinafter provided Such application
shall be upon a blank to be furnished by
the state engineer, and shall set forth the
name and pOstOffiee address OF the per-
son, corporation OF association making
; the application; the natvTe OF the pro-
intended; the flow per second of water to
be used, and the time during which 1t IS
TO be used each year; the name of the
stream or other source from which the
water is to be diverted; the place on such
stream or source where the water is to
be diverted, and the nature OF the divert
ting works; and the dimensions, grade,
shape and nature of the proposed divert
/ ing channel; and such other facts as viii
clearly define the full purpose OF the
proposed appropriation.
What Must Be Shown.
If the proposed use is for irrigation. the
application shall show, in addition to the
above required facts, the legal subdtVl-
siOns of land proposed to be irrigated,
with the total area thereof, and the CHAR
/ acter of the soil
If the proposed use is for developing
I power, the application shall show, IN ao-
l ditiOn to the above required facts, the
number, size and kind of water wheels to
! be employed; the head under which each
| wheel is to be operated; the extent or the
/ power to be produced, and the purposes
! for which and the places where it is to
I be used; also. the point where the water
( source.
/ If the proposed use is for mining, the
| application shall show, in addition to the
] above required facts, the name of the
/ mine and the mining district in which it
I is situated; the nature OF the material
I mined, and the place where the water is
( to be returned to the natural stream or
/ Sec. 86.-On receipt of said application,
.
/ neer to make an Endorsement thereon OF
the date of its receipt, and to make a
! record Of such receipt in a book in MS
I office kept for that purpose. 1t shall be
Z his duty TO examine said application and
{ ascertain if 1t sets forth all the above re-
/ quired facts, and if not, he shall return
the same for correction The date of such
> return. with the reasons therefor, shall
/ be indOrsed on the application, and a
] record made thereof in the book kept for
I recording receipts of applications. Like
entries shall be made of the date Of the
return Of all corrected applications, ane
/ of the date Of the refusal and return OF
/ rejected applications
Must Be Published.
/ Sec. S7.-If not corrected as required, no
J further proceedings shall be had on SUCH
; application, but when filed in compliance
/ whit this act, the state engineer shall at
! once, at the expense of the applicant, TO
/ be paid in advance. publish in some news
/ paper having a general circulation within
/ the boundaries of the river system or
/ water source from which said appropria-
] ton IS to be made, notice OF the ap-
! piicatiOn, showing by whom made; the
/ quantity of water sought to be apprO~
I priated; the stream from which the an
J preparation is to be made, and at what
/ point on the stream; the use for which
1 it is TO be appropriated and by what
( means; which notice shall be published as
| often as such paper is issued. for thirty
Sec. SS.-Any person, corporation or as
] sociation interested may, at any time
l within thirty days after the completion
( OF the publication of said notice, file with
the state engineer a written protest
1 against the granting Of said application,
stating the reasons therefor, which Shall
be duly considered by said engineer. He
may, in his discretion, hear evidence IN
support of or against Such applicatloh'
and shall take such action thereon as he
may deem proper and just
Sec. 39--AH applications which shall
I conDIv with the provisions of this act
and with the regulations of the state en-
gineers office. shall be filed and recorded
! in a suitable book kept for that purpose
and it shall be the duty of said engineer
to approve all applications made in proper
form, where the proposed use will not i'm
pair the value of existing rights, or De
| otherwise detrimental to the public VEL
fare. But, where there is no unappropri-
ated >Water in the proposed source OF
supply, or where the proposed use VIII
conflict with existing rights, or threatens
to prove detrimental to the public inter
est, IL shall be the duty of the state en-
gineer to reject such application
Sec. 40. The approval or rejection OF
an application shall be endorsed there
on and a record made Of such endorse
application. so endorsed. sh be returned
to the applicant If app the appll
cant shall be autho' Jon recelp
thereof, 20 proceed WI CONSTRUCTION
of the necessary won. to take al
steps required to apply water to th'
use named in the apple 3n and to per
! feet the proposed apprF dation- If the
| application is rejected sthe applicant
| shall take no steps toward the prosecu
I
! version and use of the public water. 81
long as such rejection shall continue IL
! force.
Guard Public Interests.
Sec. Al. Before either approving re
jecting an application, the state enginee
may require such additional information
| as will enable him to properly guar
the public interests. and may require
statement of the following facts: II
case of incorporated companies, he ma!
require the submission OF the articles @
. incorporation; the names mad places o
residence of its directors and officers
! and the amount of its authorized and it
; paid up capital If the applicant is no
; an Incorporated company, he may re
quire a showing as to the name or name
! Of the party or parties proposing L
= make the appropriation, and showing
= of facts necessary to enable him to de
termine whether or not they have tn
: financial ability to carry out the pro
posed work. and whether or not tn
said application has been made in goo
! faith.
Sec ~. In his endorsement of approve
on any application, the state enginee
shall require that actual constructor
work must begin within ninety days frOr
the date Of such approval. and that tn
/ construction OF the proposed 1rr1gatfo
works shall be completed within perio
of five years from the date of sue
/ approval he may limit the applicant [
3 / a less period for the completion of tn
work and the perfection of the right. tn
Z state engineer shall have authority, 70
good cause shown, TO extend the tim