The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1903-02-04
STATE IRRIGATION COMMITTEE
DRAFTS LEGISLATIVE BILL.
Some of the Provisions Are Good,
Others Smack of MonOpoly---
Read 1t.

ed its labors. The bill prepared by the
committee is favored in it's entirety by
some, while by Others it is severely crit
icised. That HERALD readers may Judge
for themselves of the merits or dement's
of the proposed measure, its sections
are herewith published in full:
Be it enacted by the legislature of the
State OF Washington:
SECTION l. For irrigation, mining or
manufacturing purposes, or for supply
ing cities, towns and villages with
water, or for waterworks or for other
beneficial use, the surplus water of this
state may be appropriated and en-
pounded by any person, association cor
poration or municipality of this state,
or by the United States, and held in any
lake, pond, stream, river, draw coulee
ravine, or other suitable place, and
the person or party so empoundins
and holding the same shall have the
beneficial use thereof at such place or
places as is deemed best by the appro-
priator, ann use, rent and sell the same
and the water so empounded may be
conveyed in and along the channels of
any river, stream. ravine, run or draw
in this state, but not so as to raise the
water thereof above ordinary high water
mark
Sec. 2. Surplus water, within the
meaning of this act, shall be such water
as is allowed to run to waste during
floods or high waters and daring those
portions of the year when water in the
arid or St mi-arid sections of this state
are not required for irrigation purposes.
Sec. 3. Whenever any party desires
to appropriate any of the unappropriated
surplus water of this state by storing
and empounding the same he must post
notice in writing in conspicuous
place at the point of the intended
storage, or if by diversion, then at the
points of the diversion and. storage,
stating therein that such appropriation
claims the unappropriated surplus water
there lying, being or flowing, to the ex-
tent of - acre feet, or some multi
pie or fractional part of an acre foot,
(the exact amount claimed to be stated
i'll said notice) for the purpose of en-
pounding and storing the same; the
purpose or purposes for which said
water is appropriated and stored and
the place or places as nearly as may be,
of the intended use and the means by
which it is intended to store or divert
and store the water. A copy of said
notice or notices must within ten DAYS
after it or they are posted, be filed with
the county auditor or county auditors of
the county or counties in which said
notice or notices are posted.
Sec. 4. An acre foot under the pro-
visions of this act shall be 1850 cubic
feet of water.
Sec. 5. Whenever any party seeks to
appropriate and store any of the surplus
water of this state he must, within six
months after the notice of appropriation
is posted, commence the construction of
the works by which it is intended to
store or divert and store the water APP
priated, and must with reasonable dill
gence prosecute such work to compile
ton.
Sec. s. Any reservoir hereafter con-
structed, with an embankment or dam
exceeding ten feet in height above the
bottom of the reservoir, shall not be
filled with water until plans thereof
shall have been submitted to a compe-
tent hydraulic engineer appointed or
selected by the governor, and such
engineers written approval obtained as
to the strength of such embankment or
dam to withstand the proposed hy-
draulic pressure.
Sec. I. Any party heretofore or here
after appropriating any of the water of
this state, including artesian and SUBJ
terranean water, shall have the right
when necessary, for the utilization of
the water appropriated, to condemn all
necessary lands and riparian rights,
including any lands or riparian rights
belonging to the State of Washington.
for empounding reservoirs, dams, canals,
bitches, pipelines, wasteways or other
works for the utilization of the water
appropriated, and may proceed to con-
denim said lands and riparian rights I'M
der the laws of this state relative to the
taking Of private property for public use
or private use for private way of
necessity; and in case the land or ri