The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1903-02-12
BILL INTRODUCED IN SENATE
Full Text of the Pending Bill
As it was Introduced.
THE BILL ORIGINATED BY A COMMITTEE
OF the State Irrigation Association That
Recently Net in a State Convention

Be it enacted by the legislature Of
the state of washington:
SECTION l. For irrigation mining or
manufacturing purposes, or for sup
plying cities towns and villages with
water, or for waterwOrks or for others
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 empounding and
holding the same shall have the ben
efclal use thereof at such place or
places as is deemed best by the appro-
priator, and use, rent and sell the same;
and the wter so empounded may be con-
veyed in and along the channels of auy
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 waste during floods
or high waters and during those por
tions of the year when water in the arid
or semi-arid sections of this state are
fnr
Sec. 3 Whenever any party desires
to appropriate any of the Incorporated
surplus water of this state by storing
and empounding the same he must post
a 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
in 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 near 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 43, $50 cubit
feet of water.
Sec. 8. 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 intened to
store or divert and store the water APP
propriated, and must with reasonable
diligence prosecute such work to COM
pletion.
Sec. 6. Any reservoir hereafter con-
structed, with an enbankment 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 Il compe-
tent hydraulic enginee appointed or
selected by the governor, and such
engineers written approval obtained as
to the strength of such embankment or
dam to withstand the prop0s ed by
draulic pressure.
Sec. I. Any party heretofore or here
after appropriating any OF the water OF
this state, including artesian and sub
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, canal,
bitches, pipelines, wasteways or other
works for the utilization of the water
appropriated, and may proceed to con-
denim said lands and riparian rights un-
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
parian rights to be taken belong to the
state of Washington the petition shall
be served upon the commissioner OF pub
lie lands of the state of Washington and
it shall be the duty of such commits