The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-04


mediate charge OF the apportionment of
the waters IN his district under the gen.
eral supervision of the water commission
erals, and individual headgates. shutting
and fastening, or causing to be shut and
fastened, headgates when 1t Is necessary
SO to do. He shall also have power to
enforce In a similar manner the orders
of the water commissioner In rotating the
supply Of water.
Sec. 81 provides that water masters are
to receive So per day.
The water masters and their assistants
shall hs be paid paid by the counties where they
water MASTER or water commissioners to
the state engineer.
Sec. 80 provides that water masters shall
sary to the water commissioner concern
Ing matters over which they have con-
Sec. "a provides that the state engl-
neer shall make certain photographic
maps. and also that he shall CO. operate
with the federal government in his sur
veys and Investigations.
Sec. 35 provides for certain investiga-
tions into the stream systems for the
curing of information by the engineer.
After securing this data the state en-
termine, file a copy of his maps and
statements in the Office of the clerk of the
superior court of the county in which the
stream system Is situated, and this filing
shall be deemed the commencement of a
proceeding In said court to adjudicate and
determine all claims to the right to the
use Of the water in said stream system,
and the amount of water, the right to the
use of which remains Incorporated. in
which proceeding the state of Washing
ton shall be the plaintiff. and all claim
ass The It ns shan or
his assistant shall represent the state.
The state engineer shall also cause a copy
Of said mar. and statement to be filed In
nffica M nf oot M
in which the stream system extends.
Any water right claimant not named in
said statement may become a defendant
upon application of himself or any party
at any time prior to the filing of the find
ings and conclusions Of the board of in
vestigation.
board of investigation Is hereby CONSTITUTE
ed for each of the water divisions of the
state, to be composed of the state engi-
neer and water commissioner Of the wa
ter division, and they may at any time
during the investigation of any stream
system call In as a third member Of said
board one Of the other water commits
sioners to assist in the investigation OF
that stream system. The members Of
said board shall serve without compen-
sation other than is elsewhere provided
for their respective Offices.
Sec. 81 provides for the service OF sum.
mons and appearances.
Sec. 80 relates to the report Of the board
and decree thereon.
u
shall report all the appropriations Of wa
ter which have not been fully applied to
the beneficial use for which they were in
tended. and whether due diligence has
been used in applying to beneficial use
the water as sought to be appropriated,
and the time that Is reasonably necessary
to complete the application thereof to
beneficial use. Such report shall be filed
by the board in the office OF the clerk of
the court in which the proceeding is
pending. and copy thereof shall be filed
In the office of tho auditor pfa Oh,
county In which is included part of the
stream system. and at such other places
as may be designated by the board. Up
on the filing Of said report the clerk shall
cause notice thereof to be published in
newspaper In each county for four con-
ssecutive weeks. Such notice shall state
are fled and shall require all parties to
such proceeding desiring to except there
to to file such exceptions in writing. in the
office of said clerk within 80 days, and all
parties failing to do so shall be deemed
as consenting to a decree Of the court ad-
Indicating water rights in said system In
accordance with the findings of the re
port
After certain other formalities the
court shall enter a judgment and decree
determining and establishing the several
tiers Of said system and the amounts Of
appropriations of the several persons
claiming water. No appropriation shall be
beneficial use OF. The court shall where
proper, decree an incepted. incomplete or
iinchoate right to the use OF water which
has not yet been applied to beneficial use
such right to mature upon completion OF
the application thereof to a beneficial use
within a reasonable time.
Section 80 provides that the state shall
pay the cost OF making certain surveys.
Sec, 40 provides for an appropriation OF
sl5.Oo0 Tor adjudication proceedings. sur
veys, etc.
Sec. 41.-Appllcation for Permit. ANY
person, association rOrnOrp inn hero
after desiring to acquire The right To the
benehciai use OF waters rom any source
scrks or appropriating any II the public
public waters Of the state. make appl:ca-
ton to the state engineer for permission
to appropriate the same. The application
sinai! give the name and address of the
applicant. the source from which. the
point at which. and the method by which
the water is to be diverted. the. quantity
showing. the financial ability OF the APP
plicant to complete the proposed works
and II the use is for irrigation, the area
which the water is to be made appurten-
ant. The state engineer may require
other data specified. In casees where any
part OF the land described in the appli-
or under contract to the applicant. II the
permit be granted the applicant shall be
a trustee Tor the water appropriated for
nish the. same for use on said lands at
rea sonable rates to be determined as pro
vided hereinafter, but not to exceed
maximum therefor to be stated In the an
plication: provided. however that no wa
ter shall be held without actual applica-
ton to beneficial use upon the specified
lands beyond period OF time to be spe-
Gifted In the permit
Sec. 42.-Storage Permit-A permit
may be granted under the provisions OF
section Al for the storage In any lake
pond. stream, river. draw coulee. ra-
vine or other suitable place, of water for
beneficial use on specified lands The con-
troll OF all storage works shall remain in
the state engineer, and the control of the
gate or gates. and the regulation Of the
flow OF each reservoir shall be in the wa
ter commissioner in whose division II Is
located, subject to the supervision OF the
state engineer. All waters impounded and
not applied to beneficial use under permit
or license shall be considered az public
waters. Structures for the storing and
impounding Of water may he enlarged or
remodelled by some subsequent appropri-
ator after application and permit. for
benencial use upon specified lands under
plans therefor approved by the engineer
All works for storage must be built ac,
cording to plans approved by the engi-
neer.
=, Sec. 40 relates to the filing and correc-
ton Of applications.
Section A relates to the publication of
notice when storage application is filed.