The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-02-22
BILL THAT HAS Been
FINALLY AGREED UPON
Text Of the Abbreviated but Conn
plete Law Proposed to Gov.
ern Irrigation.

uOW Au ocuciOHS Suu tuc Uuc WHICH IL lS
believed will be enacted into law:
AN ACT, Relating to the appropriation
of waters of the state for irrigation
purposes, granting to the United
States the right to exercise the power
of eminent domain in acquiring lands,
water and other property for rights Of
way, and for reservoirs and other ir-
rigation works, granting to the Unit
ed States certain rights in state lands
and in the waters of the state, relat.
ing to water users associations, and
repeating acts conflicting with this
act, and declaring an emergency.
Be it enacted by the legislature of the
state of Washington:
Section l. The United States is here
by granted the right to exercise the
power of eminent domain to acquire
the right to the use of any water, to
acquire or extinguish any riparian
rights, and to acquire any lands or other
property, for the construction, opera.
ton, repairs to, maintenance or con-
troll of any plant or system of works, for
the storage, conveyance, or use of water
for irrigation purposes, and whether
such water, riparian rights, lands or
other property so to be acquired belong
to any private party, association, corpo-
ration, or to the state of Washington,
or any municipality thereof; and sucn
power of eminent domain shall be exer-
cised under and by the same procedure
as now is or may be hereafter provided
by the law of this state for the exer-
else of the right of eminent domain by
ordinary railroad corporations, except
that the United States may exercise
such right in the proper court of the
United States as well as the proper state
court.
Sec. 2. The United States shall have
the right to turn into any natural or
artificial water course, any water that
it may have acquired the right to store,
divert, or store and divert, and may
again divert and reclaim said waters
from said water course for irrigation
purposes subject to existing rights.
Sec. 3. Whenever the secretary of
the interior of the United States, or any
officer of the United States duly au-
thorized, shall notify the commissioner
of public lands of this state that pur-
suant to the provisions of the act of con.
gress approved June II, 1902, entitled,
IAN act appropriating the receipts from
the sale and disposal of public lands
in certain states and territories to the
construction of irrigation works for the
reclamation of arid lands,' or any
amendment of said act or substitute
therefor, the United States intends to
make examinations or surveys for the
utilization of certain specified waters,
the waters SO described shall not there
after be subject to appropriation under
any law of this state for period of one
year from and after the date of the re-
ceipt of such notice by such commits
sioner of public lands; but such notice
shall not in anywise affect the appropri-
alton of any water Heretofore in good
faith initiated under any law of this
state, but such appropriation may be
completed in accordance with the law
in the same manner and to the same ex-
tent as though such notice had not
been given. No adverse claim to any
such waters initiated subsequent to the
receipt by the commissioner of public
lands of such notice snail be recognized,
under the laws of the state, except as
to such amount of the waters describ-
ed in such notice, or certificate hereinaf.
ter provided, as may be formally re-
leased in writing by duly authorized
officer of the United States. If the said
secretary of the interior or other duly
authorized officer of the United States
SMALL before the expiration of said per-
iod of one year, certify in writing to the
said commissioner of public lands that
the project contemplated in such notice
appears to be feasible and that the in
vestigation will be made in detail, the
waters specified in such notice shall not
be subject to appropriation under any
law of this state for the further period
of three years following the date of re-
ceipt of sucn certificate, and such fur
Their time as the commissioner of pub
lie lands may grant, upon the applica-
ton of the United States or some one
of its authorized officers and notice
thereof first published once in each week
for four successive weeks in newspa-
per published in the county where the
works for the utilization of such wa
tiers are to be constructed, and if sucin
works are to be in or extend into two
or more counties, then for the same per-
iod in newspaper in each of such
l. A.