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

fun practicable amount OF irrisahls land
OF that drainage area.
Any person deeming himself aggrieved
by the approval or rejection OF any appli-
cation may appeal from such decision Of
the state engineer within thirty days from
the date thereof. to the Board OF water
commissioners, whose decision shall be
final. In the absence Of such appeal the
decision OF the state engineer shall be
final. Sec. IS. Relates to the Iniation and
Sec ~. Relates to the Completion OF
Sec. IS relates to certificate Of compile.
tion.
Sec. - relates to inspection OF the work.
Sec. SO relates to use OF unsafe works
Sec. 81 relates to extension Of time for
completion o. contracts
On or before the date set for the appli-
cation OF the water to q beneficial use
the state engineer shall cause the works
owner OF the permit Upon the compile
tion OF such inspection, the state engineer
shall issue g license to appropriate water
the actual application thereof to a bene-
nciai use. within stated maximum
quantity. but In no manner extending the
rights described In the permit. Provided
amount of water applied to a beneficial
use shall be made at the same time as
that OF the constructed work, II request
deemed proper by the State Engineer.
Every irrigation license shall be for the
f Tad Ito to apply water upon certain speei-
ned lana. Where the license is issued for
the use Of water upon land not owned bv
the applicant, the license shall run to the
applicant but such applicant shall be a
trustee OF such right for such lands, and
the license shall specify the maximum
quantity OF water for each tract of land
embraced therein held In separate owner
snip or Tor such subdivision thereof as to
trtaN 1,,t..
caunt of the varying duties OF water.
There shall be no .priorities OF right be-
tween ~ ,,non lands covered by the same permit
water the loss shall fall on ali lands de-
scribed therein ratably.
Sec: 53.-Revision of License When
ever 1t shall appear to the state engineer
That a Hcensee has Abandoned the whole
or any part of the right granted by any
license or when that the maximum uuan-
tlty or water named in any license is
iicensee not less than thirty days notice
that at a time and place specified he will
INQUIRE into the use or nonuse Of such wa :
c eer ana at. at such time and place he shall
upon the showing made, or in default OF
contest thereon, that such abandonment
mas taken place or such maximum guam
tlty Is no longer necessary he shall re-
woke or modify such license accordingly.
or license.
ords. 'e'
Sec. 5s--withdrawal Of Water for the
United Stats Whenever the proper ON
law to construct works for the utilization
Of waters within the state, shall notify
tne state engineer that the United States
intends to make examinations and sur
yeys for the utilization Of certain speci-
fled waters the waters so described and
unapproprtated at the date of such notice
shall not be subject to further appropria-
In 10 III ~A-A
period Of one. year from the date Of such
notice. and for such further period. not
exceeding one year. as the state engineer
no adverse claim to the use Of such wat
ers.. initiated subsequently to the date of
such. notice, shall be recognized under
Of Of the state to
writing by an officer Of the United ID
States. thereunto duly authorized: Pro-
er officers Of the United States to file plans
of the proposed work within the period
so fixed or extended. the. waters speci-
fed in the notice given by the United
States to the state engineer shall become
public waters. subject to general appro-
Whenever the secretary Of the Interior
shall determine that any government ir-
rlgation project In this state is practical
BILE and shall cause to. be let contract
portion or section thereof. any author
lied officer Of the government may make
application In behalf OF the United
states government to the state engineer
for permit to appropriate so much OF
the unappropriated waters OF the state
as may be required for the project Upon
the filing In the state engineers Office OF
map. plans and specifications OF the pro-
posed works for carrying or storing wat
err. and a description OF the lands irri-
gable under such project, a permit shall
issue to the government for the water
and storage required. and upon the Al
ing In the Office OF the state engineer of
certificate OF the government engineer
In charge Of such works Of the complet-
Ion thereof. a license shall issue to the
United States and its SUCCESSORS for the
appropriation Of the water required there
Tor, not In excess. however, of the guam
tity provided in the permit Thereupon
the title to the beds and shores OF any
naVfgable lake or stream utilized by the
construction OF reservoirs shall rest in the
United States to the extent necessary for
the maintenance, operation and control
OF the same. The United States shall be
entitled to all the benefits of this act but
1t Is hereby exempted from Its operation
except where otherwise specially provid-
ed, or where the government may desire
to avail itself thereof: Provided. however,
that so soon as the management and -op-
Grafton OF any irrigation works construct
ed by the United States shall pass to the
owners OF lands Irrigated thereby. the use
of waters therefor by virtue Of the state
permit shall become and be subject to the
provisions OF this act. subject to such
rules and regulations a a ma v he praacr ihaJ