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

y s r.: Of the sa s. g,
works constructed BY the government
shall pass to the owners Of lands Irrigated
thereby there the state engineer shall obtain
ment. for the records Of his ONCE, all the
data relating to such works and system.
and lands Hereunder.
owner Of works for the storage. diversion
or carriage of water shall be required to
furnish water to the extent Of his appro-
rigable therefrom to the maximum
amount required for beneficial use there
on In the following cases. lin the absence
OF contracts between them,) to-wit:
l.. Where the works were built in
whole or In part under laws existing pre-
yious to this act. under which previous
rier OF water. and the owner thereof shall
not have accepted the provisions OF this
act, in which case the carrier shall so
reasonable rate per annum per acre, ba sed
upon the value Of the works and the cost
Of maintenance and operation thereof
Where the works oH were re the Sui Ewne IN
whole or In part under laws existing pre-
yious to this act. but the owner thereof
act. or where the right to the use OF wat.
er for the works shall have been acquired
under the provisions OF this act and for
3. Where there Is stored. diverted or
carried by any works water In excess Of
the needs OF the lands for which the right
S @, or carriage &C
cess shall be obtained by the owner OF
any other lands. in which case such ex-
permit holder to the extent OF his permit
subject. however. to the priorities OF the
prior appropriation or permit
IN order to determine such rates. and
~ thn nh -
agreement between the Interested par
ties, the land owner may make applica-
ton to the board Of water commissioners
ton any number may Join. or one may
apply IN his own behalf or in behalf 6.
himself and all others interested who may
carrier may bring. In as party to such
proceedings any other person whose lands
is covered by Its permit license or pre-
tain Of s ahs shall
OF the title thereto. and Of his right to the
use of water theon. Twenty days notice
water division where the land is situate,
where and Of the time when the board
VIII hear the matter shall be given to the
place the testimony OF the interested par
ties shall be heard and a determination
Of the matter made. 4 majority Of the
a quorum. and a decision OF a majority
OF a quorum shall be the decision OF the
board. Any member Of the board may
The decision SO rendered shall be final.
except that either party may appeal there
from within thirty days after Its rendition
In the land is situate. During the pen
dency Of such appeal or any appeal from
the decree Of the superior court, the APP
he IS required to pay by the decision ap.
pealed from, and upon such payment ne
shall receive from the works the amount
the ths arsat
er or lesser sum. the difference shall be
made good upon demand to the party en-
the board each party shall se BEAR ana Sel pas
his own costs. The costs In the courts
shall abide the event and be taxed by the
establish the, fines and maintenance fees
to be charged ell owners Of land similar
ly situated where the circumstances are
sISbisdta,ntiaay Ike th9s mnraeed In the
carrier or the owner Of ten per cent Of the
land affected at intervals OF not less than
two years. the annual maintenance fee
as SO determined may be revised by the
same method OF procedure as 10 herein
provided for the first determination there
OF. Nothing In this section shall be held
to extend the time prescribed by any per-
either. ~
Sec. Solicitation of water.-To secure
| the most economical and beneficial use Of
water. and to prevent waste and damage,
| the water commissioner may, upon petit
ton OF two or more OF the consumers Of
water from any natural stream, ditch or
lateral. or branch Of any canal, prepare
and enforce a system Of rotation OF the
water supply from such natural or arti-
Sec. 6O.---Measurement.--T consumer
OF water from a canal or lateral OF any
carrying company may place a suitable
by the state engineer. at his intake from
said canal or lateral; and in any case the
water commissioner may. where he deems
II necessary; order the construction Of
Sec. 81 relates to measuring devices.
Sec. go relates to unlawful Interference
with rights In the use Of water
Sec. 63 relates to the unlawful use and
Sec. "a relates to bridges over bitches
Sec. 65 relates to obstructing work.
Bee. &c relates to penalties for mlsde-
meanors under this act.
Sec 66h relates to enforcing proceed
Bee. e7--Right of Way Over State Land
When notice is given to the state engi-
pTeper orers 81 s9 q ths act the
file with the state land comm! ssioner q
list Of the lands owned by the state over
ginht OF me tns may rea.ire
Ing Of such list shall censtitu ae .n reser en-
V VHsion s by the hest state Of such right Of way
ripen into a grant Of such right OF way
upon completion Of such canals OF dltches
over any lands described In said list
Sec. 66.--Disposition Of State Lands
NO lands belonging to the state, within
the areas to be Irrigated from works con-
structed or controlled by the United
states. or Its duly authorized agencies
shall hereafter be sold except. in conform.
ny with the classification OF farm units
by the United States. and the title to
such lands shall not pass from the state,
until the applicant therefor shall have
fully complied with the provisions of the
AVS OF The United States and the regu-
lations hereunder concerning the ac-
a a,rs one, Of the right to use water from
dence thereof duly issued After the
withdrawal OF lands by the United States
ior any irrigation project no application
for the purchase Of state lands within the
Units OF such withdrawal shall be ac-
cepted: except upon the conditions pre-
st In this section; Amy state lands
needed by the United States for Irrigation
works shall be sold to the United Statea
AT the lowest price authorized by law,
Bee. 90 relates TO method OF appeal
325, 900. "''' 'p' '"''oi vi
GpCfi0n II ooli,oxton