Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1905-06-24
WATER RIGHT LAW.
The Existing and Future Rights Affected
by Government Irrigation Plans
and State Leglslanon


government irrigation project in the
Belle Fourche district, as indicated by
Senator Cooper before the Commercial
club, has brought up several new and
important points of vital concern to the
mining interests of the northern Hills
These points are precipitated not alone
by the governments irrigation plans but
by the state irrigation law enacted at
the last session Of the legislature which
radically changes the system of acquir-
ing and holding water rights.
The whole northern Hillsar tributary
to the streams included in the govern
ment irrigation plans Under these
! plans all water sources tributary will be
withdrawn from private rights July
first for a period of three years. Dur
ing this period every tributary stream
will be traced tc its source by the state
engineers and included in the supply
scheme.
During this period all water rights
which have passed to private enterprise
previous to July first this year, will be
subject to court adjudication for deter
mining their scope and limiting each
right to its legal status. Under this
legal action, for instance should a water
right be supplied by ditch carrying
say four hundred inches but from which
but fifty inches are habitually used, all
of this right save the fifty inches will re-
vert to the government.
After the three years period, private
water rights may only be secured from
such surplus as the government may not
have taken possession Of for the irriga-
ton supply.
In connection with this condition of
water affairs, the state irrigation law,
passed at the last session of the legisla.
ture is Of vital interest This bin sup.
pIements the Federal control of water.
1t repeals all previous legislation and
materially changes the methods of Sc
curing water rights While the bill APP
plies to the state at large it is of more
especial immediate interest to this dis
trict because Of its mining interests and
because Of the government irrigation
plans.
Section two Of the law limits water
rights to beneficial use. Section three
applies the law Of eminent domain in
securing rights.
The following sections constitute
radical change in the method of acquir-
ing water rights Under this law all
! rights must be acquired, in forms stipu-
lated, through the Office of the newly
created state engineer. The only appeal
| from his decisions are to the board of
water commissioners.
The part Of the new state law especial
ly pertinent to the mining interests at
present is that division applying to ex-
isting water rights. The state engineer
must make photographic surveys of
streams and sources of water supply inn
mediately needed for irrigation pur-
poses, co operating with the Federal
government lie must also in each dis
trict make a complete list of all present
holders of water rights. To this end the
proper county officer in the counties in
each district are compelled under the
law to supply him with a complete list
of all water rights recorded in such
counties
On completion of this survey and list
the state engineer must turn over all
such data to the attorney general who
shall within sixty days enter suit in be-
half of the state to determine the rights
to use such water. In such suits all par
ties who use such water shall be made
parties to the suit. All costs of such
suits and of the preliminary surveys etc,
are to be charged against the private
parties who are using such water pro
rata.
Hereafter under the new law any per-
son desiring to acquire water rights must
make application to the state engineer
furnishing maps, plans, etc, before en-
terinq upon anv construction work
.l;,,. -. -, Li;aL
pp'i0"i'' ii'u'' also puo'i'u lo'ioe %
his application. Inc hnal issue OF title
must not pass until after the works have
been completed
Trndar soo,;oo Qe nrorie;o, :. ,odo CO.
",'e' 'I'siou ~ pio' l7l0l- - l'''oio ioi
"lthdrawai ior thres years from private
rights, of all waters within any district
upon notice that the United States has
or,arod ,ror tba co,e,r,otior &c ;rr;,,o.
i''s"
Iioh WORKS
owner must provide at his source ofsup-
ply measuring device for limiting
quantity of water taken to the amount