Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1905-07-08
ANOTHER WATER
PROPOSITION
The State Engineer Proposes Gather Testimony Regard
ing Prior Rights According to the State Law Of
1908 and Submit Testimony to Court.

denleanor on the complaint of the State Engineer
any of his assistants.
SEC. II. 1t shall be the duty of the State En-
gineer qualified assistant soon
practicable, to make examination of such
stream and the works diverting therefrom, said
examination to include the measurement OF the
discharge of said stream unless adequate proof
is available from the measurements made by the
United States Government, and of the carrying
capacity of the various bitches and canals divert
ing water therefrom; examination of the ir-
ngated lands, and an approximate measurement
of the lands irrigated, susceptible of irriga-
ton from the various bitches and canals which
said observations and measurements shall be re-
duced to writing, and made matter of record
in his Office and it shall be the duty of the State
Engineer to make cause to be made map or
plat a scale of not less than one inch to the
mile, showing with substantial accuracy, the
course of said stream, the location of each ditch
or canal diverting water therefrom and the legal
subdivisions of lands which have been irrigated,
or which susceptible of irrigation from the
bitches and canals already constructed. In per-
forming such work the State Engineer his
assistant may avail himself of the works records
and information of the United States Geological
Survey.
SEC. I3 Within thirty days after the prepara-
ton of the list of priorties of appropriation of
the use of waters of any stream it shall be the
duty of the State Engineer to issue to each per-
SON association or corporation represented in
such list certificate to be signed by said State
Engineer, setting forth the name and postoffice
address of the appropriation the priority number
of such appropriations the amount of water ap-
propriated and amount of prior appropriations,
and ie such appropriations be for irrigation, a
description of the legal subdivisions of the lands
to which said water is to be applied. And he
shall also send such certified list, by registered
mail to the County Recorder of the county in
which such appropriations shall have been made
as well as to the County Recorder of the county
in which the waters appropriated used, and
it shall be the duty of said County Recorder,
within ten davs after the receipt of such certif-
cate, to record the same in book specially pre-
pared and kep. ior 'na' purpose ana 'ne zee
ana Shau he a,,owed and Maid bv the Board os
Examiners ont of funds in the treasury ap-
plicable thereto.
SEC "a Any party, or number of parties act
ing jointly, who may feel themselves aggrieved
by the determination of the State Engineer, may
bring an action in any court having jurisdiction
against such State Engineer and all persons
having interests adverse to the party or parties
bringing the action to have their respective
rights determined. Such action must be brought
within two years after the record of such list of
priorities of appropriation has been recorded.
Such action shall be tried speedily pos
sible; and the Court is hereby authorized to EN-
plov hydraulic engineer or other expert to ex-
anime and make report under oath upon any
subject matter in controversy, the cost of such
employment to be equitably apportioned by the
Cont and charged against the parties to the
suit as costs.
SEC. IS. The Water Commissioners hereafter
provided shall make apportionment of the
waters of such stream according to the list of
priorties recorded as aforesaid, unless such list
be corrected by the judgement of some court
having jurisdiction of the subject matter.
Tbis Statu, offers a legal, eouit-