The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-04
PROVISIONS OF PROPOSED
new lRRisA1IoN CODE
A Measure Of Greatest Moment, In
Which the interest Of the
Whole State Centers.

the work Of the commission appointed
by Governor Mcbride. The unimport-
ant sections, those having no direct
bearing on the science as applied, are
summarized, while the principal part Of
the report is printed ia FULL
An Act Relating to the Waters of the
and Regulation Of Irrigation. and for CO.
operation With the United States Gov
eminent in Relation Thereto.
Section !: All waters ~:;hin the lin
supply belong to the public and are sub
ject to appropriation for beneficial use.
Except as to vested rights thereto) in
Sec O.. Beneficial use shall De the ba-
sis, the measure. and the limit of the
right to the use Of water. and all waters
appropriated for Irrigation purposes shall
be appurtenant to specified lands, so long
as the water can be beneficially used
better right. In all cases of claims to
the use Of water initiated prior. to the
passage Of this act, the right shall relate
back to the initiation Of the claim pro-
vided the claimant has strictly complied
with existing law and shall hereafter
comply with the provisions OF this act
works. All claims to the use OF water in
itiated after the passage Of this act shall
relate back to the date OF receipt OF an
application therefor in the office of the
state engineer, subject to compliance with
the provisions Of this act and the rules
and regulations established hereunder.
Sec. 3. All water used in this state
for irrigation purposes shall remain APP
purtenant to the land upon which 1t Is
used; provided that the right to the use
OF water upon any tract of land may. on
the approval Of an application of the own
err Of said land to the state engineer, be
severed from said land, and simultaneous
to other land. without losing priority of
right thereto established If such change
can be made without detriment to ex.
sueh APPLICATION the applicant must give
notice thereof by publication once a week
In a newspaper OF general circulation in
land are located. in the form required by
the state engineer. Upon the receipt Of
the proofs Of publication the state engi-
Writing writ and II he snail approve the same
he may transfer the permit or license
as the case may be: accordingly. Before
he OF rght and Is a
abandon the right to the use of the wa
ter upon the land to which it was pre-
vis Gus appl I1s differentiation ., wafer
may use the same for any beneficial pur-
pose other than the purpose for which 1t
place u diversion or storage in like man
scribed in section 3.
Sec. S. Water may be turned into any
natural or artificial water course or into
and through any reservoir by any party
entitled to- the use thereof. and may be
by such party. subject to existing rights.
Such turning, conveyance, retaining and
diversion shall be subject to approval OF
plans. granting OF permit, and supervision
BY the state engineer. with due allowance
for losses. to be determined by that off,
Ger.
MI
Of the flow Of water shall be the cubic
foot per second Of time; and the standard
OF measurement Of the volume Of water
shall be the acre foot. being the amount
deep. equivalent to 1880 cubic feet. The
miners inch shall be regarded as one
cases. except where some other equivalent
OF the cubic foot per second has been
specially state, by. contract. or has been
otherwise established.
Sec. 2. In the Issuance OF permits and
licenses to appropriate water for irriga-
ton, or In the adjudication OF rights to
maximum amount allowed shall not be in
excess OF the rate OF one cubic foot OF
water per SECOND for each 20 acres. or
unless It shall be established by conciu-
siys proof that a greater amount of wa
Sec. S.-Action by Riparian Owner
NO action shall lie by a riparian owner
to prevent or because of, the diversion OF
lands are riparian, except to the extent
that such waters are. at the time OF such
d diSSersiGn; either BY sgb;irrigation or
him; provided. that this section shall not
apply TO- existing riparian rights until the
Rratoh faf OF three s. years from the date
Sec. 9.---Domestic Use Of Water.-No-
thing In this act shall be so construed as
90 aetaor Gns the deprivation Except by
owner OF land riparian to any river, stream
or lake or other source OF water supply
OF water sufficient for domestic and stock
see on saHa dr eontrnci land
tract hereafter entered into for the car
riaF e.. and S delivery to specified lands Of
than that WHICH will raise the maximum
crops thereon ths s.r shall not be eniorcibe
less less It bear upon the face thereof, on its
nrst page, IN bold type. the words. "Con-
tract Tor Partial Supply Of Water"
person. association or corporation stor.
ing or carrying water under permit or H.
cense from the state for use. or used. up
on lands owned by other than the car
rier shall be common carrier Every
common carrier of water shall. on or be-
iore the 18th day Of November Of each
engineer showing the progress made in
construction OF works and application OF
wafer ISt OF contracts entered into
with land owners for the use Of water I'm
on lands. with prices and terms thereof,
and their earnings and expenditures. The
state engineer shall have the right upon
demand to inspect the books and records
81 every common carrier Of water. Any
failure to make such report or any denial
OF such inspection shall be misdemean-
or Said report shall also contain such
eoditional data and information as NAV
pe prescribed by the rules OF the state en-
Sec andonment.-when the mar
y entltIed to the use of water fails to
penenciaily use water upon any part OF
Ms Iand for which a right OF use has
vested. for the purpose for which il was
licensed or adjudicated. for a period OF
three snr go years, he shall be deemed to have
aoandoned the right to the use Of such
unused water. and the same shall revert
20 the public and shan be regarded as
sion shall not occur in cases Of non user
Que to unavoidable physical conditions
sec. 13.-Eminent Domain.-The Unit
ed States. the state, or any person, cor
right Of eminent domain TO acquire for a
public use any lands or rights OF way for
the storage or conveyance Of waters or
any right now or hereafter existing 10 the
vi ntv uoto M 20