El Paso herald. (El Paso, Tex.) 1901-1931, 1913-01-06

/ gineer, the bill says that he can appea
| to the state board within so days. Al
appeal is allowed from the decision o.
, the water board to a district court
l within six months
Maps of All Undertakings.
Each application for a permit to ap-
/ prOpriate water is to be accompanied
by map or plot in duplicate. show
ing accurately the location and extent
of the proposed works and adjoining
works.
The priority Of an appropriation
dates from the filing of the appIica-
ton in the engineers office
Ditch Regulations.
The code provides that the owner OF
any ditch shall maintain substantial
headgate. which shall be kept locked
I and closed by the water commissioner
If required, the owner must construct
| fumes or measuring devices at such
! points as may be designated by the
commissioner, to assist in determining
the amount of water diverted into a
/ ditch.
Every owner or manager of a res
| ervOir located across or upon the bed
I of a natural stream by the code is re-
{ quired to construct and maintain, when
notified. a flume or measuring device
/ to be approved by the engineer, below
his reservoir, and a flume or measur-
ing device above such reservoir on each
] and every stream or source of supply
discharging into the reservoir, for the
I purpose Of assisting the commissioner
| IN determining the amount Of water to
which prior appropriations are entitled.
: When II becomes necessary for the
protection of other water users, the
! division superintendent by the code is
/ given authority TO requiEe fumes to
! be installed along the line of any ditch
! II any owner refuses to construct and
I maintain headgates after 10 days no
/ tlce to do so, the water commissioner
{ can close the ditch.
No Waste of Water.
By the code, the rights to the use Of
water are limited and restricted to so
much as may be necessary for irriga-
! ton or other beneficial purposes. ir-
respective of the carrying capacity of
the ditch The balance of the water
unappropriated is to be allowed to run
IN the natural stream from which the
ditch draws its supply. In case the
owner OF any ditch, canal or reservoir
fails to use the water therefrOm for
+. irrigation or other beneficial purposes
4 during any three successive years the
bill specifies that ne shall be consid-
cred as having abandoned it and shall
forfeit all water rights. The owner of
a ditch, canal or reservoir has not the
right to receive from others any roy
atty Tor the use of water carried there
by, but every such owner having a sur
plus of water and furnishing it to
others from any ditch, canal or reser-
voir, is considered a common carrier,
and the rates to be charged may be
fixed by any method or by any authori-
ty prescribed by the laws of the state
Tor fixing the rates or charges of COM
measurement Of water according to the
code is a cubic foot Of water per Sec
Ond.
Using Stream as CanaI.
Whenever the owner or manager or
lessee OF reservoir constructed 1IDon
any stream or other water course O.
slres TO use the bed of the stream or
water course for the purpose of 80
FylnS stored or impOunded water from
the reservoir TO the consumer he fs
required to give the water Commits
sloner notice in writing giving the
cate When 1t is proposed to discharre
IL 1lIS Ger from the reservoir, its vol
uIhe IN acre feet and the names of All
persons and bitches entitled to i+s uSe
II IS then the duty of the eoun1issi01e,
70 close or adjust the headgates of ali
water as will enable those havine t6a
Ilgnt 10 the sole use, to secure the vol
uH4e 10 which they are entitled.
,v -1SoSI Y III III owners 10 pay half the 4
expenses OF water commissioners
Inc board of control is anfborizad /
~ pLescIlDe further or additional pen- ]
t 5LIL.ess or punishment for the nonper- /
upon the owner of anv irri-sticI
feet compliance. ~ SA-
The Governing Officials
. The code provides one suDerintan5ap+
Ior each OF the four water divisions Of
the state The appointments in This
. instance are to be made by the gov
tue I
years. The state engineer is 70 49,
quot examinations at different DariOJs /
Tor candidates for the position Of al
= t l,StoI SSupeIIhtendent and a list of !
nose Wnom the engineer lists as mali |
ued shall be filed in the Office ~ a. |
governor, to select from. 'HS
Edch DIVISION superintendent is civ
IN general control over the water cor,
mlssloners or other officers or ascsI,4
charged with the distribution Of T,ste1 /
IN the several districts within his -
ter division. MS wa
Each division superintendent is DIV !
IN the authority to order in y-rifin,-
me construction of suitable difcbeS ! !
55o carry the return waters from a1V | {
ulch or lands to the main stream o. | y
proper WaSteway. The code 49, u 81 !
us duty to close the headgate of snU
person until such order is con1nTiaS
= ' LIh. me superintendent is also given I
ne authority to make such reeuIafioDs
Is viii secure an equal and fair diSt-i 1
'uuon OF water in accordance with +ba
priority OF appropriation, provided s,1c5 {
eSuiauonS are not in violation of fba :
tate laws VI the o
IrrigatOr's Right of AppesI I
any uilGh owner who feels that he / 7
as been dlscrIminated against bv anv {
rder OF the division SuperintendeDf = J =
'iVen the right to appeal to the ststS .
hSlneer by filing with him a cow Of II
ne regulation objected to, and a State | b
nent of the manner in which it ~ Fl
ures him. The state engineer ~ .
mend or revoke the superintendent il
rder. +,
Whenever called upon all wafer cono g
llssioners must make a report to AZ h
vision superintendent. The renorts L
lust contain the amount of water - D.
Ially coming into the district of srcb L
ltcheS. canals and reservoirs: wbe+6 e.
r such supply is increasing or decress s.
lS; what bitches, canals or Reservoirs | Is
re without their proper supply. and / W
UGH other information as the dfvisio1 ! al
lperintendent may require. p
The salary of each division sunerir / %
sndent is fixed at $500 a year rs1-a |
e in monthly instruments. His actua1 | ~
-aveling expenses are allowed when he | -
called from his home 20
The Board of Control. 80
The board of control constituted Nv. nj
lie code is to be composed of the stare IN
lgineer and the superintendent of tbe ST
ur divisions. The office is to be 10
tied at Austin. The code requires in
at two meetings a year shall be held. De
e second Tuesdays in March and Oc- in
Der, respectively The state engineer su
the president of the board. de
Priority of Rights. CO
At its first meeting, the code makes
the duty of the board to make arr I CT!
ngements for beginning the deter di
nation of the priorities of right to the tT'
e of the public waters of the state OF
ID such determination is to begin on /
e streams most used for irrigation. fr