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

! of the water division shall begin tax
| ing testimony as to the rights of par
/ ties claiming the use Of water These
1 notices are TO be published IN two is
] sues of a paper in the county IN which
the stream is located, and 80 days prior
/ to the beginning Of the taking Of the
When any stream to be measured or
| adJudicated traVerSeS more than one
water division, the final hearing is to
be heard before the superintendent of
I such water divisions sitting Jointly,
and the decision when made is to be
final on all claimants, provided that
the superintendent shall hold a hear
ing in each county in which there are
claimants or appropriations upon the
stream involved.
The bills incurred for the printing
of the notices are TO be paid by the
county in which the publication is
made.
The state engineer is to deliver to
the county judge of each county
through which any stream passes, upon
which adjudication is to be made, SUI
ficient copies of a blank form for the
use OF water right claimants upon
which every claim is to be presented in
writing to the superintendent of the
division. Or the claimant may mail a
statement to the secretary of the board
at Austin.
Each of the claimants is required to
certify to all statements under oath
and the division superintendent in
which the testimony is taken is aU-
thOrized to administer the oath.
When Evidence Is All In.
On the completion of the taking of
the evidence in these cases of adjudi-
cation by the division superintendent,
1t is his duty to give notice in a news
paper in the county to the effect that
on a certain day the evidence taken
will be open to the inspection of the
various claimants and to the public
That evidence the code provides must
TO inspection at the place specified for
at least one day but not more than
five.
If any corporation, person. or asso-
citation owning any irrigation works or
any interest in the stream
or streams involved in the adjudica-
ton, desires to contest any of the
OF others who have submitted
their evidence to the superintendent !
such must within 10 days after the tes-
1mony is taken notify the superintend-
ent IN writing, stating the grounds |
upon which the proposed contest is |
based The statement must be veri- /
lied by an affidavit. The superintend-
ant Is then to fix q. date for the hear ]
ng between the contestant and con-
-eStee, which is not to be less than /
80 nor more than so days after notice {
las been filed with him. The Superin-
endents are given the power to COM
Del such witnesses as may be necessary
% appear at the hearing, and in the
vent they fail to appear are given the
anne power as have the courts to pun
sh the offender for contempt. The
" illnesses are to receive the same fees !
% III cLNAi cases 10 De paid DIV the
'arty against whom the contest shall
he finally determined.
The superintendent is to require a
eposlt of SO from each party to the
ontest for each day he IS engaged in
aklng evidence. on the final deter
of the contest. the money is
Q be refunded to the successful party.
ne money deposited by the unsuccess-
VI party is to be turned over to the
tate treasury
Upon the completion OF the evidence I
2 the original hearing before the su-
erintendent and of the evidence taken ! :
4 all contests, il is the duty of the
Iperlntendent to transmit the evil
ence to the office of the board Of :
)ntrOl
An appeal is allowed from the de- I
sion of the board of control to the q
isIrlct court. The case in the dis
lcl court is given precedence over
ther civil cases. o
II as many as 90 claimants of water
ON any stream desire a measure / Z
ent OF the water supply and an adiu- I
-catlon of the water rights. and be- Y
re the board is ready to take up the | d
easurement. they may file a petition, ! T.
nd a special engineer may be an !
)lnted to do the work
Each County n District o
Each organized counties under the
,de SAH constitute a water district
D We commissioner, bOWeVss- sl~-as@