The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-03-01
MEASURE is SUBMITTED FOR
HOUSE BILL NO. II WHICH
WAS POSTPONED
ALLOWS LEASING FOR PERIOD OF
ONE YEAR
Also Permits Permanent Transfer
Under Restrictions Provided in the
Terms of the Measure, Which Pro-
tects Al, Rights.
editorial correspondence


BOISE-The transfer of water
rights on Carey act projects 5 pro-
vided for in house bill 27S, ,, a
member of the Twin Falls delegation
which passed the house Monday
morning.
This bill is a substitution for sew
enty-one, which was indefinitely post
pened on motion of the author. and
restricts the application of the act
to water rights that have been &C
quired under the Carey act.
Leasing of water rights is also
allowed by this act, although the
period of no lease is to extend long
er than one year.
Water rights may be transferred
in whole or in part subject to the
carrying capacity of the canal sys-
tenn and satisfactory showing that
no other user of water will be in
iured by the transfer. Application
for the transfer must first be made
to the canal company and upon re-
fusal may be referred to an eng1-
neer to be appointed by the county
commissioners, to be known as the
county irrigation engineer, who shall
investigate each case at the expense
of the applicant. An appeal can be
taken from the decision of the en-
gineer to the district court by any
party feeling aggrieved by his de-
cision The recording of transfers
is provided for, and the bill specific
ally sets out that no water right OF
any portion of a water right can be
transferred from a tract OF lano
where there is a mortgage or any
other lien against the property
without the consent of the holder Of
the MORTGAGE or the lien.
The act follows in full:
Section /. The owner of any lane
to which water right has beer
made appurtenant pursuant to the
provisions or operations of the ac
of Congress of the United States
known as the Carey act may trans
fer such water right in whole or II
mart to other land owned by hin
which can be served and irrigated
by the same irrigation system, ant
may by sale, or by lease for a per
iod not exceeding one year, transle
such water right or any portion
thereof to another for use upon or Il
connection with any of such othe
lands. in the manner and on tn
conditions set forth in this act.
Section . The transfer of wat
er right in whole or in part made b
such person to other lands so own
ed by him shall be evidenced by
written instrument executed and ac
knowledged by such person as otn
er conveyances of real estate, recl'
ing therein the facts, stating tn
amount of the right transferred, an
describing the land from which an
the land to which the transfer IS [
be made, and the transfer of waite
right or any portion thereon froi
one person to another shall be eV
denced by a written instrument COZ
tanning similar recitals and execute
and acknowledged in like manne
by the grantor or lessor. All
such instruments shall be recorde
in the office of the county record'
of the county or counties where u
land is situated from which sue
right is transferred and also in u
office of the county recorder OF u
the county or counties where Il
land is situated to which such rig
is transferred, and to all of sue
instruments the recording acts
the state shall apply.
Sec. 8. For the purposeot carr
Toao