The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-03-01
WATER TRANSFERS UNDER CAREY
Continued From Page u

ing out the provisions of this act, !
the board of county commissioners /
OF a county in which is located any /
part of an irrigation system con-
structed pursuant to the Carey act, |
shall appoint as and for an irriga- |
ton engineer a competent person /
who is versed in matters pertaining /
to the use of water for irrigation and |
in the operation OF canals and bitches
for such use, who shall hold his Of
flee for term of two years, whose |
duties shall be as herein prescribed |
and shall give bond in the amount
of five thousand dollars for the
faithful performance of such duties. |
Sec. a. Before the transfer Of a |
water right shall take effect under
this act, a person Interested therein /
must apply to the board of directors |
of the corporation operating such |
Carey act irrigation system, for con-
sent to the making of such trans /
fer, and if such consent is given, |
a resolution showing the same and /
the extent or portion of the right to /
be transferred shall be adopted by |
said board and a COPY thereof with |
proper reference to the date of it's |
passage. shall be incorporated in the |
instrument evidencing such trans
fer, and upon the recording of such |
instrument as provided in Section 3 /
of this act, such transfer shall be !
complete.
Section 8 If the board of direc-
tors of the corporation operating !
such Carey act system, shall refuse |
its consent to the transfer of such
water right. written application /
showing the description of the land |
from which. and of the land to which /
it is proposed to transfer such wat
er right and the amount of the wat
er right to be so transferred and
the reasons for such transfer, shall
be presented to said irrigation engi-
neer who shall promptly make inves-
LEGATION of the matter and determine
whether and to what extent the can
al system and the other water users
hereunder shall be affected or pref
udiced if such transfer is allowed If
said irrigation engineer finds that
such transfer of water right in the
manner and to the extent applied
for, will not be prejudicial to said
corporation or to the other water
users under said irrigation system
he shall issue his certificate APP
proving the transfer, the same to be
in duplicate. one part of which shall
be filed with the secretary of such
corporation, and the other shall be
delivered to the persons applying for
such transfer and recorded in con- |
nection with the instrument of con- |
veyance or lease, and if he finds
that such transfer should be made |
only upon certain terms and cOndi- |
tiOns then he shall prescribe and /
specify the terms and conditions up
on which the transfer shall be allow
ed, and if they are complied with to
his satisfaction, he shall issue his |
certificate to that effect, the same
being in duplicate as herein provid-
ed. If said irrigation engineer de-
cides against such transfer then he
shall make his written report, giving |
the reason for such decision.
Sec. g. If any person or the |
board OF directors of such Carey act /
corporation shall feel aggrieved at /
the decision of said irrigation en-
gineer an appeal may be taken by
such person or board to the dis
trict court of the county within which
the land is situated from which it is
proposed to transfer the water right,
by filing with the clerk of said court
the written application so made to
said irrigation engineer and his re-
port thereon with d written statement
OF the appellant giving the reasons
why such decision should not stand,
and said court shall make determine
ton of the matter for which purpose
a jury trial may be had at the direc-
ton of the court The clerk of such
court shall require the payment of a
fee of five dollars for the docketing
OF such appeal.
Sec T. For his services in passing
upon an application for the transfer
of a water right under this act and
making his certificate or report based
thereon, said irrigation engineer shall
be entitled to receive from the appli-
cant the sum of ten dollars for each
day, or portion thereof, necessarily
required by him to do the work, be-
sides his actual and necessary eX-
penses incurred in connection there
with. but shall receive no other COM
pensatiOn.
Sec. s. When a transfer of a water
right, or of a portion thereof, is made
effectual under this act, otherwise
than by lease, the certificate or certif
icates evidencing the ownership there
of shall be surrendered to the cor
poratiOn and the officers of the cor |
pOratiOn shall issue new certificates |
10 the person or persons entitled to /
them, specifying the land or lands to /
which the water right is appurten
ant after such transfer and the amount
of such water right which is appur-
tenant to any of said lands
Sec. 9. lease of a water right or
of a portion thereof shall not change
the appurtenancy of such right, but
the same shall remain an appurtenant
OF the land of the lessor, subject only
10 the rights of the lessee to make
use OF the same.
Sec. 10. No water right or any pr
ton thereof shall be transferred from
one tract of land to another under
the provisions of this act where there
is a valid existing mortgage or other
lien or incumbrance on the land 70
which such water right is appurteu
ant, without the consent of the holder