The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-01-23
MILNER CANAL PROJECT
WITH AMPLE CAPITAL is
NOW AN ASSURED FACT
CAREY ACT BILL
INTRODUCED BY SIMS
Measure Provides for Transfer, Sale
and Rental Of Water Rights and De-
filming Appurtenancy.

fining Appurtenancy.
An act providing for the transfer,
sale, or rental of water rights, pro
viding supervision by the state engi-
neer of such transfer. sales and rent
ais; defining the appurtenancy Of
water rights; providing that water
rights be regarded as other property
rights; providing for the lapsing of
water rights by reason of failure to
make beneficial use; and repeating
section 1864 of the Revised Codes of
the state of Idaho
BE it enacted by the legislature Of
the state of Idaho:
Section /. The owner of any land
to which water has been made appur-
tenant by a decree of court, by ap-
GRAFTON of the Carey act or irrigation
district laws of this state, by and of
! the provisions of this chapter, or in
any other manner, may transfer by
assignment, sale or rental the use
of such water in whole or in part
to other land or lands; provided that
such owner shall not be permitted TO
transfer, sell or rent any water IN
excess of the amount to which he has
established a right by beneficial use
under the laws of this state; provided
further that such owner shall not he
permitted to make such transfer
where it is shown that such trans
fer will be detrimental and injurious
to other users of water from the same
source. Such person or persons de-
string to transfer the place of use of
such water, as provided herein, shall
first make application to the state
, engineer, and such application shall
set forth fully the reason for making
such transfer whether it be by as
signment, sale or rental; such appli-
cation shall describe the land from
which it is proposed to transfer such
water, and shall describe the land to
which it is desired to have such right
transferred. If such water is to be
conducted to such land through an
other canal or lateral or from a diff
! ferent point of diversion than the one
described in the license, permit, con-
( tract or decree of the court confirm
D ing such right, or otherwise, such
g facts shall be fully set out in such
- application, and if the state engineer
/ shall require it, a plat showing the
- location of such land and bitches OF
S canals or points of diversion shall be
- furnished by such applicant, and upor
e receipt of such application, the State
Engineer shall examine the same ant
= shall, provided it appears that no one
t shall be injured by the transfer, issu,
V to such applicant, under the seal o
e his office, a certificate authorizing
r such transfer, which certificate shal
d state the name of the applicant, anC
r shall contain a copy of license. per
|. nit, contract or abstract of decree
s confirming the right to the use of th'
water upon the land from which
e is desired to transfer such right, ant
a a description of the land to whic
,e right is transferred When such wat
re e. is transferred by assignment o
10 ale it shall thencefOrth become ap
e purtenant to the land or lands t
,r which it is transferred, but whe
* transferred by rental only, it sha
E. continue to be an appurtenance of tn
ct land to which it was appurtenant be
-, fore said rental; and such rental sha
le not attach a perpetual right of renti
r to the land or lands securing tn
Id benefit of such rental during the pei
is, iod thereof. A fee of one dollar sha
IN be paid to the State Engineer by sue
certificate of transfer issued by hir
ed and such application shall be recorde
a by the State Engineer in a book keI
to for that purpose, and the State Ell
a gineer shall not thereafter permit
lg be diverted to or upon the lands IL
Mt water for which has been so tran
r. ferred, any of such water but sha
sp order and cause to be diverted sue
lis water from such stream, canal
nd ditch so that it may be used on Il
he lands to which such right has be-
IS, transferred, by assignment, sale
ne rental.
ne Section 2. The sppurtenancy of
it water right shall not be construed
ng such a way as to deprive the own
ok thereof of the right to surrende
n. transfer, assign, sell or rent SUI
n water right separate and apart fro
or the land or lands owned by him su
he ject to the restrictions and provision
heretofore provided, but the owner
ite a water right shall enjoy and posse
lte all of the rights accorded other pro
er erty rights by the laws of this sta
lily Section 3. All rights to the use
as water acquired under this chapter,
lot otherwise. shall be lost and abandon
m by failure, for the term of five yea
N to apply it to the beneficial use f
for which it was appropriated, a
'ds