The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1920-12-30

visions which will vary this rule il
the discretion of the state engineer
in cases of emergency or extremity
Water is made ~appurtenant to the
land. Ample provision is made in
the code for an appeal to the board
of control and in turn to the district
court.
Construction work shall begin
within one year from the date OF
approval of the application and rea-
sonable diligence must be exercised
in prosecuting the work. Five years
is the limit of time for completing
work for such construction. Two
years thereafter is the limit of time
for which final proof of beneficial
use of the water must be submitted
but the state engineer is given a GER
tain discretion in extending the time
for completion of works and for the
proof of beneficial use. The water
right may be forfeited if due dill
gence in every respect is not shown.
The state is to be divided into four
water divisions, each division being
represented by one superintendent
appointed by the governor. These
superintendent together with the
state engineer comprise the board of
control and will eventually adjudi-
cate all the streams of the state and
issue water certificates which define
the rights of all claimants.
In order to comply with the law
and the constitutional provisions, the
land owner, water user, applicant or
claimant, as the case may. be, is given
his day in court in Some manner.
The functions of the state board of
control are partly administrative and
partly judicial but it has been set
tied both in Oregon and Wyoming
that there are no powers or duties
assigned the state board of control
violative of the constitution in that
the board of control usurps the pow-l
ers of the courts.
The act provides for testimony to
be taken by water superintendent to
be furnished to the board of control
for its consideration in case of con-
troversies. This is a feature intend
ed to save time and expense for the
claimant. There is a provision for
hearing upon contests and the state
is secured by the requirement that a
deposit of the probable expense shall
be made by each party, and forfeit
ure to be declared as to the party or
who fail to sustain their
The state engineer is to keep
records of the flow of all streams
Of the state and keep records in his
office of these matters. All records
of the state engineer and board of
control are open to public inspection
md this feature is intended to be a
of the rights of all.
The duty of the division superin-
.endent aside from their work as
members of the board of control, is
n general to attend to the d~istribu-
ion of waters iii their respective di- /
under the direction of the
tate engineer. They have wide
lowers and may make their own reg
Ilations subject to the approval of
he state engineer. These are ap-
,ointed officers and are intended to ,
thoroughly responsible. They is {
instructions to the water mas :
ers under their supervision. A Ger a
ain police power is given to them I
nd also to the water masters. The 2
ounty or prosecuting attorney must 4
ppear for the water master or divi- ta
ion superintendent in cas- CT any q
1ntest in the courts. 7
The new code provides that water i
.ay be rotated between different :
sers in order to secure more eco
omical use. Certain penalties are =
'ovided for interference with head
ties, using or diverting more water
an is owned or refusal to obey the
.structions of the division superin-
ndent or water master or violating
cir instructions. There are provi-
Ons making it necessary for each
-rt owner in a partnership ditch, to
his share of the work or pay for
and there is a lien provided to SCI
re payments for necessary work
rformed on bitches when an owner
absent or refuses to do the work.
agreements between water users
ay be referred to water masters for
cision and such decisions appealed
)m. bitches must be kept in re-
ir and bridges must be built. When
ldges are necessary, the county
mmissioner can order them built
d if not paid for on demand can
cover the cost from the ditch own-
in a civil action. The spirit of
code is that land must be irri-
ted and made productive and somei
'ans must be taken to secure pay-
mt of the necessary expense of
I'll irrigation.
provision is made for rel
'voir construction and permits
,refor. The right to use the wa
8 so stored may be acquired by
Y person On such terms as he may
rec upon with the owner of the
Waters may, however, be
and stored water may be
ID in lieu of water diverted dir
ly from the stream. The statel
must inspect new construct
n when it Is of sufficient import
,e and he may inspect at any time
the instance of the owners of the
or other works.
Abandonment of water Is presum-
after five years of non-use. Upon
Indonment, the appropriation for
IS all rights. There is an adequate
for hearing upon declara-
of abandonment. The right of
lnent domain for the acquisition
any prOperty or lights Decnssar ny