| Show IRRIGATION BILL PENDING IN HOUSE HaUSE AROUSES INTEREST I Measure Provides for Regulation Regulation Regulation Regula Regula- tion of Use of Waters of the State THREE MEN IN JN CONTROL State Engineer and Two Others to Settle Claims I I t Subject to Appeal o J I owing Diviner to widespread pread Interest In Jn 1 House bill Xo No 41 41 a measure affecting jill the irrigation IrrIS Interests t of or th the s state and nd the man many reQue requests ts ts that have been made for Information 3 as to the tle provision pro pro- ro I vision of ot the proposed la law vf la the has or ordered ered printed a n number of extra copIes collies of oC the thc bill for Cor distribution amon among those Interested Rut nut the number of ot j fr Interested I Is vasti vastly at moro more than he number of available coie copies cople nr- nr anti and The Jl publishes h the more important sections of the lie bill In full together with a synopsis ls of or the thc whole 4 bill Ul Much ar argument pro anti and con lias iia I ar arlit on In Irrigated lI over O tit tho by bill and und In sunn umeo instances 3 meet In s have hl been railed called to discuss the Is Is- IsI I JUes rues presented The bill hili wn i Introduced tl in Sn th the January 2 27 b by Representative John JOhnJ D. D of oC ehl 1 r. r It Il i Is entitled d An tri n 1 act ct providing n a for the rp regulation regu regu- u. u lation bUon control distribution u tn Hlf e antI and right to the me use of OL th the water anti and for tor determination of or existing existing- rights thereto within the t state tate of oJ Utah providing pro pro- viding penalties for 0 or It Its violation and appropriating money moner for the maintenance nance thereof antI and Sections Section 1267 1271 1 1 17 1 TS l l i. i lii 12 1277 I 1278 1273 1271 1282 i Compiled Com Corn piled Laws of oC Utah Oi and f Chapter Session J Law Jaw of oC Utah ant and Chapter Chap Chap- tel ter Ses Session lon Laws o of Utah t. h In 1911 I. I The measure reads as RS follow Section Ee tion 1 Water Vater Ili I The state of Utah IK is hel hereby IJ divided he Into 7 two water divisions hi ins as Water ate division No 1 t shall consist on i t U of all al althe the lands embraced within the following reunites to 10 wi vU Washington n h Kane Kalle San Juan Iron Garfield Beaver er Piute Wayne Millard 1 ilia Id I'd Sevier Sun San Pete I Erne Emery Gra Grand nd J Juab R ann and n rJ Ca Carbon rhon Yat WaTer er division IRlon Xo o. o 2 shall c t of oC all al th the landu embraced d within the thc remaining counte counties of Ut the state Sec 2 2 T Appointment M mid Term Of Ut There Thre ah hall baIt I be he h. h one superintendent s le for tor each water rater ateI division loJ who lal be he appointed b by th th governor o with ith ith tj the con consent ent of ot the senate who shall hold his office for br four years ear ears 01 or until his successor is appointed and qualified Each Kach of C fall fad superintendents shall h have 1 knowledge knowl I a EdS edge anti and i dative to the Ir Irrigation I ii 1 law av w and ant It its administration the theS S ment of flowing water evaporation evaporation e oration seepage and Ilu common alkalis drainage e an and the h features tea fea tures turfs of or th the tho state Sec 3 DigI Fal said division superintendent super super- shall have hn pr g nerl control over o the water commissioners within I hIM district Ho lie shall hat c execute the laws relative o to the rl distribution of cat If water vater In accordance with wih the r rights o of priority of appropriation and perform such Junction a as may be he n assigned sl net to him b by the tho state engineer He Ho shall shII In the distribution of oC water be governed go b by bythe bythe th the provisions of law Ian relating to water rights hut but for tha better beter dl discharge of oC his Ills duties rutes he shall shan hav have have w authority to tomake i nu make le other e regulations e to o secure I an I ot equal anti ana laU tair ui oi water ui iii II nc accordance orlance with wih the thc II lights of priority of appropriation as ns mR may In his judgment judg Judg- ment meat be le needed In his division o provided pro pro- vided such le regulations ton shall hal not bc be In violation of the laws law of nf the state of i Utah hut but shall be le m merely rely supplemental to tu and to enforce the necessary proS provisions pro pro- S visions of ot the general laws and amendments Sec rc c. c 4 4 From rOl Any ny person corporation or association who ma may doom himself or I Itself l Injured or 01 discriminated dis di- lM- lM criminated against by an any such order or I regulation of or such division l s shall have ha e the I light to tu appeal 7 from the uno to the hoard board of control b by 13 flin jung filing with it a copy COly of ut the order older or regulation complained of and a aa a statement o of tho nun mutter In which the 7 1 same panic fame Injuriously th the i I Interested The Fhe hoard board shall shah after due 1 notice hAal whatever testimony 1 J f be brought ht forward l by br the petitioner I either lher orl or air Ir It by y lt aHila affidavit and antI shall j have c th the tho power Jower to tu or amend mend hall S or confirm th the order erder complained of Sections G anti and aul i IHO Ic provide a salary of oC I I I a 2400 anti and t traveling expenses foi tot the lie lieI 1 I if division dl who s shall 1 of office of of- h lice fice In II Salt I ake lah Iak with the board of ol cont control and f furnish urn I ih n a l bond uon of ot The rite The bill bl continue I f See cc ce 7 i at of fr Control The state fn engineer nn and the the superintendents of oC the thE water 11 divisions IJ shall a aboard aboard aboard board pf pr control wh which ch shall hal under such luch regulations as ns may mav be SUb subscribed J I b by ly la law lahave have the supervision of or the waters of oC 11 the tua staT stale nn and of ot th their lr appropriation ap ap- apI I 4 distribution an and diversion f and of the various valous officers connected l therewith The h decisions lon of said board loard I sla shall ii 1 b h lie subject to appeal to th the dis el- el net and courts courin w kh appeal appell shall he be governed o b by the practice In suits of equity unless H otherwise it pro provided 10 vided d herein Said board shall have haen ha e I an SIT n office tile tho state engineer n at atthe atthe the capital an and shall hal hold hol two regular meetings each year ar for the transaction ton tion ton of such auch business a as ma may come com b be before be- be fore jt U. t. t the first of oC said amid meetings to besh IJ on un u the t er e. ond Wednesday In April and antI the second on the third Y In iut II l November The rIo BUttel state BUtte I l' l tn engineer shall h l be he ex ox officio president J of or said saI board and shall shat have a right to vote ote on nil questions coming before 11 J i It f A majority of f said saltI board shall con- con a quorum quorum to transact business The Tue board boar shall have o la power pow oer o'er to jo adjourn meetings 8 from time to i time Imo and to meet meE In n special session e lof at the call of the president or rr nn any two members I Notice of oC nn any special meeting must h be lx I Ei Riven b by hr i registered mall mat to each menu mem- memI I her three days the tle late date thereof hereof hut such euch meetings 1 rna may be hol hold at ut any ally lime when the members of tho board are present Section S provides a 1 secretary of the tho bOard beard of or control at no not to exceed 1500 per pc annum and 11 for for- such other othel assistants assistants assist assist- ants nt a as may he n necessary for the proper prOpel conduct of ot Its is business Section n 0 t. n Determination Upon a petition petton to the board of control contro signed h by 13 one or 01 more water Vater users UP upon any stream requesting the determination of oC the tho r ll rights ht of or the various allouf claimants claim claim- ants ante to the tHo use of or that tha t stream t sha shall I be the the duty lut of th tile the board oard of ot control If It upon Investigation atlon they find the facts and conditions are such Huch a as to justify to make malce a I determination of or th the said paid rl rights ht making examinations ons as will wil on- on n. n able them to determine the rights of or orth th the various claimants and fixing a time for or the be beginning of or taking t testimony In case suit sni Is 15 brought In the district court for or the determination o of rights right to the lt uc Isu of water the ca case Ina may In the discretion of oC the court be lx tr transferred to the board of of control for determination tion ton iou r ns as in this his act provided pro Notice otte of ot such luch sl und under r section see sec tio tion ton 10 must he be published at ifa t thirty days 18 prior to the h beginning s 01 ot taking of te testimony U non of of said division su so- so u- u ot The Tue superintendent tak tak- hug ing Int testimony Is If allowed the rower power to adjourn the taking of oC testimony time to time and Ind from place to place to suit sui the convenience con of or those Inter Inter- ested estel h The bUr bIll continues R Section 1 11 1 to It I shall hal hr he the tle duty dut of the said Raid division sUP superintendent to send en by re registered mail niall mi to toach ach l person elOn firm or 01 corporation corpora- corpora tion ton her I arh to In ta be Ie designated nat tu 1 as 1 claimant claiming the rl right ht to the II use useI e I of or an any of or the waters aters of at sal said stream a n i note notice setting forth the date when th the I superintendent will wil take t testimony a asto an as to the tile tl rights to the tile water of or Ial said I I stream Hald notice bo ho mist must mailed at least thirty days ia's prior to tu the late date set I her herein ln for 01 the Inking taking of te testimony Section I 12 of or I The rhe division superintendent shall In addition tn enclose o e with wih said notice a aJ form forni on which said claimant nt or owner shall present I In writing writing- iJ Tl th the J particular osary neer-osary ar f for r the lie determination nation of ot his rl rights ht to the wat waters I of oC the thc stream to which he ho lays claim IRim The Thc statement Is t to tn Include among other otiler things th the the- nature of the use ue Ulong on on which the claim for appropriation is If based the tue tl time of oC the tile commencement nt of or such ti u use e e. e dates ulMe of oC construction and and enlargement crent the tle te dimensions of or the ditch the lie date dat when the thc water was first used for Cor irrigation or other beneficial bene bene- purposes es and ani if iC used for or Irrigation irrigation tion th the amount of laud land reclaimed the thc first year car tho amount In sub subsequent years rears tars with th the dates daten of or reclamation and the he amount and gen general ta location of oftiE the tius tiE lend land said ditch 1 Is Intended to Irrigate gate atc the character of or the soil sol and the kinds of or crops cultivated and ant such other othor oth oth- th er or facts fact as ns will vill wil show M a compliance with th the law In acquiring the right Where here of claims have ha heretofore been filed In Iii the thc office of the clerk of r rth th lie court as S provided by hy section 1273 Compiled Laws Las s ur of f Utah Clail 1907 said aid statement state state- tat m mont ment nt of oC claim may mar be accepted 1 by the theli division l i lon superintendent as a proper compliance with whit the Ule requirements of this action These statements ar are to be bc under oath s Section 1 11 1 provides for Cor the t taking of testimony wh while Je section 1 lu 15 fixes a fee e eon on submission t of proof of oC appropriation of 1 1 for recording and In addition lf c for or each acre of or Irrigated at d land up Ip to and acres and antI lOc per acre for tor each acre In excess of oC 0 acres acrs up tip to and Including 1000 acres and rc ic to for each aCI acre In p excess cess of 1000 acres also tot for each aach theoretical horsepower horse horse- power up to and and Including 00 horsepower horse hors power ow I and c for Cor etch each horsepower el in excess of ot 00 and Ind up to and anti Including 1000 horsepower and lOc for each horsepower in excess of 1000 horsepower horsepower horcI horse horse- I I po power up to nOd and Including 2000 horse horse- er ant I nn r J. J c. c r. r t I In asIA 11 h l. l I I J. J minimum I f Ice fee f however for u aJ any claimant claimant claim claim- ant or 01 01 owner in such cn case e to he be 2 50 also a fe fee of or for forY any Y other character of or claim to the use of oC water anti and in addition additon th thereto Ido 1 l for each cach cubic foot OOt of of water per second claimed for or such use use The bill continues Sec 16 ll Upon llon on Completion of If IfIe Ie Testimony Upon the completion of ot the tal taking of testimony by hy the division superintendent It I shall be bc his h's dut duty at once to give gl notice by registered mall mail mal to th the various arous claimants that a at a c a time and named In tile the notice all aJ oCl of oC fild l evidence e shall hal be he opened to In- In of ur the various claimants and andI said superintendent shall shaH I. I kup J said evl I dence upon upen to Inspection at t said places not riot less I S than Ilan one ont day ulay and such uch other t lime n as may bp bo allowed b by the superintendent super super- Sec 1 17 i. i Should any an person per per- I FOI soul son corporation 01 or as association or or perSons persons per per- sons tons owning Ir-i Ir Irrigation works work or claiming claiming claim claim- I ing int al any Interest t In the th stream or streams Involved In In Itu the determination 1 desire desire- lre to contest nn any of oC the tho rl rights of or ortho tho the persons person corporation or loPs who have hae submitted their evidence to Lo the superintendents as aforesaid such ch pcr persons ont corporations or shall hal within five days after the tons expiration of or the tile period for tor public In Inspection In In- ott notify the tie superintendent In rIUn writing stating Mating with reasonable cerI certainty I cr-I of oC their proposed I the round contest which statement shall simp be he yen veri verified cr fied lu h by the affidavit 1 of or th the tho contestant bis a or attorney anul nd nl th the said Paul nl- nl vision ht n superintendent lt shall notify noth the tho said aid contestant and the person corporation corpo corno- ration or 01 association whose rl rights ht ar arc raton contested ted to appear before him at such convenient place as ns the superintendent shall designate in said notice Sec 18 hearing Said sup super superintendent In- In shall also fix fx the time and I place ilace for tor the hf hearing hearing- of or said contest I rn which date shall hal not be less Ics than thirty days nor nOl more than sixty days s 's from Crom the late th the notice Is served on th the per person on n association or corporation which notice nn and returns thereof shall hal be ho made inthe In Inthe the same i-ame lame manner as summons In civil cl 1 sections In the district courts of or this 45 state tO te Superintendents of dIvisions lon arc are given gien power to adjourn hearings s from tram time tl to time and to witnesses s e as I If for the district court court Sec 19 HI reQuires requires re- re Quires a n of oC 8 from each inch party art for tor each la day ho lie spent nt In taking evidence evi evl deuce dence In III n. n contest rho Tho deposit Is la re returned re re- turned to 1 the winner of tte tile the contest The losers losers' mono money goes oes to the general fund flint of or th the state All At evidence e IR I transmitted trans trails to board of OL control the rhe mil bill hil Co continue a t I n u Sec 21 1 and ni i Ir |
