Show IRRIGATION LAWS = I 1 Hints for the Legislature Continued SEC 3ADY person or persons acting jointly or severally who hall have purchased and used water for irrigation for lands occupied by him her or them born any ditch or reservoir and shall not have cased 10 do o for the purpose or with intent tj procure water from come other source of supply shall have a right to continue to purchase water to the ame amount for hip her cr their land on paying or tendering the price Ihoreof fixed by the county commijaonera as above provided or if l no prica shall have been fixed by them the price at which the owners of such ditch or reservoir may be then selling water or did sell water the then hit preceding year This section thill not apply tJ the case of those who may have taken water as stockholders or shareholders after they shall have Bold or forfeited their shares or stock unless they shall have retained a right to procure such water by contract agreement or understanding and use between themselves and the owners of such ditch and not then to the injury of other purchasers of water from or shareholders in l the I same ditch SEC 4If at any time any ditch or reservoir from which water 13 or shall be drawn for irrigation shall not be entitled to a full supply of water from the natural stream which supplies sup-plies the same the water actually received into and carried by such ditch or held in such rosertoir shall be divided among all the consumers of water from such ditch or reservoir 03 well as the owners shareholders or stockholders therco as the parties purchasing water therefrom and parties taking water partly under and ay virtue of holding shares and patty by purchasing the same to each hia share pro rata according to the amount he she or they in cases in which several consumo water jointly shall be then entitled so tbat all owners and purchasers shall suffer from the deficiency arising from the cause aforesaid each in proportion to the amount of water to which he ehe or they should have received in case no euch deficiency of water had occurcd Next fcllpwa regulations for certain specified ditchca SECTION 16There shell ba ono water commissioner for cash of the abovenamed district and for each district hereafter formed who shall be appointed by the governor to be selected by him from persona recommended I recom-mended to him by the several boards of county commissioners of the counties coun-ties into which water ditricls may extend and the water commissioner eo appointed shall hold his office until his euccesaor ia appointed and qualified The governor shall by like selection and appointment fill all vacanciea which may be occasioned oc-casioned by death resignation or continued absence from the district I removal or otherwise Said count commissioners may from time to I I time recommend persons to be I I appointed as above provided and the I governor may at any time remove I any water commissioner in his discretion dis-cretion SEC 17That within ten days I after his appointment and before entering upon the duties of his office such water commissioner shall take and subscribe the oath ol office prescribed by the constitution of this SLate I SEC 1SIt shall be the duty of said water commissioners to divide I tbo water in the natural stream orj I streams of their district among tho several dthea taking water from the same according to the prior rights of each respectively in whclo or in part to shut and fasten or cause to be I shut and fastened by order given to I any sworn assistant sheriff or constable con-stable ol the county in which the I head of such ditch is situated tha headgates of any ditch or ditches I heading in any of the natural gtreama I of the districts which in a time of a scarcity ol water shall not be entitled Ito I I-to water by of tho reason priority of j i the rights of ethers below them on the same stream I SEC J9For the purpceo of hearing hear-ing adjucating and settling all questions ques-tions concerning the priority of appropriation of water between ditch j companies and other ownera of ofl dit hea drawing 0 water for irricotion I I purposes from the came stream or its tributaries within the same water district and all other questions of law and questons of right growing out of or in any way involved or connected therewith jurisdiction is hereby vested exclusively in the district court of the proper county but when any water district shall extend into two or more counties the district court of the county in which the fint regular term after the first day ol December in eaoh year shall soonest occur according to the taw l then in force shall be tbo proper court in which the proceedings tor said purpose 119 I hereinafter provided for shall be commenced but where said proceed logs shall be commenced by the eutry of an order appointing a referee in the manner and for tho purpose hereinafter in this act pro vm < j such court anall thereafter r retain exclusive jurisdiction of the I whole subject until final l adjudication I thereof is had notwithstanding any law to the contrary now in force SEC 200n or before the fifth I day of July AD 1879 the udge of r the district court having jurisdiction I over any water district for the purpose pur-pose provided above in this act shall appoint and cause tp be entered by the clerk of the district court an order appointing some discreet and competent person a referee of said court for the purpose of taking testimony and proofs in such water district Said referee shell take an oath in writing to be subscribed by him and filed with the clerk of said i court in substance the same as I prescribed by law to be taken by officers and shall receive a certified copy ol auch order and immediately I po ted to give nrtce by printed notices peeled in not less than ten public places in such water district I and oho by puUicaton not lea than four weeks in a public newspaper published in each or the counties into which such water districts district extend in which such a paper may be published which notices shall be posted and which newspaper publication lication shall be commenced not lee than four weeks before the time men honed in the same for commencing the taking of deposition and which shall stats the times and places at which the said referee shall attend in said water district to take and certify proof concerning the priority of right of all the ditches in the district and notify all persons interested in said matter to be present and exhibit proofs of their claims The number of places and their location shall be such as in the opinion of such referee ref-eree will bEst suit tho convenience of the people of the district and eaid referee shall attend at the time and places specified in said notice and proceed to take such proofs touching the priority of right connected with each district ditch or reservoir aa may be offered tro be continued |