Show water rights eights arid and irrigation HOUSE BILL NO INO by committee on agriculture and irrigation an act in to water rights anil and irrigation and 1 making faking provisions regulating the sime same ca be it it enacted hv by the lei legislature stature of the st tie of utah I 1 the rights to the use of the waters of the state stale may be ba acquired by appropriation 2 the appropriation must be lor for some useful or beneficial pur pose and wilen when the appropriator or his successor in interest abandons or ceases to use we water for a period of seven years the right alases but questions of abaid abandonment on t shall hall bo be questions of fact and rhall hall bo be determine as are olber oher questions of fact 1 1 the person entitled to the use of nater n ater may mat the place of diversion and may extend t the he ditch flume pipe or acque duct iby by which the diversion is made to any place other than where the tha first use ue was made and may usa the witter water for other purposes Ees than that for which it was originally appropriated pria ted but no kerpon person shall change the place ot of usi use of water to the damage of his co owners in such right without just compensation 4 the water appropriated may be turned int othe channel of another stream or reservoir constructed across the bed of any natural stream and mingled with its waters and then tie lie re reclaimed claimed but in reclaiming it water already appropriated by another must not cot be diminished dimini thed in quantity or deteriorated in quality 5 all persons corporations or associations who have appropriated any of the waters of the st slate te for agricultural purpose zes or who may hereafter appropriate any of the waters of this state for agricultural or other useful or beneficial purposes from any streams springs or takes lakes within the state sate until all of ortho the said waters are or shall have to been een diverted from the streams springs spring or lakes when at their a average crage flo flow at low water watermark mark S shall 11 be deemed to be equal in rights to the said waters according to their vested rights 6 A secondary right to the ase ae of water for any useful or benefic beneficial i al p purpose may be appropriated sub eject to the perfect and complete use cfall of all prior rights to the extent of and reasonable necessity for such use thereof in the manner mander hereinafter prescribed under any of the following circumstances let whenever the whole of the waters aters of any natural stir ams water source lake spring or other natural course of supply has been taken diverted and used by prior appropriators for a part or parts of each year only and other persons shall subsequently appropriate any part or the whole of such water during any other part of such each year such persons shall be deemed to have acquired a secondary right 2nd and whenever at the t ame of any unusual increase of water exceeding seven years average flow of water at the same season of each year all the water of such average average 0 flow then being 0 used by prior appropriators and other persons shall appropriate and use such increase of water such persons shall be deemed t to 0 have acquired a secondary right 7 in ili ail cases where by bj virtue of prior appropriation any person may have diverted all the water of any stream or to such an extent that there shall not be an amount sufficient left therein for those having a subsequent right fight to tile the waters of paid aid streams and there shall at anytime any time be a duplus of water ater v so a diverted over and above w what hat is actually used by the prior appropriator such persons shall be required to turn arid and to cause to flow back into the stream str cain such i surplus water and upon failure to do so within twenty four hours afler afier demand being made upon him in writing by any person hav edg ng the right to the use of suh water the person so divert edg ng the same shall be liable to the person agri oved thereby for tho the amouak of damage 0 sustained after uch such notice to be recovered by ivil civil action by any person having a i right the use of such earplug water 8 any hereafter deir ing in to lo apar water must P ana IS c a I 1 no nolice tice in writing wilting in two conspicuous places one copy tit at the beart st 81 po poa t office to this the point of antt intended add diversion diver bion and one copy it at the point of nf intended diversion i therein isi the number of cubi feet feel per tecona claimed and 2nd the tha purpose is for which it is cit timed and tile place of if intended ue and it if fur for irrigation the num number ber of aar to bo be it ard 3rd tile the means of diversion with size of flu flume ditch pil pipe or aqueduct by which he ha inte rids to dirt it ath the date of appropriation 5 alq lh the name of appropriator 0 ment das dab after the late date of appropriation tile tha ap shall fite file for fon record ecord with the county recorder of the county lu in which such up appropriation if ia made a notice of appropriation which JD in addition to the facts required to be stated slated in tile the posted po terl notice as aa hereinbefore prescribed shall contain the name of the tha stream from which the diversion is made if such sin am have a name an and d if it have nut not such a deser description ip of the stream as will identify it il and an accurate description of the point of diversion on such stream with ith reference ference le to gome natural object or pei perna manent cent monument the notice shall be verified by the affidavit of the appropriator or some one in his behalf which affidavit must state that the no matters at and facts contained in the notice are true 10 within forty days after posting such notice the appropriator mut must proceed to prosecute the excavation or construction of the work by which the water appropriated is to be diverted and must prosecute tile the same with reasonable diligence to completion if the ditch or flume when constructed is inadequate to convey the amount of water claimed in the notice aforesaid the excess claimed above the capacity of the ditch or flume shall be subject to appropriation pria tion beany other in accordance with levith the provisions provision 3 ot oe this net act 11 A failure to comply with the provisions of this act deprives the appropriator of the ri right lit to the use of if water ater its as against a subsequent clairent clai ment who complies therewith but complying with the provisions of this act the right to the use of the water vaster shall bevc revan rt back to the date of posting the notice 12 persons who have heretofore acquired rights to the use ci of water may within one year after tle tie publication of this act file for record in the ohbee of the county recorder of the county in which the water ri right 0 bt is situated a declaration in writing except notice be already given of record as required by this act or a declaration in writing be already filed as aa required by this ee clion containing the same facts as aa required in the noties nolice provided lor for record in sections eight and nine dine of nf this act and verified ats as required in section nine in cases af fi notice of appropriation of water watery pro provided aided vided that a failure to comply with the requirements of this section shall in no wi liae work a ot of such heretofore acquired rights or prevent any any such claimant from establishing such ri rights ats in the courts I 1 13 the record provided in sections tion s nine anti anil twelve of this act when duly made shall be taken and received in all courts of this state as prima facie evidence of the statements therein contained 14 in any action h hereafter ere after commenced for tile the protection of rights acquired to water under the laws of this state scale the tha plaintiff may make any or all persons who have diverted water from the tha same stream or source parties to such puch action and the court may in one judgment settle the relative priorities and rights of all the parties to such action when damages are claimed for the wrongful diversion of water in any such action the sime may he be assessed asE essed and apportioned by the jury and judgment thereon way may be entered for or against on ona or more of several plain plaintiffs tiFe or for or against one or more of several defendants and may determine the ultimate rights of tile the parties between thern themselves selves in adv any action concerning joint water rights or joint rights in liter ditches unless partition partite o of the bame is ifred by the party to the action the court shall hear arid anil determine such cooer versy at if it the bame were so loverl verl as aa well weil a af joint concluded in our ourn next exl |