papers relating to the application up to the recording of the permit to appropriate water, five dollars.

(b) For recording any permit, certificate of construction or license issued or any other water right instrument, one dollar for the first hundred words, and fifteen cents for each additional hundred words or fraction thereof.

(c) For filing any other paper necessarily forming a part of the permanent record of the water right application, per mit, or license, fifty cents.

(d) For issuing certificates of construction, or license to appropriate water, one dollar each.

(e) For making copy of any document recorded or filed in his office, fifteen cents for each hundred words or fraction thereof.

(f) For blue print copy of any map or drawing, ten cents per square foot or fraction thereof. For other copies of drawings, actual cost of the work.

(g) For certifying to such copies, one dollar for each certificate.

(h) For examining, in connection with water right applications, plans and specifications for any dam, not exceeding ten feet in extreme height from the foundation, ten dollars; for a dam higher than ten feet and not exceeding thirty feet, twenty dollars; for a dam higher than thirty feet and not exceeding fifty feet, thirty dollars; for a dam higher than fifty feet, fifty dollars; or for a canal or other water conduit of an estimated capacity exceeding fifty and not more than one hundred cubic feet per second, twenty dollars; for an estim ated capacity exceeding one hundred cubic feet per second, thirty dollars.

(i) For inspecting dam sites and construction work when required by law, ten dollars per day and actual and necessary traveling expenses. The fees for any inspection deemed necessary by the territorial engineer and not paid on demand shall be a lien on any land or other property of the owner of the works, and may be recovered by the territorial engineer in any court of competent jurisdiction.

(j) For rating ditches or inspecting plans and specificacations of works for the diversion, storage and carriage of water, at the request of private parties, not in connection with an application for right to appropriate water, actual cost and expenses; and the territorial engineer shall attach his approval to such plans and specifications if found satisfactory.

(k) For such other work as may be required of his office, such reasonable fees as the extent and character of the work shall justify.

(1) In ascertaining actual cost of any work, as the term is used in this section, the salary of any salaried officer for the time employed shall be included.

Sec. 10. The records of the office of the territorial engineer are public records, shall remain on file in his office, and shall be open to the inspection of the public at all times during business hours. Such records shall show all applications filed, with date of filing, and shall show in full all permits, certificates of completion of construction, and licenses issued, together with all action thereon, and all act.. ion or decisions of the territorial engineer affecting any rights or claims to appropriate water. Certified copies of any records or papers on file in the office of the territorial engineer shall be evidence equally with the originals thereof; and when introduced as evidence shall be held as of the same validity as the originals.

Sec. 11. The territorial engineer, subject to the approval of the board of water commissioners created by this act, shall make all necessary rules and regulations to carry into effect the duties devolved upon his office.

Sec. 12 The territorial engineer shall have the supervision of the apportionment of water in this Territory according to the licenses issued by him and his predecessors and the adjudications of the courts.

Sec. 13. The territorial engineer shall, from time to time, as may be necessary for the economical and satisfactory apportionment of the water, divide the Territory in conformity with drainage areas, into water districts to be designated by names, and to comprise as far as possible one or more distinct streams systems in each district. The districts may be changed from time to time as may, in his opinion, be necessary for the economical and satisfactory apportionment of water.

Sec. 14. The territorial engineer shall upon the written application of a majority of the water users of any district in this Territory, appoint a water master for such district in the Territory, who may, for cause, be removed by the territorial engineer, and shall be removed upon a petition of a majority of the water users of said district. The water master shall have immediate charge of the apportionment of waters in his district under the general supervision of the territorial engineer, and he shall so appropriate, regulate and control. the waters of the district as will prevent waste. The terri torial engineer may, if in his opinion the public safety or interests of water users in any district in the Territory require it, appoint such water master for temporary or per

manent service in such district, in the absence of the application above provided for.

Sec. 15. Any person may appeal from the acts or decisions of the water master, to the territorial engineer, who shall promptly and at a stated time and place, to be fixed by him, upon due notice to the parties, hear and determine the matter in dispute, and his decision shall be final, unless an appeal is taken to the board of water commissioners as provided in this act.

Sec. 16. The water master shall be allowed pay at a rate fixed by the territorial engineer, not exceeding four dollars per day and actual and necessary expenses in the performance of his duties. He may employ assistants in case of emergency, upon the specific authority of and at rates of pay as authorized by the territorial engineer, such employment to continue only during the existency of the emergency. The water master and the assistants employed by him shall be paid by the county, upon accounts approved by the territorial engineer. If the district is in more than one county, each county shall pay its proportionate part of each account rendered. The accounts of the water master shall in all cases specify the distribution of the amounts charged based upon the quantity of water received by each water user by each ditch owner in proportion to the total quantities delivered to all and shall show the charges to be allotted to each water user and ditch owner. The amounts paid by the counties shall be a lien upon the property of the water users and ditch owners, in accordance with the distribution thereof, as shown by the accounts of the water master, and shall be collected in the manner provided by law for the collection of taxes.

Sec. 17. Each water master shall report to the territorial engineer, as often as may be deemed necessary by the engineer as to the amount of water needed to supply the requirements of his districts the amount available, the works which are without their proper supply, the supply required during the period preceding his next regular report, and such other information as the engineer may require. These reports shall, at the end of each irrigation season, be filed in the office of the territorial engineer. The territorial engineer shall give directions for correcting any errors of apportionments that may be shown by such reports.

Sec. 18. Whenever requested so to do by any of the boards of commissioners of any of the counties of the Territory, it is hereby made the duty of the territorial engineer, either himself, or by any authorized assistant engineer, to co-operate with the said county commissioners in the en

gineering work required to lay out, establish and construct any drain to be used by any county or counties, or portions of the same, for the purpose of diverting flood waters, lakes, water courses, and in general to aid and assist the counties of this Territory or other authorized officers, in making preliminary surveys and establishing systems of drainage, or any other engineering work.

Sec. 19. The territorial engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the Territory, beginning with those most used for irrigation, and obtaining and recording all available data for the determination, development and adjudication, of water supply of the Territory; including the location and sur vey of suitable sites for dams and reservoirs and the deter. mination of the approximate water supply, capacity and cost of each. He shall be authorized to co-operate with the agencies of the United States engaged in similar surveys and investigations, and in the construction, of works for the development and use of the water supply of the Territory, expending for such purposes any money available for the work of his office, and may accept and use in connection with the operations of his department the results of the agencies of the United States.

Sec. 20. Upon the completion of such hydrographic survey of any stream system, the territorial engineer shall deliver a copy of so much thereof as may be necessary for the determination of all rights to the use of the waters of such system together with all other data in his possession necessary for such determination, to the attorney general of the Territory who shall, at the request of the territorial engineer, enter suit on behalf of the Territory for the determination of all rights to the use of such water, in order that the amount of unappropriated water subject to disposition by the Territory under the terms of this act may become known, and shall diligently prosecute the same to a final adjudication: Provided, That if suit for the adjudication of such rights shall have been begun by private parties, the attorney general shall not be required to bring suit: Provided, however, That the attorney general shall intervene in any suit for the adjudication of rights to the use of water, on behalf of the Territory, if notified by the territorial engineer that in his opinion the public interest requires such action.

Sec. 21. In any suit for the determination of a right to the use of the waters of any stream system, all those whose claim to the use of such waters are of record and all other claimants, so far as they can be ascertained, with reasonable diligence, shall be made parties. When any such suit has

been filed the court shall, by its order duly entered, direct the territorial engineer to make or furnish a complete hydrographic survey of such stream system as herein before provided, in order to obtain all data necessary to the determination of the rights involved. The costs of such suit, shall include the fees of witnesses, the taking of depositions and the fees of the officers for serving process and together with the costs on behalf of the Territory, shall be charged against each of the private parties thereto in proportion to the amount of water right allotted. The court in which any suit involving the adjudication of water, rights may be properly brought shall have exclusive jurisdiction to hear and determine all questions necessary for the adjudication of all water rights. within the stream system involved; and may submit any question of fact arising therein to a jury or to one or more referees, at its discretion; and the attorney general may bring suit as provided in Section 21 in any court having jurisdiction over any part of the stream system, which shall likewise have exclusive jurisdiction for such purposes.

Sec. 22. For the purpose of providing the money required for any surveys so ordered by the court, there is hereby appropriated and set apart from any moneys in the territorial treasury, except the fund for the payment of interest on the bonded debt, the sum of three thousand dollars, to be known as the "Hydrographic Survey Fund," which shall be a permanent fund and which shall be used only for the payment of the expenses of such surveys; and all claims for ser vices rendered, expenses incurred or materials or supplies furnished under the direction of the territorial engineer in the prosecution of said work shall be approved by the territorial engineer and properly vouchered and filed in the office of the territorial auditor, who shall, if he finds the same to have been incurred in accordance with law, audit and allow such claims and issue his warrants against the Hydrographic Survey Fund on the territorial treasurer in payment thereof.

Sec. 23. Upon the adjudication of the rights to the use of the waters of a stream sytem, a certified copy of the decree shall be prepared and filed in the office of the territorial engineer by the clerk of the court, at the cost of the parties. Such decree shall in every case declare, as to the water right adjudged to each party, the priority, amount, purpose, periods and place of use, and as to water used for irrigation, except as otherwise provided in this act, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority.

Sec 24. Any person, association or corporation, public