feet per second or less, such fee shall be (5) five dollars. For all ditches or canals having a capacity of more than ten (10) cubic feet per second, such fee shall be at the rate of thirty (30) cents for each second foot of such capacity.

For examining the ditches and lands of the user at the time of making final proof of the application of water, a fee of two (2) dollars shall be paid to the State Engineer at the time of making such proof for each legal subdivision of forty (40) acres or fraction thereof to which such water may have been applied. For examining the ditches or other works and the place where such water is used, when such use is not for irrigation, a fee of five (5) dollars shall be paid the State Engineer at the time of making such examination and taking the proof of such use: Provided, That in the case of water used for irrigation where two or more users, whose lands join or who take water from the same common lateral, join in the publication of the notice of their intention to make such proof of application, a fee of one (1) dollar for each legal subdivision of forty (40) acres or fraction thereof receiving such water shall be paid to the State Engineer at the time of making such proof. For making certified copies of any papers on file in his office the State Engineer shall charge a fee at the rate of twenty (20) cents per folio. All fees received by the State Engineer under the provisions of this act shall be recorded in a fee book and shall at once be turned over to the State Treasurer and placed in the general fund of the State.

SEC. 11. All rights to the use of water acquired under this act or otherwise, shall be lost and abandoned by a failure, for the term of two years, to apply it to the beneficial use for which it was appropriated and when any right to the use of water shall be lost through non-use or abandonment, such right to such water shall revert to the State and be again subject to appropriation under this act: Provided, however, That any person owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of this act may voluntarily abandon the use of such water in whole or in part on the land which is receiving the benefit of the same, and transfer the same to other land. Such person desiring to change the place of use of such water shall first make

application to the State Engineer, stating fully in such application the reasons for making such transfer. Such application shall describe the land, the use of the water on which is to be abandoned, and shall describe the land to which it is desired to have such right transferred, and if such water is to be conducted to such land through another canal or lateral of from a different point of diversion than the one described in the license or decree of the court confirming such right, such facts shall be fully set out in such application, and, if the State Engineer shall require it, a plat showing the location of such land and ditches or canals or points of diversion shall be furnished by such applicant, and upon receipt of such application, the State Engineer shall examine the same and shall, provided, no one shall be injured by such transfer, issue to such applicant under the seal of his office a certificate authorizing such transfer, which certificate shall state the name of the applicant and shall contain a copy of the license or an abstract of the decree confirming the right to the use of water upon the land from which it is desired to transfer such right and a description of the land to which such right is transferred. And a fee of one dollar shall be paid the State Engineer by such applicant for such certificate of transfer issued by him, and such application and certificate shall be recorded by such State Engineer in a book kept for that purpose, and a notice that such transfer has been authorized shall be sent by the State Engineer to the water commmissioner of the district in which such land is situated, and such water commissioner shall notify the water master of the stream furnishing water for the irrigation of such lands of the transfer of such use, and such water master shall not thereafter divert onto the lands, the water for which has been so abandoned, any of such water, but shall divert such water from such stream so that it may be used on the lands to which such right has been transferred.

SEC. 12. Any person desiring to protest against the statements made by the person or persons submitting proof of the beneficial application of water in the published notice of their intention to submit such proof, shall file a statement with the State Engineer on or before the date set for such proof, stating clearly the reason for such protest, and stating the reason, if any, why a license should

not be issued confirming the right claimed. Such protest shall be based solely upon the statements in such notice and shall be sworn to by such protestant.

In issuing a license confirming any right to use water for beneficial purposes, the State Engineer shall be governed in his actions by the records relating to works from which such water is taken which may be on file in his office, and by the reports of the examination of such works, the place where such water is used, and the extent of such use as made by such engineer or his representative. And such license may confirm such claim in whole or in part, or such license may be refused, such determination depending upon the extent to which such claim is supported by such records, and such examination of the conditions relating to such use made on the ground under the authority of such State Engineer. If the State Engineer shall refuse to issue a license, the reasons for such refusal shall be recorded in a book kept for the purpose: Provided, That any one feeling himself aggrieved by the statements contained in the license issued by the State Engineer, or his refusal to issue such license may appeal therefrom to the district court of the county in which the place of use of the water claimed shall be situated. Such appeal shall be within sixty days from the date of such license or the refusal to issue such license, and shall be perfected when the appellant shall have filed in the office of the clerk of such district court a copy of the license, or, if such license shall not have been issued, a copy of the statement made by the State Engineer giving the reasons why such license was not issued, a copy of the protests against the issuing of such license filed in the State Engineer's office, and a copy of the report of the examination of the place of use of such water made under the authority of the State Engineer, and of other documentary proof in relation to such use which may be filed in the office of such engineer. Such copies of licenses, reports, protests and other proof shall be certified by the State Engineer as true copies. Such copies shall be filed in the office of such clerk together with a petition to such court setting forth the appellant's reason for appeal. Such appeal shall be heard and determined upon such competent proof as shall be adduced by appellant, and such like

proofs as shall be adduced by the State Engineer or some person duly authorized in his behalf.

SEC. 13. For the purpose of administering and controlling the public waters, the State of Idaho is hereby divided into three water divisions denominated water division No. 1, water division No. 2, water division No. 3.

SEC. 14. Water division No. 1 shall consist of all lands within this State drained by the Snake river and its tributaries as far west as American Falls, and all lands within this State drained by Bear river and its branches, and by other streams flowing on the slope of the Salt Lake basin.

SEC. 15. Water division No. 2 shall consist of all lands in this State drained by Snake river and its tributaries on the south side from Bruneau river and by the Snake river and its tributaries on the north side from American Falls to and including the Malad river, also all lands in this State drained by the streams flowing toward and sinking near the northern edge of the Snake river plains, and the lands in this State drained by the Salmon river and its tributaries as far west as the south fork of said river.

SEC. 16. Water division No. 3 shall consist of all lands within this State drained by the Snake river and its tributaries on the south side from the mouth of the Bruneau river to, and including the Owyhee river, and by the Snake river and its tributaries on the north side from the mouth of the Malad river to and including the Clearwater river, excepting that portion of the water shed of the Salmon river included in water division No. 2, and all that portion of the State lying north of the watershed of said Clearwater river.

SEC. 17. There shall be appointed one water commissioner for each of the water divisions by this act created, who shall be appointed by the Governor, with the consent of the Senate, and who may be removed for cause.

SEC. 18. One of said water commissioners first appointed, shall be appointed to hold office for a period of six years, one shall be appointed to hold office for four years, and one for two years, or until their successors are appointed and shall have qualified; but at the expiration of the first said terms of said office, said water commissioners shall each be appointed to hold office for a period of six years, or until their successors are appointed and shall have qualified.

Such water commissioners shall possess such theoretical knowledge of the science of hydraulics as will enable him to supervise the construction of such measuring devices as may be necessary to place in any ditch, canal or stream for the proper measurement of the water. He shall be acquainted with the streams of his district and shall be capable of instructing the water master who may be placed in charge of such streams in all matters in relation to the distribution of the water of such streams in accordance with the priorities of the rights of those using such waters. SEC. 19. Each commissioner shall reside in the water division for which he is appointed. The commissioner of each water division shall have immediate direction and control of the acts of the water masters and of the distribution of water from all the streams to the canals diverting therefrom in his division, and shall perform such duties as shall devolve upon him as a member of the Board of Irrigation. He shall also, under the general supervision of the State Engineer, execute the laws relative to the distribution of water in accordance with the rights of priority of appropriation.

SEC. 20. Said water commissioners shall each be paid ten dollars per day for every day actually consumed in the performance of his duties as such water commissioner: Provided, That no commissioner shall be employed in the duties of his office for more than one hundred and eighty days during each year.

For services performed as a member of the Board of Irrigation he shall be paid by the State Treasurer upon warrants drawn by the State Auditor for the time actually spent in performing his duties as a member of such board as shown by an itemized bill certified to by the State Engineer.

For services performed in supervising the distribution of the public waters of the streams within his division he shall be paid by the county in which such duties are performed, and shall present a sworn statement to the board, of county commissioners at a regular meeting of said board, which statement shall show the time spent and the duties performed, and the said board shall pay such bill by issuing to said commissioner a warrant drawn on the current expense fund of the county.

SEC. 21. Before entering upon the duties of his office