ment provided by law to be filed by the water commissioner with the auditor and recorder of the county or counties through or into which said stream or streams shall flow, and shall be apportioned, collected and paid in the same manner as the expenses of water master and his deputies are apportioned, collected and paid, and the same shall constitute a lien upon real estate in the same manner and to the same extent as such expenses of the water master and his deputies. SEC. 36. During the time that said action shall be pending, and prior to a final adjudication therein, the use of the water of said stream or streams by the defendants in said action shall be under the control of the water commissioner, and, upon the application of the water master of such stream, shall be authorized to issue all needful orders and directions and prescribe all needful rules for the distribution of water to said defendants; pending a final determination of said action: Provided, Nothing herein contained shall be construed as depriving any person aggrieved of his right to apply for an injunction to restrain the defendants or one or more of them from the use of said water. SEC. 37. Whenever suit shall be filed in the district court for the purpose of adjudicating the priorities of rights to the use of water from any stream in the State and before such adjudication is made, the judge of such court shall request the State Engineer to make an examination of such stream and the canals and ditches diverting water therefrom and of all the land being irrigated by such canals and ditches and other works and the lands susceptible of reclamation therefrom in the manner provided in section thirty-three (33) of this act, and such State Engineer shall prepare a map showing such stream, canal and ditches and the lands thereunder as provided in such section and a statement which shall give the condition of such works, their capacity and the amount of land irrigated from each of such canals, ditches or other works and other essential features in relation to the reclamation of the lands tributary to such stream. And such map and statement shall be accepted as evidence in the determination of such rights by such court, and a copy of such map and statement shall be placed on file in the office of the State Engineer. Whenever the State Engineer shall make such examination at the request of the court or the judge thereof, the actual cost of making such examination by the State Engineer or his assistant and of preparing such maps and statement as shown by sworn statement of such costs prepared by such State Engineer, shall be paid by the persons interested in such suit for the determination of such priorities, the amount of such costs to be prorated by such court to the persons whose rights have been adjudicated by such suit. In case the State Engineer has already made such examination as provided in Section (33) of this act, he shall be requested by the court or the judge to furnish a certified copy of the records of the examination, which shall be brought up to date by a further examination on the ground by such engineer if need be, and such certified copies of such records shall be filed and received as evidence in such case as in this section provided. SEC. 38. In alloting the waters of any stream by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which such water is beneficially applied, and when such water is used for irrigation, the right confirmed by such decree or allotment shall be appurtenant to and shall become a part of the land which is irrigated by such water, and such right will pass with the conveyance of such land, and such decree shall describe the land to which such water shall become so appurtenant. And the amount of water so alloted shall never be in excess of the amount actually used for beneficial purposes for which such right is claimed: Provided, That in the case of works capable of diverting more water than is applied to a beneficial purpose at the time the rights of the person or persons owning or using such works are adjudicated by the court, the right only to the water beneficially applied at the time of making such allotment shall be confirmed by the court, and the court shall ascertain the amount of water which can be diverted through such works in excess of such quantity beneficially applied, and shall set a time when such amount shall be applied to the beneficial purpose for which it is intended, which time shall not exceed four years from the date of the decree issued by such court under such adjudication, and any person using any of such 251 water which was not beneficially applied at the time of such adjudication shall, before the expiration of the time set for such beneficial application, make proof of such beneficial use in the manner provided in Section seven (7) of this act, and such right, when confirmed in the manner provided in this act shall relate to the priority established by such court, and if such application of any of such water shall be made subsequent to such date, then the priority of the right to the use thereof shall be determined in the manner provided in Section eight (8) of this act. SEC. 39. Within thirty days from the passage of this act, it shall be the duty of the clerk of the district court in each of the counties of this State to prepare at the expense of the county and transmit without delay to the State Engineer by express or registered mail, a certified copy of the allotments of the various streams made by the district court and now on file in the offices of the district court in the various counties of the State: Provided, That said clerk may, in place of such transcript, transmit such original records of such decrees as are recorded in books kept for that purpose. Immediately upon receipt of said transcripts or said original records, it shall be the duty of the State Engineer to record them in a book kept for that purpose and to classify and arrange said decrees by placing all the rights to water of one stream and its tributaries together, and he shall send to each water commissioner a certified copy of the allotments made by the district court of all the streams within his district. And when an allotment of the waters of a stream shall be made by the district court, the clerk of such district court shall immediately prepare, at the expense of the county and transmit to the State Engineer a certified copy of the decree alloting such waters. SEC. 40. Upon receipt by such water commissioner of such certified copies of such decrees of allotment, such commissioner shall arrange all the decrees relating to each separate stream, and number them in the order of their priorities and shall cause them to be printed in a neat pamphlet form and shall supply each user of water on such stream with a printed copy of such decree. And such water commissioner shall, on or before the first day of January of each year thereafter, cause to be printed a list of all decrees or licenses which may be issued from time to time to the users of water from any stream within his district, such list to state the name of the person to which such decree or license has been granted, the date of the priority, of the right, the amount of water granted, the description of the land to which it is supplied, and the number of such decrees or licenses, which numbers shall be in the order of the priorities of the rights under decrees or licenses, and each user of water on such stream shall be provided with a copy of such list of rights, and the expense of printing such decrees and such lists of rights shall be borne by the users of water on such streams and shall be charged to such users as a part of the expenses of distributing water to such users, and shall be paid in the manner provided for the payment of the expenses and compensation of the water masters. SEC. 41. All rights to divert and use the waters of this State for beneficial purposes shall hereafter be acquired and confirmed under the provisions of this act. And after the passage of this act, all the waters of this State shall be controlled and administered in the manner herein provided, and all acts or parts of acts which may be in conflict with this act are hereby repealed. SEC. 42. Whereas an emergency exists this act shall take effect and be in force from and after its passage and approval by the Governor. Approved March 11th, 1903. HOUSE BILL NO. 151. AN ACT FIXING THE SALARY AND COMPENSATION OF CERTAIN OFFICERS OF THE EXECUTIVE DEPARTMENT OF THE STATE AND COMPENSATION OF THE JUSTICES OF THE SUPREME COURT. Be it enacted by the Legislature of the State of Idaho: SECTION 1. The Governor, Secretary of State, State Auditor, State Treasurer, Attorney General and Superintendent of Public Instruction, shall, during their continuance in office, receive for their services compensation as follows: Governor, five thousand dollars per annum; Secretary of State, two thousand four hundred dollars per annum; State Auditor, two thousand four hundred dollars per annum; Attorney General, three thousand dollars per annum; State Treasurer, four thousand dollars per annum; and Superintendent of Public Instruction, two thousand four hundred dollars per annum, State Mining Inspector, one thousand eight hundred dollars per annum, such compensation to be paid quarterly, as due, out of the State Treasury and to be in full for all services, by said officers, respectively, rendered in any official capacity or employment whatever during their respective terms of office; but no such increase of compensation shall affect the salaries of such officers during their present term in office: Provided, however, That the actual and necessary expenses of the Governor, Lieutenant Governor, Secretary of State, Attorney General and Superintendent of Public Instruction while traveling within the State, or between points within the State, or in the performance of official duties, shall be allowed and paid by the State; not, however, exceeding such sum as shall be appropriated for such purpose. No officer named in this section shall receive, for the performance of any official duty, any fee for his own use, but all fees fixed by law for the performance by either of them, of any official duty, shall be collected in advance, and deposited with the State Treasurer quarterly, to the credit of the State. SEC. 2. The salary of the Justices of the Supreme Court shall be four thousand dollars per annum, such compensation to be paid quarterly, out of the State Treasury; but no Justice of the Supreme Court shall be paid his salary, or any part thereof, unless he shall have first taken and subscribed an oath that there is not in his hands any matter in controversy not decided by him which has been finally submitted for his coonsideration and determination, thirty days prior to his taking and subscribing such oath. Approved the 14th day of March, 1903. HOUSE BILL NO. 152. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR AN LIFE INSURANCE IN THE STATE AND TO REPEAL EXIST |
