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fore the proper justice of the peace or the probate judge of such county against the person so arrested.

SEC. 27. Said water masters shall not begin their work until they have been called upon by two or more owners or managers of ditches, or persons controlling ditches, in the several districts by application in writing, stating that there is a necessity for the use of water, and they shall not continue performing services after the necessity therefor shall cease.

SEC. 28. Said water master shall have power, in case of emergency, with the approval of the water commissioner to employ suitable assistants to aid him in the discharge of his duties, who shall take the same oaths as the water master, and shall obey his instructions and shall be entitled to not to exceed three (3.00) dollars per day for every day he is employed, to be paid upon certificates of the water commissioner in the same manner as provided for the payment of water masters: Provided, That not more than one assistant shall be appointed to each twenty miles of the stream whose waters have been alloted.

SEC. 29. Water masters herein provided for shall each be entitled to pay at the rate of not to exceed four dollars per day for each day he shall be actually employed in the duties of his office. Said water master shall make up a sworn statement which shall be verified by the water commissioner, which statement shall show the number of days said water master had devoted to the distribution of such water, and the number of days his assistant or assistants have devoted to the same purpose, and such statement shall also show the volume of water, stated in cubic feet per second he has by virtue of the allotment of said waters, delivered to each user each day, and shall describe the lands to which said water was so delivered. The pay for the services of said water master shall be a charge against the land of the users to which said water was so delivered, the amount charged to each user bearing the same proportion to the total expense for the services of said water master and his assistants as the volume of water received by said user bears to the total volume delivered to all users by the said water master and his assistants. This statement which shall show the proper distribution of the said expenses among the various users, shall be filed with the auditor and recorder of the county or

counties in which the said water was delivered: Provided, That when any portion of the alloted waters are distributed by said water master to the canal of any duly organized canal company, the amount of the expense chargeable for such services shall be a charge against such canal, and the amount of such charge to be paid by the. county in the manner herein provided, shall be charged as a tax against such canal, which tax shall be collected in the manner provided by law for the collection of other taxes, and that no canal in this State shall be exempt from the payment of such a tax.

SEC. 30. A bill, based upon such statement for the services performed by the said water master and his assistants shall be presented at a regular meeting of the board of county commissioners who shall order a warrant issued to said water master or his assistants on the current expense fund of the county. The auditor and recorder of said county shall add to the amounts charged to the. land of the users and to such ditches to which said water was delivered, to the taxes of said land or ditches, as may be, for the following year, which shall be collected along with other taxes and be turned into the current expense fund of the county.

SEC. 31. The appropriator of any of the public waters of the State shall maintain, to the satisfaction of the water commissioner of the district in which such appropriation is made, a substantial head gate at the point where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water master or other officer in charge; and such appropriation shall construct and maintain, when required by the water commissioner, a rating flume or other measuring device as near the head of such ditch as is practicable, for the purpose of assisting the water master in determining the amount of water that may be diverted into said ditch from the stream. Plans for such rating flumes or other measuring devices shall be furnished by the State Engineer. It shall also be the duty of those taking water from a stream whose waters have been alloted, to place at suitable intervals on said stream, under the direction of the water commissioner of the division in which such stream is situated, suitable measuring devices, so that the flow of such stream may be properly measured. If any user or appropriator of public

waters that may or may not have been alloted, should neglect or refuse to put in such head gates or measuring devices as will provide for the proper distribution of said water according to the rights of the several parties entitled to the use thereof, after ten days' notice to do so by the water commissioner, it shall be the duty of said commissioner to put in such head gates, flumes or measuring devices at the expense of the county where the expense is incurred, and said water commissioner shall make up a sworn statement of the cost of such head gates, flumes or measuring devices, which shall be presented to the board of county commissioners at their first regular meeting after the performance of such work, and said county commissioners shall present a bill of costs to the owners of said ditch or ditches: Provided, That if the owner of any such ditch shall refuse or neglect for ten days after the presentation of such bill of costs to pay the same, or any other charge made against such ditch or the owner thereof under the provisions of this act, the water commissioner shall order the head gate of such ditch closed and locked, and such head gate shall remain closed and locked until such charge or charges shall be paid.

SEC. 32. Such water commissioner shall, in the distribution of water from the streams to the canals, be governed by this act and the practices followed by the irrigators on the various streams and under the various ditches in his district where such practices have for their object the economical use of the common water supply, but, for the better discharge of his duties, he shall have full authority to enforce such other regulations as may be devised by the Board of Irrigation as will secure the equal and fair distribution of water and tend to reduce the waste or loss from seepage or evaporation during irrigation to the minimum, or increase the efficiency of the quantities alloted to the irrigators.

SEC. 33. It shall be the duty of the State Engineer or some qualified assistant to proceed, as soon as may be after the passage of this act, to make an examination of the streams of the State (beginning with those whose waters have not yet been alloted), and the works diverting water therefrom, said examination to include the measurement of the discharge of said streams and the carrying capacity of the various ditches and canals diverting water

therefrom; an examination of the irrigated lands, and an approximate measurement of the lands irrigated or susceptible of irrigation, from the various ditches and canals, which said observations and measurements shall be reduced to writing and make a matter of record in his office, and it shall be the duty of the State Engineer to make or cause to be made, a map or plat on a scale of not less than one inch to the mile, showing, with substantial accuracy, the course of the stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of land which have been irrigated, and shall also note on such map the lands which are susceptible of irrigation from the ditches and canals already constructed. And such examination shall be made as rapidly as possible to include all the streams used for irrigation in the State. And the State Engineer shall indicate on such map the lands, the water rights for which have been adjudicated by the courts, noting on each tract the number of the priority' of such rights, and whenever an application for a permit to appropriate water from a stream shown on such map shall be allowed, such engineer shall indicate on such map the line of such canal or ditch or other works, and indicate by appropriate colors the lands to be irrigated by such works, and shall note thereon the number of such permit. And whenever proof is made that water has been beneficially applied from such works to any of such lands, and license shall be issued for the same as in this act provided, the number of such license so issued shall be at once noted on such map on the sub-division of such lands to which such license shall relate, and all these and other facts relating to the development of irrigation on such stream shall be carefully posted on such map.

SEC. 34. In cases where the waters of any stream used for irrigation, domestic or milling purposes have, by a decree of a court of competent jurisdiction, been adjudicated and alloted, it is hereby made the duty of the water commissioner of the district in which such stream is situated, within three months after the taking effect of this act, to forthwith institute an action in the district court of the county wherein such decree was entered and recorded, or if in more than one county, then in the county to be selected by such water commissioner, against any and all persons claiming a right to the use of the waters of said

stream or streams or either of them for purposes of irrigation, or for domestic or other purposes, and which persons shall not, for any reason, have been included in, or his right shall not have been settled and adjudicated by said decree, and against each and every party to said decree who shall claim or assert any right in addition, or of a date subsequent to the date of such decree. In entitling said action, it shall be sufficient to refer to the defendants as "all claimants of a right to the use of the water of (giving the name of the stream as given in said decree) whose rights have not yet been adjudicated." Service of summons upon said parties shall be by publication in a newspaper of general circulation published in the county where such decree is entered and through which said stream flows, and if in more than one county, then in some newspaper of general circulation published in each of said counties, in the same manner and for the same length of time as is now provided for publication of summons out of the district court, except that no affidavit to obtain order for publication of said summons, and no order for publication of the same shall be required, and the affidavit of the publisher, proprietor, business manager or editor of such newspaper that such summons has been duly published in such newspaper at least once a week for a period of not less than one month shall be conclusive evidence of such publication and of due service of said summons upon each and every of the defendants.

SEC. 35. Upon the filing of the said complaint by the said water commissioner, any person or persons, parties to said decree or claiming any right or rights thereunder, may appear by complaint in intervention, or answer, and contest the right of any or all of the parties defendant in said action to use the waters of said stream or any part or portion thereof, and the proceedings henceforth shall be conducted in the same manner as actions for the adjudication of water rights upon the streams of this State, and the decree rendered in said action shall be deemed a part of and supplementary to the original decree, to be enforced in the same manner. The costs and disbursements incurred by said water commissioner in the prosecution of said action, including a reasonable attorney's fee to be allowed by the court, shall be included in the sworn state

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