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 THE LIBRARY 
 
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 THE UNIVERSITY 
 OF CALIFORNIA 
 
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 IRRIGATION 
 
 AND 
 
 WATER RIGHTS 
 
 THE NEW LAW 
 
 As Amended by the Eleventh Session of the 
 Legislature of the State of Utah 
 
 1915 
 
 STAR PRINTING COMPANY 
 
 SALT LAKE 11 
 
IRRIGATION 
 
 AND 
 
 WATER RIGHTS 
 
 THE NEW LAW 
 
 As Amended by the Eleventh Session of the 
 Legislature of the State of Utah 
 
 1915 
 
 STAR PRINTING COMPANY 
 
 SALT LAKE CITY 
 
. 25" 
 
 TTTIJE 40. 
 
 IRRIGATION AND WATER RIGHTS 
 
 CHAPTER 1. 
 State Engineer. Water Rights on Streams, Etc. 
 
 Section 1261. Office of State Engineer created. Powers and 
 duties. There shall be a State Engineer, who shall be appointed 
 by the Governor of the State to be confirmed by the Senate. He 
 shall hold his office for the term of four years and until his suc- 
 cessor shall have been appointed and qualified. He shall have 
 general supervision of the waters of the State and of their meas- 
 urement, apportionment and appropriation, and of all division 
 superintendents and district supervisors. He shall have power 
 to make and publish such rules and regulations as he may deem 
 necessary from time to time to fully carry out the provisions of 
 this title and secure the equitable and fair apportionment of the 
 water according to the respective rights of appropriators. No 
 person shall be appointed to the office of State Engineer who has 
 not such theoretical knowledge and practical experience and skill 
 as shall fit him for the position. R. S. '98, Sec. 2451; '01, p. 141; 
 '03, p. 88; '05, p. 145. 
 
 1262. Salary and allowances. The State Engineer shall re- 
 ceive a salary of three thousand dollars per annum, payable in 
 quarterly installments by the State Treasurer upon warrants 
 drawn by the State Auditor. When the State Engineer is called 
 away from his office on official business, he shall be entitled to 
 his actual traveling expenses, which shall be paid out of any 
 money appropriated for that purpose, on the certificate of said 
 State Engineer, approved by the State Board of Examiners. 
 R. S. '98, Sec. 2451; '01 pp. 142, 143; '03, p. 89; '05, p. 145. 
 
4 
 
 1263. Office at Capital. The State Engineer shall keep his 
 office at the State capital. R. S. '98, Sec. 2451; '01, p. 142; '03, 
 p. 89; '05, p. 146. 
 
 1264. Oath and bond. Before entering upon the duties of 
 his office, the State Engineer shall take and subscribe an oath 
 before some officer authorized by the laws of the State to admin- 
 ister oaths, to faithfully perform the duties of his office. He 
 shall file with the Secretary of State said oath and his official 
 bond in the penal sum of five thousand dollars, with not less 
 than two sureties, to be approved by the State Board of Exam- 
 iners, and conditioned for the faithful discharge of the duties of 
 his office, and for the delivery to his successor or other officer 
 appointed by the Governor to receive the same, of all moneys, 
 books and other property belonging to the State then in his 
 hands or under his control, or with which he may be legally 
 chargeable as such officer. R. S. '98, Sec. 2451; '01, p. 142; '03, 
 p. 89; '05, p. 146. 
 
 1265. Report to Governor. The State Engineer shall pre- 
 pare and render to the Governor biennially, and oftener if re- 
 quired, full and true reports of his work relating to the matters 
 and duties devolving upon him by virtue of his office, which 
 biennial report shall be delivered to the Governor on or before 
 the 31st day of December of the year preceding the regular ses- 
 sion of the Legislature. He shall become conversant with the 
 waterways of the State, and its needs as to irrigation matters, 
 and in his reports to the Governor he shall make such sugges- 
 tions as to the amendment of existing laws or the enactment of 
 new laws as his information and experience shall suggest. He 
 shall keep on file in his office full and proper records of his 
 work, including all field notes, computations, and facts made or 
 collected by him, all of which shall be duly certified by him, and 
 be part of the records of his office and the property of the State. 
 All records, maps, and other papers recorded and filed in the 
 office of the State Engineer shall be open to the public during 
 business hours, and copies thereof, certified by said engineer, 
 shall be furnished on payment of the fees provided for by Sec- 
 tion 970x. R. S. '98, Sec. 2458; '01, p. 143; '03, p. 89; '05, p. 146. 
 
 1266. Duties of engineer. May be co-operative with Na- 
 tional Government. The State Engineer shall make a complete 
 hydrographic survey of each river system and water source of 
 the State, beginning such work upon those streams and sources 
 
which are most used for irrigation, and from the data so obtained 
 the State Engineer shall construct maps, which shall exhibit the 
 essential facts relating to the supply, diversion, and use of the 
 water of each of such river systems or water sources. He shall 
 also collect such other facts as will, in his judgment, aid in 
 ascertaining the existing rights to the use of the water and in 
 determining the volume of the surplus or unappropriated water, 
 if any, of each of such streams or sources. He shall have general 
 supervision of the appropriation of all surplus or unappropriated 
 water in the manner provided by law. Said surveys and collec- 
 tions of facts shall include the location of all suitable sites for 
 dams and reservoirs, and a determination of the approximate 
 capacity and cost of each. In doing such work, the State Engineer 
 may co-operate with the agencies of the National Government 
 engaged in similar work within the State, for the purpose of 
 interchanging information and avoiding the unnecessary duplica- 
 tion of work. The State Engineer shall have a seal which he 
 shall affix to all certificates issued from his office. R. S. '98, Sec. 
 2452; '01, p. 142; '03, p. 89; '05, p. 146. 
 
 1267. Id. Notice to be given. Before commencing the 
 hydrographic survey of any river system or water source, the 
 State Engineer shall cause notice to be published in some news- 
 paper having general circulation on said river system or water 
 source, stating the time and place of beginning said survey, and 
 said notice shall be published continuously in said newspaper for 
 a period of not less than fifteen days immediately prior to the 
 commencement of said work. '03, p. 90; '05, p. 147. 
 
 1268. Must examine plans of dams exceeding five feet in 
 height, and inspect dams. Duplicate plans, drawings, and speci- 
 fications for any dam above five feet in height, across the natural 
 channel of a running stream, or of any other dam intended to 
 retain water above ten feet in height, shall be submitted to the 
 State Engineer for his approval, who shall examine such plans, 
 drawings, and specifications, and, if he approves the same, he 
 shall return one copy of each such plans, drawings, and speci- 
 fications, with his approval, to the party or parties submitting 
 the same, and file the other in his office. If the State Engineer 
 disapproves any of such plans, drawings, or specifications, he 
 shall return the same, with his reasons for such disapproval. 
 The State Engineer shall have authority to keep an inspector on 
 
any such dam during the construction thereof, and to see that 
 the work is done in accordance with the plans, drawings, and 
 specifications, and the State Engineer may require the parties 
 constructing the same to make any additions or alterations during 
 the construction which he considers necessary for the security 
 of the work, the safety of persons, or the protection of property. 
 Any person, corporation, or association beginning the construc- 
 tion of any such dam before the plans, drawings, and specifica- 
 tions shall have been submitted to and approved by the State 
 Engineer, or proceeding with such work in the absence of an 
 inspector appointed by the said engineer, or who shall fail to 
 comply with any of the requirements made by him in pursuance 
 of this section, shall be guilty of a misdemeanor. R. S. '98, Sec. 
 2453; '01, p. 146; '03, p. 90; '05, p. 147. 
 
 1269. Id. Dam or works examined, when. Should any per- 
 son, corporation, or association residing on or owning land in the 
 neighborhood of any completed dam or diverting works, apply to 
 the State Engineer in writing, requesting an examination of such 
 dam or works, the State Engineer may order an examination 
 thereof. Before doing so, he may require the applicant for such 
 examination to deposit a sum of money sufficient to pay the 
 expenses of the examination, and in case the application appears 
 to him not to have been justified, he may cause the whole or 
 part of such expense to be paid out of such deposit. In case the 
 request appears to the State Engineer to have been justified, he 
 may require the owner of the works to pay the whole or any 
 part of the expenses of such examination. R. S. '98, Sec. 2456; 
 '01, p. 146; '03, p. 90; '05, p. 148. 
 
 1270. Id. May inspect ditches, etc., and require alteration. 
 The State Engineer shall have authority to examine and inspect, 
 during construction, any ditch or other diverting works, and, at 
 the time of such inspection, he may order the parties construct- 
 ing the same to make any addition or alteration which he con- 
 siders necessary for the security of such works, the safety of 
 persons, or the protection of property. Any person refusing or 
 neglecting to comply with such requirements of the State En- 
 gineer shall be guilty of a misdemeanor. But the provisions of 
 section* 1268-1270 shall not apply to works constructed by the 
 National Government. '03, p. 91; '05, p. 148. 
 
 1271. State Engineer to bring action to determine water 
 rights; jurisdiction of District Court. When the State Engineer 
 
has completed the hydrographic survey of any river system or 
 water source, he shall file a written statement with the clerk of 
 the district court of the county in which the same is situated, 
 or if the system or source extends into more than one county, 
 the statement should be filed in any county which embraces any 
 part of such river system or water source that the State Engi- 
 neer shall select as most convenient for the water users of the 
 system or source. Said statement shall set forth the fact of the 
 completion of such survey, the names and postoffice addresses of 
 all persons, corporations, and associations using water of said 
 river system or water source, so far as the same are known to 
 the State Engineer, and shall contain such other facts and infor- 
 mation as he may deem necessary. On the filing of such state- 
 ment, the district court in the county where the same is filed 
 shall have exclusive jurisdiction to determine all water rights on 
 said river system or water source, in accordance with the pro- 
 visions of this Title. '01, p. 143; '03, p. 91; '05, p. 148. 
 
 1272. Id. Notice to be given to claimants to file statements. 
 Within thirty days after the filing of the statement mentioned 
 in the next preceding section, the clerk of the court in which 
 the same shall be filed must give public notice that all persons 
 claiming the right to the use of any water of said river system 
 or water source must file a written statement with the clerk of 
 said court, within six months after the first publication of said 
 notice, setting forth their respective claims to the use of such 
 water, which notice shall be published at least once a week for 
 three successive months in some newspaper printed and pub- 
 lished within the boundaries of said river system or water source 
 and having a general circulation therein; or, if there be no such 
 newspaper, then it shall be published in some newspaper printed 
 and published in this State and having a general circulation on 
 said river system or water source. The clerk of said court shall 
 also mail, by registered letter, to each of the persons, corpora- 
 tions, or associations whose names and addresses are given in* 
 such statement filed by the State Engineer, a copy of said 
 notice, and a blank form on which said claimant shall present, in 
 writing, as provided in the next succeeding section, all the par- 
 ticulars relating to the appropriation of the water of said river 
 system or water source to which he lays claim. '03, p. 91; '05, 
 p. 148. 
 
 1273. Id. Claimants to file statements of water rights with 
 
the Court. Each person, corporation or association claiming 
 the right to use any water of said river system or water source 
 shall, within six months after the first publication of the notice 
 provided for in the next preceding section, file in the office of 
 the clerk of the court giving said notice, a statement in writing, 
 which shall be signed and certified by the oath of the claimant, 
 and shall include as near as may be the following: The name 
 and postoffice address of the person, corporation, or association 
 making the claim; the nature of the use on which the claim of 
 appropriation is based; the flow per second of water used and 
 the time during which it has been used each year; the name of 
 the stream or other source from which the water is diverted; 
 the place on such stream or source where the water is diverted, 
 and the nature of the diverting works; the date when the first 
 work for diverting the water was begun, and the nature of such 
 work; the dimensions, grade, shape, and nature of the diverting 
 channel, as originally constructed; the date when the original 
 diverting channel was completed; the date when the water was 
 first used, the flow per second and the time during which the 
 water was used the first year; the date and nature of each sub- 
 sequent change made in the original diverting channel; the flow 
 per second of the water used and the time it was used each year 
 between each of the changes so made, and the dimensions, grade, 
 shape, and nature of the present diverting channel; the place 
 where and the manner in which the water was first used; the 
 nature of each subsequent change in the place or manner of use, 
 and the place and manner of present use; and such other facts 
 as will clearly define the extent and nature of the appropriation 
 claimed. If the water claimed to have been appropriated is used 
 for irrigation, the statement shall show, in addition to the above 
 required facts, the area of land irrigated the first year and each 
 subsequent year; the total area at present irrigated, and its loca- 
 tion in the section, township, and range wherein it is situated; 
 'the character of the soil and the kind of crops raised during 
 the first year of use and the first year after each subsequent 
 change of channel, and during the last year in which the water 
 was applied. 
 
 If the water claimed to have been appropriated is used for 
 developing power, the statement shall show, in addition to the 
 above required facts, the number, size, and kind of water wheels 
 employed; the head under which each wheel is operated; the 
 extent of the power produced, and the purposes for which and 
 
9 
 
 the places where it is used; and the point where the water is 
 returned to the natural stream. 
 
 If the water claimed to have been appropriated is used for 
 mining, the statement shall show, in addition to the above re- 
 quired facts, the name of the mine and the mining district in 
 which it is situated; the nature of the material mined, and the 
 place where the water is returned to the natural channel of the 
 stream. Within sixty days after the expiration of the six months 
 allowed for filing statements of claims, the State Engineer shall 
 tabulate the facts contained in the different statements filed; a 
 copy of said tabulation shall be immediately filed in the office of 
 the clerk of said court, and a copy in the office of the county 
 recorder of each county which embraces any part of said river 
 system or water source. '03, p. 92; '05, p. 149. 
 
 1274. Id. Statement to be filed. Failure to make state- 
 ment a bar. The clerk of said court shall enter the statement 
 in a book to be kept for that purpose and shall file and preserve 
 the same in his office, noting the date of filing. The filing of 
 each statement shall be considered notice to all persons of the 
 claim of the party making the same, and any person failing to 
 make and deliver such statement of the claim to the clerk of 
 the court within six months after the first publication of the 
 notice provided for in the next preceding section shall be forever 
 barred and estopped from subsequently asserting any rights 
 theretofore acquired to the -use of water of said river system or 
 water source, and shall be held to have forfeited all rights to 
 the use of said water theretofore claimed by him; provided, 
 that any claimant upon whom no other service of said notice 
 shall be made than by publication in the newspaper may apply 
 to the court for permission to file a statement of claim after 
 the time therefor has expired, and the court or judge thereof, 
 may extend the time for filing said statement, not exceeding one 
 year from the first publication of said notice; but, before said 
 time is extended, the applicant shall give notice by publication 
 in some newspaper having general circulation on said river 
 system, to all other persons interested in the water of that river 
 system or water source, and shall make it appear to the satis- 
 faction of the court that during the pendency of the proceedings 
 he had no actual notice thereof in time to appear and file a state- 
 ment and make proof of his claim; and all parties interested, 
 may present affidavits as to the matter of actual notice of appli- 
 cation. '03, p. 93; '05, p. 150. 
 
10 
 
 1275. Id. Referee to be appointed. At the expiration of 
 six months after the first publication of the aforesaid notice, the 
 district court of the county in which said statements of claim 
 have been filed may appoint a referee or referees, not exceeding 
 three, to take testimony and determine th rights of said claim- 
 ants to th use of the water of said river system or water source, 
 as in other equity cases. Any claimant may object to the ap- 
 pointment of any person as referee for the same cause for which 
 challenges for cause may be taken to a petit juror in the trial 
 of a civil action. Such objection must be heard and disposed of 
 by the court, or a judge thereof, and affidavits may be read and 
 witnesses examined concerning the same. '03, p. 93; '05, p. 151. 
 
 1276. Id. Oath. Power of referee. The referee or referees, 
 before proceeding to hear any testimony, must be sworn well 
 and truly to hear and determine the facts and issues referred to 
 them, and true findings render according to the evidence, and 
 he or they shall have power to administer oaths to all witnesses 
 produced before him or them. '03, p. 93; '05, p. 151. 
 
 1277. Id. Statements in place of pleadings. Maps and 
 records of engineer's office evidence. The statements filed by 
 the claimants shall stand in the place of pleadings, and issue 
 may be made thereon. They shall, unless the court determines 
 the matter itself without a reference, be referred and delivered 
 to the referee or referees, with all other files and papers relat- 
 ing to water claims of said river system or water source, includ- 
 ing the statement and map filed by the State Engineer, who 
 shall, before the expiration of the six months allowed for filing 
 statements of claim, as aforesaid, file with the clerk of said 
 court, and with the county recorder of each county which em- 
 braces any part of said river system or water source, a copy 
 of the map of said river system or water source, made in pur- 
 suance of his survey thereof; and whenever requested so to do, 
 the State Engineer shall furnish the court or referee or referees 
 with any information which he may possess, or copies of any of 
 the records of his office which relate to the water of said river 
 system or water source; and in all proceedings for the determi- 
 nation of the rights of claimants to the water of said river sys- 
 tem or water source, the said maps and records, or certified 
 copies thereof, shall be competent and prima facie evidence of 
 the facts stated therein or delinated thereon. '03, p. 93 ; '05, 
 p. 151. 
 
11 
 
 1278. Id. Amendments permitted. Powers of referee. The 
 referee or referees shall have power to allow amendments to any 
 statement or pleadings, as the court might do, and upon the same 
 terms and with like effect. He or they shall have power, and 
 it shall be the duty of the court, or referee or referees to take 
 testimony at such times and places within the boundaries of the 
 river system or water source as may be convenient to the re- 
 spective claimants interested, and the court, or referee or 
 referees, shall determine the rights of all said claimants as 
 hereinafter provided. The court, referee or referees shall give 
 not less than fifteen days' notice to the claimants, stating when 
 and where he or they will begin to take testimony; said notice, 
 shall be published in some newspaper having general circulation 
 on said river system or water source; and, upon the date named 
 in the notice, the court, referee or referees shall begin to take 
 the said testimony, and shall continue the same until all the 
 testimny relating to claims to water of said river system or 
 water source is completed; provided, that a notice shall be 
 served upon each claimant at least fifteen days before the testi- 
 mony upon his or its claim, stating the time and place, when and 
 where such testimony will be taken; and said notice shall be 
 served in the same manner as a summons issued out of the dis- 
 trict court. But he or they may grant adjournment from time to 
 time as occasion may require and during all of said time the 
 map or maps and other records furnished by the State Engineer, 
 as hereinbefore provided, shall be opened to the inspection of 
 all parties interested. '03, p. 94; '05, p. 151. 
 
 1279. Id. Any interested party may contest.. .Any person, 
 corporation, or association owning any irrigation works, or claim- 
 ing any interest in the water of said river system or water 
 source, may contest the rights of any person, corporation, or 
 association that has filed statements of claim for any water of 
 said river system or water source, by filing a written statement 
 of the grounds of such contest with the clerk of said court, within 
 thirty days after the filing of the tabulation of facts provided for 
 in section 1273; which statement of contest shall be verified by 
 the oath of the contestant. Upon the filing of said contest the 
 referee or referees shall fix the time for hearing the same, which 
 date shall be not less than thirty days nor more than sixty days 
 from the time when the notice is served on the party, which 
 notice and the return thereof shall be made in the same manner 
 
12 
 
 as summons is served in civil actions in the district courts of 
 this State. '03, p. 94; '05, p. 152. 
 
 1280. Subpoenas for witnesses. The referee or referees 
 shall have power to issue subpoenas to witnesses which shall 
 be served in the same manner as subpoenas issued out of the 
 district court, and all witnesses so subpoenaed shall attend and 
 testify, and produce books and papers and documents, as re- 
 quired, before such referee or referees, and said witnesses shall 
 receive the same fees as in civil cases in the district court, to be 
 paid by the party or parties against whom the contest shall be 
 finally determined. '03, p. 94; '05, p. 152. 
 
 1281. Id. Referees' findings. On the completion of the 
 evidence, the referee or referees shall state, in writing, the 
 facts found by him or them, as to each claim submitted, and 
 the conclusions of law in relation thereto, separately, and shall 
 report the same, with a form of decree to the district court; and 
 said court may review said report and enter decree thereon, or 
 set aside, alter, or modify the same and enter decree thereon 
 so altered or modified, and, when necessary, may require the 
 referee or referees to amend his or their reports. All the testi- 
 mony taken by any referee or referees shall be stenographically 
 reported, and the same, together with all other evidence in the 
 matter, shall be transmitted to, preserved, and filed in the office 
 of the clerk of said district court, with the report of such referee 
 or referees. Notice of the filing of the report of the referee or 
 referees shall be given by the clerk, as the court may direct; and 
 exceptions to the findings and report of the referee may be taken 
 by the parties, as the court shall prescribe by rule. '03, p. 95; 
 '05, p. 152. 
 
 1282. Id. Effect of decree. The decree shall determine and 
 establish the rights of the several claimants to the use of the 
 water of safd river system or water source; and among other 
 things shall set forth the name and postoffice address of the 
 person, corporation, or association entitled to the use of the 
 water; the quantity of water in acre-feet or the flow of water in 
 second feet to be used; the purpose for which the water is to 
 be used; the time during which the water is to be used each 
 
 the name of the stream or other source from which the 
 water is diverted; the priority number of the right; the date of 
 the right, and such other matter as will fully and completely 
 
13 
 
 define the right of said person, corporation, or association to the 
 use of the water. '03, p. 95; '05, p. 153. 
 
 1283. Id. Decree may be appealed from. The decree so 
 entered by the district court may be appealed from to the su- 
 preme court, in like manner as from decrees and judgments in 
 other cases; provided, that such appeal shall be taken within 
 six months after the entry of said decree, and all proceedings on 
 appeal shall be conducted according to the provisions of the 
 code of civil procedure, and the practice on appeals from the 
 district court to the supreme court. '03, p. 95; '05, p. 153. 
 
 1284. Id. Certificate of water right to be issued. If no 
 appeal is taken from said decree within six months after the 
 same has been entered, or, if the case is appealed, within thirty 
 days after the final decree is entered, it shall be the duty of the 
 clerk of the court making said decree to issue to each person, 
 corporation, or association having been awarded the use of water 
 by said decree, a certificate in duplicate, attested under the seal 
 of the court, setting forth the substance of said decree, as 
 specified in Section 1282. One copy of said certificates shall be 
 transmitted, in person or by registered mail, to the appropriator, 
 who shall, within thirty days, have the same recorded in the 
 office of the county recorder of the county in which the water is 
 diverted from its natural channel, and the other shall be de- 
 livered to. the State Engineer, and filed in his office as part of 
 the records thereof. The letter "A" shall be prefixed to the 
 priority number of each certificate so issued to distinguish it 
 from certificates issued by the State Engineer. '03, p. 95; '05, 
 p. 153. 
 
 1285. Proceedings when Judge or Referee is claimant. If 
 the referee shall be a claimant to any water of said river system 
 or water source, all testimony and evidence pertaining to his 
 claim shall be taken by the district court of the county in which 
 the statements are filed; and if the district judge is a claimant 
 of any of the water of said river system or water source, he shall 
 file his statement in the district court of the adjoining district, 
 and a copy of the statement in the court of his own county. In 
 such case the court of the adjoining district shall receive and 
 act upon the referee's report and enter decree in the matter. 
 
 For the purpose of advancing the money required for the 
 expenses of district judges, compensation and expenses of 
 referees and compensation and expenses of stenographers, as 
 provided in Sections 1272 to 1285, inclusive, Compiled Laws of 
 
14 
 
 Utah, 1907, there is hereby appropriated and set apart from any 
 moneys in the general fund in the State Treasury the sum of 
 $8,000, to be known as "Adjudication of water rights fund," 
 which shall be a permanent fund and which shall be used only 
 for the payment of expenses as provided herein. 
 
 The sums allowed by the State Board of Examiners, upon 
 certificates of the proper district judge to the State Auditor, for 
 expenses and services paid from the "Adjudication of water 
 rights fund," as herein provided, shall at the conclusion of a 
 water adjudication be certified by the State Auditor to the judge 
 and clerk of the court in which said adjudication has been made, 
 and the same shall constitute a part of the costs and disburse- 
 ments in said cause. The court, at the time of entry of final 
 judgment in said cause, shall adjudge and determine the propor- 
 tionate amount of such cost of adjudication, to be paid by each 
 of the parties of said action; and the respective sums so appor- 
 tioned are hereby declared to be a lien upon the lands and water 
 rights of the said parties, and the said respective sums shall be 
 entered by the auditors of the proper counties upon the assess- 
 ment roll of the county in which the property is situated oppo- 
 site the names of the parties respectively required to pay the 
 same, and said sums shall be collected in the same manner and 
 at the same time as other taxes are collected, and shall be 
 placed in a separate fund, to be remitted to the State Treasurer 
 at the same time that other taxes are remitted and be placed 
 by said treasurer in the "Adjudication of water rights fund." 
 
 CHAPTER 104. 
 Session Laws, 1911. 
 
 Section 1. Additional duties of State Engineer. In addi- 
 tion to the duties now prescribed by law, the State Engineer 
 shall divide the State into water districts, said districts to be so 
 constituted as to secure the best protection to the claimants 
 for water, and the most economical supervision on the part of 
 the State; said water districts shall not be created until a 
 necessity therefor shall arise; provided, that no water district 
 shall include more than one county. 
 
 Sec. 2. Water Commissioners. How appointed. Term. 
 There shall be appointed by the Board of County Commission- 
 ers one water commissioner for each water district, who shall 
 
15 
 
 be selected from persons recommended by the State Engineer. 
 Each commissioner shall hold his office until his successor is 
 appointed and shall have qualified; said Board of County Com- 
 missioners shall, by like selection and appointment, fill all va- 
 cancies which may occur in the offices of water commissioners, 
 and may at any time remove any water commissioner for failure 
 to perform his duties as said water commissioner. '15, p. 115. 
 
 Sec. 3. Id. Bond. Every water commissioner before enter- 
 ing on his duty shall give a bond to the State in the penal sum 
 of $1,000 for the faithful performance of his duty. 
 
 Sec. 4. Id. Powers and Duties. The water commissioners 
 appointed under the provisions of this Act shall be ex-officio 
 officers of the courts within their respective water districts to 
 carry into effect the decree of such courts in relation to the 
 division or distribution of water used within any water district 
 created by the provisions of this act, and it shall further be the 
 duty of the said water commissioner, to divide the water of the 
 natural stream or streams of his district, among the several 
 ditches and reservoirs taking water therefrom, according to the 
 prior right of each, respectively, in whole or in part, and to 
 shut and fasten, or cause to be shut and fastened, the headgates 
 of such ditches, and shall regulate or cause to be regulated, the 
 controlling works of reservoirs, in times of scarcity of water, as 
 may be necessary by reason of the priorities of right existing in 
 said natural streams of his district. Such water commissioner 
 shall have authority to regulate the distribution of water among 
 the various users under any partnership ditch or reservoir where 
 rights have been adjudicated, in accordance with existing de- 
 crees. Whenever in the pursuance of his duties, the water com- 
 missioner regulates a headgate of a ditch or the controlling 
 works of a reservoir, it shall be his duty to attach to such head- 
 gate or controlling works, a written notice, properly dated and 
 signed, setting forth that such headgate or controlling works has 
 been properly regulated, and is wholly under his control and 
 such notice shall be a legal notice as to the facts therein con- 
 tained to all parties interested in the division and distribution 
 of water of such ditch or reservoir. It shall be the duty of the 
 county attorney to appear and defend any water commissioner 
 who shall be made a defendant in any case which may arise 
 in the pursuance of the official duties of such officer within the 
 county of said attorney. 
 
16 
 
 Sec. 5. Id. Said water commissioner shall as near as may 
 be, divide, regulate and control the use of the water of all 
 streams within his district, by such closing or partial closing 
 of the headgates as will prevent the waste of water or its use 
 in excess of the volume to which the appropriator is lawfully 
 entitled, and any person who may be injured by the action of 
 any water commissioner, or by his failure to act pursuant to 
 this Act, may report to the State Engineer, who shall imme- 
 diately act in the matter and correct or cause to be corrected 
 any wrongful act of such water commissioner if he shall see 
 that injury has been done. Any person dissatisfied with the 
 action of the State Engineer may bring an action in the district 
 court of the county wherein the ditch or ditches from which 
 the controversy arises are situated. 
 
 Sec. 6. Id. Compensation of Commissioners. Water com- 
 missioners herein provided for shall receive such compensation 
 as the Board of County Commissioners shall, from time to time 
 fix, the same to be determined with reference to the extent 
 and character of the service performed by such, to be paid by 
 the county in the interest of which the work is performed. 
 Each water commissioner shall keep a true and just account of 
 time spent by him in the discharge of his duties, and shall 
 present a true copy thereof, verified by oath, to the Board of 
 County Commissioners, and the Board of County Commissioners 
 shall, upon approval thereof by the State Engineer, allow the 
 same. '15, p. 115. 
 
 Sec. 7. Id. Deputies and Assistants. Compensation. Said 
 water commissioners shall have power, when necessary, to em- 
 ploy deputies or other suitable assistants to aid them in the 
 discharge of their duties. Such assistants shall take the same 
 oath as the water commissioner, and shall obey his instructions, 
 and each shall be entitled to such compensation as his service 
 may demand and as the water commissioner may recommend, 
 not to exceed in any case $5.00 per day for every day he is 
 employed, such payment to be made upon certificates of the 
 water commissioner, approved by the State Engineer, in the 
 same manner as provided for the payment of the water com- 
 missioners; provided that the term of service of such assistant 
 commissioner may be terminated at any time by the water com- 
 missioner, and shall not in any case continue after the emer- 
 gency has ceased to exist. 
 
17 
 
 Sec. 8. Id. May begin work upon written demand of appro- 
 priators. When arrangements are not made for the employ- 
 ment of the water commissioner throughout the irrigation 
 season, the said water commissioner shall begin his work upon 
 written demand being made upon him therefor by one or more 
 appropriators. Such written demand for his services shall be 
 attached to his bill for services and forwarded with it to the 
 county commissioners of the proper county. Where the said 
 commissioner is employed by the month, he shall begin work 
 and terminate his services as the State Engineer may direct. 
 The State Engineer may, under any condition, call upon the 
 water commissioner for work within his district, whenever the 
 necessity therefor may in his judgment arise. 
 
 Sec. 9. Id. May make arrests. The water commissioners, 
 or their assistants, within their districts shall have power to 
 arrest any person or persons presently offending, and turn them 
 over to the sheriff of the proper county, and immediately upon 
 delivering any such person so arrested into the custody of the 
 sheriff, it shall be the duty of the water commissioner making 
 such arrest, to immediately in writing and upon oath, make 
 complaint before the proper justice of the peace against the 
 person so arrested. 
 
 Sec. 10. Headgates and flumes to be maintained. The 
 owner or owners of any ditch or canal, shall maintain to the 
 satisfaction of the water commissioner in which the irrigation 
 works are located, a substantial headgate at the point where the 
 water is diverted, which shall be of such construction that it 
 can be locked and kept closed by said water commissioner; and 
 such owner shall construct and maintain when required by the 
 water commissioner, flumes or other measuring devices at such 
 points along such ditch as may be necessary for the purpose of 
 assisting the water commissioner in determining the amount of 
 water that is to be diverted into said ditch from the stream, or 
 taken from it by the various users. 'Any and every owner or 
 manager of a reservoir, located across or upon the bed of a 
 natural stream, shall be required to construct and maintain, 
 when required by the water commissioner, a flume or measuring 
 device of a plan to be approved by the State Engineer, below 
 such reservoir at a point not to exceed six hundred feet distant 
 therefrom, and a flume or measuring device above such reservoir 
 on each and every stream or source of supply discharging into 
 such reservoir, for the purpose of assisting the water commis- 
 
18 
 
 sioner in determining the amount of water to which prior appro- 
 priations are entitled and thereafter diverting it for such prior 
 appropriators' use. When it may be necessary for the protection 
 of other water users, the water commissioner has authority to 
 require flumes to be installed along the line of any ditch. If any 
 such owner or owners of irrigation works shall refuse or neglect 
 to construct and put in such headgates, flumes or measuring 
 devices after thirty days' notice to do so by the water com- 
 missioner, it shall be the duty of the water commissioner of 
 the district in which such headgate is located, to close such 
 ditch to the passage of water, and the same shall not be opened 
 or any water diverted from the source of supply, under the 
 penalties prescribed by law for the opening of headgates law- 
 fully closed, until the requirements of the water commissioner 
 as to such headgate, flume or measuring device have been com- 
 plied with, and if any owner or manager of a reservoir located 
 across the bed of a natural stream shall neglect or refuse to 
 put in such measuring device after thirty days' notice to do so 
 by the water commissioner the water commissioner shall open 
 the sluice gate or outlet of such reservoir and the same shall 
 not be closed under penalties of the law for changing or inter- 
 fering with headgates until the requirements of the water com- 
 missioner as to such measuring devices are complied with. 
 
 Sec. 11. Commissioners to make reports. The water com- 
 missioners when dn duty shall make reports whenever called 
 upon to do so by the State Engineer. Such reports shall contain 
 the following information: The amount of water actually com- 
 ing into the district to supply ditches, canals and reservoirs; 
 whether such supply is on the increase or decrease; what ditches, 
 canals and reservoirs are at that time without their proper sup- 
 ply, and such other and further information as the State Engi- 
 neer may require. 
 
 Sec. 12. Procedure where joint owners disagree. When two 
 or more persons, companies or corporations, joint owners in an 
 irrigation ditch or reservoir, are unable to agree relative to the 
 division and distribution of water received through their ditch, 
 or from their reservoir, it shall be lawful for any such owner or 
 owners or either of them to apply to the water commissioner of 
 the district in which such ditch or reservoir shall be located, 
 by a written notice setting forth such fact, asking the water 
 commissioner to take charge of such ditch or reservoir for the 
 
19 
 
 purpose of making a just division or distribution of the water 
 from the same to the parties entitled to the use thereof. The 
 said water commissioner shall take exclusive charge of such 
 ditch or reservoir, for the purpose of dividing the water there- 
 from in accordance with rights established by existing decrees 
 or otherwise, and continuing the said work until the necessity 
 therefor shall cease to exist. The water commissioner shall 
 have power to determine the loss in transit of any water of a 
 stream other than the natural flow from a reservoir or other 
 source, by seepage and evaporation, subject to an appeal as 
 provided in this Act. In all cases where the water commissioner 
 or a deputy water commissioner is called upon to divide the 
 waters of a ditch or reservoir between appropriators, when the 
 term of his employment exceeds three consecutive days, he shall 
 be paid in full for his services by the interested water users in 
 proportion to the established rights of each. Any payment not 
 made for the services of such water commissioner after the 
 written demand has been made therefor, the same shall be a 
 lien upon any land or other property not otherwise exempt from 
 execution owned by the interested water user refusing to pay 
 and may be recovered by the water commissioner in any court 
 of competent jurisdiction. 
 
 Sec. 13. Rights to use of water restricted. Rights to the 
 use of water shall be limited and restricted to so much thereof 
 as may be necessarily used for irrigation or other beneficial pur- 
 poses irrespective of the carrying capacity of the ditch, and all 
 the balance of the water not so appropriated shall be allowed to 
 run in the natural stream from which such ditch draws its sup- 
 ply of water, and shall not be considered as having been appro- 
 priated thereby. 
 
 Sec. 14. Repeal. That Sections 1286, 1287, 1288, 1288x, 
 1288x1, 1288x2, 1288x3, 1288x4, Compiled Laws of Utah, 1907, be 
 and the same are hereby repealed. 
 
 Approved March 20, 1911. 
 
 1288x5. Rights to unappropriated water. Rights to the use 
 of the unappropriated water in the State may be acquired by 
 appropriation, in the manner hereinafter provided, and not other- 
 wise. The appropriation must be for some useful or beneficial 
 purpose, and, as between appropriators, the one first in time 
 shall be first in right; (provided that when a use designated by 
 
20 
 
 an application to appropriate any of the unappropriated waters 
 of the State would materially interfere with a more beneficial 
 use of such water, then the application shall be dealt with as 
 provided in Section 1288x10). 
 
 1288x6. Application for unappropriated water. Any person, 
 corporation, or association, to hereafter acquire the right to the 
 use of any public water in the State of Utah, shall, before com- 
 mencing the construction, enlargement, or extension of any ditch 
 canal, or other distributing works, or performing similar work 
 tending to acquire the said right or appropriation, make an 
 application in writing to the State Engineer. Such application 
 shall be upon a blank to be furnished by the State Engineer, 
 and shall set forth the name and postoffice address of the person, 
 corporation, or association making the application; the nature of 
 the proposed use for which the appropriation is intended; the 
 quantity of water in acre feet or the flow of water in second feet 
 to be used, and the time during which it is' to be used each 
 year; the name of the stream or other source from which the 
 water is to be diverted; the place on such stream or source 
 where the water is to be diverted, and the nature of the divert- 
 ing works; and the dimensions, grade, shape, and nature of the 
 proposed diverting channel; and such other facts as will clearly 
 define the full purpose of the proposed appropriation. If the 
 proposed use is for irrigation, the application shall show, in 
 addition to the above required facts, the legal subdivisions of 
 land proposed to be irrigated, with the total area thereof, and 
 the character of the soil. If the proposed use is for developing 
 power, the application shall show, in addition to the above re- 
 quired facts, the number, size, and kind of water wheels to be 
 employed; the head under which each wheel is to be operated; 
 the extent of the power to be produced, and the purposes for 
 which and the places where it is to be used; also, the point 
 where the water is to be returned to the natural stream or 
 source. If the proposed use is for mining, the application shall 
 show, in addition to the above required facts, the name of the 
 mine and the mining district in which it is situated, the nature 
 of the mineral mined, and the place where the water is to be 
 returned to the natural stream or source. The place of diversion 
 and the place of return of the water shall be designated with 
 reference to the United States land corners or mineral monu- 
 ments, when either The point of diversion or the point of return 
 
21 
 
 shall be situated within six miles of the nearest United States 
 land corner. The storage of water by means of a reservoir 
 shall be regarded as a diversion and the points of diversion in 
 such cases shall be deemed to include the point where the 
 water is taken from the stream and the center of the impounding 
 dam of the reservoir. The lands to be inundated by the reservoir 
 shall be described as nearly as may be, and by Government sub- 
 divisions if upon surveyed land, and the area of the surface 
 thereof when, the reservoir is filled shall be given. R. S. '98, 
 Sec. 1268, 1269; '03, p. 98; '05, p. 155; '09, pp. 84, 85. 
 
 1288x7. Action of Engineer thereon. On receipt of said 
 application it shall be the duty of the State Engineer to make 
 an endorsement thereon of the date of its receipt, and to make 
 a record of such receipt in a book kept in his office for that 
 purpose. It shall be his duty to examine said application and 
 ascertain if it sets forth all the above required facts, and if not, 
 it shall be returned with the statement of correction, amend- 
 ments, or changes required, within thirty days after its receipt, 
 and sixty days shall be allowed for the refiling thereof. If 
 refiled, corrected as required, within said time the application 
 shall, upon being accepted, take priority as of the date of its 
 original filing, subject to compliance with the further require- 
 ments of the law and the regulations thereunder. Any corrected 
 application filed after the time allowed shall be treated in all 
 respects as an original application received on the date of its 
 refiling. The date of the return of the application, with the 
 reasons therefor, shall be endorsed on the application and a 
 record made thereof in a book kept for recording applications. 
 Like entries shall be made of the date when corrected applica- 
 tions are received by the State Engineer and of the date when 
 rejected applications are returned to the applicant. Applications 
 for a change of the point of diversion or place of use set forth 
 in an approved application shall be treated as a corrected ap- 
 plication within the meaning of this section, excepting that such 
 change of an approved application shall not affect the priority 
 of the original application; provided that no change of the point 
 of diversion or place of use set forth in an approved application 
 shall operate to enlarge the time within which the construction 
 work shall begin or be completed. '03, p. 98; '05, p. 156; '07, 
 p. 248; '09, pp. 85, 86. 
 
22 
 
 1288x8. Notice of application. If not corrected as required, 
 no further proceedings shall be had on such applications, but 
 when filed in compliance with this Title, the State Engineer 
 shall at once at the expense of the applicant, to be paid in 
 advance, publish in some newspaper having a general circulation 
 within the boundaries of the river system or water source from 
 which said appropriation is to be made, a notice of the applica- 
 tion showing by whom made; the quantity of water sought to be 
 appropriated; the stream from which the appropriation is to be 
 made, and at what point on the stream; the use for which it is 
 to be appropriated and by what means; which notice shall be 
 published at least once a week for thirty days. It is further 
 provided, that any change in the proposed point of diversion or 
 place of use of water from a stream shall be subject to the 
 approval of the State Engineer, under the provisions of section 
 1288x24 hereof. '03, p. 98; '05, p. 156; '09, p. 86. 
 
 1288x9. Protest may be made. Any person, corporation, or 
 association interested may, at any time within thirty days after 
 the completion of the publication of said notice, file with the 
 State Engineer, a written protest against the granting of said 
 application, stating the reason therefor, which shall be duly con- 
 sidered by said engineer, who shall approve or reject said appli- 
 cation. '03, p. 99; '05, p. 157. 
 
 1288x10. Applications filed and recorded. Action thereon. 
 All applications which shall comply with the provisions of this 
 title and with the regulations of the State Engineer's office shall 
 be filed and recorded in a suitable book kept for that purpose; 
 and it shall be the duty of said engineer to approve all applica- 
 tions where the proposed use will not impair the value of exist- 
 ing rights, or will not interfere with the more beneficial use of 
 said water, provided, however, that an application for water 
 made by a homesteader, desert entryman or person in possession 
 of land under a contract to purchase the same, such water 
 to be used exclusively upon the land of such person, may be 
 approved without reference to prior conflict; but the State 
 Engineer, upon information furnished by the *State Conservation 
 Commission, or upon his own investigation, or by information 
 in his possession to the effect that there is reason to believe 
 
 * See Addenda. 
 
23 
 
 that applications to appropriate water from any stream or other 
 source of water supply within the State will interfere with its 
 more beneficial use for irrigation, domestic, culinary, stock, 
 power, mining or other purposes, it shall be his duty to with- 
 hold the approval or repection of such application until he shall 
 have investigated the matter. The cost of such inquiry shall be 
 paid for by the person making application to appropriate water, 
 provided such application is approved, and provided further, 
 that such charge shall not exceed ten dollars per day and 
 expenses to be paid the State Engineer or his deputy, and five 
 dollars per day expenses for each assistant. When the State 
 Engineer is convinced that an application to appropriate water 
 for a designated purpose is not for the most beneficial use, he 
 shall file the application together with a statement of his findings 
 in the District Court in the county where the proposed appro- 
 priation is to be made. On the filing of such a statement the 
 District Court in the county where the same is filed shall have 
 exclusive jurisdiction to determine the merits of the case and 
 instruct the State Engineer to approve or reject such application. 
 But, where there is no unappropriated water in the proposed 
 source of supply, or where the proposed use will conflict with 
 prior applications or existing rights, it shall be the duty of the 
 State Engineer to reject such application. 
 
 1288x11. Proceedings after action. The approval or rejec- 
 tion of an application shall be endorsed thereon and a record 
 made of such endorsement in the State Engineer's office. The 
 application, so endorsed, shall be returned to the applicant. If 
 approved the applicant shall be authorized, on receipt thereof, 
 to proceed with the construction of the necessary works and to 
 take all steps required to apply the water to the use named in 
 the application and to perfect the proposed appropriation. If 
 the application is rejected, the applicant shall take no steps 
 toward the prosecution of the proposed work, or the diversion 
 and use of the public water, so long as such rejection shall con- 
 tinue in force. '03, p. 99; '05, p. 157. 
 
 1288x12. May require additional information. Before either 
 approving or rejecting an application, the State Engineer may 
 require such additional information as will enable him to prop- 
 erly guard the public interests, and may require a statement 
 of the following facts: In case of incorporated companies, he 
 may require the submission of the articles of incorporation, the 
 
24 
 
 names and places of residence of its directors and officers, and 
 the amount of its authorized and its paid up capital. If the 
 applicant is not an incorporated company, he may require a 
 showing as to the name or names of the party or parties pro- 
 posing to make the appropriation, and a showing of facts neces- 
 sary to enable him to determine whether or not they have the 
 financial ability to carry out the proposed work, and whether 
 or not the said application has been made in good faith. '03, 
 p. 99; '05, p. 157. 
 
 1288x13. Time for beginning and completing work. In his 
 endorsement of approval on any application, the State Engineer 
 shall require that actual construction work must begin within 
 six months from the date of such approval, and shall state the 
 time within which the construction shall be completed, not ex- 
 ceeding five years from the date of approval; and, in case the 
 application is for irrigation, shall state the time within which 
 water shall be applied to a beneficial use, not exceeding four 
 years in addition thereto. Any applicant feeling himself ag- 
 grieved by the endorsements which the State Engineer has made 
 upon his application may appeal therefrom to the District Court 
 of the county in which the point of diversion of the proposed 
 appropriation is situated. 
 
 The construction of the works shall be diligently prosecuted 
 to completion, and if one-fifth of the work is not completed 
 within one-half the time allowed, as determined by the State 
 Engineer, he may accept and approve, as fierein provided, an 
 application for the use of all or any of the waters included in 
 the application of the prior applicant and the right to use such 
 water under said prior application shall thereupon be forfeited, 
 provided, that before a forfeiture shall be declared by the State 
 Engineer, as provided herein, he shall give the applicant or his 
 assigns sixty days' notice by registered mail to his last recorded 
 address to appear on a date to be designated and show cause, 
 if any he has, why his application shall not be declared forfeited 
 in whole or in part, and on such date the said applicant or his 
 assigns shall be permitted to produce any lawful evidence tend- 
 ing to show compliance on his part with the law. At such 
 hearing the State Engineer shall be authorized to hear and 
 consider any and all competent evidence tending to show 
 whether or not the said applicant or his assigns has or have 
 complied with the law; and, provided further, that the State 
 Engineer shall allow an extension of time on reqiiest of the 
 
25 
 
 prior applicant equal to the time during which work was pre- 
 vented by the operation of law beyond the power of said appli- 
 cant to avoid. 
 
 Provided, That the State Engineer shall have power, for 
 good cause shown, to extend the time for completion of con- 
 struction or for application to a beneficial use, but in no case 
 shall extensions of time be made that would place the date of 
 proof of completion of construction and the proof of beneficial 
 use more than fourteen years from the date of approval, except 
 that the State Engineer shall allow extensions of time during 
 which work was prevented by the operation of law beyond the 
 power of caid applicant to avoid. '11, p. 3. 
 
 1288x14. Aggrieved party may bring action. Any applicant 
 or protestant who is dissatisfied with the action of the State 
 Engineer may bring an action in the District Court of the 
 county in which the point of diversion of water proposed to be 
 appropriated is situated, for the purpose of adjudicating the 
 questions involved. Such action must be brought within sixty 
 days of notice of the action of the State Engineer, and if not 
 brought within that time, the Engineer shall proceed in accord- 
 ance with the action taken thereon by him. But if such action 
 be, brought within said time, notice thereof shall be filed with 
 the State Engineer, and thereafter he shall take no further 
 action upon said application or protest until the questions 
 involved are determined by the courts. Upon the determination 
 of the case by the courts, the clerk of the district court in 
 which the decree is filed shall immediately file a certified copy 
 thereof with the State Engineer, and thereupon he shall proceed 
 in accordance with such decree. 
 
 And it is further provided that in any case where a decision 
 of the State Engineer is involved, the individual, corporation or 
 association affected by such decision, shall have sixty days to 
 appeal therefrom to the District Court, counting from the date 
 when notice of said decision is given to said individual, corpora- 
 tion, or association. If an appeal be taken, the individual, cor- 
 poration or association making such appeal shall immediately 
 notify the State Engineer thereof, and thereafter the State 
 Engineer shall take no further action in the case until the court 
 has passed upon the questions involved. Immediately upon the 
 issuance of the decree of the court in such case, a copy thereof 
 shall be filed with the State Engineer by the clerk of said 
 
26 
 
 court, and thereafter the State Engineer shall proceed in accord- 
 ance with such decree. If no appeal be taken within the time 
 specified, the decision of the State Engineer shall be final. 
 Should no notification of appeal be filed with the State Engineer, 
 as provided in this section, he shall proceed as if no appeal were 
 taken. 
 
 1288x15. State Engineer to notify applicant. Upon com- 
 pletion of work proof and map must be filed. Sixty days before 
 the date set for the completion of the works to divert the 
 water sought to be appropriated, the State Engineer shall notify 
 the applicant by registered mail of the date when proof of com- 
 pletion of works shall be due. 
 
 On or before the date set for completing the works to divert 
 the water in accordance with his application therefor, the appli- 
 cant shall make proof thereof, by filing in the State Engineer's 
 office, on blanks to be furnished by the State Engineer, a state- 
 ment descriptive of the work done. Said statement shall be 
 sworn to by the applicant and by two disinterested witnesses, 
 one of whom shall be a reputable hydraulic engineer and shall 
 be accompanied by a map, profile and drawings, which shall be 
 made on tracing linen and shall show fully and correctly, the 
 location with reference to the United States land surveys; the 
 nature and extent of the completed works; the natural stream 
 or source from which and the place where the water is diverted; 
 the place and manner of connecting with other works or 
 streams; the ground and grade lines, the cross-sections and 
 dimensions of the various forms of the diverting channel; the 
 character of the materials moved and used in construction; the 
 several appliances used to divert, measure and regulate the 
 water; the character of all structures which cross, support or 
 constitute the diverting channel or any part of it and such other 
 matter as will fully and correctly delineate the work done and 
 conform to the general rules and regulations of the State Engi- 
 neer's office. The map, profile and drawings shall be certified 
 to under oath, by the engineer who has made the same and 
 by the applicant whose works they represent, said certificates to 
 be substantially of such form as the State Engineer shall by 
 general rule prescribe. As soon as proof of completion of the 
 works has been accepted and approved, the State Engineer shall 
 endorse such acceptance and approval upon the applicant's cer> 
 tificate of proof, which shall then be a record of the completion 
 
27 
 
 of the works to divert the water sought to be appropriated. 
 Proof made subsequent to the date set for the completion of the 
 works shall cause the postponement of the priority from the 
 date of the original application to the date when the proof is 
 made and the applications subsequent in time shall have the 
 benefit of such postponement of priority; provided, that in case 
 of works constructed by the National government, the official 
 plans, maps and specifications approved by the proper officer 
 of the Reclamation Service shall be accepted as a full compliance 
 with the requirements of this section, relating to maps, profiles 
 and drawings. '03, p. 100; '05, p. 115; '09, pp. 88, 89; '15, p. 117. 
 
 Certificate of Appropriation. Effect of. 
 
 1288x16. State Engineer to notify Applicant. Sixty days 
 before the date set for the application of the water to a bene- 
 ficial use, the State Engineer shall notify the applicant by reg- 
 istered mail when proof of application of the water to a bene- 
 ficial use shall be due. Upon it being made to appear to the 
 satisfaction of the State Engineer that an appropriation has 
 been perfected in accordance with the application therefor, and 
 that the water applied for has been put to a beneficial use, it 
 shall be the duty of the State Engineer to issue a certificate, in 
 duplicate, to the party making the same, setting forth the name 
 and postoffice address of the person, corporation or association 
 by whom the water is to be used; the quantity of water in acre 
 feet or the flow of water in second feet; the purpose for which 
 the water is to be used; the time during which the water is to 
 be used each year; the name of the stream or source from which 
 the water is to be diverted; the place on the stream or source 
 where the water is to be diverted; the date of the appropriation; 
 and such other matter as will fully and completely define the 
 extent and conditions of actual application of the water to a 
 beneficial use; in no manner, however, shall the certificate ex- 
 tend the rights described in the application, as further defined 
 by the certificate of completion. Failure to make proof of bene- 
 ficial use of the water on or before the date set therefor, shall 
 cause the postponement of the priority from the date fixed 
 theretofore, to the date when the proof of beneficial use of the 
 water is made and applications subsequent in time shall have 
 the benefit of such postponement of priority. One copy of said 
 
28 
 
 certificate shall be filed in the office of the State Engineer, and 
 the other copy shall be delivered to the appropriator and shall 
 within thirty days be recorded by him in the office of the county 
 recorder of the county where the water is diverted from the 
 natural stream or source. The certificate so issued and filed 
 shall be prima facie evidence of the appropriator's right to the 
 use of the water in the quantity, for the purpose and during the 
 time mentioned therein and shall be evidence of such right. 
 The provisions of this section shall refer to all certificates issued 
 by the State Engineer. Approved March 17, 1915. '03, p. 101; 
 '05, p. 159; '09, pp. 89, 90. '15, p. 118. 
 
 1288x17. Priority. The priority number of an appropria- 
 tion shall be determined by the date of receiving the written 
 application in the State Engineer's office, except as provided in 
 sections 1288x15 and 1288x16 hereof. Rights claimed under ap- 
 plications for the appropriation of water may be transferred or 
 assigned by instruments in writing. Such instruments when 
 asknowledged or proven and certified in the manner provided 
 by law for the acknowledgment or proving of conveyances of 
 real estate, may be filed and recorded in the office of the State 
 Engineer, and shall from the time of filing the same for record 
 in said office impart notice to all persons of the contents thereof. 
 For recording any such instrument the State Engineer shall 
 collect the same fees as are allowed by law to county recorders 
 for like service, in addition to the fee for filing. '03, p. 101; 
 '05, p. 159; '09, p. 90. 
 
 CHAPTER 3. 
 General Provisions Concerning Water. 
 
 1288x18. Waters public property. The water of all streams 
 and other sources in this State, whether flowing above or under 
 the ground, in known or defined channels, is hereby declared to 
 be the property of the public, subject to all existing rights to 
 the use thereof. '03, p. 101; '05, p. 159. 
 
 1288x19. Standard of measurement. The standard unit of 
 measurement of the flow of water shall be the discharge of one 
 cubic foot per second of time, which shall be known as a second 
 foot; and the standard unit of measurement of the volume of 
 
29 
 
 water shall be the acre foot, being the amount of water upon 
 an acre covered one foot deep, equivalent to forty-three thousand 
 five hundred and sixty cubic feet. R. S. '98, Sec. 1282, 1283; '01, 
 p. 143; '03, p. 101; '05, p. 160. 
 
 1288x20. Beneficial use. Beneficial use shall be the basis, 
 the measure, and the limit of all rights to the use of water in 
 this State. R. S. '98, Sec. 1262; '03, p. 101; '05, p. 160. 
 
 1288x21. Eminent domain. The use of water for beneficial 
 purposes, as provided in this Title, is hereby declared to be a 
 public use. Any person, corporation, or association shall have 
 a right of way across and upon public, private, and corporate 
 lands, or other right of way, for the construction, maintenance, 
 repair, and use of all necessary reservoirs, dams, water gates, 
 canals, ditches, flumes, tunnels, or other means of securing, 
 storing, and conveying water for irrigation or for any necessary 
 public use, or for drainage, upon payment of just compensation 
 therefor, but such right of way shall in all cases be exercised in 
 a manner not to unnecessarily impair the practical use of any 
 other right of way, highway, or public or private road, nor to 
 unnecessarily injure any public or private property. Such right 
 may be acquired in the manner provided by law for the taking 
 of private property for public use. R. S. '98, Sec. 1277; '03, p. 
 103; '05,. ( p. 160. 
 
 1288x22. Id. Right to enlarge existing canal. When any 
 person, corporation, or association desires to convey water for 
 irrigation or any other beneficial purpose, and there is a canal 
 or ditch already constructed that can be enlarged to convey the 
 required quantity of water, then such person, corporation, or 
 association, or the owner or owners of the land through which 
 a new canal or ditch would have to be constructed to convey the 
 quantity of water necessary, shall have the right to enlarge said 
 canal or ditch already constructed, by compensating the owner 
 of the canal or ditch to be enlarged, for the damage, if any, 
 caused by said enlargement; provided, that said enlargement 
 shall be done at any time from the first day of October to the 
 first day of March, or any other time that may be agreed upon 
 with the owner of said canal or ditch. R. S. '98, Sec. 1278; '03, 
 p. 103; '05, p. 160. 
 
 1288x23. Water reverts upon abandonment. When the 
 appropriator or his successor in interest abandons or ceases 
 
30 
 
 to use water for a period of seven years, the right ceases, and 
 thereupon such water reverts to the public, and may be again 
 appropriated, as provided in this Title; but questions of aban- 
 donment shall be questions of fact, and shall be determined as 
 are other questions of fact. R. S. '98, Sec. 1262; '03, p. 101; 
 '05, p. 160. 
 
 1288x24. Place of diversion may be changed. Vested rights 
 protected. Any person, corporation, or association entitled to 
 the use of water, may change the place of diversion and may 
 use the water for other purposes than those for which it was 
 originally appropriated, but no such change shall be made, if it 
 impairs any vested right, without just compensation; no change 
 of point of diversion or purpose of use shall be made except on 
 the approval of an application of the owner by the State Engi- 
 neer. Before the approval of an application the State Engineer 
 must, at the expense of the applicant, to be paid in advance, 
 give notice thereof by publication in some newspaper having 
 general circulation within the boundaries of the river system or 
 water source in which the point of diversion of the water is 
 located; such notice shall give the name of the applicant, the 
 quantity of water involved, the stream or source from which 
 the appropriation has been made, the point on the stream or 
 source where the water is diverted, the point to which it is 
 proposed to change the diversion of the water, the place, pur- 
 pose and extent of present use, and the place, purpose and the 
 extent of proposed use. Said notice to be published at least 
 once a week for a period of thirty days. Any person, corpora- 
 tion or association interested, may at any time within thirty 
 days after the completion of the publication of said notice, file 
 with the State Engineer a protest against the granting of said 
 application for change of point of diversion or purpose of use, 
 stating the reason therefor, which shall be duly considered by 
 the State Engineer who shall approve or reject said application 
 for change of point of diversion or purpose of use. Such appli- 
 cation shall not be rejected solely for the reason that such 
 change would impair vested rights of others, but the application 
 if otherwise proper may be approved conditionally upon such 
 conflicting rights being acquired. The determination of the 
 State Engineer shall be final unless appeal is taken to the dis- 
 trict court of the county in which the point of diversion of 
 water is situated, within sixty days of notice of action of the 
 
31 
 
 State Engineer. Any person holding an approved application 
 for the appropriation of water may change the point of diversion 
 or place of use under proceedings taken substantially as above 
 set forth. R. S. '98, Sec. 1263; '03, p. 102; '05, p. 160; '09, pp. 
 90, 91. 
 
 1288x25. Water may be commingled and recovered. Any 
 appropriated water may be turned into the channel of any 
 natural stream, or into a reservoir constructed across the bed 
 of any natural stream, and commingled with its waters and then 
 be taken out, either above or below the point where emptied 
 into the channel, but, in so doing, the original water in such 
 stream or reservoir must not be diminished in quantity or 
 deteriorated in quality. 
 
 1288x26. Headgates. Every person, corporation, or asso- 
 ciation using water in this State shall construct and maintain 
 a substantial headgate at the point where the water is diverted, 
 and a measuring device, as near the head of the diverting chan- 
 nel as is practicable, for the purpose of regulating and meas- 
 uring the quantity of water that may be diverted into the chan- 
 nel from the stream or other source. Said headgate and meas- 
 uring device shall be of such pattern as the State Engineer 
 shall approve, and shall be constructed within thirty days after 
 request from him. Any person, corporation, or association fail- 
 ing to comply with the provisions of this section shall be guilty 
 of a misdemeanor, and the State Engineer is hereby authorized 
 to furnish plans and bills of material for such devices, at the 
 expense of the State, when in his judgment the use of such 
 devices will be encouraged thereby. '01, p. 145; '03, p. 102; '05, 
 p. 161. 
 
 1288x27. Priority among appropriators. Appropriates 
 shall have priority among themselves according to the dates of 
 their respective appropriations, so that each appropriator shall 
 "be entitled to receive the whole supply to which his certificate 
 entitles him before any subsequent appropriator shall have any 
 right; provided, that whenever the natural flow of any stream 
 shall have receded in volume in the annual low water stage, 
 then the rights of all users to such flow at such stage shall be 
 deemed to be equal as to priority, and the water, when at or 
 below such stage, shall be apportioned pro rata among said 
 users. But in times of scarcity, while priority of appropriation 
 
shall give the better rights as between those using water for 
 the same purpose, the use for domestic purposes shall have pref- 
 erence over use for all other purposes, and use for agricultural 
 purposes shall have preference over use for any other purpose 
 except domestic use. R. S. '98, Sec. 1265; '03, p. 102; '05, p. 161. 
 
 1288x28. Stock may be taken in other irrigation companies. 
 Any irrigation or reservoir company, incorporated and existing 
 under the laws of this State, may purchase or subscribe for the 
 capital stock of any other similar corporation which, at the time 
 of such purchase or subscription, shall be or is about to be 
 incorporated; provided, that such purchase or subscription shall 
 be made only when permitted by the original articles of incor- 
 poration or by amendment thereto proposed and adopted accord- 
 ing to law, and such corporations are hereby permitted and 
 authorized to amend their articles of incorporation so as to 
 authorize such purchase or subscription. R. S. '98, Sec. 1276; 
 '03, p. 102; '05, p. 162. 
 
 1288x29. Ditches must be kept in repair to prevent damage. 
 The owner or owners of any ditch, canal, flume, or other water 
 course shall maintain the same in repair, so as to prevent waste 
 of water or damage to the property of others. Such persons 
 are required, by bridge or otherwise, to keep such ditch, canal, 
 flume, or other water course in good repair where the same 
 crosses any public road or highway, so as to prevent obstruc- 
 tion to travel, or damage or overflow to such public road or 
 highway. R. S. '98, Sec. 1279; '03, p. 103; '05, p. 162. 
 
 1288x30. Each person or corporation liable for proportionate 
 expenses. When two or more persons, companies, or corpora- 
 tions are associated, by agreement or otherwise, in the use of 
 any dam, canal, reservoir, ditch, flume, or other means of con- 
 serving or conveying water for the irrigation of land, or for 
 other purposes, each of them shall be liable to the other for the 
 reasonable expenses of maintaining, operating, and controlling 
 the same, in proportion to the share in the use or ownership 
 of the water to which he is entitled. If any person, company, 
 or corporation refuses or neglects to pay his proportion of such 
 expense, after five days' notice in writing demanding such pay- 
 ment, he shall be liable therefor in an action for contribution; 
 provided, that in any company or corporation owning or con- 
 trolling more than one canal or ditch, for the purpose of improv- 
 
33 
 
 ing or keeping the same in repair, the users of water shall not 
 be required to pay any expenses or assessments in any canal or 
 ditch, other than the one in which they are directly interested. 
 R. S. '98, Sec. 1280; '03, p. 103; '05, p. 162. 
 
 1288x31. Water rights appurtenant to land under govern- 
 ment works. All water hereafter appropriated for irrigation 
 purposes from works constructed or controlled by the United 
 States shall be appurtenant to specified lands owned or occu- 
 pied by the persons claiming the right to use the water, so long 
 as the water is used beneficially thereon; provided, that if for 
 .any reason it should at any time become impracticable to use 
 water beneficially or economically for the irrigation of any land 
 to which the right of the same is appurtenant, said right may be 
 severed from said land, and simultaneously transferred, and be- 
 come appurtenant to other land, without losing priority of right 
 theretofore established, if such change can be made without 
 detriment to existing rights; and in case of such change, the 
 owner of such water right shall execute and acknowledge a 
 proper instrument of transfer describing therein the land from 
 and to which such water is transferred, which instrument shall 
 be recorded in the county recorder's office of the county in which 
 the land is situated. '05, p. 162. 
 
 1288x32. Rights to water pass with land. Exceptions. A 
 right to the use of water appurtenant to the land shall pass to 
 the grantee of such land, and, in cases where such right has 
 been exercised in irrigating different parcels of land at different 
 times, such rights shall pass to the grantee of any parcel of 
 land on which such right was exercised next preceding the time 
 of the execution of any conveyance thereof; subject, however, 
 in all cases to payment by grantee of any such conveyance of 
 all amounts unpaid on any assessment then due upon any such 
 right; provided, that any such right to the use of water, or any 
 part thereof, may be reserved by the grantor in any such con- 
 veyance, by making such reservation in express terms inserted 
 in such conveyance, or may be seperately conveyed. R. S. '98, 
 Sec. 1281; '03, p. 104; '05, p. 163. 
 
 1288x33. Water rights transferred by deed. Exceptions. 
 Water rights shall be transferred by deeds, in substantially the 
 same manner as real estate, except when they are represented 
 by shares of stock in a corporation, and such deeds shall be 
 recorded in the office of the recorder of the county where the 
 
34 
 
 place of diversion of the water from its natural channel is sit 
 uated. Every deed of water right so recorded shall, from the 
 time of filing the same with the recorder for record, impart 
 notice to all persons of the contents thereof, and subsequent 
 purchasers, mortgagees, and lien holders shall be deemed to 
 purchase and take with notice. '03, p. 104; '05, p. 163. 
 
 1288x34. Id. Deeds must be recorded. Every deed of water 
 right within this State hereafter made, which shall not be 
 recorded as provided in this title, shall be void as against any 
 subsequent purchaser in good faith, and for a valuable consid- 
 eration, of the same water right, or any portion thereof, where 
 his own deed shall be duly recorded. '03, p. 104; '05, p. 163. 
 
 1288x35. Penalty. Any person, corporation, or association 
 who shall in any way interfere with, injure, destroy, or remove 
 any dam, headgate, weir, or other appliance for the diversion, 
 apportionment, or measurement of water, or who shall interfere 
 with any of the persons authorized by this title to apportion 
 water, while in the discharge of their duties, shall be guilty of a 
 misdemeanor, and shall also be liable in damages to any person 
 injured by such unlawful act. '03, p. 104; '05, p. 163. 
 
 1288x36. Obstructions to right of way forbidden. When- 
 ever any person, corporation, or association has the right of 
 way for canals or other water courses, it shall be unlawful for 
 any person to place or maintain in place any obstruction, by 
 fence or otherwise, along or across such canals or water courses, 
 without providing gates sufficient for the passage of the owners 
 of such canals or water courses or their agents. Any person, 
 corporation, or association violating the provisions of this sec- 
 tion shall be guilty of a misdemeanor. R. S. '98, Sec. 1286; '03, 
 p. 104; '05, p. 163. 
 
 1288x37. Legal Advisers to State Engineer. In all matters 
 requiring legal advice in the performance of his duties and the 
 prosecution or defense of any action growing out of the per- 
 formance of his duties, the Attorney General of the State, and 
 the district attorney of the district in which any legal question 
 arises, shall be the legal advisers of the State Engineer, and 
 they are hereby required to perform any and all legal services 
 required of them by him, without other compensation than their 
 salaries now or hereafter fixed by law. '03, p. 105; '05, p. 164. 
 
 1288x38. Assistants and equipment. For the purpose of 
 carrying into effect the provisions of this title the State Engi- 
 
35 
 
 neer shall have power to employ all necessary assistants, pur- 
 chase all necessary equipment, and do all other necessary things, 
 the cost of which shall be paid by the State, upon presentation 
 to the State Auditor of monthly statements, certified by the 
 State Engineer and approved by the State Board of Examiners; 
 provided, that no expense shall be incurred by the State Engi- 
 neer in the performance of his duties which will exceed the 
 amount appropriated for that purpose. '01, p. 142; '03, p. 105; 
 '05, p. 165. 
 
 1288x39. Fees of referee and stenographer. The fees of 
 referee and stenographer shall be fixed by the court, and, to- 
 gether with any other expenses not herein provided for that 
 may be incurred in carrying out the provisions of this title, shall 
 be paid out of the State Treasury, upon certificates from the 
 proper district judge to the State Auditor of the amount due 
 each person for such service. '30, p. 105; '05, p. 165. 
 
 1288x40. Who may be made parties to action. Damages 
 joint ownership. In any action hereafter commenced for the 
 protection of rights acquired to water under the laws of this 
 State, the plaintiff may make any or all persons who have di- 
 verted water from the same stream or source parties to such 
 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 same may be assessed and apportioned by the 
 jury in their verdict, or by the court if the case be tried without 
 a jury, and judgment thereon may be entered for or against one 
 or more of several plaintiffs, or for or against one or more of 
 .several defendants, and may determine the ultimate rights of 
 the parties between themselves. In any action concerning joint 
 water rights, or joint rights in water ditches, unless partition 
 of the same is asked by the parties to the action, the court shall 
 hear and determine such controversy as if the same were sev- 
 eral as well as joint. R. S. '98, Sec. 1274; '03, p. 105; '05, p. 165. 
 
 1288x41. Effect of certain repeal. The repeal by the Re- 
 vised Statutes of sections 2403-2427, both inclusive, of the Com- 
 piled Laws of Utah, 1888, shall not be construed to affect the 
 existence of any district or company organized under the afore- 
 said sections; but any such company or district shall, notwith- 
 standing such repeal, continue in existence with all the rights, 
 privileges, and limitations heretofore conferred or imposed upon 
 
36 
 
 it by law, until disincorporated or dissolved according to law. 
 In any case in which an irrigation company or district shall 
 have a right of action against a delinquent member of such com- 
 pany or district for the non-payment of taxes voted according to 
 law the board of directors thereof may proceed to sell the in- 
 terest of such member in the canals or ditches of such company 
 or district and his right to the use of the water flowing therein. 
 R. S. '98, Sec. 1287; '03, p. 106; '05, p. 165. 
 
 1288x42. Dissolution of irrigation districts. Whenever a 
 petition is presented to the board of trustees of any irrigation 
 company or district organized under section 2403-2427, C. L. U. 
 1888, signed by one-fourth of the landholders in the district, 
 asking for the abandonment of further operations by the com- 
 pany or district, the board of trustees thereof shall call a special 
 meeting at which the question of such abandonment shall be 
 submitted. Notice of the time and place and subject of such 
 meeting shall be given by the board of trustees of the district 
 at least ten days previous thereto by advertising at least three 
 times in some newspaper having general circulation in the dis- 
 trict, or by posting notices in three public places therein. If 
 three-fifths of the landholders of the district voting at such elec- 
 tion shall vote for such abandonment, it shall be the duty of the 
 board of trustees to petition the district court of the county in 
 which the greater portion of the lands of the district are sit- 
 uated for the winding up of the affairs of such company or dis- 
 trict; and thereafter proceedings shall be had which shall con- 
 form as nearly as may be with the proceedings for the voluntary 
 dissolution of corporations. R. S. '98, Sec. 1288; '03, p. 71; '05, 
 p. 166. 
 
 1288x43. "Received" and "filed" defiined. Whenever the 
 word "received" is used in this title, with reference to any paper 
 deposited in the office of the State Engineer, it shall be deemed 
 to mean the date when such paper was first received at the State 
 Enigeer's office; and whenever the term "filed"' is used in such 
 reference, it shall be deemed to mean the date when such paper 
 was completed and filed in said office. '05, p. 166. 
 
 1288x44. Repeal. Chapter 100 of the laws of Utah, 1903, 
 and all other laws and parts of laws in conflict with the pro- 
 visions of this Title, are hereby repealed; but such repeal shall 
 not affect any vested rights, and any person, corporation, or 
 
37 
 
 association who may have heretofore filed notice of appropria- 
 tion of water, or initiated any right under the provisions of 
 said law, or any other law heretofore in force in this state, may 
 complete and perfect such appropriation or right in the same 
 manner and with like effect as if this repeal had not been 
 made; and such right may be perfected in accordance with the 
 provisions of the law under which the right was initiated or 
 under the provisions of this Title; nor shall such repeal prevent 
 the water commissioner appointed under the Act of 1901 from 
 performing the duties therein prescribed, until they are super- 
 seded by the appointment of division superintendents and dis- 
 trict supervisors as provided in this Title, and, if necessary, 
 other water commissioners may be appointed in the manner 
 provided in said title, to serve until they are superseded, as 
 provided therein. '05, p. 166. 
 
 970x. Fees of State Engineer. The State Engineer shall 
 collect the following fees, which shall be paid by him into the 
 state treasury on the first Monday in January, April, July and 
 October of each year: 
 
 For examining and approving plans and specifications for 
 any dam, one dollar for each and every foot in height of the 
 dam to be built; and, if necessary to inspect the site where the 
 dam is to be built, an additional charge of ten dollars per day 
 and expenses shall be made. 
 
 For inspecting any diverting works by request, ten dollars 
 per day and expenses. 
 
 For examining and filling applications to appropriate any 
 quantity of water up to and including ten cubic feet per second, 
 for each such application two and one-half dollars. 
 
 Application for water that specify quantities greater than 
 ten cubic feet per second, a fee of one dollar for each cubic foot 
 above the the cubic feet hereinbefore mentioned. 
 
 For applications which contemplate the storage of water, a 
 minimum fee of two and one-half dollars for each such applica- 
 tion. 
 
 Application for water that specify quantities greater than 
 five hundred acre-feet, a fee of two cents for each acre-foot of 
 water to be stored in excess of five hundred acre-feet. 
 
38 
 
 Provided, however, that when the filing fee for any appli- 
 cation for water shall exceed $1,000, the balance of the fee in 
 excess of $1,000 may, at the option of the applicant, be paid 
 at the time when proof of the completion of the works is sub- 
 mitted. 
 
 For examining map, profile and drawings that are part of 
 the proof of appropriation, five dollars. 
 
 For approving and recording completed applications, two 
 and one-half dollars. 
 
 For issuing certificates of appropriation, each, one dollar. 
 
 For examining and filing notices of protest, each, two and 
 one-half dollars. 
 
 For filing any other paper, one dollar. 
 
 Affidavits, decrees, and other instruments attached to a 
 protest shall be considered other papers within the meaning of 
 this section, and for each such, a fee of one dollar shall be 
 charged. 
 
 For certified copy of any paper, per folio, twenty cents. 
 
 For blue print copy of any map, profile or drawing, per 
 square foot, ten cents. 
 
 For each certificate to copy of paper, drawing or map, fifty 
 cents; provided, that the provisions of Section 970x shall not 
 apply to works prosecuted under the supervision of the United 
 States Reclamation Service. 
 
 Sec. 2. This act shall take effect upon approval. 
 
 Approved January 31, 1911. 
 
 CHAPTER 84. 
 IRRIGATION AND WATER RIGHTS COMMISSION. 
 
 An Act Creating a State Board to Be Known as the "Irrigation 
 and Water Rights Commission," Fixing the Manner of Ap- 
 pointment and the Compensation of the Members Thereof, 
 and Prescribing Their Powers and Duties. 
 
 Be it enacted by the Legislature of the State of Utah: 
 
 Section 1. Commission created. Membership. Term. A 
 Board of Commissioners is hereby created to be known as the 
 "Irrigation and Water Rights Commission," which shall consist 
 
39 
 
 of five members, the State Engineer, the Attorney General, the 
 President of the Agricultural College, and two members ap- 
 pointed by the Governor, one of whom shall be a practical irri- 
 gator, and one of whom shall be a person, who in the past has 
 dealt with the water rights and the development of the water 
 resources of the State. The term of the appointive members 
 shall expire November 1, 1916. 
 
 Section 2. Organization. Quorum. The officers of said 
 commission shall be a chairman and a secretary. Three mem- 
 bers of said commission shall constitute a quorum for the 
 transaction of business. Within thirty days after its appoint- 
 ment, said members of the commission shall meet at the State 
 Engineer's office and organize by electing one of their number 
 chairman, and one of their number secretary. 
 
 Section 3. Compension. Expenses. The State Engineer, 
 the Attorney General, and the President of the Agricultural Col- 
 lege shall receive no compensation for their services upon said 
 commission. The two remaining members appointed by the Gov- 
 ernor shall each receive a compensation of $4.00 per day for 
 each day that actual services are rendered. Each member of the 
 commission shall receive his actual necessary expenses in the 
 performance of his official duties. 
 
 Section 4. Powers and Duties. Report to Legislature. Meet- 
 ings. The duties and powers of the commisison shall be as 
 follows : 
 
 To make a careful and complete investigation of the con- 
 ditions existing throughout the State with respect to irriga- 
 tion and water rights with a view of ascertaining what changes 
 in the present irrigation and water right laws are expedient 
 and desirable. 
 
 To study and investigate the irrigation and water laws of 
 other states with a view of ascertaining their practicability. 
 
 To make a report of their investigations to the twelfth ses- 
 sion of the Legislature, and recommend such changes in the 
 present irrigation and water right laws as, in their judgment, 
 will improve conditions existing throughout the State, such re- 
 port to be printed in pamphlet form and a copy thereof mailed 
 to each member of the State Legislature and to each member- 
 elect on or before the I5th day of November, 1916. 
 
 As a part of its report, the commission shall prepare a bill 
 
40 
 
 covering the appropriation, adjudication, and administration of 
 water rights within the State of Utah, which said bill shall be 
 in complete form for introduction in the twelfth session of the 
 Legislature. 
 
 Said commission is authorized and empowered to do any 
 and all things necessary to make a full and complete investiga- 
 tion of the matters and things hereinbefore enumerated, and to 
 that end to employ all necessary clerical and expert assistance, 
 and to make all field investigations necessary. The said com- 
 mission is hereby authorized to arrange for and hold meetings 
 throughout the State with irrigators and people interested in 
 water right legislation? for the purpose of obtaining information 
 first-hand as regards existing conditions, and to that end the 
 commission is authorized to compel the production of records 
 and papers, and to subpoena witnesses and take testimony; and 
 the members of said commission are hereby authorized to ad- 
 minister oaths to witnesses, Section 4101, Compiled Laws of 
 Utah, 1907, relative to the attendance and examination of wit- 
 nesses is made applicable hereto. County Sheriffs are hereby 
 authorized and directed to serve any and all subpoenas and or- 
 ders, or other process that may be issued by the chairman of said 
 commission. 
 
 Section 6. Claims. How Paid. All claims and expenses 
 incurred by the commission shall be approved by the State Board 
 of Examiners, and paid by warrants of the State Auditor. 
 
 Section 7. Appropriation. There is hereby appropriated out 
 of any moneys in the State Treasury, not otherwise appropriated, 
 the sum of $8,000.00, or so much thereof as may be necessary for 
 the purpose of this Act. 
 
 Approved March 17th, 1915. 
 
41 
 
 ADDENDA 
 
 CHAPTER 137. 
 
 STATE CONSERVATION COMMISSION. 
 
 An Act Amending Section 3, Chapter 103, Laws of Utah, 1909, 
 Relating to the Duties of the Utah State Con- 
 servation Commission. 
 
 Be it enacted by the Legislature of the State of Utah: 
 
 Section 1. Section Amended. That Section 3, Chapter 103, 
 Laws of Utah, 1909, be and the same is hereby amended to read 
 as follows: 
 
 3. Duties of Commission.. .It shall be the duty of said Com- 
 mission to investigate and ascertain the natural resources of the 
 State, to adopt and carry out such policies and measures as 
 will prevent waste of the same, and to co-operate with the Na- 
 tinal Conservation Commission, Conservation Commissions of 
 other states, with departments, bureaus, and officers of the 
 United States, and with departments, commissions and officers 
 of the State of Utah, in any way that shall have for its objects 
 the investigation and conservation of the natural resources of 
 the State of Utah. And it shall also (be) the duty of the com- 
 mission to inquire whether the waters of any stream or other 
 source of water supply situated within this State can be wholly 
 utilized for irrigation on lands lying under that source of water 
 supply, and if not whether such waters can be used for pur- 
 poses other than irrigation, which are more beneficial to the 
 public good. 
 
 The Commission shall also inquire whether the waters of 
 any stream or other source of water supply, if utilized for power 
 purposes, would interfere with the storage of water for purposes 
 more beneficial to the public good. 
 
 A report of the findings of the Commission in such matters- 
 shall be made to the State Engineer. 
 
 Approved March 20, 1911. 
 
43 
 INDEX 
 
 ABANDONMENT: 
 
 Water reverts upon ... 29 
 
 Must be question of fact w 
 
 ACTION: 
 
 Who may be made parties in 35 
 
 ADJUDICATION OF WATER RIGHTS: 
 
 State Engineer to bring action, and how 7 
 
 District Court to have jurisdiction 7 
 
 Notice to water claimants to file statement of rights. . 7 
 
 Publication of Notice . 7 
 
 Mailing of Notice .... 7 
 
 Statements filed by water claimants, contents of .... g 
 
 Time for filing . . 7 
 
 For Irrigation, must contain . . . ........ 8 
 
 For Power, must contain . . 8 
 
 For Mining, must contain 9 
 
 State Engineer to tabulate claims . 9 
 
 Failure to file statement bars rights 9 
 
 Court to keep record of claims 9 
 
 Court may t xtend time for filing claims .... ...... 9 
 
 To stand as pleadings 10 
 
 May be amended 11 
 
 May be contested . . . . 11 
 
 Time set for Contest . . . 11 
 
 Referee Appointed to take Testimony 10 
 
 Objection to appointment, how made . 10 
 
 Oath of Referee 10 
 
 Power of Referee ... 10 
 
 State Engineer's maps and records evidence 10 
 
 May allow amendments to statement of claims 11 
 
 May take testimony at convenient places 11 
 
 Must give notice of time and place for taking testimony, and 
 
 how given . . 11 
 
 May subpoena witnesses 12 
 
 To issue report of findings to court 12 
 
 To draw up decree 12 
 
 Court to act on referee's decree ... . 12 
 
 Notice of filing of referee's decree to be given water claimants. . 12 
 
 Water claimants may protest referee's decree 12 
 
 Referee water claimant. District Court to take evidence 13 
 
 District Judge water claimant, adjoining District Court to pass 
 
 on claims 13 
 
 Decree Entered 12 
 
 Determinating rights of all claimants on system 12 
 
 Mnst contain 12 
 
 May be appealed from and how . . 13 
 
 Certificate for. water right issued . . ... 13 
 
 Contents of . 13 
 
 Recording of 13 
 
 Copy to State Engineer 13 
 
 Cost of adjudication . 13 
 
 How provided for 13, 35 
 
 How proportioned 14 
 
 APPEAL : 
 
 From State Engineer's decision. . 25 
 
 Time allowed for 25 
 
 Must give notice 25 
 
 APPLICATION FOR WATER: (See appropriation of water) 
 
 APPROPRIATION OF WATER : 
 
 Right to use of unappropriated water and how secured 19 
 
 Must be for beneficial purpose 19 
 
44 
 
 Page 
 
 Priority of appropriators 19 
 
 Who may appropriate 20 
 
 Application made to State Engineer . . 20 
 
 On blanks furnished .... 20 
 
 Contents of . . 20 
 
 For Irrigation 20 
 
 For Power ... . . 20 
 
 For Mining 20 
 
 Record of. kept ... . ..... 21, 22 
 
 Returned for correct ioo .... - . - 21 
 
 Time allowed for correcting 21 
 
 Accepted . 21 
 
 Notice, Publication of 21 
 
 Protest against granting 22 
 
 Approved, When . . 22 
 
 Grounds for rejection of 22 
 
 Investigation of premises involved, when 23 
 
 Costs of to be borne by 23 
 
 May refer facts to District Court for instructions 23 
 
 May require additional information. 23 
 
 Construction work to commence 24 
 
 To be completed by . ... 24 
 
 Extension of time . 24 
 
 Aggrieved party may bring action 25 
 
 Time allowed 25 
 
 Must notify State Engineer 25 
 
 Clerks of Court to file copy of Decree with State Engineer ... 25 
 
 Proof of Completion of works ... 26 
 
 Notice to be given when due, by registered mail 26 
 
 Proof of completion of works to contain 26 
 
 To be s*vorn to ....... ... 26 
 
 To be accompanied by maps & profile 26 
 
 State Engineer to act on ...... 26 
 
 Submitted after time limit allowed causes postponement of 
 
 priority 27 
 
 Maps and plans of National Government accepted 27 
 
 Proof of beneficial use of water . ........... ..... 27 
 
 Notice to be given when due, by registered mail 27 
 
 To contain .... . . ... 27 
 
 Made after time limit allowed causes postponement of priority 27 
 
 Certificate of appropriation 27 
 
 To contain 27 
 
 Copy on file in State Engineer's office 28 
 
 To be recorded 28 
 
 BENEFICIAL USE 
 
 Is measurement of water right 19, 29 
 
 Appropriation must be for beneficial use 19 
 
 Proof of 27 
 
 BIENNIAL REPORT OF STATE ENGINEER 4 
 
 BOND: 
 
 Required of State Engineer . 4 
 
 Required of Water Commissioners 15 
 
 CANALS: 
 
 Right of way for ..... .... 29, 34 
 
 Kurht to enlarge existing Canal- . . 
 
 Must pay damages 
 
 Tiim -when to enlarge 29 
 
 Must be kept in it-pair 32 
 
 Liability of joint owner 32 
 
 Penalty for interfering with ... 34 
 
 CERTIFICATE OF APPROPRIATION: 
 
 To contain 27 
 
 rop.vcm <ili- in State Kngineer's office 28 
 
 To be recorded 2H 
 
45 
 
 Page 
 TERTIFICATE OP WATER RIGHT: 
 
 When issued. . . 13 
 
 Contents of 13 
 
 To be recorded . .-., 13 
 
 Copy to State Engineer 13 
 
 CONSERVATION COMMISSION: 
 
 Duty with respect to water supply of State . 41 
 
 DAMS : 
 
 Examining and approving plans and specifications for 5 
 
 Inspection of during construction 5 
 
 May require alterations in 6 
 
 Failure to comply, misdemeanor ... ... 6 
 
 Examination on request, cost of and how paid 6 
 
 National Government exempt 6 
 
 DAMSITES: 
 
 Survey of by State Engineer 5 
 
 DECREE : 
 
 Entered to determine rights of all claimants in adjudication of stream 12 
 
 Must contain . . ..... 12 
 
 May be aprealed from 13 
 
 DISTRICT COURT: 
 
 Jurisdiction of, in adjudication of Water Rights 7 
 
 State Engineer may submit applications to for instructions as to 
 
 final disposition of 23 
 
 DITCHES; (See canals) 
 
 DIVERTING WORKS: 
 
 Examination and inspection of 
 
 May require changes or alterations in ............... 6 
 
 National Government exempt -...-..'' .......... 6 
 
 Penalty for interfering with ............ ........ 34 
 
 EMINENT DOMAIN ........ .................. 29 
 
 EVAPORATION : 
 
 Water Commissioner to determine loss of water, through ...... 19 
 
 EXTENSION OF TIME: 
 
 State Engineer may grant ...................... 24 
 
 FEES: 
 
 Examining and approving plans and specifications for dams .... 37 
 
 Inspecting diverting works by request .............. 37 
 
 Applications for water ...................... 37 
 
 Proof of Appropriation ............ . ........ 38 
 
 Approving applications .................... ... 38 
 
 Issuing certificates of appropriation . . . . . ..... 38 
 
 Filing notices of protests ...... ..... . ..... ... 33 
 
 Filing other papers ....... . . .............. 38 
 
 For certified copy of any paper .................. 88 
 
 For blue print copy .................. ....... 38 
 
 For each certificate ........................ 38 
 
 FILED ; 
 
 Meaning of, defined .......................... 36 
 
 HEADGATES: 
 
 Water Commissioner may require installation of suitable headgates 17 
 
 Appropriators must maintain ..................... 31 
 
 State Engineer to furnish plans and bill of material for . ..... 31 
 
 Penalty for interfering with .......... . . .......... 34 
 
 HYDROGRAPHIC SURVEYS : 
 
 To be made by State Engineer .... .......... ..... 4 
 
 Notice of such survey to be given 
 
 Make survey of damsites and reservoir sites 
 
46 
 
 Page 
 IRRIGATION : 
 
 Applications for water for, must contain ... 20 
 
 IRRIGATION COMPANIES: 
 
 May take stock in similar companies 32 
 
 Dissolution of . ... 36 
 
 Unaffected by repeal of 1888 Statute 35 
 
 IRRIGATION AND WATER RIGHTS COMMISSION : 
 
 Created, membership, purpose, powers and duties . 38 
 
 Appropriation for 39 
 
 JOINT USERS: 
 
 Of hydraulic structures liable for repairs 32 
 
 LAND: 
 
 Water rights appurtenant to, when 33 
 
 MAINTENANCE : 
 
 Liability of joint users of canal, dam. or other hydraulic structure 32 
 
 MAPS: 
 
 On file in State Engineer's office open to public 4 
 
 To accompany Proof of Completion of Works 26 
 
 To accompany Proof of Beneficial Use of Water . . . . . . 27 
 
 Of National Government, accepted 27 
 
 MEASUREMENT: 
 
 Standard of ..... 28 
 
 MINING- 
 
 Applications for water must contain ... ... 20 
 
 NATIONAL GOVERNMENT: 
 
 Plans and specifications of, exempt from examination and approval 6 
 
 Constrution work exempt from State supervision ... 6 
 
 M ay co-operate with 5 
 
 Maps and plans to be accepted 27 
 
 NOTICE: . 
 
 Publication of applications ........... 21 
 
 Cf Proof of Completion of Works due 26 
 
 Of Proof of Beneficial Use due 27 
 
 OATH: 
 
 Of State Engineer -4 
 
 OFFICE : 
 
 Of State Engineer 4 
 
 PLACE OF USE: 
 
 Application for change in 21, 30 
 
 PLANS: 
 
 And specifications of dams to be examined and approved 
 
 Of National Government exempt from examination and approval 
 
 Of National Government to be accepted 27 
 
 POINT OF DIVERSION: 
 
 Must be described with reference to Government Land Corner or 
 
 Mineral Monument 20 
 
 Reservoir dam considered point of diversion 
 
 Application for change of 21,30 
 
 Must contain 
 
 Who may change 30 
 
 POWER : 
 
 Application for water must contain . . 20 
 
47 
 
 Page 
 POWERS AND DUTIES: 
 
 State Engineer . . 3,4.5 
 
 Water Commissioners 15, 16 
 
 PRIORITY: 
 
 Amontr appropriates . . - . 19, 31 
 
 How determined . . 28 
 
 Postponement of 27 
 
 PROTEST : 
 
 Against granting of application. 22 
 
 RECEIVED: 
 
 Meaning of, defined 38 
 
 RECLAMATION SERVICE: 
 
 Maps and plans of, to be accepted . . . . 27 
 
 RECORDS & MAPS OP STATE ENGINEER'S OFFICE OPEN TO PUBLIC 4 
 REFEREE: 
 
 Appointed in connection with the adjudication of Water Rights . 10 
 
 To take testimony ... . 10 
 
 Objection to appointment, how made . 10 
 
 Oath of . . 10 
 
 Power of ... 10 
 
 May allow amendments to statement of water claims .... . n 
 
 2iay take testimony a- convenient places 11 
 
 Must give notice of time and place of taking testimony 11 
 
 May subpoena witnesses ... .... 12 
 
 Must Report findings to court 12 
 
 Draw up decree 12 
 
 REPEAL: 
 
 Irrigation districts unaffected by . 35 
 
 Limitations on, and effect of 36 
 
 RESERVOIR : 
 
 Owner of, may be required to maintain suitable measuring devices on 17 
 
 Land inundated described in applications for 21 
 
 RESERVOIR DAMS: 
 
 Plans and specifications for. to be examined and approved . . . 5 
 
 Considered as point of diversion 21 
 
 RESERVOIR SITES: 
 
 Surveys of, by State Engineer 5 
 
 RIGHT OF WAY; 
 
 For Irrigation canals, etc. . 29 
 
 To enlarge existing canal 29 
 
 Penalty for obstruction of 34 
 
 SALARY: 
 
 State Engineer . 3 
 
 Water Commissioners 16 
 
 SEEPAGE : 
 
 Water Commissioner to determine loss in stream ......... 19 
 
 STATE ENGINEER: 
 
 How appointed ... 3 
 
 Term of office 3 
 
 Qualifications . . . . 3 
 
 Powers and Duties of 3,4,5 
 
 Salary 3 
 
 Oath and Bond of . . . . . 4 
 
 Office at Capitol 4 
 
 Report biennially to Governor .... 4 
 
 Examine and approve plant* and specifications for dams. . . . 5 
 
48 
 
 Page 
 
 Examine dams on request 
 
 Examine and inspect construction of diverting works 6 
 
 Seal of . . 5 
 
 To bring action for adjudication of water rights . . 
 
 Tabulate Claims of Water Claimants 
 
 Pass on applications to appropriate water ... 20, 28 
 
 May grant extension of time on applications to appropriate water - 24 
 
 Legal advisors of 34 
 
 May employ assistants, purchase equipment, etc 34 
 
 WATER : 
 
 Public property ...--... 28 
 
 Standard of Measurement 28 
 
 M ay be commingled and recovered 31 
 
 WATER COMMISSIONERS: 
 
 Appointment and term of 15 
 
 Bond of ... . 15 
 
 Powers and duties of 15 
 
 Appeal to State Engineer from decision of . . 16 
 
 Compensation of 16 
 
 Appointment of assistants and compensation of 16 
 
 To begin work on written demand Of appropriators 
 
 May make arrests ... ... 17 
 
 May require installation of suitable headgates and measuring devices 
 
 by appropriators ... . . . ... 17 
 
 Failure to install such measuring devices, penalty 18 
 
 Make report to State Engineer 18 
 
 Shall divide water upon request of joint owners in case of dis- 
 agreement 18 
 
 To determine loss of water in stream from seepage and evaporation - 18 
 
 WATER DISTRICTS: 
 
 How created . 14 
 
 WATER RIGHTS : 
 
 Appurtenant to land under Government works 33 
 
 May be transferred, when 
 
 Appurtenant to land pass with land . . 33 
 
 Transferred by deed 33 
 
 Must be recorded .... . . 33 
 
 Failure to record voids deed. . . 34