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The confirmation proceeding

enjoin the sale of the bonds. being a proceeding in rem, the land-owner is bound thereby, if there has been due publication of the notice in accordance with the terms of the statute, notwithstanding there has been no personal service of notice upon him.26

20 Crall v. Board of Directors Poso Irr. Dist., 87 Cal. 140, 26 Pac. Rep. 797. See In re Bonds (448)

of Madera Irr. Dist., 92 Cal. 296, 28 Pac. Rep. 272.

CHAPTER XII.

STATE SUPERVISION OF DISTRIBUTION AND USE OF WATER

[By the Editor.]

$209. Characteristics of this system.

210. Statute of Wyoming.

211. Statute of Colorado. 212. Statute of Nevada.

213. Statute of Idaho.

214. Statute of Arizona.

215. Powers of water commissioners.

$209. Characteristics of this system.

The class of statutes to be considered in the present chapter differ from those which we have heretofore discussed, in that they do not contemplate the appropriation or condemnation of water rights by public or private corporations, organized for that purpose. But they provide a system by which existing appropriations or vested rights are ascertained and protected, future appropriations are regulated, and the distribution and use of the available water-supply are placed under restrictions designed to promote economy and to secure a just apportionment of the indispensable element among all the consumers according to their respective rights. These ends are attained by subjecting the appropriation and use of the streams to the supervision and control of a body of public officers, whose powers and duties are described in the summaries of the statutes which here follow.

§ 210. Statute of Wyoming.

In the state of Wyoming, a statute was enacted in 1890,1 on the subject of the "supervision and use of the waters

Laws Wyom. 1890-91, c. 8, p. 91.

LAW W. R.-29

(449)

of the state," which was intended to furnish a complete system in that regard, and which repealed most of the prior legislation on the subject.2 This statute provides for a division of the state into water districts, with public officers in each having control of the appropriation and use of the waters therein. But it differs from the legislation of California and Washington, in that these districts are not quasi-municipal corporations, and that the law relates not merely to the use of water for irrigation but for all other purposes as well. Its important provisions may be epit

omized as follows:

Secs. 1--5. The state is divided into four "water divisions," and their respective territories are described.

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Secs. 6-12. [State engineer.] These sections relate to the state engineer, his appointment, qualification, duties, and compensation. He is to "make measurements and caleulations of the discharge of streams from which water shall be taken for beneficial purposes, collect facts and make surveys to determine the most suitable location for constructing works for utilizing the water of the state, and to ascertain the location of the lands best suited for irrigation. He shall examine reservoir sites, and shall, în his reports, embody all the facts ascertained by such surveys and examinations, including, wherever practicable, estimates of the cost of proposed irrigation works and of the improvement of reservoir sites. He shall become conversant with the waterways of the state and the needs of the state as to irrigation matters, and in his reports to the governor he shall make such suggestions as to the amendment of existing laws, or the enactment of new laws, as his information and experience shall suggest, and he shall keep in his office full and proper records of his work, obser

'Particularly, it repeals the greater part of title 19 of the Revised Statutes ("Of Irriga

tion"), and the act of Mar. 8, 1888 (Laws Wyom. 1888, p. 115).

vations, and calculations." He is to report to the governor biennially, and oftener if required.

Secs. 13-18. [Division superintendents.] There shall be one division superintendent appointed for each water division. "The superintendent of each water division shall have immediate direction and control of the acts of the water commissioners and of the distribution of water in his water division. He shall, under the general supervision of the state engineer, execute the laws relative to the distribution of water, in accordance with the rights of priority of appropriation." He may make additional regulations to secure the equal and fair distribution of water. "All water commissioners shall make reports to the division superintendent of their division, as often as may be deemed necessary by said superintendent."

Secs. 19-33. [Board of control.] A "board of control" is created, composed of the state engineer and the superintendents of the four water divisions. Their primary duty is to hear and determine all conflicting claims to priority of right in the appropriation of public waters, beginning with those streams which are most used for irrigation.

Secs. 34-39. [Appropriation of water.] These sections regulate all future appropriations of water, and are evidently intended to prevent any confusion or conflict in the rights of appropriators thereafter arising. Briefly stated, it is provided that any person or corporation desiring to appropriate any of the public waters of the state shall first make an application to the state engineer for a permit to make such appropriation. This application is to be accompanied by a full and detailed description of the source and amount of the proposed appropriation and of the works by which the applicant intends to make it effective, and of the purposes for which the water is to be used. "If there is unappropriated water in the source of supply named in the

application, and if such appropriation is not otherwise detrimental to the public welfare," the state engineer shall authorize the applicant to proceed with his works. Otherwise he shall refuse to sanction the appropriation. But in the latter case, the applicant may appeal to the board of control, and ultimately to the proper district court. If the application is approved and allowed, the appropriator is to file a map of the source of supply, location of works, and district to which the water is applied. He will then receive from the board of control a certificate of his appro priation. The priority of the appropriation shall date from the filing of the application in the engineer's office.

Secs. 40--45. [Water commissioners.] The board of control shall divide the state into water districts, having regard to the best protection of the claimants for water, and the most economical supervision on the part of the state. One commissioner shall be appointed for each district. "It shall be the duty of the said water commissioner to divide the water in the natural stream or streams of his district, among the several ditches taking water therefrom, according to the prior rights of each respectively, in whole or in part, and to shut and fasten, or cause to be shut and fastened, under the direction of the superintendent of his water division, the head-gates of ditches heading in any of the natural streams of the district, when, in time of scarcity of water, it is necessary so to do by reason of the priority of rights of others taking water from the same stream or its tributaries." But "said water commissioners shall not begin their work until they have been called upon by two or more owners or managers of ditches or persons controlling ditches in the several districts, by application in writ ing, stating that there is a necessity for the use of water; and they shall not continue performing services after the necessity therefor shall cease."

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