Before any contract for the sinking of an artesian well shall be let the person upon whose lands the well is located shall make to the township a deed of one acre of land upon which the well is located, with a right of way to the well. Civil townships are empowered to receive and hold real estate for the purposes mentioned. Rules are provided for making application for the use of water; contracts for its use, filing application and contract with the Register of Deeds, which shall be recorded. Sec. 21 provides that the township shall have a lien upon land for the amount of water rent remaining unpaid, and may forclose the lien whenever said water rents shall remain unpaid for thirty days after the time mentioned in the contract for payment. $ 474. Taxes.-Bonds.-Reservoirs.-In case there shall not be sufficient money from water rents to pay the amount of interest on the bonds then it is the duty of the officers of said township to levy and collect a tax for that purpose; as well as it is their duty to levy a tax to provide for a sinking fund to pay the principle of the bonds when due. Provisions are then made for the redemption of the bonds, the form of the bonds, and that the bonds shall be a lien upon the civil township. Provisions are also made for the sinking of artesian wells for the purpose of filling lake-beds, streams or artificial reservoirs. Also when the number of wells may exceed sixteen. $475. Use of Water.-Sec. 34 provides; "That the State Engineer shall prescribe rules and regulations for the distribution and use of water from public wells, not in conflict with law, subject to the approval of the township Board of Supervisors." Sec. 36 provides that the water derived from artesian wells pursuant to the Act shall be applied to the following purposes and in the following order: "First. For domestic purposes, which is hereby defined to mean for household use, for the supply of domestic animals kept with and for the use of the household farm, and the watering and sustaining of trees, grass, flowers and shrubbery about the house of the consumer, in an area not exceeding one-half acre of land. "Second. All the waters from said wells not used for domestic purposes shall be applied to the purposes of irrigation." It is provided that whenever there is a surplus of water the Board of Trustees is authorized to lease the power for manufacturing purposes, as in their judgment will best subserve the interests of the people. The Act provides that all wells must be enclosed by a good and substantial building. Sec. 42. "Any person, association or corporation owning land shall have the right to sink or bore an artesian well or wells on his, their or its lands, for the purpose of procuring water for domestic use, for irrigation or for manufacturing purposes; but in wells hereafter constructed no more water shall be appropriated by such person, association or corporation than is needed for said purposes when such additional use of water interferes with the flow of wells on the adjacent lands." § 476. Water Must Not Be Wasted.-The Act provides that no person controlling an artesian well shall permit the waters thereof to flow to waste. Also, whenever any township in which an incorporated village is or shall be located is desirous of sinking an artesian well it shall be lawful for the village to join with the township in voting upon the question of bonds; and the electors of the entire township, including the village, shall vote upon the question in the same manner as if there was no separate incorporated village, and the bonds so issued shall be a lien. upon all taxable property of the township and village. alike.1 1 On March 6, 1893, there was approved "An Act to provide for the sinking of artesian wells and for the levying of a tax to pay the expenses thereof; and to define the duties of certain officers con nected therewith." See Stat. 1893, p. 182. ever The Act provides that whenfifty freeholders of any county of the State, of whom fifteen shall be each the owner of § 477. Riparian Rights in South Dakota.- Riparian rights as known under the common law are also recognized and protected in the State of South Dakota,1 not less than eighty acres of land, located on any natural water-course, on which an artesian well is sought to be located, shall petition the engineer of irrigation for the location and establishment of an artesian well it shall be the duty of the engineer to personally investigate for the purpose of determining the practicability of such a well. The engineer must then make his report in writing and file the same with the County Auditor, together with an estimate of the total cost for putting down such well. The Act provides for "a Board of Viewers "" to be appointed by the County Auditor, who must personally examine the location of such well and file their report with the County Auditor; it is then the duty of the County Auditor to fix a day for the hearing and consideration of such report by the Board of County Commissioners of that county, and he shall call such commissioners together for that purpose. Appeal may be taken from the decision of the board by any person aggrieved thereby. Special election is provided for by the Act on the question of issuing the warrants of said county to the amount of estimated costs and values of constructing and putting down the well. If a majority of the votes cast at the election be in favor of Sec. 25 provides that it is the duty of every person through whose lands any natural watercourse extends, on which an artesian well may be located therein, to keep open and unobstructed the flow of water from such well. Sec. 32. "All natural water courses in this State, whenever an artesian well is located thereon under the provisions of this Act, are hereby created and declared public natural water-courses for the flow of water from such artesian wells for the benefit of the public, and private individuals located on such water-course are subject only to compensation for damages as in this Act provided.” Sec. 33 provides that nothing in this Act shall be construed to repeal any portion of the Act of 1891, quoted above. See also Act approved March 6, 1893, entitled "An Act to encourage the construction of reservoirs for the purpose of irrigating agricultural lands." Stat. 1893, p. 189. 1 See ante Sec. 467; also Sturr vs. Beck, 133 U. S. 541. I. Subject Treated in General. § 478. Particular Features of State.-Wyoming lies principally within the Great Plains region. The continental divide runs diagonally across the State, containing the headwaters of the rivers flowing into the Great Interior Basin, or southward to the Colorado river. From the continental divide the land as a whole falls gradually to the north and east toward the Yellowstone and Missouri, the rivers flowing either northward into the Yellowstone or eastward down the slope of the great plains. The agricultural land of Wyoming as a whole lies at the highest altitude of that of any State in the Union, nearly one-half of the total area being above 6,500 feet, and probably less than one per cent. under 4,000 feet. The character of the agriculture and of the products is of course governed by this fact. And, as is well known, the pastoral industries lead in importance the areas devoted to these practically embracing the greater part of the State. In the northern counties, where the altitude is from 3,500 feet upward, and also along the lower portion of the Platte nearly all kinds of fruit and vegetables of the temperate region reach maturity, and in nearly all parts of the State grass and the hardier grains flourish. $479. Irrigation in the State.-Nothing can be grown without irrigation in the State of Wyoming, with the exception, perhaps, of a scanty crop in some spot occasionally favored with an unusal summer's rain. No dependence can be placed upon non-irrigated crops. Land in this State, as in all parts of the arid region, has no value without water. But the arable lands being almost boundless, agricultural development is restrained only by the uncertainty of securing water. Irrigation in Wyoming is still in its infancy, and there are but few works of notable size. There are a great number of small ditches leading from the streams out upon the lowest bottom land, where in most instances a few well located high line canals would serve more land with greater economy. But since the new laws providing for the State control of the waters have been enacted a number of works have been constructed under the superintendence of the State Engineer that are a credit to the State. The possibilities of a great irrigation system in the State are good, since there is perhaps a larger proportion of perennial springs of notable size than in any other part of the west. A study of the statistics as furnished by the census bureau shows that the greatest existing contrast in size of irrigated farms is between Utah and Wyoming, which political divisions, although adjoining each other, occupy almost extreme positions as regards methods and character of agriculture. In Utah the land is greatly subdivided, the average size of irrigated farms being twenty-seven acres, while on the other hand the average |