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MONTANA.—Riparian rights exist and are recognized. An appropriation is made by posting a notice in writing at a conspicuous place at the intended point of diversion, stating amount claimed, purpose of appropriation, place of intended use, means of diversion, date of appropriation, and name of appropriator. Within twenty days file with the county clerk a notice of appropriation containing in addition the name or a description of the stream, description of the point of diversion, and reference to a natural object or permanent monument. Notice must be verified as an affidavit. Work must be commenced within forty days of posting notice and must be prosecuted with reasonable diligence to completion.

NEVADA.-Riparian rights are not recognized. Priority of appropriation dates from filing an application with the State engineer before commencement of work. After approval and publication of the notice in some newspaper by the State engineer, a certificate is issued which must be filed within thirty days of its issuance both in the county where water is diverted and in county where used.

NEW MEXICO.-Riparian rights are not recognized. Appropriation is made by filing an application with the State engineer before commencing work. Publication of notice of appropriation is required after its approval by the State engineer. One-fifth of the construction work must be completed within one-half of the allotted time, which is usually five years, and water must be applied usually within four years thereafter. Final certificate issues upon inspection after completion of work. All permits, decrees, and documents regarding water rights must be filed in the office of the probate clerk and ex-officio recorder of the county in which the works are situated.

NORTH DAKOTA.-Riparian rights exist and are recognized. Priority of appropriation dates from filing application with the State engineer before beginning work. Approval of application after its publication constitutes a permit. One-fifth of the work must be completed in one-half of the time allowed, and the completion must usually be within five years. Actual application of the water to some useful purpose must usually follow within four years. Actual application of water and inspection

are necessary for the issuance of final certificate. Non-use for three years causes a loss of the right.

OREGON.-Riparian rights obtained prior to February 1909 are recognized and upheld; since that date, water rights can be obtained by appropriation only. Appropriation is made by application to the State engineer before beginning work. Work may commence on approval of application. Actual construction work must commence within one year from date of approval, be carried on with reasonable diligence, and usually be completed within five years.

SOUTH DAKOTA.—Riparian rights are recognized and upheld. Priority of appropriation dates from filing of application with State engineer before beginning work. After publication and approval of application, work must be prosecuted with dili gence. One-fifth of the work must be completed within one-half of the allotted time, which is usually five years. Actual application and use of the water must follow completion, usually within four years. Final certificate issues upon notice and examination of the actual use. Non-use for two years causes a forfeiture of the right.

UTAH.-Riparian rights are not recognized. Priority of appropriation dates from receiving the application in the office of the State engineer, which must be before commencing the work. After publication and approval, work may proceed, commencing within six months after approval, and usually requiring completion within five years. One-fifth of the work must be performed in one-half of the allotted time. After completion of the work and use of the water is made, a final certificate is issued, which must be recorded in the county where the water is diverted. Non-use for seven years causes a loss of the right.

WASHINGTON.-Riparian rights exist and are recognized. Appropriation is made by placing at the intended point of diversion, a notice stating amount of water appropriated, purpose of appropriation, place of intended use, and means of storage or diversion. Record a copy in the office of the county recorder within ten days after posting. Work must commence within three months from posting notice, if said use is by storage, or

within six months, if the use is by diversion. Work must be diligently prosecuted to completion.

WYOMING.-Riparian rights are not recognized. Priority of appropriation dates from filing an application with the State engineer before commencing work. If application is approved, work may proceed, one year being usually allowed in which to begin work. Five years is usually allowed to complete the work. Final certificate issues upon the perfection of the appropriation, which must be recorded in the office of the county clerk.

APPENDIX A

Digest of State Statutes Relative to Mineral Locations

ALASKA

Notices of location of mining claims shall be filed for record within ninety days from date of discovery. Proof of labor may be made and filed, not later than 90 days after close of year in which the annual labor is to be performed. Such proof is prima facie evidence of the performance of the work. If the proof is not filed within the time fixed, the burden of proof is upon the claim owner to show that such work has been performed. Adverse claims against an application for patent may be filed at any time during the 60 days of publication or within eight months thereafter, and the adverse suits may be instituted at any time within 60 days after the filing of the adverse claims in the local land office.

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Erect at or contiguous to the point of discovery, a conspicuous monument of stones not less than three feet in height or a post at least four feet above ground. Post on or at the discovery monument, a location notice containing: Name of claim; name or names of locators; date of location; length and width of claim, and distance from discovery to each end of claim; general course of claim; locate claim by reference to a natural object or permanent monument. Ninety days is allowed from time of location to perform the following: Monument claim; record copy of location notice; sink discovery shaft. Boundaries shall be marked by six posts, projecting at least four feet above surface, or stone monuments at least three feet high, to be placed at each corner and centre of each end-line. The discovery shaft shall be at least eight feet deep from

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