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right to the use of the water as against a subsequent claimant who complies herewith except as provided in the next section.

2044. All ditches, canals, and other works heretofore made, constructed, or provided, by means of which the waters of any stream have been diverted and applied to any beneficial use, must be taken to have secured the right to the waters claimed to the extent of the quantity which said works are capable of conducting and not exceeding the quantity claimed without regard to or compliance with the requirements of this chapter.

2045. [Proceedings to perfect rights.]-Persons who have heretofore claimed the right to water and who have not constructed works in which to divert it, and who have not diverted it nor applied it to some useful purpose, must, after this title takes effect and within ninety days thereafter, proceed as in this title provided, or their right ceases.

2046. The county clerk of each county must keep a book in which he must record the notices provided for in this title.

ARTICLE II.-RIGHT OF WAY FOR DITCHES.

2047. All persons, companies, and corporations, owning or claiming any land situated on the banks or in the vicinity of any stream are entitled to the use of the waters of such stream for the purpose of irrigating the land so held or claimed.

2048. When any such owners or claimants to land have not sufficient length of frontage on a stream to afford the requisite fall for a ditch, canal, or other conduit on his own premises for the proper irrigation thereof, or where the land proposed to be irrigated is back from the banks of such stream, and convenient facilities otherwise for the watering of said lands cannot be had, such owner or claimants are entitled to a right of way through the lands of others for the purpose of irrigation; Provided, That in the making, constructing, keeping up, and maintenance of such ditch, canal, or conduit through the lands of others, the person, company, or corporation proceeding under this section, and those succeeding to the interests of such persons, company, or corporation, must keep such ditch, canal, or conduit in good repair, and are liable to the owners or claimants of the lands crossed by such work or aqueduct for all damages occasioned by the overflowing thereof, or resulting from any neglect or accident (unless the same be unavoidable) to such ditch or aqueduct.

2049. In case of the refusal of the owners or claimants of any land through which such ditch, canal, or other works are proposed to be made or constructed to allow the passage thereof, the person, company, or corporations desiring the right of way may present to the county judge of the county in which said lands are situated, a petition describing the lands to be crossed, the size of the ditch, canal, or works, the quantity of land which is required to be taken, and setting forth the names of the owners or parties interested in the lands to be crossed, and praying for the appointment of five appraisers, disinterested freeholders of said county, to ascertain the compensation to be made to such owners or parties interested. Upon the filing of said petition the county judge must give notice by publication in a newspaper of general circulation in said county, if there is such printed in said county, or if there be none, by posting such notice in three (3) of the most public places in the county, one of which must be at the county seat, that at a time and place specified in said notice, said petition will be heard and said appraisers appointed, unless good cause be shown by the parties adversely interested, why the said petition should be denied. Said notice must be published or posted for not less than thirty (30) days prior to the hearing thereof, and the expenses of the publication or posting of the same must be defrayed by the petitioners.

2050. The said appraisers must, before entering upon the duties of their office, take an oath to faithfully and impartially perform the duties as such appraisers, and make a true and just award of the amount of compensation to be paid for the right of way over, and use of the lands to be crossed by such ditch, canal, or other conduit. They must hear the allegations and proofs offered by the respective parties, and after viewing the lands and premises, ascertain and certify the amount of compensation which in their judgment it is just and proper to make to the parties owning or interested in the lands to be crossed for the use of the same, and for damages, if any, on account of injury to other portions of the tract of land of any owner or interested party, after making allowance, and deducting for real and direct benefits which such owner or party interested will derive from the making of such ditch, canal, or other works. The appraisers or a majority of them must subscribe to such certificate, and the same must be filed with the county judge, who upon the payment of the fees therefor shall cause a certified copy to be recorded, together with all the proceedings had, in the office of the county clerk, and upon the payment of the compensation and damages, if any, or the tender thereof to the proper parties, or in the absence of such parties from the county, then upon the deposit of the amount in the county treasury to the credit of the said parties, the persons, company, or corporation petitioners have the right of entry upon and of way for the proposed ditch, canal, or other works; Provided, That either party may have the right to appeal from such assessment of damages to the district court of the county in which said lands are situated within sixty days after such assessment is filed as aforesaid. And in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the county clerk to be filed and recorded in his office. But such appeal shall not delay the prosecution of the work upon said ditch, canal, or works, if such persons, company, or corporation shall first pay or deposit with such county treasurer the amount so assessed by said appraisers such persons, company, or corporation shall in all cases pay the costs of the first assessment; Provided, That if on appeal the appellant shall not obtain a more favorable judgment and award than was given by said appraisers, then such appellant shall be adjudged to pay all costs made on such appeal; Provided further, That either party may appeal from the decision of the district court to the supreme court of the state, and the money so deposited shall remain in the hands of the county treasurer, until a final decision be had subject to the order of the supreme court.

2051. All persons, companies, and corporations owning or having the passory or other title or right to lands adjacent to any stream, have the right to place in the channel of or upon the banks or margins of the same, rams or other machines for the purpose of raising the waters thereof to a level above the banks, requisite for the flow thereof to and upon the adajcent lands, and the right of way over and across the lands of others for conducting said waters may be acquired in the manner prescribed in the last two sections.

2052. Where the owners of any spring or stream or the appropriators thereof desire to conduct the waters thereof to any lands for purposes of irrigation or to any city or town for the use of the inhabitants thereof, or to any reservoir for the purpose of storing said waters for irrigation purposes, or to any factory, or any distant place with the intent to apply the same to a beneficial use, and to accomplish such object it is necessary to cross with ditches, flumes, or other conduits the lands owned or occupied by others than the owners or appropriators of such spring or stream the right of way over and across the land of others for conducting such water and the condemnation of land for reservoirs for storing said waters tor irrigation purposes may be acquired in the manner above prescribed.

2053. If the owner of any irrigation ditch or canal requires or deems it necessary to enlarge any such ditch or canal, such owner shall be permitted to do so on reasonable terms, and in case the said owner of such ditch or canal and the owner or claimant of the lands abutting said ditch or canal cannot agree as to terms for such enlargement, then the damage, if any, to the owner or claimant of said lands shall be ascertained in the same manner provided for by the appraisers in sections three (3) and four (4) of this title [2049 and 2050].

2054. If any corporation organized under the laws of this state for the purpose of constructing and operating canals for irrigating or water power purposes, or both, may acquire a right of way over or upon any land for the necessary construction of such canal, including dams, reservoirs, and all necessary adjuncts to said canals in the same manner as provided for persons and companies in this act, and such persons, canal companies, and corporations shall have the same power to occupy state lands with their said canals as is given to railroad corporations by section 105, chapter 16, of the Compiled Statutes of 1887 [526]; and such corporations shall also have power to borrow money, and to mortgage all their property and franchises in the same manner and for the same purposes as railroad corporations. And all the laws applicable to railroad corporations in respect to the borrowing of money, issuing of bonds, and giving of mortgages and the manner of so doing, are hereby declared to be applicable to canal or irrigation corporations.

2055. Canals constructed for irrigating or water power purposes, or both, are hereby declared to be works of internal improvement and all laws applicable to works of internal improvement are hereby declared to be applicable to such canals.

2056. The owners or constructors of ditches, canals, works, or other aqueducts and their successors in interest using and employing the same to convey the waters of any stream or spring, whether the said ditches, canals, or aqueducts be upon the lands owned or claimed by them, or upon other lands, must carefully keep and maintain the same, and the embankments, flumes, or other conduits by which such waters are, or may be conducted, in good repair and condition, so as not to damage or in any way injure the property or premises of others.

2057. Nothing in this chapter contained must be so construed as to interfere with or impair the rights to water appropriated and acquired prior to the passage of this chapter. But this reservation in behalf of existing rights does not exempt said appropriators from liability as provided in the last section.

2058. In case the volume of water in any stream is not sufficient to supply continually the wants for irrigating purposes of the owners or proprietors of land in any district or neighborhood in which customs exist for distributing the waters amongst such owners or proprietors, the waters diverted must in such case be held to be a common right in those accustomed to the participation in the use and enjoyment of such distribution, and such customs must be upheld in all courts as conferring such common right in the same. But this section does not affect any prior vested rights.

2059. In case any person, company, or corporation has constructed a ditch for the purpose of diverting the water of any river, creek, canyon, ravine, or spring, for the purpose of selling the water thereof for irrigating purposes, the owners or cultivators of said land along the line of and covered by said ditch or canal are entitled to and have the right to the use of water from said ditch or canal, for the purpose of irrigating said land, so owned or cultivated in the following order: First-All persons through whose land such ditch or canal runs are entitled to the use of the waters thereof in the order of their location along the line of said ditch or canal. Second-After those through whose land the ditch or canal runs, those

upon either side of the line of the ditch or canal are entitled to the use of the waters thereof, those equally distant from the line of said ditch or canal are entitled to priority in the order of their location along the line of said ditch or canal; Provided, That in times of scarcity of water the same shall be equally distributed to the consumers thereof; Provided, That the owners or cultivators of such lands pay the usual and customary rates for the use of said water, and whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or canal, so as to prevent or interfere with the use of water from said ditch or canal by any one who, prior to the proposed change, had used water for irrigating purposes from said ditch or canal; and it is hereby made the duty of the owner or owners of any such ditch or canal to keep the same in good repair, and to cause the water to flow through said ditch or canal to the extent of its capacity, if so much be needed during the entire time that water is necessary for irrigating purposes; Provided, That the river, creek, canyon, ravine, or spring, from which the water is taken, furnishes an amount of water sufficient for such purposes, subject to the appropriation of the owner or owners, of such ditch or canal. For a failure to cause the water to flow as aforesaid, the owner or owners, or lessees of any such ditch are personally liable to any one for any damages resulting from such failure, and in addition to such personal liability, such damage is a lien upon such ditch or canal, which lien continues in force until such damages are paid.

2060. No person entitled to the use of water from any such ditch or canal, must, under any circumstances, use more water than good husbandry requires for the crop or crops that he cultivates, and any person using an excess of water is liable to the owner of such ditch or canal for the value of such excess, and in addition thereto, is liable for all such damages sustained by any other person who would have been entitled to the use of such excess of water as fixed by this section.

2061. Any person or persons who shall unlawfully, or without the consent of the owner of any ditch or channel, where it was placed or left to run, or who shuts or opens any ditch, gate, or dam, with intent so to divert any water and thereby deprive any person of the use of the same, or who shall cut, break, or in any way injure any ditch, bank, dike, or flume, or raise any head-gate of any main or lateral ditch, whether he be a water purchaser or not, from the said ditch or lateral, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined in any sum not exceeding fifty dollars ($50), or shall be imprisoned in the county jail not exceeding thirty (30) days, either or both at the discretion of the court, and shall moreover be liable in a civil action to any person injured thereby in crops or otherwise, in three times the actual damage sustained in consequence of any such wrongful act or acts.

Secs. 2062 to 2072.

CHAPTER 25.-LABOR.

"An act to provide and continue a bureau of labor and industrial statistics, and define the duties of its officers." 1887, p. 470. In force July 1.

2062. There is hereby created a bureau of labor census and industrial statistics, with headquarters in the capitol building, for which stationery, postage, expressage, printing, and facilities for transacting business shall be furnished the same as for other executive departments.

2063. The governor of this state is hereby made commissioner of said bureau.

2064. Said commissioner shall have the power to appoint a deputy at a salary of fifteen hundred dollars per annum, who, when acting for or instead of said commissioner, shall have and may exercise equal power and authority subject to the approval of the commissioner.

2065. The duties of said commissioner shall be to collect, collate, and publish statistics and facts relative to manufacturers, industrial classes, and material resources of the state, and especially to examine into the relations between labor and capital, the means of escape from fire and protection of life and health in factories and workshops, mines, and other places of industries, the employment of illegal child labor, the exaction of unlawful hours of labor from any employee, the educational, sanitary, moral, and financial condition of laborers and artisans, the cost of food, fuel, clothing, and building material, the causes of strikes and lockouts, as well as kindred subjects and matters pertaining to the welfare of industrial interests and classes.

2066. The commissioner or his deputy shall have power to enter any factory or workshop in which labor is employed, for the purpose of gathering facts and statistics, or of examining the means of escape from fire, and the provisions made for the health and safety of operatives in such factory or workshop; and in case the officer of the bureau shall discover any violations of, or the neglect to comply with the laws in respect to child labor, hours of labor for women and children, fire esand similar enactments now or hereafter to be made, he shall notify the owner or occupant of such factory or workshop in writing of the offense or neglect, and if such offense or neglect is not corrected or remedied within thirty days after the service of notice aforesaid, he shall lodge formal complaint with the attorney of the county in which the offense is committed or the neglect occurs, whereupon that officer shall proceed against the offender according to law.

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2067. The commissioner or his deputy may examine hotels and lodging or boarding houses, for the purpose of discovering whether they are properly equipped with lawful fire escapes; and he may post in any hotel, lodging or boarding house so examined the laws upon this matter, together with his official statement as to whether said laws are fully complied with by said hotel, lodging or boarding house. And any hotel, lodging or boarding house keeper, or other who shall mutilate, destroy, or remove from any building or buildings the said laws or statements so posted, shall, upon conviction, be fined any sum not to exceed fifty dollars ($50) for each and every offense. Whenever any hotel, lodging or boarding house that has been posted as not having complied with the terms of the law in respect to fire escapes shall be properly provided and equipped with lawful fire escapes, and the bureau shall be notified thereof, the commissioner shall at once order a new statement, set

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