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H m « f 'ml * 1 if £ 4* i INSTRUCTIONS TO APPLICANTS Application should be made out in detail on the form prescribed by the State Engineer. Applications should be typewritten or filled out with ink. An application is not a permit to appropriate water until after its approval by the State Engineer. Under a permit, the consent of the State is given, in a manner provided by law, to acquire a water right and gives the permitee an inchoate right which will ripen into a legal and complete appropriation, only > upon completion of the works of diversion and the placing of the water to beneficial use, and the filing of proofs thereto, together with such maps as may be required. Upon approval (or rejection) of any application, a copy of the original application with such approval, or rejection, endorsed thereon, will be returned to the applicant. The terms of the per­mit will'show on the endorsement, and be a guide for the applicant. The following rules should be complied with in making application: Under Question N o .l—Where the source of the water desired is from more than one stream, lake, spring, underground, or other body of water, separate applications must be made out for each source; provided, however, that when the numerous sources have their confluence above the point of diversion one application will serve to appropriate the water, by giving the name of the main stream at the point of diversion. The application should state the name of the stream, including its tributaries. Under Question No. 2—The amount of water applied for should be limited to the amount that can be put to beneficial use. The statute provides that the State Engineer in determining the amount of water to be granted in any permit shall take into consideration the irrigation requirements in the section of the State in which the appropriation is to be made. Therefore, the applicant in answer to this question should base the amount on what he believes will be necessary, and if possible in addition to the continuous flow required in cubic feet per second, give the duty of water in acre-feet per acre per irrigation season. Under Question No. S—Ordinarily only one use of water can be named in each application. I f domestic purposes is included, however, two uses can be named. For instance, if the application stated “For Irrigation and Domestic Purposes" it shall be allowed; but if “Power and Irrigation” are named in one application, it shall not be allowed, but the application will be returned for correction. Under Question No. 4—The point of diversion is one of vital importance in the application, as upon the location of the point of diversion depends the question of interferences with prior rights. The point of diversion must be described as being within a forty-acre legal subdivision, or if on unsurveyed lands, a course and distance should be given to the nearest legal subdivision corner and also the approximate forty-acre legal subdivision the point would lie within if public lands surveys were projected on the unsurveyed area. The actual location of the point of diversion can later be shown on an amended application following a survey. In all cases a map of a survey made by a licensed State Water Right Surveyor must be filed in support of said application, prior to its publication, and must show a tie by course and distance to a legal subdivision corner, or in' the event a corner cannot be located within a distance of six miles, the tie must be to a definite and well-known fixed monument or object approved by the State Engineer. Except under special conditions, there shall be accepted only one point of diversion in each application, for the reason that an entire stream could be covered by one application if more than one point of diversion were permitted to be named in each filing. In cases where the diversions, if there be more than one, are on the same forty-acre tract, and are required to economically handle the water, the application for more than one point of diversion will be considered. Under Question No. 4 (a )—The total number of acres of land should be stated with reasonable accuracy. The quantity of water allowed in the permit, endorsed thereon by the State Engineer, is determined by the number of acres to be irrigated, the duty of water, as well as the amount of unappropriated water in the stream. Under Question No. 4(h)—There should be given a description of the land to be irrigated by legal subdivisions. In the event that the land proposed to be irrigated is unsurveyed, then give the approximate location of such land, together with the township and range wherein such land is situated. Under Question No. 4 (c)—Give the time when the use of water for irrigation purposes will begin, and also when It will end. Under Question No. 4 (d )—If the application Is for power purposes, give the theoretical horsepower to be developed, and the vertical head under which the power is to be developed. Under Question N o:4 (e)—If application for power or stock watering purposes, give a description of the location of the proposed place of use, by legal subdivisions, or tie by course and distance to a section comer, as required in answer to Question 4 above. Under Question No. 4 ( f )—Where water applied for is to be returned to the stream, give a description of the proposed point of return, as described in answer to Question 4 above. Under Question N o.4(o)—State number and kinds of animals to be watered at place of use. Under Question No. 4(h)—Give time when use of water for stock watering purposes will begin and when it will end. Under Description o f Proposed W orks—Under description of proposed works, state by what means the water is to be diverted from the stream, whether by dams, ditches, pipe lines or other conduit. Give the size of such ditches, pipe lines, etc., and the pro­posed grade that each will have from the point of diversion, to enable this office to determine the capacity of each. The size of the ditch should be consistent with the amount of water applied for tinder Question No. 2. If the water is to be stored in a reservoir, give its location with reference to the legal subdivision or subdivisions. If the reser­voir, or ditch, is to be located on unsurveyed lands, the rales and regulations of the Department of the Interior should be followed pre­cisely. Such rules and regulations are embodied in a pamphlet furnished by the Department of the Interior, called “Regulations Concerning Right of Way Over Public Lands and Reservations for Canals, Ditches, and Reservoirs,” approved by the Secretary of the Interior, June 6, 1908. The maps and field notes of such reservoir should conform strictly with these regulations and a copy filed with the office of the State Engineer. The application shall bear the signature of the applicant, his agent or attorney. 1 FEES The following fees shall be collected by the State Engineer in advance, and shall be accounted for and paid by him into the General Fund of the State Treasury once each month; provided, that ten dollars ($10) shall be the minimum fee tor issuing and recording any permit; (a) For examining and filing an application for permit to appropriate water, twenty-five dollars ($25), which shall inclnde the cost of publication, which publication fee is hereby fixed at fifteen dollars ($15). (b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, thirty dollars ($30), which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application. (c) For Issuing and recording a permit to appropriate water for Irrigation purposes, ten cents per acre for each acre to be irrigated, up to and including one hundred acres; and five cents for each acre in excess of one hundred acres, up to and including one thousand acres; and three cents for each acre in excess of one thousand acres. (d) For issuing and recording permit for power purposes, five cents for each theoretical horsepower to be developed; and for issuing final certificate under permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including one hundred horsepower; and twenty cents for each horsepower in excess of one hundred horsepower up to and Including one thousand horsepower; and fifteen cents for each horsepower in excess of one thousand. (e) For issuing and recording permit to store water, twenty-five dollars ($25), and for Issuing final certificate under permit to store water, five cents for each acre-foot of water stored up to and including one thousand acre-feet; and three cents for each acre-foot in excess of one thousand. ( f ) For Issuing and recording permit to appropriate water for any other purpose, $10 for each second foot of water applied for, or fraction thereof. (g) For filing secondary permit under reservoir permit, $5; for approving and recording permit under reservoir permit, $5. (h) For filing proof of commencement of work, $1. (i) For filing proof of completion of work, under any permit, $1. ( j) For filing any protest, $10; for filing application for extension of ttihe for filing proofs, $5; for filing any assignment of water right deed, $1 for each water right assigned; and for filing any other instrument, $1. t? a 1