San Antonio Express. (San Antonio, Tex.), Vol. 48, No. 117, Ed. 1 Sunday, April 27, 1913 Page: 17 of 67
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110 EXPRO
iy
Irrigation Farmer Comes Into
His Own Through Texas Law
Defining Waters of the
State and Possibility of
Their Diversion for
Certain Uses. \
the Thirty-third Legislature decided to come to the aid of the
» ■ Texas farirer it came with an CRiergeney clause tacked to an irri-
gation measure. Without special comment ihe law—for it is a law now—
Is published in full. No better photograph of the many angles of the meas-
ure could be reproduced than the simple statement of the law's title—An
Act to Provide, etc.
Following* Is given in full, IJ. B. No. 37,
by Burg m-'a and Glasscock, the general
irrigation blli, passed by the Thirty-third
Legislature and now a law.
An act to provide an adequate system
of laws relating to irrigation; declarlug
certain waters the property of the Btate;
authorizing their appropriation, storage
and diversion for certain uses; creatine
n Board of "Water Engineers nad pre-
scribing in? powers, duties and eompen-
saflon; defining witter rights, an.l pro-
srrlhl'ng th? met ho t of acquiring, per-
fecting, n ni'liiu: and preserving fame;
requiring Mt.pii. ation to he made to tiie
Hoard .'i* .v i;m- engineers for permits
to «'(»nstrn"t irrigation works arid appro-
priate wat r, and prescribing the method
thereof; limiting the right to State wa-
ter* to certain uses, anil declaring forfeit-
ure ror abandonment of use; prescribing
standards for measurements of water;
authorizing appeals from decisions of the
Hoard of Water Engineers; prescribing
the method of :• rvlng notices: regulating
the procedure on hearing before the
"board, and the mode and mannor of ap-
peal therefrom; fixing certain fees, di-
viding tli" Stale into water divisions:
)>ti scribing the method of recording unu
transferring titles to irrigation works
an.I establishing a period of limitation
to qubt titles thereto; regulating partner-
ship ditches; conferring the tight of emi-
nent domain in .i d of the construction
of irrigation wort * prohibiting the seed-
ing of Johnson gia or Russian thistle
«)ii Irrigation cnti.M prescribing" penal-
tlcn for tie violation of provisions of this
a« t; defining and requiring the casing
and capping of artesian wells; authoriz-
ing 'I'" organization of corporations to
(i»i:stnirt and operate irrigation works;
authorising contractu for supply and de-
llv( ry i'f water, and authorizing and cre-
ating liens to secure payment therefor;
an homing the conservation of storm
v. iter- j!11d 'the sale and delivery thereof,
and authorizing the use of the beds of
natural streams for such purposes, ani
imthorlzing the Board of Water ISngin-
net rs to prescribe rub-* and regulations
In, aid thee.-of. authorizing writs of in-
junction and other process to prevent the
illegal taking of such water; authorizing
01 mi; ..I irrigation works to adopt rules
end regulations governing the use and
distribution of water; authorizing the ac-
quisition of lands by irrigation companies
aril requiring the alienation therof; auth-
orizing work under the Federal Reclama-
tion act, authorizing the Board of Water
Knguicrs to supervise and in certain
eases c>iablish arid regulate rates for
tin use of water; forbidding the obstruct-
ion or pollution of Irrigation canals and
reservoir. Authorising the Board of
Water Knglneers io make measurements
of flowing : M il ms arid to gather other
data, recognizing oxlstlng rights; making
an appropriation; and repealing Chapters
I <iu«1 , Title 7". Revised Civil Statutes,
an 1 oth«*r laws, and declaring an emerg-
ency,
111 OKI-; 18 THB LAW.
fit1 it suae tod by the Legislature of the
State of Texas;
N riiuii 1 Certain waters declared Slate
pnaieiiy. Th.' unappropriated waters of
tin ordiuary flow and underflow and tided
of . \ory Mowing river or natural stream,
<>f all lake. , hays or arms of the Gulf or
Mexico, collections of still water, and of
the storm, flood or rain waters of every
river or natural stream, canyon, ravine,
depr. ion or watershed, within the State
of T< ' ;i. the titlo. to which has not al-
read.\ parsed from the State, are hereby
dec'j,n-.( to ho the property of the State,
and the right to the use thereof may be
" ub I by appropriation in the manner
and for the uses and purposes herein-
afi»r provided.
' Purposes for which storm, flood
or i in waters may he diverted.—The
storm, flood or rain waters described in
the pree.-dlnir section may be held or
stond I»>• dams. In lakes or reservoirs,
or diverted by means of canals, ditches,
jiiiakts, pumping plants, or other works,
constructed by iny person, corporation,
asMiei iilon of persons, or irrigation dis-
trict created under the statutes, for the
pur post of irrigation, mining, milling,
manufacturing, the development of
power, the construct Ion and operation of
waterworks for cities and towns, or for
stock raising.
Sec. 3. The ordinary flow and under-
flow of flowing streams may be diverted,
etr.-The ordinary flow and underflow of
the (lowing water arid tides of every nat-
ural river, or stream, within the State
of Texas, may bo taken or diverted from
Its natural channel by any of the per-
sons named in the preceding section for
any of lho purposed stated therein; pro-
vlded. ,bnt such ordinary flow and un-
derflow shall not i,o diverted to the prel-
udh-e of the rights of any riparian owner
without bis consent, except after con-
demnation thereof In the manner herein-
after provided. The waters of anv arm
or iulet of the Oulf of Mexico, or of any
sa'f water bay, may be changed from
salt to sweet or fr->sh water, and held
or stored by dams, dikes or other struc-
tures. and fsken or diverted by any of
the persons named in' this section for |
any of the purpose stated herein.
See. \ Purposes of appropriation.—The
Appropriation of water must bo for irri-
gation. mining milling, manufaeturing,
the development of power, the eonstruc-
ticn and operation of waterworks for
cities and ;ov.us, or for stock raising.
Provided thet so ficr as practicable and
witnlr th" limitf* of the public welfare
th" wm?« i ■ ngb.eenng boarl hereinafter
or-iled /haii subordinate the appropria-
te n of water for power to the apprnpria-
tiru of wat< r for irrigation.
J'er Priority of appropriation—Al
between appropriates. tiie first in time
is tho firrt In right.
Her »!. State divided Into water divis-
ions. -The State shall be and is hereby
divided Into three water divisions, as fol-
lows
All that portion of the Btate of Texas
lying lioi th of the twenty-ninth parallel,
north latitude, and west of the one hun-
drelth meridian west longitude, shall
constitute water division No. 1.
All that portion of the State of Texas
lying east of the ninety-seventh merid-
ian west longitude, and south of the thir-
tieth parallel north latitude, together
with all thai portion lying north of the
thirtieth parallel north latitude ami east
«?? the one hundredth meridian west long-
itude. shall constitute water division
Xo. 2. f
All that portion of the State of Texas
not embraced In water division No. 1 or
water division No. 2. as hereinbefore de-
fined. shall constitute water division
No. if,
THHKK ON* THIS BOARD/
f-'ee. 7. Board of water engineers cre-
ated -There shall he and Is hereby con-
stituted a Board of Water KnglneeM, to
be composed of three members, one of
whom shall be appointed from each of
the respective water dlvlslotfti describe\
in the preceding section The members
of sueh board shall he appointed by the
Governor, by and with the advice and
consent of Ihe Senate, and shall each
bold office for a term of six years, and
until bis successor Is appointed and qual-
ified; provided, that at the first appoint-
ment made under this act. one member
shall be appointed to serve for two vears,
one im iuber shall be appointed to serve
for four years, and one member shall be
appointed to serve for six years, to the
*»d that we Mwoibor may be appointed
every two years after the passage of this
act. No person shall be appointed a
member of the bo:«rd who hast not audi
technical knowledge and such practical
experience ftnd skill as shall fit him for
the duties of the office. Kucb member
of such tioard shall enter into bond to
be approved by the Governor, made pay-
able to the Governor and his successors
In office, in the penal sum of 110,000, wlt.li
not leas tham two personal sureties, or
with one suroty or guaranty company
authorized to do business* in this State,
conditioned for the faithful discharge of
the duties of his office, and tor the de-
livery to his successor or other of fleer
appointed by the Governor to receive
same, of all moneys, hooks and other
property belonging to the state then in
his hands or under his control or vsitb
which he may be legally chargeable as
a member of such board. The Governor
shall have power to remove at any time,
for cause, any member of the Stato
Board of Engineers, after aid member
shall have been given a full, free and
public hearing by the Governor, In his
own behalf, before final action is taken,
and shall appoint a successor.
Sec. N. Salary—Each member of such
board shall receive a salary of I'-l.tiOO per
annum, payable in monthly installments.
Sitae. if. Sessions, clerks, etc.—The mem-
bers appointed shall meet at Austin and
organize and elect one of their number
chairman of said board. A majority of
said board shall constitute a quorum to
transact business. Said board shall ap-
point a secretary at a salary <ff not mon
than $2,000 per annum, and may appoint
such experts and employes as may be
necessary to perform any duty that may
be required of them by this act. and fix
their compensation. The secretary shall
keep full and accurate minutes of ail
transactions and proceedings of said
board and perform such duties as may
bo required by the board. The board
shall have power to make all needful
rules for Its government and proceedings,
and shall have a seal, the form of which
it shall prescribe. The board shall he
furnished with an office at Austin with
necessary furniture, stationery, supplies,
etc., at the expense of the -State, to be
paid for on the order of the Governor.
Sec. 10. Expenses—The members, sewe-
tary, experts and employes of the hoard
shall be entitled to receive from the State
their necessary traveling expenses while
traveling on the business of the hoard,
to be paid out on the order of the Gov-
ernor, upon an itemized statement sworn
to by the party who Incurred the ex-
pense and approved by the board.
Sec. 11. May hold sessions at any place,
etc.—The board may hold sessions at any
place In this State when deemed neces-
sary to facilitate the discharge of its
duties.
KEEPING TAB ON WORK.
Pec. 12. Record of appropriations to be,
filed, etc.—Every person, association of
persons, corporation or irrigation district
who shall have heretofore constructed or
partially constructed any dam, reservoir,
lake, canal, ditch or other work for any
of the purposes named In thlf act, who
have not heretofore done so, shall, within
one year after this act goes into effect,
and not thereafter, file for record In the
office of the county clerk of the county
where the dam, lake, reservoir, pumping
plant, intake, or headgate, ditch or canal
may be situated, or to which said county
may be attached for Judicial purpose a.
and which shall be recorded by said
clerk as hereinafter provided, a sworn
statement in writing showing approxi-
mately the number of acres of land t hat
will be Irrigated, the name of such ditch
or canal, the point at which the headgate
thereof is "Situated. the size of the ditch
or canal and width and depth, and tye
carrying capacity thereof in cubic feet
per second of time, thu name uf said
stream from which said water Is taken,
the time when the work was commenced,
ihe name of the owner or owners thereof,
together with a map showing the route
of such ditch or canal; and when the
water is to be taken from a reservoir,
dam or lake, the statement above pro-
vided for shall show in addition to the
ditch and other things provided for, the
locality of the proposed dam, reservoir
or lake, giving the names or numbers of
tlx surveys upon which It is to he lo-
cated, its holding capacity in cubic feet
<f water, the acreage and surface feet
of land that will bo covered, and the
limits of such lake, reservoir or dam,
and the area of the watershed from
which the stonn or rain water will be
collected
flee. 13. County clerk shall record, etc. -
The clerk of the county court shall
promptly record the statements and
maps, the filing and record whereot Is
provided for in section 12 hereof; and
shall index the same as Is provided for
the Indexing of deeds and conveyance to
real estate; and shall receive for such
filing and recording the sumo fetfl pro-
vided by law for the recording of deeds;
and shall make and furnish certified
copies of such Instruments upon demand,
In the same manner, and receive the
same fees therefor, as Is now provided
for tho making and Supplying of certi-
fied copies of the records In bis office.
fee. 14. Statement to be filed with
board, etc.--Every parson, association of
persons, corporation, or irrigation dis-
trict. who shall have heretofore filed
for record, ur shall hereafter, in compli-
ance with the provisions of section 12* j
file for record tho sworn statement in. '
writing as set out therein, shall, within I
one year after this act shall take effect, I
file In the office of the board a certified '
copy of such sworn statement nnd a
true copy of the map as described in
section 12. and In addition thereto, a
sworn statement showing what has been
done under or In pursuance of such fil-
ing or statement; what work or construc-
tion has been completed or partially com-
pleted; what nortlon of said work Is In
use and what portion Is In possession and
not In actual use what amount or vol-
ume of water is being actually taken,
diverted or used and for what purpose;
and the amount or volume of water, as
near as may be, that baa been diverted,
taken or used, and for what purpose. In
each and every year since such original
filing was made; and if such water was
diverted, taken or used for irrigation, the
statement shall show, as neat as may
be, a description and the area of land's
being irrigated at said thne, and the
number and names of the uaers and con-
sumers of water at said time. Every
such statement shall be accompanied by
a designation of the name and postofflce
address to which any. notice authorised
or required under this act shall be di-
rected. ami such address shall continue
In force until written notice of a change
In such addrers Is filed with the board.
Every person, association of persons,
corporation or irrigation district, who
has, 4>rlor to the first day of January,
inn. actually taken or diverted anv wa-
ter and applied same to any of the uses
and purposes named In this act. add Is
at the date of the filing of the statement
herein provided to be filed, continuing to
use and apply such waiter, who shall,
within one year after this act shall ro
Into effect, file with the board the sworn
statement last described In this section,
shall, as against the State, have the
right to take and divert such water to
the amount or volume thus being actually*
used and applied; provided, that nothing
herein shall be construed to affect or
relate to any priority or right as between
any claimants, appropriates, or users
from any source of water supply.
HOW TO GET THE WAtfER.
Sec. 15. Application to appropriate
water: Every person, association of per-
sons, corporation, or irrigation district,
who shall, after this act shall take effect,
desire to acquire the right to appropriate
for the purposes stated in this act, un-
appropriated water of the State, shall,
before commencing the construction, en-
largement, or extension of any dam,
lake, reservoir, or other storage work,
or of any ditch, canal, headgate, Intake,
pumping plant, or oiimr distributing worjs
or performing any work In connection
with the storage, taking, or diversion of
water, nia.ke an application In writing to
the board for a permit to make such ap-
propriation, storage, or diversion.
Such application snail be in writing and
sworn to; shall be in duplicate, find-shall
set forth the name and postofflce address
of th( applicant; the source of water
supply; the nature and purposes of the
proposed use; the location and descrip-
tion oi the proposed dam, lake reservoir,
headgate, intake, pumping plant, ditch,
i anal or other work; the time within
which it is proposed to begin construc-
tion; and the time required for tho ap-
plication of the water to tl.e proposed
use; and if such proposed use Is for
irrigation, a description of the lands pro-
posed to be Irrigated aiui, as near as
may be, the total acreage thereof.
Such application shall be accompanied
by a map or plat drawn on tracing llnon
on u scale not less than two Inches to
the mile, showing substantially th" lo-
cation and extent of the proposed works;
the location of the headgate, Intake,
pumping plant of point of diversion by
course ana distance from permanent nat-
ural objects or land marks; tin* location
of the main ditch or canal and of the
laterals or branches thereof; the course
of the river, stream or other source #of
water supply; the position and area of
all lakes, reservoirs, or basins intended
to be used or created", and the water line
thereof; the intersection with all other
ditches, canals, laterals, lakes or reser-
voirs, the ptppnsed work will touch or
intersect, or with which connections will
be made; and shall represent in ink of
different color from that used to repre-
sent the proposed works, the location of
all ditches, canals, laterals, reservoirs,
lakes, dams, or other work of like char-
acter then existing on the ground, with
a designation of tho nappe of the owner
thereof. Such map or plot shall contain
the'name of the proposed work or enter-
prise; the name or names of the appli-
cant or applicants, and a certificate of
the surveyor, giving the date of Ills sur-
vey, ids name and postofflce address, and
also 'the date of the application which It
accompanies.
Provided, however, that nothing In this
act shall be held or construed to require
the filing of an application or procuring
of any permit for the alteration, enlarge-
ment. extension or addition to any canal,
ditch .or other work that does not con-
template or will not result in an in-
creased appropriation or the use of a
larger volume of water.
Sc< 10. Additional data may he re-
quired: If the proposed taking or diver-
sion of water for irrigation is of greater
volume than thirty cubic feet of water per
second of time, the board may require
I lie following In addition; A continuous
longitudinal profile of the main ditch or
canal, showing the grade or level of the
bottom thereof, and of the top of the
levees, and of the maximum discharge line,
the horizontal scale of which profile shall
not be less than one inch to twenty feet,
a plat showing cross sections of such main
ditch or email at a sufficient number
of points to show the different forms,
whether iq excavatiou, In fill. In siphons
or flumes, and which plat shall be drawn
on a horizontal and vertical scale of one
Inch to twenty feet; pints of any dams,
crlhs, enbankments or other source of wa-
ter supply, which shall he on a longitu-
dinal scale of not less than 1 Inch to 200
feet, and cross sections thereof on a scale
of tuff'less than one inch to twenty feet:
the nature of the material to he used and
the method of proposed construction; and
a plat On a scale of not less than one inch
to four feet, showing in detail the tim-
ber, brush, stone or other construction ex-
cept earth.
The maps or plats of all proposed lakes
or reservoirs slut 11 show the maximum area
to be submerged, with a description there-
of. and with sufficient topographical de-
tails to enable tiie contents thereof tq he
approximately determined, and the con-
tours of such lake or reservoir shall he
on a scale of not less thun five-feet ver-
tical Intervals.
The board may aJso require the filing
of a copy of tiie engineer's field notes
of any survey of sueh lake or reservoir,
and may require plans and specifications,
showing in detail all headworks, waste-
ways, wastegates and of construction for
the control or drawing off of all flood or
Impounded waters.
The board may, in case the applicant
i« an incorporatud company, require the
filing of certified copies of the applicant's
articles of Incorporation, together with a
statement of the names and addresses of
its directors and officers, and of the
amount of its authorized and of its paid-
up capital stock.
If the applicant be other than an in-
corporated company, tbo hoard may re-
quire tiie filing of a sworn statement,
showing the names and addresses of the
person or persons interested in same ami
the extent of such interest and of the
financial condition of each such person.
Every such application shall be accom-
panied by the fees hereinafter provided,
atyd shall not be filed or considered until
such few nre paid.
BOAfcJ) HAS POYYEr.
Se 17. Preliminary examination: Upon
the filing of such application, accompanied '
by the data nisi fees hereinafter provided, I
it stiii 11 he the duty of the board to make
a preliminary exainlnatloiif thereof, and If
it appear that there is no unappropriated
water in the source of supply, or that for
other reasons the proposed appropriation
should not he allowed, the board may
thereupon reject such application, in which
case, if the applicant shall elect not to
proceed further, the board may return to
such applicant any part of the fees accuiu-
pauviug such application.
The board shall determine whether the
application, maps, plats, contours, plans,
profiles and statements accompanying
same, are iu compliance with the provi-
sions of this act and with the regulations
of the tioard and may require the amend-
ment thereof.
Sec. IK Application to be recorded:
All applications filed with the board shall
he recorded lu a well bound book kept for
that purpose In the office of said board,
and shall he Indexed alphabetically In the
name of the applicant, of the stream or
siijuic from which such appropriation Is
sought to I* made, aud the county In
\thhh appropriation is sought to be made.
Sec. 10. Action upon application: It
shall be the duty Df the hoard to reject
all applications and refuse to issue the
permit asked for, if there Is no uhappro-
priated water la the proposed source of
supply; or If the proposed use conflicts'
with existing water rights, or riparian
rights, or is detrimental to the puhlie wel-
fare It shall be the duty of the board
to approve all applications ami Issue the
permit asked for. If such application is j
made In proper form iu compliance with ,
the provisions of this act and the regain-
tlous of said board; and Is accompanied
by the fees required In this act; and If
the proposed appropriate! templates
the nppllcatlon of water to any of the uses
and purposes provided for in hiih act, and
does not Impair existing water rights, or
riparian rights, and is not detrimental to
tin public welfare.
Sc«. JfO. Notice of bearing of applies. |
tion. etc.: Hefure the board shall approval
any such application and Issue anv such
permit, notice of sueh implication snail be
given substantially In the following man-
ner :
Such notice shall be In writing; shall
state the name of the impliesut and his
residence; the date of the filing of the
application In the office of the board;
the purpose and extent of the proposed
appropriation of water; the source of «iqi
ply; the place at which the water is
stored, or to be taken or diverted from
the source of supply, together with such
additional information as the board ma*
deem necessary, If the proposed use |»,
for Irrigation, such notice shall contain •
general description of the location and
area of the land to be Irrigated, Such no-
tice shall also stale tho time and place
when and where such application wi 1 lie
heard by the board.
Sec, 21."Publication, of notices, etc.:
Such notice shall lie published once in
each week for four ionutive weeks
prior to the date stated in such notice
for the hearing of sueh application in
some newspaper having a general cir
dilation lu that section of the state in
which the source of water supply 's lo
en ted. In addition to such publication, a
copy of such notice shall be transmitted
by Ihe secretary of the board t»v rei»is
tered mail, addressed to each «,,m,,.
appropriate!* of water from such s
of water supply, the record of whose claim
or Impropriation has been filed in the of
flee of the hoard. Such notl r , shall he
mailed not less than twenty before
the date set for the hearing.
ENTERING AN APPEARANCE.
Sc. 22. Hearing upon application At
tho time and place stated in tin- notice,
the board shall sit to hear such applica-
tion. Any person, association of person.*,
corporation or Irrigation district, inav ap
pear, iu person or by attorney, .mil enter
appearances in writing in said matter, and
present objection to the issuance of per
mit. The board may receive evidence,
orally or by affidavit, In support -i <u.i
in opposition to the issuance of * leh
mit; and may also hear argunieniH. it
shall have power to adjourn such hear-
ing from time to time and from place to
place, and after full hearing to render de-
cision In writing approving or rejecting
such application. Such application may
be approved or rejected In whole or in
part. Provided, however, that nothing
herein contained shall prevent tie board
from rejecting any application in wh d.-
without the Issuance of the not Icq herein
required.
Sec. 2.1. Cost of publication: ! lie ,r;t
of publication of the notice i:, i. ,v
quired and ihe postage for niaili! tin "e,,f
shall in each case be paid by the appli-
cant..
Sec. 24. Suit upon rejected application;
If the board shall reject any application
in whole, the applicant or applicants ma v.
within sixty da.1 s after the entry of >u,:h
order, institute a suit in the District Court
of the county in which such appropria-
tion is sought to be made, in which sie-h
applicant or applicants shall be piaiutill,
aud all claimants or appropriate™ of wa-
ter from the same source of water supplv
who have filed iu the office of the board
a record of their claims or appropriations
as hereinafter provided, shall be undo do-
lendants. In any such cuss, tiie process
pleading, and practice shall be in accor-
dance with the practice of the District
Court as provided in other civil e;iSc-;
Sec. 25. Appeals: If any appiication'he
granted in whole or in part, an. piry.
or number of parties acting Jointly who
may feel aggrieved by any such decision
Of the hoard may appeal from lis action
to the District Court of the countv in
wh eh tho appropriation of water Is so'uirh,
to lie made. All persons appealing shall be
Joined as plaintiffs in the District C-.urt
am all other parties who have enter, j
their appearance in writing before said
board in said matter Shall be Joined as
defendants.
See. *jti. Petition and bond: The party
or parties appealing shall, within si iv
duyn neit afur Ualo „f ,|„.
? i„,?i . n j °pi,ealwl from. Hie in the
l'l8|r".t imirt t„ wlilc], u„. aiw.e.-il u
tukeu a lH'tlliiiii in writing, wntii,,. f0,m
the <>r the hoard appealed from
"" nought; and tihitll also within
•licit time, enter int.. a hond, to
proml h.v tin. district clerk, in sll, |,
""I »» Ihe district clerk shall fu
|>njable lo all del in - till suit, con-
ditioned that he, thev or It -inll m .
cute Kin>h appeal to effect and pay ",li
costs and dumuges which nmv be ndjuVcd
iiguiust theiii, or either or any of them
I pon the flll„K of Huoh petition and I on '
and the approvul of tho l.oiol tn the dls'
perl^'Sfd.
Sec U7. Proceeding, g,argil The clerk
unon tlHp^rf"1 M' """ sl"'11 'mediately
upon thu perfecting of Ihe apnea! in his
court, transmit to Ihe otfice of inc incm!
a certificate, under (he 3 of e eon,
o t"e effect „..lt ^ 7®,°°^,;
perfected. Such certificate shall lie eutercu
X.Je,T ' tbl' ofn°e "f tl,e hoard; mid
Ujton further proceedings |,v paid
untl'i thu "I''/ b« suspended
until thu determination of si,eh appeal
Process shall Issue out hf said lif'ir ct
ceedluiMnV^11'** defw"l:,rit * I""
. " lt* same manner as ,.r..rM...
, Iflw In other civil cases orluiu-i'is
instituted In such court
SCC. S8. Trans,Tipi; The party or parties
Appealing shalJ, Within ninety davs after
the appeal Is perfected, til,. l„ tiw.
Of thu clerk ,.f si;,I, 1,1stri<r Court a
in the 7f!'y of 'r,","Hl'rl|lt "{ 1,11 ''"curd's
iu tin ,ifti,c 0( ||l(, |,,,n,.(I r„|.wlll ,
such application and the action of the
board thereon, llv agreement of all
parties filed with the secretary, unc patt
transcript*" """ "e olnit,"'l fr"'"
, Tr,1;'1 aoro: When appeal to
the District Court Is perfected a irial i!c
novo shall l„, had. The pVocess pl^dl, R
and practice shall near'as tn! f
he. the procedure provided In other civil
cases originally Instituted iu said curt
cii„m,n r"y p;,rI'"'f ''8 made : .in,
♦hi impropriator of water from
Zc:rr 7 ,",i,i|'v' "">• pnrti
having ,,r claiming an Interest In the
rights Involve,! in any such suit, shall
District'6r frt 10 'herein In the
J t lourt. new or additional part es
may he made to such suit; aud anv nanv
Shall have the right to interplead an',
persons, cor-
poration or irrigation district.
in1 helMif "'f"',1! "';lv '"ltrvuue The hoard,
in behalf of the Mate. ,nnv Intervene In
tills act "r prom,|JllJ* authorized by
the board''8 protection.
tifli. ,c. Attorney General to represent
board: in all litigation to which the board
tnnj he a party the Attorney General shall
represent the board.
am!e,'tX|' f.r'co(Ir'"re on appeal: When an
"PI™ '» '"ken as provided I „ct
from any decision of the l„..,r. cans,
Shall have precedence la the District c„ in
over other civil causes nut eultled i» a
like precedence, aud If n„ appeal ho taken
from the District four, lo the Court or
I ivll Appeals, or from the Court of civil
Appeals to the Supreme Court. *>i"li cause
shall haTo ILke precedenci ; provided that
all appeals or writs of error from anv
Judgment rendered iu any of «ucli
shall he p.Tfts led or sued out within
ninety days from the date of such In,I •
Went, and not thereafter.
Sec :iI. Decree of court filed with board:
It shall he ihe duty of the clerk of ihe
District Court, itumcdialftv upon the en-
lerlng of any final Judgment, order or
decree in anv suit or pro, edlug In which
ah appeal is taken to the District Court
us provided in this set tn transmit a certi-
fied copy of such Judgment, order ■ r tie
eree to the board. If sueh
der or decree of the District Court be an
pealed front then upon riunl determination
thereof lu the Appellate Court, II shall be
the duty or the clerk of such court to
transmit n certified copy of said
order or decree |„ the board Saute shall
be forthwith entered upon tho records of
Ihe board I pon the termination or such
litigation the board shall oomph with the
flunl order or decree therein
foe ,15. Ibid : When any court of record
In this state shall render anv Jinleinenl
order or decree affecting i„ «uy mallnor
the title to any water right, claim, ap-
propriation or Irrigation works or anv
"■alter over which III, It „f Water
I.Haiti's1 rs Is given supervision under the
tills ait, it «|, l| bp ||, „ ,|„|v
of ihe clerk of such court to forthwith
transmit to the office „r tin. board a certi-
fied copy of Mttclt Judgment, order ,.r tie
erre.
Sec. :itl Permit stayed ponding appeal •
No permit shall be Issued |„ the board
Until the expiration of slut, ,i„,, „r,nr
the dale or the decision or the board
granting llic appllentl m. lu whole or in
part: or if an appeal i,e t,,I*provided
In this act. no such penult shall be Issued
until the final termination „r sitrii appeal
Sec Form of permit, etc.. livery per
mit Issued by the board under the pro.
visions Of this set shall b« |n writing,
attested by the ,enl of said bosrd, and
wule
r is prop,
id nine of
i lated; a geu'i
o of supply fr-
Is proposed t,
t loll
feethe
Hon
>< ml st
of the
nils to
!i other
ma;
pn
pi
ie board, the use
appropriation of
inde, the amount
ortzert to be ap*
serlptlon of iite
Ich the appropri-
ate; and If such
at Ion, n descrlp*
i) irrigated: to*
ita and lnforina*
•escribe. If
rm to t
• decre
•rniit, >
tho ;
upon
(loll,11
well-bound bo
that purpose o
alpha bet n ally
plicant and it
water supnly.
such permit up
Such permit, v
of the countv
itico of the fll
of the Jurtn-
of mi} court as provided
t. same shall in nil renpeets con-
ie requirements of suoh judgment
upon the issuance 01 such
line shall h< transmitted by the
of the board by registered mall
mtv clerk nt the county in which
oprlatiou Is to lie made: and
•ipt. of a recording fee of one
be paid In tiie uppllcant, such
I file and record Ihe same In * I
d book provided and kept for (
• '-e onl.. and to Index the same,
" ider the name of the up |
i In- stream or source of
ml thereupon to deliver
i demand to the applicant.
ii thus filed In the office
rk. shall be constructive
f tlie application with
the hoard; of the Issuance of the permit,
ami of all the rights arising thereunder
RULES OF CONSTRUCTION.
fk'C. 38. Work to begin In ninety days,
etc.; Within ninety days after the date
of Issuance of the, permit provided for in
this net, the applicant seeking to appro-
priate water thereunder shall beuln actual
rot strn< Hon of tin pv,io<' l «|il«!:. canal,
'lam, lake, reservoir or other work, and
shall prosecute the work thereon diligently
"'Hi continuously to ccnipletion ; provided,
that the board may be an order entered o»
tVuird, extend the tlnio for beginning the
actual construction of such work lor u
period not to exceed twelve months from
'the date <»f issuance of such permit; and
|urther provided, that If any applicant
shall tail to comply with the requirements
of ilds -I'd ion, he, they, or It shall there-
by forfeit all rights under such permit.
If any uppllcant to whom a permit is
bsii'd shall, after beginning the actual
cwiisi ruction of worl provided lu this
section, fail i<» thereafter prosecute the
same diligently and continuously to com-
pletion, the board may, after notice to the
applicant, and giving him au opportunity
t<» he heard, by an order entered of record,
revoke and cancel such permit, iu whole
or in part. A certified copy of such
order shall be forthwith transmitted by
the secretary of the boiird, by registered
mail, to the clerk of thejcounty in which
such permit is recorded, and which order
shall be reco/ded by said county clerk;
provided, thai any applicant whose permit
is thus canceled or revoked or sought to
be canceled by the hoard shall have the
ri^hf to contest same lu the District Court
in the Name in inner as provided in this
flct for the iejection of >tn application.
;vv. I mc of water wiiliout permit
forbidden; Any pi i on, association oi
persons, corporal inn or irrigation district,
'or any agent, officer employe or repre-
sent iiive of ii11\ pers >n. association i»f
peiv-oiis, corporation or irrigation district,
who shall wilfully take, divert or appro-
priate any of the water of this State, or
ilie use of such water, for any purpose,
without first complying with all the pro-
visions of this act. shall be deemed guilty
of a misdemeanor; nnd <»n conviction
thereof shall be fined in any sum uot »•*
feeding -too. or by Imprisonment iu the
county Jail for a term not exceeding six
mouths, or by both such fine aud impris-
onment; and each day that such taking,
diversion or appropriation of water shall
continue shall constitute n separate oi •
fecso; and the possession of such water,
except, when the right to its use is ac-
quired in accordance with the provisions
of law. shall be prima facie proof of the
fe'ttill of the person, association of persons,
corporation, Irrigation district, or the
a>:i nt. officer, employe or representative I
of any person, association of persons, cor-
poral mi or irrigation district.
Sec. 40. State inav recover penalty ; Tn j
addition to the punishment prescribed in
the last preceding section, any person, as-
sociation of persons, corporation or Irriga-
tion district, or any agent, officer, em-
ploye or representative or any sueh person,
association of persons, corporation or ir-
r lion district, who nhall willfully take
divert or appropriate water of the State,
o" I ie i: of such water, without first
"C•( i "in■: with the provisions of this act.
shall be liable to a p.naity of one bun-
dled dollars per day for each and every
nay Hint such taking, diversion, appro-
pi ii- n or use may be made, ^nnd the
St;:te Ilia , recover such penalties by suit
brought lor that purpose in any court of
competent jurisdiction.
Set. it. Date of priority: When any
penult is issued under the provisions of
this act, the priority of the appropriation
of water or the claimant's right to tiie
use of such water shall date from the
(iate of the filing of tiie original appli-
cation In the office of the board.
MKASrUlS OP* WATER.
Sic Hoard to measure streams, make
reports, etc.: It shall be the duty of the ;
hoard to make or cause to be made mens* j
ufoments aud calculations of the flow ot
Ktieinns from which water nay he appro- J
printed as provided In this act, commenc-
ing such vork In those streams most i
used for irrigation or other beneficial j
e:,es; t'» collect data aud imrke surveys;
to determine the most suitable location-
for construct lag works to utilise the water
of the State; to i certain the location and
urea of the lands best suited for irriga-
tion; to examine and Mirvev reservoir
sites; and wherever practicable to make
ctlni'iles of the cost of proposed irrita-
tion < orks, ami of the improvements of I
nnn dr sites. It shall be the duty of
the board to make itself conversant with
the watercourses of the State ami of the
ne ts ,»f the State concerning irrigation
uuilteis and the storage nnd conservation
of the waters of the State for other pur-
loses. The bend shall make biennial re-
ports in writ Wig to the Governor, 111
v I a h .shall tie included Ihe <iatu and iu-
foriuui iuu collected by said board, and
in which shall be included such sugges-
tions as in the amendment of existing
laws aud the enactment of new laws as
the information and experience of th«j
boatd uia\ suggest, riie board shall keep
In its office full and proper records of
iis obs- rvaflot.s and calculations,
til! of which sl all be the property of the
Strte. V
sei IHoard to make rule*, etc.; 'ihe,
I o, rd may adopt aud enforce such rules,
iovulations and modes of procedure as it
mi y deem proper for the discharge of tnu
duties ln« uniheii! upon It under the pr>- I
visions of this act.
Sec. 44 fe'ecs: I he board shall charge •
And collect for the bend It of the State
tin following fc*;
For fUiug each aud every application
for the stotage of water, a fes of twenty-
five dollars; provided, that ir the appli-
cation shall contemplate and propose th*
storage of Water iu excess of flte thou*
SSiul acre feet. an additional fee of one
dollar snail be charged fur eaih additional
one thousand sere leet or fractional part
theleol.
I or fillnir each and every application
which contemplates and proposes the tak-
ing or diversion of water for Irrigation
purposes, one cent per acre for each and
every m re proposed to be irrigated.
l or filing each application contempts!*
In a and proposing the taking, diversion
or use of (lowing water for any other pur
pi iit%n *loini:e or the Irrigation "f
land ai hereinbefore provided, seventy-
five cents for each cubic foot of water pei
second <<f time ou- M to be appropriated;
provided, that If Ihe appropriation shall
QQlttlBplatl lie- It of .C attft di4 el aloft Il4
use of water, for any fw« of such pin-
po i the f»«e charged and collected shal!
be based upon any one of such purpose*,
and that shall be the one for which Mu |
biciie*t fee is provided herein.
For 11'" filing of each ami every exhibit,
nap. affidavit or ^tlier paper authorised
If be filed in the office of the Board of
Water Kngiiieers u filing fee of ten cents.
For the recording of eac h and every
pnp r authorised or required to he re
corded io the records of the office of the
board, n fee of fifteen cents per folio of
one hundred words.
For making and certifying each and
every copy, of any Instrument or paper
authorized to be certified under the seal
of such board, a fee of fifteen cents per
fr.llo, including tho certificate.
For making and certifying copies of any
map or blueprint thereof authorized to be
filed In ihe office of the board, the same
fees us are now or may he prescribed by
law for the making and certifying of such
Copies by the Commissioner of the (Jen-
ciuI Land Office.
For filing each application for -^tension
of time within which to complete work, a
fee of twenty-five dollars.
Sec 4ii. Kitcuslon of time: When th*
holder of any permit Issued under the
provisions of this act lias actually com-
menced construction of work thereunder,
; nd bus prosecuted and N prosecuting the
same w it it diligence as provided i/i this act.
tiie board inii.v, upon an application In
writing, presented to the board fur good
• . use shown by an order entered of ret-
i ni. extend the time within which eon-
si nation is required to lie completed: pro-
vided, the board shall not consider or
giant any application for such extension
nntil the applicant lias first paid the foes
provided therefor.
THE STANDARD UNIT.
See. 4<i. Standard of measure: A cubic
foot of water per second of fiine shall be
the standard unit for the measurement of
flowing water, both for the purpose of
determining the flow of wafer in streams
and for the purpose of distributing water
for beneficial uses. The standard unit
of volume of static water shall he the
acre foot.
I Hits defined: A cubic foot per second
of time is (lie quantity of water that will
pass through > square fonf opening n*
i in seeoiid when (lowing it nu average
velt.city of one foot per si id. An acre
foot is the tjtunlily of water required to
cover one acre one foot deep.
Sec. r, Water right: A wafer right
Is the right to use tiie water of the State
whei such use has been acquired by tho
application of water under the statutes
of tills State and for the purposes stated
in this act. Such use shall be the basis,
the measure and the limit to the right to
use water of the state ut all times, uot
exceeding iu any case the limit, of volume
to which the user is entitled and the vol-
ume which is necessarily required and
can be beneficially used for irrigation or
other authorized uses.
Sec. 48. Right limited to beneficial use:
Rights to the use of water acquired under
the provisions of this act shall be lim-
ited and restricted to so much thereof as
may be necessarily required for the pur-
poses stated iu this act, irrespective of the
carrying capacity of the ditch, and all the
water not so applied shall not be consld-
eiid as appropriated.
Sec, ID. Itight forfeited by abandon-
ment ; Any appropriation or use of water
heretofore made under any statute of this
State or hereafter made under the pro-
nvisions of this net which sail be willfully
abandoned tin ring any three successive
years, shall be forfeited and the water
formerly so used or appropriated shall be
again subject to appropriation for the
purposes stated in this act.
See. 4Oh. Any person, association of
persons, corporation or irrigation district,
having prior to # March i!X, I'.H.'i. con-
structed any dam or darns across any
river, or other stream, for the purpose of
storing water for any of the purposes set
forth in section 2 of this act shall have
the right to appropriate the ordinary flow
or underflow, or tiie storm, flood or rain
waters of such stream, iu uuiouuts nnd
quantities equal to the holding capacity
of such dam or dams, by making appli-
cation as provided for in section 14 of
this act. and such application shall have
priority over all other applications; and.
provided, that any sucn person, associa-
tion of .persons, corporation or irrigation
district thus impounding water in auy
river channel, lake or reservoir aud ap-
propriating the same shall have the right
to collect from any riparian owner who
shall divert sm li impounded water from
said reservoir by pumping or otherwise
a reasonable sum for the water so divert-
ed, such sum to be determined by the
Hoard of Water Knglneers, based upon
the benefits accruing to such riparian
owner by reason of the construction of
such darn, lake or reservoir and the Im-
pounding of such waters therein; pro-
vided, the owner of such dams, lake of
reservoir, and Ihe owner of riparian
rights using such water cannot agree
upon the price to be paid therefor.
Sec. f»o. Conservation of storm water
authorized: Any person, association of
portions, corporation, or irrigation dis-
trict having in possesmon and control
storm, flood or rain waters conserved or
stored under the provisions of tils act
may enter into contract to suppiy satr.e
to any persou, association of persons, cor
poration, or irrigation district having ihe
right to acquirc such use; provided, that
the price and terras of such contract shall
be just and reasonable and without dis
crimination and subject to the same ie
vision and control as hereinafter pro-
vided for other water rates and charges;
provided, that if any person shall use
such stored or conserved wafer without
first entering Into contract with the
party having stored or conserved the
same, such user shall pay for the use
thereof such charge or rental as tiie
board shall find to be just aud reason-
able. ami subject to revision by the court
u« herein provided for other water rates
and charges.
Se. .,I. t se of strenms for conveying
stored water: For the purpose of convey-
ing and delivering storm, flood or ruin
water from the place! of storage to the
place of use as provided lu the preceding
section, it shali l»e lawful for any person,
association of persons, corporation or ir-
rigation district to use the bank* and bed
of any flowing natural stream within this
State; under and in accordance with sueh
rates aud regulations as infe- be pre;
scribed by the Hoard of Water Knglneers;
and such botrd shall prescribe rules ami
regulations for such purpose. N«» per-
son. association of persons, corporation or
Irrigation district who has not acquired
the right to the use of such conserved or
stored waters as provided In the last pre-
ceding section shall take. use. or divert
same.
Sec. 52. Penalty for unlawful Inter-
ference: Any person, association of per-
sons, corporation, or Irrigation district,
or the agent, officer, employee, or repre-
sentative of any such person, association
of persons, corporation or irrigation dis-
trict who shall willfully interfere Witt
the passage of or take, divert, or appro-
priate nnch conserved or stored water dur-
ing the passage,and delivery thereof as
provided in the last two preceding sections;
shell be deemed guilty of a misdemeanor
aud upon conviction thereof, shall be fined
In an\ sum not exceeding SUM), or by Im-
prisonment In the county Jail for a term
uot exceeding six months, or by both
such fine and Imprisonment.
Sec. 5,1. Injunction authorized: Ii shall
be the duly of the District Court, or ths
judge thereof, of any Judicial district In
or through which the conserved or stored
waters described In the last three pre
ceding set lions may pass, at the suit of
any party having un Interest therein, upon
it being made to appear that any persou.
association of persons, corporation, or Ir-
rigation district or any agent, officer,
employee, or representative thereof Is In-
terfering with or threatening or about to
Interfere with, the passage, or Is inking,
diverting, appropriating, or threatening, or
about to take, divert, or appropriate, any
conserved or stored waters, lu violation of
the provisions of the last three preceding
sections; lo Issue sueh writ or writs of
Injunction, mandamus, or other process
as may be proper or necessary to prevent
such wrongful acts.
Set Formation of corporations
authorized: Corporations may be formed
nnd chai'teied under the provisions of this
aej ami of the general corporation laws
of the State of Texas, for the purpose of
constrnetlna. maintaining and operating
• a us Is. dltthe*. flumes, feeders, laterals,
dam*, reservoirs, litltes and wells and of
conserving storing, utfftductlttg and trans-
ferring water to nil persons entitled to the
ns* of the sattin for Irrigation mining,
milling, manufscturlng, lbs development
nis for water-
giits authorlz-
shalt have full
aake contracts
water rights
ed by Ileus on
ed. All such corporad
power and authority
for the sale of perni
and to have the sumeH
the land or otherwise, and to lease, rent
ur otherwise dispose of t;w water, con-
trolled by such corporatloo for ?i«eh time
as may be agreed upon, ami In addition to
the lieu on the crops hereinafter pro-
vided for, the lease or rental contract may
be secured by a lieu on the land or other*
wise,
Set fid. Persons entitled to use water:
All persons who own or bold a possessory
right or title to land adjoining or con- j
tlguous to auy dam, reservoir, canal,
ditch, flume or lateral constructed and
maintained under the provisions of this
act, and who shall have secured a right
to the use of water In said canal, ditch,
flume, lateral, reservoir, dam or lake,
shall be entitled to be supplied from sml
canal, ditch, flume, lateral, dam, reservoir
or lake with water for irrigation of such
land, ami for mining, milling, manufac-
turing. development of power and stock-
raising, in accordance with the terms of
ills or their contract.
Sec. 3". No discrimination against users
if the person, association of persons or
corporation owning or controlling sucii
water, and the person who ow ns or holds
a possessory right or title to land ad-
joining or contiguous to any canal, djtch, ;
flume or lateral, lake or reservoir, con- j
structed or maintained under the pro- j
visions of this act, fall to agree upon a ,
price for a permanent water right, or for '
the uue or rental of the necessary water 1
to irrigate the land of such persons, or
for mining, milling, manufacturing, th*
development of power, or slock raising; |
such person, association of persons or
corporation shall, nevertheless. If be, 1
they or it, have or control any water not
contracted to others, furnish th neces-
sary water to^sueh person to irrigate hii
lands or for mining, milling, manufac-
turing, the development of power ur
stock raising, at such prices a.s shall be
reasonable and Just, anu without dis-
crimination.
Sec. 58. Water to be pro rated: In
case of shortage of water from drouth,
accident or other cause, all water to be •
distributed shall be divided among all
consumers pro rata, according to the
amount be or they may be entitled to,
to the end that all shall suffer alike, and
preference be given to none; provided,
that nothing in this section contained
shall be held to preclude any such per-
son, association of persons or corporation
owning or controlling such water from!
supplying the same to any person having!
a prior right thereto under the laws ut
this Slate.
Se.. 59. Permanent water right and
easement: The permanent water right
shall be an easement to the land aud
pass wltb the title thereto; and the owner j
thereof shall be entitled to the use of
the water upon the terms provided iu
his or her contract with such person, as-
sociation or persons or corporation, or.
In case no contract is entered Into, then
at just and reasonable pi ices, and with-
out. discrimination. Any instrument of
writing conveying a permanent water
right shall be admitted to record in the
same manner as other Instruments re-
lating to the conveyance of laud
Sec. 60. Regulation and rates: If Any
person entitled to receive or use water
from any canal, ditch, flume, lateral,
dam, reservoir or lake, or from any con-
served or stored supply, shall present to
the board his petition in writing showing
that the person, association td persons,
corporation or irrigation district, owning
or controlling such water has a supply
of water not contracted to others and
available for his use, arid fail or refuse
to suppb such water to him, or that the
price or rental demanded ilierefor is riot
reasonable apd Just or js discretionary;
and that the complainant is entitled to
receive or use such water and is willing
and able to p v a just and reasonable
prict i nci'eioi, and s til accompany such
petition v i.i a depos t of fJ">; it shall be
the duty of tiie board to make a prelim-
inary Investigation ot such complaint and
determine if there is probable ground
thereior. If said board shall determine
thiii no probable ground exists lor sueh
complaint, same shall be dismissed, and
the deposit may, at the discretion of the
board, be returned to the complainant
or paid into the State treasury.
GROUNDS FOR COMPLAINT.
Sec. t»J. ibid: if the board shall deter-
mine that probable ground exists for
such complaint. It shall enter au order
setting said matter for bearing at a time
and place to be named therein. The board
may, at its discretion, require the com-
puitnant to make an additional deposit,
or to enter into bond in an amount fixed
b> the board, conditioned for the pay- ,
nient of all costs of such proceeding, and
which bond shall be approved by the
board. Thereupon It «hall be the duty
• d the secretary of the board to transmit
a certified copy of the petition of com-
plainant ami of the order setting same for
Hearing, by registered mail, addressed to
the parly or parties against whom such
complaint is made, and which notice
shall be deposited in tile mails at least
twenty days before ihe date set for sueh
hearing.
S»c. 62. ibid: At the time and place
stilted in such order, the board shall sit
to hear such complaint. It may hear evi-
d- nee orally or by affidavit in support
of or against such complaint, and may
hear arguments, and shall have power to
adjourn such hearing from tutu to time
ami lrom place to piace, and upon com-
pletion thereof shall rendei decision in
writing
Sec. Ibid: Appeal from such de-
cision ot the boaru may be » ikcii within
the time and in the manner aa herein-
before provided for other appeals from
the decision of such board. The decision
may be suspended b> tiie filing of a su-
persedeas bond in tin -tame manner as
now provided in oth r civil casts, pro-
vided. that the board snail fix the amount
of the bond necessary to stay the execu-
tion of any such order.
Sec. U4. Issuance of s.itopo«'nas author-
ised, etc.: In hii\ examination, investi-
gation or proceeding authoiized beior*
the Board of Water Knglneers, sue a
board shall ha\> power to issue sub-
poenas for the attendance of witnesses
under such rules aa the board may pre-
scribe. £ach witness who shall appear
before the board by order of the board,
at a place outside of the county of bis
residence shull receive for his attend-
ance $1 per day and 1 cents per mile trav-
eled by the nearest practicable route in
going to and returning from the place of
meeting of salt! board, which shall i>«
ordered paid by the Comptroller of Pub-
lic Accounts upon the presentation of
proper vouchers sworn lo b> such wit-
ness and approved by the chairman of
the board; provided, that no witness shall
be entitled to any witness fees or mile-
age who In directly interested In sued
proceeding.
Sec. 66. Who may administer oaths,
etc.: In any examination or bearing hold
before the Hoard of Water Knglneers, tha
hoard shall have authority to adjourn
sueh bearing from time to time and from
place to piace. Kach member of so- h
board and the secretary thereof shall be
authorised to administer oaths.
See. t*i Certified copies; t'pon appli-
cation of any person, the hoard shall fur-
nish copies of any order or decision of
record of sueh hoard, or of any paper,
may or otheKdocument filed In the omea
of such board, ami such certified copies
under the hand of the seretary and seal
of the board shall lie admissible In evi-
dence In any court in the same manner
and with Ilk" effect that the original
would lie entitled lo.
e. «7. Rules may be prescribed, etc. j
Rvny person, association of persons,
corporation or intention district, con-
serving or supplying water for any of
thf purposes authorised by this act shall
have the right to make and publish all
reasonable rules and regulations relating
&
ii
mwBM*
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San Antonio Express. (San Antonio, Tex.), Vol. 48, No. 117, Ed. 1 Sunday, April 27, 1913, newspaper, April 27, 1913; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth432432/m1/17/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.