son, company, or association constructing such works and furnishing water for such lands, upon the payment to the board of the price of such lands.

SECTION 8. Any person or persons desiring to construct a ditch, canal, reservoirs or other works for carrying or distributing the public waters for any beneficial use over or upon any of the lands owned or controlled by the State of Idaho, shall be allowed the right-of-way for the same by filing in the office of the State Engineer a map showing the location of such land by an accurate survey of such ditch, canal, reservoir or other irrigation works. Such map shall be drawn on tracing linen on a scale of not less than 1000 feet to the inch, and shall be accompanied by the field notes of such survey of such irrigation works.

In the case of a reservoir, the map shall show, by contour lines at intervals not greater than ten feet, the topographic features of such reservoir site, and shall state the capacity of such proposed reservoir in acre feet; and when the dam or embankment of such reservoir shall be more than ten feet in height, plans showing the construction of such dam or embankment shall be filed in the office of said State Engineer as provided by law. All such maps, plans, and field notes shall be certified by the engineer under whose direction such surveys and plans were made. If such map or description is defective or incomplete, the State Engineer may order the same to be corrected before the same shall be filed in his office: Provided, That the works for which the right-of-way is herein granted must be completed within the time mentioned in the application for the same, (which shall accompany such map) which shall in no case be more than five years from the time of filing such application and map; and the construction of the works herein mentioned must be commenced within one year after such application and map are filed, and be prosecuted to completion diligently and uninterruptedly on a scale reasonably commensurate with the magnitude of the proposed works, in order to obtain the right-of-way under this section.

SECTION 9. When it shall appear upon an investigation by the State Engineer, that certain lands belonging to the State are more valuable for reservoir purposes than for any other purpose, the State board of land commissioners shall, upon being notified of this fact by the State Engineer, withhold such lands from sale, and such

lands shall be reserved by the State for storage purposes as a means of reclaiming other State lands in the vicinity, or to encourage the reclamation of other lands so reserved, may be acquired for reservoir purposes in the manner provided in Section 8 of this act: Provided, That whenever it shall appear to the satisfaction of the State Engineer that an application for right-of-way under the provisions of this act is made for purposes of speculation, or that any privileges enjoyed by virtue of this act are used for speculation, or for purpose of depriving others of the beneficial use of the same right-of-way or any portion thereof; or when he is satisfied that the person or corporation applying for or holding such right-of-way is not able financially to carry on the work for which such lands are set aside, the said State Engineer shall have the authority to refuse or withdraw such right or privileges: Provided, That any person or corporation affected by any such decision of the State Engineer, and who shall feel aggrieved thereby, may appeal from such decision to the State board of land commissioners, who shall carefully consider the evidence submitted by such person or corporation together with a full report on the matter by the State Engineer, and whose decision shall be final.

SECTION 9a. When any ditch, canal, or reservoir delivering or distributing water to several users has one or more rights or priorities by reason of enlargement made from time to time, the right of the land being irrigated by such works shall be divided into classes; right of the first class belonging to those lands reclaimed between the dates of the first and second priorities or rights of such works; rights of the second class belonging to those lands reclaimed between the dates of the second and third priorities of such works; rights of any other class being determined in like manner; but all the rights belonging to the same class shall be equal and subject alike to the regula tions of their respective class.

SECTION 9b. Water being essential to the industrial prosperity of the State, and all agricultural development throughout the greater portion of the State depending upon its just apportionment to, and economical use by those making a beneficial application of the same, its control shall be in the State, which, in providing for its use, shall equally guard all the various interests involved. All the waters of the State, when flowing in their natural chan

nels, including the waters of all natural springs and lakes within the boundaries of the State are declared to be the property of the State, whose duty it shall be to supervise their appropriation and allotment to those diverting the same therefrom for any beneficial purpose, and the rights to the use of any of the waters of the State for useful or beneficial purposes are recognized and confirmed; and the right to the use of any of the public waters which have heretofore been or may hereafter be allotted or beneficially applied, shall not be considered as being a property right in itself, but such right shall become the complement of, or one of the appurtenances of the land or other thing, to which, through necessity, said water is being applied; and the right to continue the use of any of such water shall never be denied or prevented from any other cause than the failure on the part of user thereof to pay the ordinary charges or assessments which may be made to cover the expenses for the delivery of such water.

SECTION 10. That all acts or parts of acts in conflict with this act are hereby repealed.

SECTION 11. Whereas an emergency exists, therefore this act shall be in force from and after its passage and approval by the Governor.

Approved on the 18th day of March, 1901.

HOUSE BILL NO. 142.

AN ACT

RELATING TO THE SALE AND RENTAL OF THE PUBLIC LANDS OF THE STATE, AND AMENDING SECTIONS 8, 16, 17 AND 23 OF "AN ACT DEFINING THE POWERS AND DUTIES OF THE STATE BOARD OF LAND COMMISSIONERS, PROVIDING FOR THE SELECTION, LOCATION, PROTECTION, SALE, RENTAL AND GENERAL MANAGEMENT OF THE PUBLIC LANDS OF THE STATE, AND FOR THE INVEST OF THE FUNDS ARISING FROM THE SALE AND LEASING OF SUCH LANDS, AND FOR THE SALE AND PROTECTION OF THE TIMBER ON THE LANDS OF THE STATE; AND REPEALING AN ACT ENTITLED "AN ACT DEFINING THE DUTIES OF THE STATE BOARD OF LAND COMMISSIONERS, TO PROVIDE FOR THE SELECTION, LOCATION, PROTECTION, SALE, RENTAL AND GENERAL MANAGEMENT OF THE PUBLIC LANDS OF THE STATE, AND FOR THE INVESTMENT OF THE FUNDS ARISING FROM THE SALE AND LEASING OF SUCH LANDS, APPROVED FEBRUARY TWENTY-SIXTH, EIGHTEEN HUNDRED AND NINETY-ONE," APPROVED FEBRUARY 2, 1899.

Be it enacted by the Legislature of the State of Idaho: SECTION 1. That Section 8 of said act be amended to read as follows:

Section 8. Payment for lands and timber sold under the provisions of this act shall be made as follows:

For timber and for lands chiefly valuable for timber, cash in hand; for lands not chiefly valuable for timber, but on which the timber is appraised at more than two and one-half dollars per acre, at least one-half cash in hand; for other lands not less than one-tenth of the purchase price, cash in hand. On all lands whereon there is timber appraised, at not to exceed two and one-half dollars per acre, the appraised value of the timber shall be added to and considered as a part of the value of the land, and such land shall be deemed agricultural or grazing land, and when sold shall be paid for as if no timber were growing thereon.

Notes shall be given by the purchaser for the unpaid portion of the purchase price of all land sold to him, and shall be due in ten years from the date of sale unless the same shall fall due, at the option of the State, because of the failure of the purchaser to perform the convenants of the contract expressed in said note or notes.

The rate of interest on all such notes shall be six per centum per annum, and shall be due and payable as follows: On the day of the sale the interest on the unpaid portion of such purchase price shall be computed and paid up to the first day of January next ensuing, and thereafter it shall become due and payable annually in advance on the first day of January of each year: Provided, That the State board of land commissioners at any time before the expiration of ten years from the date of any sale, may af ter inspection and favorable report by a member or an agent of said board, extend the time of payment to such purchaser for ten years longer; but before a purchaser can be given such extension, he must have paid all interest due the State, and must accompany his application for such extension with a payment of one-tenth of the principal and one year's interest in advance. Notes given for such extended payments must bear the same rate of interest and be upon the same terms and conditions as those required to be given on purchase of lands. All notes required to be given by the provisions of this section shall be executed at the same time that the first payment of purchase money is made or extension given, and shall be in the form prescribed by the State board. Any purchaser may make full

payment for land purchased, at any time; and after the payment of the amount required to be paid at the time of sale, a purchaser may pay any part of the amount due, and such payment shall be endorsed on the note given for the unpaid portion of the purchase price of the land on account of which such partial payment has been made.

SECTION 2. That Section 16 of said act be amended to read as follows:

Section 16. Each lease shall contain a covenant that the lessee will promptly pay the rental annually in advance; that no waste shall be committed on the land; and that the premises shall be surrendered at the expiration of the term of the lease, which may be made from one to five years from the date thereof, at the option of the State board, and in case an applicant desires a lease for more than a term of two years, the same may be granted by the said lessee paying in advance a rental for two years, and an annual payment for one year in advance at the expiration of the first year and continue such payments so that the rent shall always be paid two years in advance. And the failure to pay the agreed rental for a period of one month from the time such rental is due, will work a forfeiture of said lease, after notice, as hereinafter provided.

No lease shall be sub-let without the written consent of the State board.

SECTION 3. That Section 17 of said act be amended to read as follows:

Section 17. Any lessee or purchaser, or any assignee of any lessee or purchaser who is in default of rental or interest due the State for a period of one month after such rental or interest is due and payable, shall be notified by the State board by registered letter, of such default, and if within one month after service of such notice, such delinquent lessee, purchaser or assignee has not paid such rental or interest so delinquent, his lease or contract of sale shall be forfeited, and such forfeiture shall be noted on the records of said board: Provided, That any lease or contract to purchase may be forfeited by said board at any time, and without notice, upon written consent of the lessee or purchaser filed with said board. In case a notice of delinquency can not be sent to any delinquent lessee, purchaser or assignee, as in this section provided, because