GATION PURPOSES BY THE CONSTRUCTION OF DRAINAGE WORKS FOR THE USE AND BENEFIT OF THE LANDS WITHIN SAID DISTRICT, AND AUTHORIZING THE LEVY, COLLECTION AND EXPENDITURE OF SUCH FUNDS AS MAY BE NECESSARY FOR SUCH PURPOSE.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. The boards of commissioners of drainage districts are hereby authorized and empowered to file upon and appropriate in the manner provided by law, waters created or made available for irrigation purposes, by the construction of drainage works within such district, whenever the same can be applied to a beneficial use upon lands within the district, without impairing prior existing rights, which waters shall be equitably and ratably distributed in the manner provided by law to lands within the district which may beneficially use the same in the proportion that the assesssment for drainage of each tract of said land bears to the whole assessment within the district; Provided, That where lands within the district have an adequate water right and the water made available for irrigation by the construction of such works, may be beneficially used upon other lands within the district, the board of commissioners may supply such lands with water, upon their assuming to pay their proportionate share of the drainage assessments, and credit other lands within the district creating such water supply with their ratable proportion, of the actual cost of the delivery thereof.

SEC. 2. The board of commissioners of drainage districts are hereby authorized and empowered to assess upon lands within the district, benefited by such filing and appropriation as provided in Section 1 of this act, a sufficient amount to pay the expenses thereof, which shall be levied and collected in the same manner as funds are now levied and collected for the maintenance of the drainage works and the funds so obtained may be expended for the purposes authorized by this act.

Approved March 13, 1923.

CHAPTER 135

(S. B. No. 106)

AN ACT

AMENDING SECTION 5570, CHAPTER 218 OF THE COMPILED STATUTES OF IDAHO CONCERNING APPROPRIATION OF WATER, EXAMINATION OF APPLICATIONS FOR PERMITS,

PERMITS, COMMENCEMENT OF WORK AND BONDS IN CONNECTION THEREWITH, AUTHORIZING EXTENSION OF TIME IN CERTAIN CASES, AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 5570 of the Compiled Statutes of Idaho be and the same is hereby amended to read as follows:

Section 5570. SAME: EXAMINATION: PERMIT: COMMENCEMENT OF WORK: BOND. On receipt of the application, which shall be of a form prescribed by the department of reclamation, it shall be the duty of that department to make an indorsement thereon of the date of its receipt, and to make a record of such receipt in some suitable book in its office. It shall be the duty of the department to examine said application and ascertain if it sets forth all the facts necessary to show the location, nature and amount of the proposed use. If upon such examination the application is found defective, it shall be the duty of the department of reclamation to return the same for correction within 30 days from the receipt of such application, and the date of such return, with the reason therefor, shall be indorsed on the application, and a record made thereof in a book kept for recording the receipt of such applications. A like record shall be kept of the date of the return of corrected applications, but such corrected applications shall be returned to the department of reclamation within a period of 60 days from the date indorsed thereon by the department: Provided, That if it be returned after such period of 60 days such corrected application shall be treated in all respects as an original application. All applications which shall comply with the provisions of this chapter and with the regulations of the department of reclamation shall be numbered consecutively, and shall be recorded in a suitable book kept for that purpose, and it shall be the duty of the department to approve all applications, made in proper form, which contemplate the application of water to a beneficial use.

The approval of an application shall be indorsed thereon, and a record made of such indorsement in the department of reclamation. The application so indorsed shall constitute a permit, and shall be returned to the applicant, and he shall be authorized, on receipt thereof, to proceed with the construction of the necessary works for the diversion of such water, and to take all steps required to apply the water to a beneficial use and to perfect the proposed appropriation. In its indorsement of approval on any application the department shall require that actual construction work shall

be completed within a period of five years from the date of such approval, and that one-fifth of such work of construction shall be done within one-half the period of time allowed for the completion of such works. The department may limit the application to a less period of time for the completion of such works than is asked for, and likewise the perfecting of the proposed right for a less period than is named in the application, and such indorsement shall give the date when such work shall be completed, also the date when beneficial application of the water to be diverted by such works shall be made for the purpose intended.

Provided, however, That in cases where the applicant is prevented from proceeding with his work by his failure to obtain necessary consent or final approval or rejection from the federal government because of the pendency of an application for right of way or other matter within the jurisdiction of the United States, or by litigation of any nature which might bring his title to said water in question, the department of reclamation upon proper showing of the existence of any such condition, and being convinced that said applicant is proceeding diligently and in good faith, shall extend the time so that the time caused by such delays shall be added to the time given in the original permit for each and every action required.

Provided, further, That the time for completion of works under any permit involving the construction of a reservoir of more than two hundred thousand acre-feet capacity or for the appropriation of water to be impounded in such reservoir of more than two hundred thousand acre-feet capacity, may upon application to the state commissioner of reclamation supported by a showing that additional time is needed on account of the time required for organizing, financing and constructing works of such large size, be extended by the state commissioner of reclamation for an additional period of five years, but not to exceed ten years in all from the date of permit, and that extension of time for completion of works under this proviso shall automatically extend the time for completion of the twenty per cent required to be done in half the time, and for making proof of application of water to beneficial use. Provided, That no such extension shall be granted unless the applicant for such extension shall show that there has been actually expended toward the construction of said reservoir (including expenditures for the purchase of rights of way and property in connection therewith) at least $100,000.

Any applicant feeling himself aggrieved by the indorsement made by the department of reclamation upon his application may appeal therefrom to the district court of the county in which the point of diversion of the proposed

appropriation shall be situated. Such appeal shall be taken within 60 days from the return of the application by the department of reclamation, and shall be perfected when the applicant shall have filed in the office of the clerk of such district court a copy of the application, certified by the department of reclamation as a true copy, together with the petition to such court, setting forth the appellant's reason for appeal. Such appeal shall be heard and determined upon such competent proof as shall be adduced by the appellant, and such like proofs as shall be adduced by the department or some person duly authorized in its behalf.

The maps accompanying such applications must contain the name of the proposed work, and, when it is possible, the number of the permit. They must in addition, have the name or names of the applicant or applicants, and when the proposed works have a capacity of more than 25 secondfeet, a certificate of the surveyor giving the date of the survey, his name and post office address. It shall be the duty of the department of reclamation to examine these maps or plats, and to ascertain if they agree with the description contained in the application, and when found to agree, to approve the same, file one copy in its office and return the other, approved, to the party filing them.

Every holder of a permit which shall be issued under the terms and conditions of an application filed hereafter appropriating 25 cubic feet or less per second must, within 60 days from the date upon which said permit issues from the office of the department of reclamation, commence the excavation or construction of the works by which he intends to divert the water, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted through no fault of the holder of such permit by circumstances, over which he has no control.

Every holder of a permit which shall be issued under the terms and conditions of an application filed hereafter, appropriating more than 25 cubic feet per second must, within 60 days from the date upon which the said permit issues from the office of the department of reclamation, file with the department a bond in an amount to be fixed by the department, not exceeding $10,000, in form and sufficiency of sureties to be approved by the department, conditioned upon faithfully carrying to completion the works of diversion as specified in said permit; the amount of the bond to be fixed by the department within the limits herein before prescribed.

The holder of any permit who shall fail to comply with the provisions of this section within the time or times speci

fied shall be deemed to have abandoned all right under his permit.

SEC. 2. An emergency existing therefor, this act shall take effect from and after its passage and approval. Approved March 13, 1923.

CHAPTER 136

(H. B. No. 213)

AN ACT

AMENDING SECTION 26 OF CHAPTER 3, IDAHO COMPILED STATUTES, RELATING TO THE BOUNDARY LINES OF ELMORE COUNTY BETWEEN ADA COUNTY AND ELMORE COUNTY; AMENDING SECTION 7 OF CHAPTER 3, IDAHO COMPILED STATUTES, RELATING TO THE ADA COUNTY BOUNDARY LINE BETWEEN ELMORE COUNTY AND ADA COUNTY, AND DECLARING AN EMERGENCY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Section 26 of Chapter 3, Idaho Compiled Statutes, be and the same is hereby amended to read as follows:

Section 26. Elmore county is described as follows: Beginning at a point on the top of the Sawtooth range of mountains, where the counties of Camas, Boise, Custer and Elmore unite;

Eastern Boundary. Thence in a southerly direction along the summit of the Sawtooth mountains to a point where the trail crosses the summit of what is known as the Mattingly creek divide; thence in a southerly direction along the main divide between the middle fork and the south fork of the Boise river to a point on the divide between Willow Creek and Bear creek; thence in a southerly direction on the main divide between Willow creek and Skeleton creek to the center of the channel of the south fork of the Boise river; thence down the channel of said river to the point of intersection with the range line between ranges eleven (11) and twelve (12) east, approximately in township three (3) north; thence south on the range line between ranges eleven (11) and twelve (12) east, to Snake river;

* * * * * *

center where the

Southern Boundary. Thence down the of the channel of Snake river to a point section line between Sections thirty-three (33) and thirty-four (34), Township five (5) south Range four (4), east, Boise Meridian crosses said Snake river;