OCR Text |
Show SNAKE RIVER COMPACT 315 "3. For the purpose of adjudicating rights of claimants to the use of water from said Interstate Streams, the rights to which use have not been adjudicated owing to lack of jurisdiction in the authorities of either State, the Commissioner of Reclamation of Idaho, or his duly authorized representative and the State Engineer of Wyoming or his duly authorized representative shall constitute a board to be known as the 'Adjudication Board'. Said Board shall cause a notice to be given by publication in three consecutive issues of at least one newspaper having general circulation within the area of the Inter- state Stream or Streams affected. Said notice shall state the time and place where such claimants may submit proof of appropriation and beneficial use of water. Such proofs shall be made under oath before said Adjudication Board, or some person designated by it for such purpose, at the time and place designated in the notice upon forms furnished by said Board. Each proof shall be accompanied by a fee of ten dollars, on account of each land owner for whose benefit such proof is made. All such fees shall be used by the Adjudication Board to defray its expenses; providing that any unexpended balance shall be divided equally between the two States and any deficiency shall be paid equally by the two States. The Adjudication Board shall cause notice of the receipt of such proofs taken as aforesaid to be given in at least two consecutive issues of a newspaper having a general circulation within the area of the Interstate Stream or Streams af- fected, such notice to contain in each case the name of the claimant, the name of the stream from which the appropriation is claimed, the date of priority, and the amount of the appropriation, expressed in acres for ditches designed for the irrigation of lands and in acre-feet for reservoirs, the place where and the time when the proofs will be open for the public inspection, which time shall not be less than five days. Any person claiming an interest in the waters of the stream or streams to which the proofs refer, shall have a right to contest the proposed adjudication upon filing a petition with the Adjudication Board within sixty days after such proofs have been opened for public inspection. The petition shall be under oath and shall set forth in detail the grounds of contest. The contestant shall be required to pay all expenses of the Adjudication Board in hearing such contest. "After the submission of any proof the Adjudication Board shall have the right to make further examination and require further proof to be submitted. Upon consideration of the same, if satisfied, and upon the expiration of time allowed for filing contests, if no contest petition has been filed, the Adjudication Board shall thereupon exe- cute an order confirming such proofs and shall certify said order to the Commissioner of Reclamation of Idaho and the State Engineer of Wyoming and the same shall constitute a final adjudication of said wTater rights. "In all cases where a contest petition has been filed the Board shall set a time within thirty days thereafter and a place for hearing such contest and shall give notice thereof by publication in two consecutive issues of a newspaper of general circulation within the area of the Interstate Stream or Streams affected. At the time and place fixed in said notice all parties interested in the contest shall appear and submit |