OCR Text |
Show 316 INTERSTATE COMPACTS proof in regard to the same. In any proceeding before the Adjudica- tion Board, any member of the Board shall have power to administer oaths. Upon the hearing of such contest and the submission thereof to the Board, the Board shall make a finding of facts and an order of adjudication or confirmation and file the same in the offices of the respective States, as hereinbefore provided, which order, if not ap- pealed from, shall constitute a final adjudication. "Within sixty days from the date of such order of adjudication or confirmation any party to such contest aggrieved by such order of adjudication may have the same reviewed by an appeal therefrom to the Court of Original Jurisdiction, hereinafter designated, by giving notice of Appeal and filing the same with Board of Adjudication, after serving the same on all adverse parties to such contest. Within thirty days after said notice of appeal is served and filed the said Adjudication Board shall cause a copy of all proceedings in such contest together with its findings and orders to be certified and filed in the Court of Original Jurisdiction. "Any contestant upon filing a petition of contest shall give a surety bond or make a deposit of cash, with the Adjudication Board, in the sum of $200.00 to pay costs and expenses of the Board in the hearing of such contest and upon taking an appeal the contestant shall give a like bond or cash deposit in the sum of $300.00 to pay all costs on appeal which may be awarded against him by the Court or if said appeal is abandoned or dismissed. "4. For Interstate Streams having their sources in Teton Section, the Original Court of Jurisdiction shall be the Federal District Court for the District of Idaho and for Salt River and its tributaries the Federal District Court for the District of Wyoming. The orders of the Adjudication Board appealed from as modified or affirmed by final decree of the court in such matters shall be a final adjudication of the water right involved and shall be made a matter of record in the proper offices of the respective states. "5. Beneficial use of water shall be the measure of, and the limit to, all existing rights and rights hereinafter acquired within the areas embraced in this Compact, and the Commissioners having the admin- istration and distribution of such water shall be charged with the duty of preventing its waste. "6. All water rights hereafter initiated in the Interstate Streams areas shall be adjudicated as herein provided for adjudicating exist- ing claims. "7. Water rights for power purposes shall be inferior and subservi- ent to all water rights for domestic, municipal, and irrigation uses, in 'Fall River Section,' 'Teton Section,' 'South Fork Section,' and on the 'Interstate Streams'; provided, however, that this section shall not be held to restrict power rights vested prior to the approval of this Compact. "article vi "1. Each 'Interstate Stream' as herein defined, with respect to direct flow and storage rights for lands irrigated by diversions from these streams, shall be administered without regard to water rights on streams to which these 'Interstate Streams' are tributary, and without regard to State lines. |