CHAPTER XVIII. INTEREST. Legal rate; year defined. Contract rate, in and not in writ ten contract. Interest paid in advance, how. Excess rate forfeits all interest. AN ACT to restrict and regulate the rate of interest in the Territory of Be it enacted by the Legislative Assembly of the Territory of SECTION 1. Under an obligation to pay interest, no rate being specified, interest is payable at the rate of seven per centum per anuum, and in the like proportion for a longer or shorter time; but in the computation of interest for less than a year, three hundred and sixty days are deemed to constitute a year. SECTION 2. First. The highest rate of interest which it shall be lawful for any person to take, receive, retain, or contract for, in this territory, shall be twelve per cent. per annum, and at the same rate for a shorter time. Second. Unless, within the above limitation, there is an express contract in writing fixing a different rate, interest is payable on all moneys at the rate of seven per cent. per annum, after they become due, on any instrument of writing, except a judgment, and on moneys lent, or due on any settlements of accounts from the day on which the balance is ascertained, and on moneys received to the use of another and detained from him. SECTION 3. The interest which would become due at the end of a term for which a loan is made, not exceeding one year's interest in all, may be deducted from the loan in advance if the parties thus agree. SECTION 4. A person taking, receiving, retaining, or contracting for any higher rate of interest than twelve per cent. per annum shall forfeit all the interest so taken, received, retained, or contracted for; it being the intent and meaning of this section not to provide a forfeiture of any portion of the principal. SECTION 5. That article 2, SECTION 6. All acts and parts of acts in conflict with this act are hereby repealed. SECTION 7. This act shall be in force and effect from and after its passage and approval. Approved March 12, 1897. AN ACT to encourage irrigation and to provide for the acquisition of the Be it Enacted by the Legislative Assembly of the Territory of waters of Rivers and SECTION 1. That the unappropriated the ordinary flow or underflow of every be public subject to use for irrigation, and other purposes. By whom waters may stream or flowing river, and the storm or rain waters of every river or natural stream, canon, ravine depression or watershed within those portions of the Territory of Oklahoma in which by reason of the insufficient rain-fall, or by reason of the irregularity of the rain-fall, irrigation is beneficial for agricultural purposes, are hereby declared to be the property of the public, and may be acquired by appropriation for the uses and purposes and in the manner as hereinafter provided. SECTION 2. The storm or rain waters, as described be diverted. in the preceding section, may be held or stored in dams, lakes or reservoirs built and constructed by a person, corporation or association of persons for irrigation, milling, mining, the construction of water works for cities and towns, or stock raising, within those portions of Oklahoma described in the foregoing section; and all such waters may be diverted by the person, corporation or association of persons owning or controlling such dam, reservoir, or lake for irrigation, mining, milling, the construction of water works for cities and towns, and stock raising. When diversion cannot be made without consent of owner. For what water may be SECTION 3. The ordinary flow or underflow of the running water of every natural river or stream within those portions of the Territory of Oklahoma described in section 1 of this act, may be diverted from its natural channel for irrigation, mining, milling, the construction of water works for cities and towns, or stock raising: Provided, That such flow or underflow of water shall not be diverted to the prejudice of the rights of the riparian owner without his consent, except after condemnation thereof in the manner as hereinafter provided. SECTION 4. The appropriation of water must be appropriated. either for irrigation, mining, milling, construction of water works for cities and towns, or stock raising. Priority of rights. How rights secured. SECTION 5. As between appropriators, the first in time is the first in right. SECTION 6. Every person, corporation, or association of persons who have constructed, or may hereafter construct any ditch, canal, reservoir, dam or lake for the purposes named in this act, and taking the water from any natural stream, storage reservoir, dam or lake, shall within ninety days after this act goes into effect, or within ninety days after commencement of such construction, file and cause to be recorded in the office of the recorder of deeds of the county where the headgate of such ditch or canal may be situated or to which said county may be attached for judicial purposes, in a well bound book to be kept by said register of deeds for that purpose, a sworn statement in writing showing approximately the number of acres that 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 in width and depth, and the carrying capacity thereof in cubic feet per second of time, the name of said stream from which said water is taken, the time when the work was commenced, the 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 provided for shall show in addition to the ditch and other things provided, the locality of the proposed dam, reservoir or lake, giving the names or numbers of the surveys upon which it is located, its holding capacity in cubic feet of water, the acreage and surface feet of land that will be covered, and the limits of such lake, reservoir or dam, and the area of the water-shed from which the storm or rain water will be collected. accrue. SECTION 7. By compliance with the preceding pro Time rights visions of this act the claimant's right to the use of the water relates back to the time when the work of excavation or construction was commenced on said ditch, canal, reservoir, dam or lake: Provided, That a failure to file said statement shall in no wise work a forfeiture of such heretofore acquired rights, nor prevent such claimants of such heretofore acquired rights from establishing such rights in the courts. acquired by of intention. SECTION 8. Any person, firm, association of per- Rights sons or corporation may acquire the right to appro- declaration priate for irrigation purposes the unappropriated waters of the ordinary flow or underflow of every running or flowing river or natural stream, and the storm or rain water of every river or natural stream, canon, "Completion" defined Unlawful to divert water ravine, depression, or water shed within those portions of the Territory of Oklahoma referred to in section 1 of this act, by filing a sworn statement, in writing, to be recorded as provided in section 6. of this act, declaring his or its intention of appropriating such water; said statement shall also show approximately the number of acres of land proposed to be irrigated, the name of such ditch or canal, the point at which the head gate thereof will be situated, the size of the ditch or canal in width and depth, and the carrying capacity thereof in cubic feet per second of time, the name of the person, firm, association or corporation appropriating such water, the name of the stream, and shall attach to such statement a map showing approximately the proposed route of such ditch or canal; and when the water sought to be appropriated or acquired is storm or rain water, the statement above required shall also show or describe the locality of the proposed dam, reservoir or lake, by giving the names or numbers of the sections upon which it is to be located, and approximately the fol· lowing, that is to say, its holding capacity in cubic feet of water, the acreage of land that will be covered, and the area of the water-shed from which the storm or rain water will be collected: Provided, Any person, association of persons or corporation, who has heretofore had a survey made of the proposed route of his or its ditch, shall have a preference right at any time within ninety days from the time this act shall take effect to file the statement hereinbefore required for the appropriation of water. Within ninety days next after filing of said statement, the party or corporation claiming the right to appropri ate the water shall begin actual construction of the proposed ditch, canal, dam, lake, or reservoir, and shall prosecute the work thereon diligently and continuously to completion. SECTION 9. "Completion," as used in the preceding section, is hereby defined to be the conducting of the water in the main canal to the place of the intended use. SECTION 10. Whenever any person, corporation or association of persons, shall become entitled to the |