fund, and whether the same was paid in cash or in warrants, county or road orders, or supervisors receipts; one of which triplicates the treasurer shall deliver to the peason making such payment, and he shall within six days file with the county clerk, the third he shall retain in his office.

5428 SEC. 7. [Receipts by city treasurer.] The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid, in cash, in warrants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office.

5429 SEC. 8. [Treasurer's duties - Cash book - Register.] Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered he shall close the account for that year in such register, and shall carry forward the excess.

5430 SEC. 9. [Failure to keep books-Penalty.] Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or who shall fail to keep his cash book footed from day to day, as required by this act, for the space of three days, shall forfeit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

5431 SEC. 10. [Inspection of books.] The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.

5432 SEC. 11. [Failure to notify-Penalty.] Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent. on the amount of such warrant, and ten per cent. additional for every thirty days thereafter, during which such failure shall continue.

54 33 SEC. 12. [Failure to register or pay-Penalty.] Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought.

5434 SEC. 13. [Duplicate for lost warrant.] Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued be him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom SEC. 12. Treasurer not liable for penalty for failure to register prior to the expiration of ten days after warrant is issued. 23 Neb., 434. See sec. 33, art. 1, chap. 18.

the same is drawn, whether upon a genuine endorsement thereon or otherwise. [1875, § 1, 176.]

5435 SEC. 14. [Investment of sinking fund-Counties.] When any warrant issued by the proper authorities of any county, township, city, town, or school district shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the Board of County Commissioners, or Supervisors of such county to purchase and take up such registered warrants with sinking funds in his hands and to hold such warrant for the benefit of the fund so invested, till the same is paid in its order as provided by law. [1895, chap. 68, § 1.] 5436 SEC. 15. [Same.] The Board of County Commissioners, or Supervisors of any county in this state, is hereby authorized to provide for the purchase and taking up of registered warrants, as provided for in Section 1 of this act, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such County Board, the same shall be safe and expedient. Before so investing any sinking funds the County Board shall fix and prescribe, and enter of record general directions and authority to such county treasurer as to the funds to be so invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable, provided that not more than fifty per cent. of the money so collected on any given sinking fund shall be so invested in warrants at any given time, and provided further, that when practicable the warrants drawn by any given authority shall be provided for as above from the sinking funds belonging to the organization issuing such warrant, and of such provisions such County Board shall give the treasurer notice. [Id., § 2.]

5437 SEC. 16. [Same-Cities of.] The City Council of any incorporated city of this state may make similar provision for the taking up of warrants out of the sinking funds in the hands of the city treasurer of such city, provided, that the warrants to be so purchased shall be limited to those of its own issue, or to those of any School District situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. [Id., § 3.]

5438 SEC. 17. [Same-School districts.] The School Board of any school district in this state is hereby authorized to direct the legal custodian of any of its sinking funds, to invest such sinking funds in the warrants of such school district, in like manner as herein before provided for, provided, that the investment of such school district sinking fund under this section, shall be limited to the warrants of its own issue, and upon such direction of the School Board, the custodian of such sinking funds shall proceed to take up the warrants of such school district as herein provided for. [Id., § 4.]

5439 SEC. 18. [Same-Townships.] "The township board in counties under township organization is hereby authorized and instructed to direct the county treasurer to invest the sinking fund of such township in the custody of the county treasurer in the warrants of such township, the investment of such sinking fund being likewise limited to warrants of its own issue as in the preceding sections, and upon an order of the township board properly signed by the supervisor and countersigned by the township clerk, the county treasurer shall invest such sinking fund for the benefit of such township as hereinbefore provided. [Id., § 5.]

SECS. 14-18. "An act to authorize the investment of sinking funds in the hands of the treasurer of any county in registered warrants issued by county, city, town, township, or school authorities of such county under direction of the County Board of Supervisors or County Commissioners, and to confer like authority on city and school district authorities." Took effect Aug. 1, 1895. Laws, 1895, chap. 68.

CHAPTER 93a.-WATER RIGHTS AND IRRIGATION.

ARTICLE I.—WATER RIGHTS.

SECS. 1, 2. [Repealed. See sec. 68, art. II.]

SEC. 2a. [Repealed. See sec. 3, art. IV.]

5440 SEC. 3. [Crossing land-Consent of owner.] No tract of land shall be crossed by more than one ditch, canal, or lateral, without the written consent and agreement of the owner thereof, if the first ditch, canal, or lateral can be made to answer the purpose for which the second is desired or intended. [1889, chap. 68, § 3.]

SEC. 4. [Repealed. See sec. 68, art. II.].

5441 SEC. 5. [Extensions.] The person, company, or corporation entitled to the use may change the place of diversion if others are not injured by such change, and may extend the ditch, flume, or aqueduct by which the diversion is made to places beyond that where the first use was made. [Id., § 5.]

5442 SEC. 6. [Diversion.] The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exceeds in width one hundred (100) feet, in which event not more than seventy-five (75) per cent. of the regular flow shall be taken. [Id., § 6. Amended 1893, chap. 40, §3.]

5443 SEC. 7. [Priority of rights.] As between appropriators the one first in time is first in right. [Id., § 7.]

SECS. 8-15. [Repealed. See sec. 68, art. II.]

ARTICLE II.-WATER RIGHTS.-IRRIGATION.

5444 SECTION 1. [Water divisions.] The State of Nebraska is hereby divided into two water divisions, denominated water division No 1, and water division No. 2, respectively. [1895, chap. 69, § 1.]

5445 SEC. 2. [Same-No. 1.] Water division No 1 shall consist of all the irrigable lands of the state drained by the Platte rivers and their tributaries lying west of the mouth of the Loup river; and also all other lands lying south of the Platte and South Platte rivers that may be watered from other superficial or subterranean streams not tributary to said Platte river. [Id., § 2.]

5446 SEC. 3. [Same-No. 2.] Water division No. 2 shall consist of all irrigable lands that may be watered from the Loup, White, Niobrara, and Elkhorn

CHAP 93a. "An act to provide for water rights and irrigation, and to regulate the right to the use of water for agricultural and manufacturing purposes and to repeal sections 158 and 159 of chapter 16 of the Compiled, Statutes of 1887, entitled Corporations.' Passed and took effect March 27, 1889. Laws 1889, chap. 68. "An act prescribing regulations for the appropriation, distribution and use of water in the construction and maintaining of canals, ditches and storage reservoirs for the purpose of irrigation, evaporation and water power; for the diversion and confining, retention, storage and distribution of water, and the exemption of such works from taxation; the condemnation of lands for the right of way of work for such purposes, providing for a board of irrigation and the appointment of officers for the surveying and measurement, fixing their compensation and providing for the payment of the same and making an appropriation therefor and the appropriation of the streams of the state and controling the distribution of water throughout the state in the several water divisions thereof, defining their powers, prescribing their compensation and providing for the payment thereof, and the management of water regulations and adjudicating the rights and priority of rights of those diverting, carrying or storing water for irrigation and other beneficial purposes in the water districts of the several water divisions, providing for the expense of such adjudication and for the apportionment and payment thereof, prescribing reg ulations and ascertaining the rights of priorities of those entitled to water for use for the irrigation of lands and to provide penalties and for punishing persons for interfering with it or maliciously trespassing upon the ditches, reservoirs or irrigation works for the storage and conveyance of water and to regulate the rights to the use of water for agricultural and manufacturing and other purposes, and to repeal sections 2032, 2033, 2035, 2039, 2040, 2041, 2042, 2043, 2014, 2015, and 2016 of article 1, and all of article 2 of chapter 24, entitled "Irrigation," of Cobbey's Consolidated statutes of Nebraska, of 1893." Laws, 1895, chap. 69. Took effect April 4, 1895.

rivers and their tributaries, and all other irrigable lands of the state not included in any other water division. [Id., § 3.]

5447 SEC. 4. [State board of irrigation.] There is hereby created a state board of irrigation composed of the governor, attorney general and the commissioner of public lands and buildings. [Id., § 4.]

5448 SEC. 5. [Same-Office-Supplies.] The board shall have an office at the state capitol, to be provided by the state board of public lands and buildings, which shall be furnished by the secretary of state with suitable furniture, postage and other necessary books and instruments as will best enable said board and its assistants to properly discharge the duties which may devolve upon said board. [Id., § 5.]

5449 SEC. 6. [Same-President.] The governor shall act as president of the state board of irrigation. [Id., § 6.]

5450 SEC. 7. [Same-Secretary.] At its first meeting the state board of irrigation shall elect a secretary who shall be an hydraulic engineer of theoretical knowledge and practical skill and experience. He shall hold his office for a term of two years and until his successor is elected and qualified, and shall be paid a salary of two thousand dollars per annum, payable quarterly by the state treasurer out of any state funds not otherwise appropriated, upon warrant which shall be drawn by the state auditor. [Id., § 7.]

5451 SEC. 8. [Secretary-Assistants.] The secretary by and with the consent of the state board shall have the power to employ an assistant secretary, who shall also be a practical engineer, at an expense not to exceed twelve hundred dollars per year, and to employ other assistants to the secretary, at a total additional expense of not to exceed five hundred dollars per year; such assistant secretary and such additional assistants to be paid out of any state funds not otherwise appropriated on certificates of the president of the state board, showing the amount of such employment and the compensation therefor, and on presentation of such certificates to the state auditor, he shall issue a warrant on the state treasurer for the amount thereof. [Id., § 8.]

5452 SEC. 9. [Same-Traveling expenses.] When the secretary or his assistant is called away from the office of the board, he shall be entitled to his actual expenses, which shall be paid out of the state funds not otherwise appropriated on the certificates of said state board; such certificates shall be presented to the state auditor, who shall thereupon draw upon the state treasurer for the amount thereof. [Id., § 9.]

5453 SEC. 10. [Report to governor.] The state board through its secretary shall prepare and render to the governor, bi-annually, and oftener if required, full and true reports of the work of the state board touching all of the matters and duties devolving upon said board by virtue of its offices, which report shall be delivered to the governor on or before the 30th day of November of the year preceding the regular session of the legislature. [Id., § 10.]

UNDER SECRETARIES.

5454 SEC. 11. [Election-Residence-General duties.] There shall be one under secretary for each water division by this act created, who shall be elected by the state board of irrigation at its first meeting, and shall hold his office for two years or until his successor is elected and he shall have entered upon the duties of his office, and who shall reside in the water division for which he is elected. The under secretary of each water division acting for the state board shall have immediate directions and control of acts the under assistants and of the distribution of water in his water division. [Id., § 11.]

5455 SEC. 12. [General duties.] Said under secretary shall, under the direction of the state board see that the laws relative to the distribution of water are executed in accordance with the rights of priority of appropriation. [Id., § 12.]

5456 SEC. 13. [Same-Reports-How paid.] All under secretaries shall make report to the state board of irrigation. Said compensation and expense to be paid out of any state funds not otherwise appropriated, on certificates of the president of the state board showing the amount of such employment, and on presentation of such certificates to the state auditor, he shall issue a warrant on the state treasurer for the amount thereof. [Id., § 13.]

5457 SEC. 14. [Same-Compensation.] Said under secretaries shall be paid five dollars per day for every day actually consumed in the performance of their duties as such under secretaries, and shall in addition be paid their actual traveling expenses when called away from home in the performance of their duties; Provided, That an under secretary shall not receive more than eight hundred dollars in any one year on account of service as herein provided including expenses. [Id., § 14.]

5458 SEC. 15. [State Board-Meetings Quorum-Records-Certificates.] The state board of irrigation shall hold two regular meetings each year for the transaction of such business as may come before it. The first meeting of the board shall begin on the third Wednesday following the date on which this act shall take effect; thereafter the said meetings shall begin on the first Wednesday in September and the first Wednesday in April. A majority of all the members of said board shall constitute a quorum to transact business. It shall be the duty of the secretary of said board to keep a full, true and complete record of the transactions of said board, and shall certify all certificates of appropriation of water made in accordance with the provisions of this act. [Id., § 15.]

5459 SEC. 16. [Same-Determination of priorities.] It shall be the duty of the state board at its first meeting to make proper arrangements for beginning the determination of the priorities of right to use the public waters of the state, which determination shall begin on streams most used for irrigation, and be continued as rapidly as practicable untill all the clains for appropriation now on record shall have been adjudicated. The method of determining the priority and amount of appropriation shall be determined by the said state board, which at its first meeting shall designate the streams to be first adjudicated. [Id., § 16.]

5460 SEC. 17. [Secretary-Measurement of waters.] It shall be the duty of the secretary of the state board of irrigation as soon as practicable after the passage of this act to measure, or cause to be measured, the quantity of water flowing. in the several streams of the state and to make a record thereof in the office of said board, and he shall from time to time, make such additional measurements, as may be necessary, or cause the same to be made, for the information of such board in considering applications for water appropriations and such controversies as may arise regarding the distribution of water. [Id., § 17.]

5461 SEC. 18. [Purpose of appropriation.] All appropriations for water must be for some beneficial or useful purpose, and when the approprietor or his successor in interest ceases to use it for such purpose the right ceases. [Id., § 18.]

5462 SEC. 19. When the adjudication of a stream shall have been completed it will be the duty of the state board to make and cause to be entered of record in its office and order determining and establishing the several priorities of right to use. the water of said stream, and the amount of the appropriation of the several persons. claiming water from such stream and the character and kind of use for which such appropriation shall be found to have been made. [Id., § 20.]