bearing directly on the agricultural industry of the United States, having due regard to the varying conditions and needs of the respective states or territories. Sec. 2-Payments quarterly-Report of receipts, etc.-Legislative assent necessaryAssent of governors. That the sums hereby appropriated to the states and territories for the further endowment and support of agricultural experiment stations shall be annually paid in equal quarterly payments on the first day of January, April, July, and October of each year by the secretary of the treasury, upon the warrant of the secretary of agriculture, out of the treasury of the United States, to the treasurer or other officer duly appointed by the governing boards of said experiment stations to receive the same, and such officers shall be required to report to the secretary of agriculture on or before the first day of September of each year a detailed statement of the amount so received and of its disbursement, on schedules prescribed by the secretary of agriculture. The grants of money authorized by this act are made subject to legislative assent of the several states and territories to the purpose of said grants; provided, that payment of such installments of the appropriation herein made as shall become due to any state or territory before the adjournment of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, duly certified by the secretary of the treasury. Sec. 3-Apportionments, when misapplied-Restriction-Annual reports to governors. That if any portion of the moneys received by the designated officer of any state or territory for the further and more complete endowment, support, and maintenance of agricultural experiment stations as provided in this act shall by any action or contingency be diminished or lost or be misapplied, it shall be replaced by said state or territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such state or territory; and no portion of said moneys exceeding five per centum of each annual appropriation shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings, or to the purchase or rental of land. It shall be the duty of each of said stations annually, on or before the first day of February, to make to the governor of the state or territory in which it is located a full and detailed report of its operations, including a statement of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the secretary of agriculture, and to the secretary of the treasury of the United States. Sec. 4-Secretary of agriculture to make certain reports-Aid withheld. That on or before the first day of July in each year after the passage of this act the secretary of agriculture shall ascertain and certify to the secretary of the treasury as to each state and territory whether it is complying with the provisions of this act and is entitled to receive its share of the annual appropriation for agricultural experiment stations under this aet and the amount which thereupon each is entitled, respectively, to receive. If the secretary of agriculture shall withhold a certificate from any state or territory of its appropriation, the facts and reasons therefor shall be reported to the president and the amount involved shall be kept separate in the treasury until the close of the next Congress in order that the state or territory may, if it shall so desire, appeal to Congress from the determination of the secretary of agriculture. If the next Congress shall not direct such sum to be paid, it shall be covered into the treasury; and the secretary of agriculture is hereby charged with the proper administration of this law. Sec. 5 Annual reports to Congress. That the secretary of agriculture shall make an annual report to Congress on the receipts and expenditures and work of the agricultural experiment stations in all of the states and territories, and also whether the appropriation of any state or territory has been withheld; and if so, the reason therefor. Sec. 6-Federal government may withdraw assistance. That Congress may at any time amend, suspend, or repeal any or all of the provisions of this act. (34 Stats. L. 63; Fed. Stats. Ann. Supp. 1909, p. 3.) See Agricultural Experiment Station, secs. 456-464, 469, 475. An Act in relation to the agricultural, mining and mechanical college of this state. Approved March 18, 1891, 72 4656. University established. SECTION 1. The state university of this state was, and now is, established in accordance with the provisions of the constitution of the State of Nevada. and also in accordance with the provisions of an act of Congress, approved July second, eighteen hundred and sixty-two, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," and acts amendatory thereof or supplementary thereto. 4657. Powers of regents-Proceeds of land grants. SEC. 2. The board of regents of said state university and agricultural, mining and mechanical college are the proper trustees of same to receive and disburse all appropriations made to this state under the provisions of an act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress, approved July second, eighteen hundred and sixty-two; approved August thirty, eighteen hundred and ninety, and all appropriations hereafter to be made under said act. 4658. Regents to report to governor. SEC. 3. Said board of regents shall make a report at the end of each fiscal year, in connection with its annual report to the governor, of other state university matters, including the amounts received and disbursed under the provisions of this act. The governor shall transmit all said annual reports to the legislature. 4659. Land grants accepted. SEC. 4. The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore, and all which may hereafter be made to the State of Nevada by Congress, under the act of Congress, the title of which is recited in section 2 of this act, and agrees that the same shall be used only for the purposes named in said act of Congress, or acts amendatory thereof or supplemental thereof. An Act supplemental to an act entitled "An act relating to the state university and matters properly connected therewith," approved February 7, 1887. Approved March 16, 1895, 76 4660. Analysis of minerals-Record of, to keep. SECTION 1. It shall be the duty of the president of the state university, in addition to his other duties as fixed by law, to cause to be analyzed by an assistant, teacher or teachers employed at the state university, any ores, mineral, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said state for that purpose. Any citizen of the state may send any such substance and have the same analyzed free of charge, and the result of the same returned to him by mail with as near as possible an explanation of their uses and value in market, and there shall be kept at the state university a book of record, open for inspection, under such rules as may be made by the regents, of all mineral, ores or other matters so sent with the history of such mineral or other matters, stating the name of the person or persons from whom received, the district and county from which it came, and all other matters that may be beneficial touching the same. A duplicate of the sample analyzed, as far as practicable, shall be kept at the university properly labeled so as to correspond to the record, and properly preserved. 4661. Duplicate sent, when. SEC. 2. If the same kind of matter for analysis is sent from the same place, it shall not be necessary to analyze the same, but a duplicate of the analysis shall be sent by mail to the person desiring the same. 4662. Samples analyzed in order received. SEC. 3. Samples for analysis shall be analyzed in the order received. 4663. Sample assays for gold and silver, how returned. SEC. 4. Sample assays for gold or silver shall be made, and when the value per ton exceeds five dollars in gold, the returns shall state the fact thus, "Test for gold." And when the value per ton exceeds five dollars in silver, the returns shall state the fact thus, "Test for silver." As amended, Stats, 1897, 91. An Act to commission the officers of the cadets of the state university by the governor. Approved March 17, 1903, 207 4664. Cadet commissions, governor to issue-Revocation. SECTION 1. The officers of cadets, between and including the ranks of second lieutenant and major, must be selected by the chief military instructor. with the assent of the president of the university, and must be commissioned by the governor; provided, any commission may be revoked at any time by the governor upon the recommendation of the chief military instructor and of the president of the university. 4665. Liable to call for service-May resign. SEC. 2. Upon graduating or retiring from the university, such officers may resign their commissions or hold the same as retired officers of the university cadets, liable to be called into service by the governor in case of war, invasion, insurrection or rebellion. An Act creating the honorary board of visitors of the Nevada state university, and other matters relating thereto. Approved March 11, 1895, 40 4666. Board of visitors, how composed Term of office. 4667. Governor to appoint members. 4669. Notice to honorary board of visitors. 4679. No compensation-Expenses allowed. 4666. Board of visitors, how composed-Term of office. SECTION 1. There is hereby created a board to be known as the honorary board of visitors of the Nevada state university. Said board shall consist of fifteen members. The chief justice of the supreme court shall be ex officio a member and the chairman of said board. In the absence of said chief justice the members of the board may elect one of their number to act as temporary chairman. The term of office of the members of said board shall be two years from the date of their appointment, and until their successors are appointed. 4667. Governor to appoint members. SEC. 2. The governor shall appoint and commission, within forty days after the passage of this act, from each county, one suitable and discreet person who is interested in higher education, and who is an actual resident of said county, as a member of said board. 4668. Duties of board-Meetings-Report to governor. SEC. 3. It shall be the duty of said board of visitors to meet annually at the seat of the Nevada state university during commencement week, and inspect the grounds, buildings and equipment of said university, and also inquire into the actual state of the discipline, instruction, police administration and other affairs or concerns of the university. The board of visitors shall report thereon to the governor, within thirty days after each annual meeting, for the information of the people of the state and of the next succeeding legislature of the state, their action as such visitors, with their views and recommendations concerning the university such as they shall deem wise and just and for the best interests of the university. 4669. Notice to honorary board of visitors. SEC. 4. The president of the university shall cause at least thirty days' notice to be given to the members of the honorary board of visitors of the time and place of their annual meeting. 4670. No compensation-Expenses allowed. SEC. 5. No compensation shall be made to the members of said board of visitors for their services or for their traveling expenses, but the board of regents shall pay out of the university contingent fund their expenses for board and lodging while at the university. VIRGINIA CITY SCHOOL OF MINES An Act to amend an act entitled "An act creating a school of mines, to be located at Virginia City, Nevada," approved March 20, 1903. Approved March 20, 1911, 281 4671. Virginia mining school created-Salary of principal. SECTION 1. There is hereby created a school of mines, to be known as the Virginia City school of mines, to be located at Virginia City, Storey County, Nevada, to be under the direction and control of the state board of education. The principal in charge of said school of mines shall receive a salary of two thousand dollars per annum, payable in twelve equal monthly installments on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect. [Sec. 2, allowing certain expenditures for 1911 and 1912, omitted.] Original, Stats. 1903, 211, consisted of but one section, which has been repealed by above act, wherefore original act including title has been omitted. WATER ACTS OF CONGRESS Act of July 26, 1866, Rev. Stats. U. S., section 2339, confirming water rights for mining and other purposes, and rights of way for ditches, section 2401, ante, 7 Fed. Stats. Anntd., 1090. Act of June 17, 1902, recognizing vested rights and state legislation, section 3105. Act authorizing the secretary of the interior to permit the use of right of way upon the public lands for canals, reservoirs, tramways and power lines, as amended and supplemented May 14, 1896, and May 11, 1898, sections 3171, 3172. Act of 1870, Rev. Stats. U. S., section 2340, providing for the reservation from U. S. patents of water rights, reservoirs, and rights to ditches, section 2402. Act of August 30, 1890, 26 Fed. 391, providing for the reservation from patents of the right of way for canals constructed by the United States, section 3169. Regarding other acts of Congress pertaining to water and rights of way, see note here appended. Acts relating to the reclamation of arid lands under government irrigation works, secfons 3098, 3114, ante, 7 Fed. Stats. Anntd., 1098. Reclamation of arid lands under the Carey act, sections 3063, 3097. Reclamation under desert entries, sections 3150, 3162, 6 Fed. Stat. Anntd., 392–398. Overruling Vansickle v. Haines, 7 Nev. 249, which held that under the principles of the common law riparian proprietors had a right to a reasonable use for irrigation of the waters running through their respective lands, the later Nevada cases have uniformly held that the doctrines of the common law declaratory of the rights of riparian proprietors regarding the use of running waters were inapplicable, except to a limited extent, to the condition of the arid states and to the wants and necessities of the people residing in them, and that prior appropriations gives the better right to the use of running water to the extent necessary for the beneficial purposes to which it is applied. Jones v. Adams, 19 Nev. 78; Reno S. Works v. Stevenson, 20 Nev. 269; State v. Brown, 16 Nev. 317; Twaddle v. Winters, 29 Nev. 88; Lobdell v. Simpson, 2 Nev. 274; Proctor v. Jennings, 6 Nev. 83; Jerrett v. Mahan, 20 Nev. 89; Reno S. M. & R. Works v. Stevenson, 20 Nev. 269, 281, 19 A. S. 364, 4 L. R. A. 60, 21 P. 317; Union M. & M. Co. v. Dangberg, 81 Fed. 73. The right to running waters on the public lands for mining, irrigation, and other purposes, may be acquired by prior appropriation. The right, within reasonable limits, having reference to the condition of the country and the necessities of the community, is entitled to protection. The doctrines of the common law regarding the rights of riparian appropriators are inapplicable to the Pacific coast. Basey v. Gallagher, 20 Wall. 670 (22 L. Ed. 452); Atchison v. Peterson, 20 Wall. 50, and note (22 L. Ed. 414); Jennison v. Kirk, 98 U. S. 453. See, also, Sturr v. Beck, 133 U. S. 551 (33 L. Ed. 765); S. V. W. Wks. v. Schottler, 110 U. S. 374; Willey v. Decker, 11 Wyo. 520 (100 A. S. 539); Benton v. John Cox, 17 Wash. 289 (39 L. R. A. 110; 61 A. S. 912); Isaacs v. Barber, 10 Wash. 130 (30 L. R. A. 674); Fitzpatrick v. Montgomery, 20 Mont. 186 (63) A. S. 622); Clough v. Wing, 2 Ariz. 377; Krall v. U. S., 79 Fed. 243; Drake v. Eahart, 2 Ida. 755; R. G. W. Ry. Co. v. Power Co., 16 Utah, 137. The first appropriator is only entitled to as much water as is necessary to irrigate his land, and is bound to make a reasonable use of it. What is a reasonable use depends upon the circumstances of each case. Union M. & M. Co. v. Dangberg, 81 Fed. 73; Barnes v. Sabron, 10 Nev. 217. Where the prior appropriator of a stream had constructed ditches in order to irrigate his land, it was held that if the capacity of his ditches is greater than is necessary to irrigate his farming land, he must be restricted to the quantity needed for the purposes of irrigation, for watering his stock and for domestic purposes; but if the capacity of his ditches is not more than sufficient for those purposes, then, no change having been made in the ditches since constructed, and no question of the right of enlargement being involved, he must be restricted to the capacity of his ditches at their smallest point. Idem. If the first appropriator only appropriates a part of the waters of a stream for a certain period of time, any other person may not only appropriate a part or the whole of the residue and acquire right thereto as perfect as the first appropriator, but may also acquire a right to the quantity of water used by the first appropriator at such times as not needed or used by him. Idem. To maintain the right to a water course it must be made to appear that the water usually flows in a certain direction and by a regular channel, with banks or sides. It need not be shown to flow continually, and it may at times be dry, but it must have a well-defined and substantial existence. Idem. The first appropriator of the water of a stream running through the public lands has the right to insist that the water flowing therein shall, during the irrigating season, be subject to his reasonable use and enjoy ment to the full extent of his origina. appropriation and beneficial use. To this extent his rights go, but no further; for in subordination to such rights, subsequent appropriators may appropriate the remainder of the water running in the stream. Idem. The amount of water to which the first appropriator is entitled is limited to the quantity actually applied to beneficial use. Simpson v. Williams, 18 Nev. 432; Dick v. Caldwell, 14 Nev. 167; Barnes v. Sabron, 10 Nev. 217; Dalton v. Bowker, 8 Nev. 190; Union M. & M. Co. v. Dangberg, 81 Fed. 73. An appropriator may change the point of appropriation or take water from differen* places on the stream. Hobart v. Wicks, 15 Nev. 418; Union M. & M. Co. v. Dangberg, 81 Fed. 73. When water after being used is discharged into a natural stream without any intention of reclaiming it, it becomes subject to appro priation the same as water naturally flowing in the stream. Schulz v. Sweeney, 19 Nev. 539. Appropriation through dry natural elaDoherty v. Pratt, 34 Nev. nel. It has been held that if any work is necessary to be done to complete the appre priation, the law gives a reasonable time within which to do the work, and protects the right during that time by relation to the date when the first act in making the appropriation was performed. Simpson v. Williams, 18 Nev. 432; Irwin v. Strait. Is Nev. 436; Ophir M. Co. v. Carpenter. Ner. 534. See Robinson v. Imperial S. M. Co., 5 Nev. 44; Union M. & M. Co. v. Dangberg, S Fed. 73. Acts of Congress construed— The act of Congress of July 26, 1866, sec. 2401, ante, 7 Fed. Stats. Anntd., 1090, confirms to owners of water rights on the public lands the rights which they held under the local customs, laws, and decisions of the courts prior to its enactment. Jones 1. Adams, 19 Nev. 78; Twaddle v. Winters, 29 Nev. 88: Ennor v. Raine, 27 Nev. 178 Hobart v. Ford, 6 Nev. 77; Shoemaker v. Hatch, 13 Nev. 261. Riparian proprietors-Prior appropriations. The fact that patents for defendants' lands lying along the banks of a creek were issued to defendants before adoption of aet Cong. July 26, 1866 (14 Stats. 251, e. 262), provid ing for the appropriation of water for irrigation purposes, did not confer on the own ers of such land riparian common-law rights to the waters of the creek as against prior appropriators. Twaddle v. Winters, 29 Net. 88 (85 P. 280). Right of way on public lands The act of Congress of July 26, 1866, gave a right of way over public lands for the construction of ditches and for running water for mining or agricultural purposes. Hobart v. Ford, 6 Nev. 66; Shoemaker v. Hatch, 13 Nev. 261; Ennor v. Raine, 27 Ner. 178. |