missioners of a certified statement from the state engineer, showing the Water comnumber of days such commissioners were actually employed, paid by and the amount due, the board of county commissioners shall county draw a warrant against the general fund of such county for the payment of such claim. The county treasurer shall credit the general fund of the county with the moneys collected from the water users as above provided. SEC. 12. Section seventy-three of the above-entitled act is hereby amended to read as follows: engineer Section 73. The following fees shall be collected by the Fees of state state engineer in advance, and shall be accounted for and paid by him into the general fund of the state treasury, once each month; provided, however, that the fees named in subdivision (c) of this section shall not apply to permits for underground waters; and provided further, that five dollars shall be the Minimum, $5 minimum fee for issuing and recording any permit: (a) For examining and filing an application for permit to Fees of state appropriate water, fifteen dollars ($15), which shall include engineer the cost of publication, which publication fee is hereby fixed at ten dollars ($10). (b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, twenty-five dollars ($25), which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application. (c) For issuing and recording permit to appropriate water for irrigation purposes, five cents per acre for each acre to be irrigated, up to and including one hundred acres, and three cents for each acre in excess of one hundred acres, up to and including one thousand acres, and two cents for each acre in excess of one thousand acres. (d) For issuing and recording permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including one hundred horsepower, and fifteen cents for each horsepower in excess of one hundred horsepower, up to and including one thousand horsepower, and ten cents. for each horsepower in excess of one thousand. (e) For issuing and recording permit to store water, two cents for each acre-foot of water to be stored, up to and including one thousand acre-feet, and one cent for each acre-foot in excess of one thousand. (f) For issuing and recording permit to appropriate water for any other purpose, $5 for each second-foot of water applied for, or fraction thereof. (g) For filing secondary permit under reservoir permit, $5; for approving and recording permit under reservoir permit, $5. (h) For filing proof of commencement of work, $1. (i) For filing proof of completion of work under any permit, $1. (j) For filing any protest, affidavit, or any other water-right instrument or paper, $1. engineer (k) For making copy of any document recorded or filed in Fees of state his office, one dollar for the first hundred words, and twenty cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged. Aggrieved party may have order reviewed, how (1) For certifying to copies of documents, records, or maps, one dollar for each certificate. (m) For blue-print copy of any drawing or map, ten cents per square foot. (n) For such other work as may be required of his office, actual cost of the work. SEC. 13. Section seventy-five of the above-entitled act is hereby amended to read as follows: Section 75. Any person feeling himself aggrieved by any order or decision of the state engineer, acting in person or through his assistants or the water commissioners, affecting his interests, when such order or decision relates to the administration of determined rights or is made pursuant to sections 52 to 88, inclusive, of this act, may have the same reviewed by a proceeding for that purpose, in so far as may be in the nature of an appeal, which shall be initiated in the proper court of the county in which the matters affected or a portion thereof are situated. The proceedings in every case shall be heard and tried by the court, and shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. And no such proceeding shall be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner's interests, shall have been served upon the state engineer, personally or by registered mail, at his office at the state capitol within thirty days following the rendition of the order or decision in question. A similar notice shall also be served personally or by registered mail upon the person or persons who may have been affected by such order or decision. Where evidence has been filed with, or testimony taken before, the Notices must state engineer, acting as aforesaid, a transcribed copy thereof, be served to parties concerned or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, shall be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of Transcript of said transcript shall be furnished on demand, at actual cost, testimony to any person affected by such order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the state engineer. No bond shall be required except a stay is desired, and the proceedings herein provided for shall not be a stay unless, within five days following the service of notice thereof, a bond shall be filed in an amount to be fixed by the court, with sureties satisfactory to such court, conditioned to perform the judgment rendered in such proceedings. Costs shall be paid as in civil cases brought in the Bond required when stay is desired how taken district court, except by the state engineer or the state; and the practice in civil cases shall apply and be consistent with the informal and summary character of such proceedings, as herein provided. Appeals may be taken to the supreme court Appeals. from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment. The decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same. Whenever it shall appear to the state engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the Attorneypublic in water, it shall be his duty to request the attorney- appear for general to appear and protect the interests of the state. general to state added SEC. 14. A new and further section is hereby added and Section 88a the same shall be and is hereby incorporated in the aboveentitled act and shall be known and designated as section 88a, as follows: mentary admissible Section 88a. Any and all maps, plats, surveys, and evidence All docuon file in the office of the state engineer relating to any proof evidence, of appropriation involved in the proceedings for the determina- maps, etc., tion of the relative rights in and to the waters of any stream in court system, obtained or filed under the provisions of this or any preceding act relating to the office of state engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this act as amended; provided, that at least ninety days prior to Proviso the rendering of his order of determination of the relative rights in and to the waters of any stream system, the state engineer shall notify all parties in interest of his intention to consider such maps, plats, and evidence, and of his intention to submit his findings to the court under the provisions of this act as amended; such notice to be given in the manner prescribed in section 22 of this act. Within sixty days after such notice, any such party in interest may file with the state engineer any additional or supplementary maps, plats, surveys, or evidence, or objections to the admissibility of any evidence All evidence hitherto presented and on file in the office of the state engineer, sidered in relation to his claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his claim in accordance with the provisions of this amended act, and the state engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by sections 34 to 39, inclusive, of this act. to be con added SEC. 15. A new and further section is hereby added and Section 88b the same shall be and is hereby incorporated in the aboveentitled act and shall be known and designated as section 88b, as follows: Section 88b. In all cases where the state engineer has Relative rights sub mitted to court Section 88c added Engineer secretary of state board of irrigation In effect already issued findings declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under the provisions of sections 34 to 39, inclusive, of this act. SEC. 16. A new and further section is hereby added and the same shall be and is hereby incorporated in the above-entitled act and shall be known and designated as section 88c, as follows: Section 88c. The state engineer is hereby made a member of the state board of irrigation and shall act as secretary of such board. SEC. 17. This act shall take effect from and after its passage and approval. Superintendent of public instruction to apportion CHAP. 254-An Act to amend an act entitled "An act concerning public schools, and repealing certain acts relating thereto," approved March 20, 1911. [Approved March 26, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 152 of the above-entitled act (section 3391 of the Revised Laws of Nevada, 1912) is hereby amended to read as follows: Section 152. The superintendent of public instruction shall, school funds immediately after he has apportioned the state distributive school fund, as provided in this act, proceed to apportion the county school fund of each county among its several school districts. He shall apportion the county school fund as follows: 1. He must ascertain the number of teachers to which each district is entitled by calculating one teacher for every seventyschool funds five census children or fraction thereof as shown by the last preceding census report; Method of apportioning 2. He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several school districts upon the basis of one teacher to each seventy-five census children or fraction thereof; 3. Forty per cent of the amount of the county school fund shall be apportioned equally to each school district for every teacher assigned to it upon the basis of seventy-five census children or fraction thereof; 4. All school moneys remaining on hand in the county school fund after apportioning forty per cent of the county school fund equally to each school district for every teacher assigned to it, upon the basis of seventy-five census children or fraction thereof, must be apportioned to the several school districts in proportion to the number of school-census children between the ages of six and eighteen years, as shown by the last preceding school census. The superintendent of public instruction shall by means of a printed report notify the county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail; insurance 5. The county treasurer of every county, before notifying School the superintendent of public instruction of the county school fund fund to be apportioned in the July apportionment for the year 1915, shall set aside an amount equal to one-half of one per cent of salaries paid to employees of each and every school district of the county during the two years beginning July 1, 1913, and ending June 30, 1915, and this fund shall be known as the "School Insurance Fund"; treasurer to of 1% of 6. In January, 1916, and semiannually thereafter, the county County treasurer of every county shall, in like manner, set aside an set aside amount equal to one-half of one per cent of salaries paid to salaries to employees of each and every school district of the county during insurance the preceding six months, and credit the same to the school insurance fund; 7. The amounts certified to the superintendent of public instruction for apportionment shall not include the school insurance fund so set aside; fund industrial 8. The county auditor shall, during the month of July, 1915, Auditor and semiannually thereafter, draw his warrant in favor of the warrant for Nevada industrial commission for an amount equal to that commission named in the aforesaid order to be paid out of the school insurance fund. CHAP. 255-An Act to amend section one of an act entitled "An act to require district attorneys to make certain reports to the attorney-general," approved March 1, 1889. [Approved March 25, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 1 of said act is hereby amended so as attorney convictions attorney to read as follows: Section 1. On the fourth Monday of March and August of District each year the several district attorneys, or other persons charged to report by law with the prosecution of criminals, shall make a report semianin writing to the attorney-general containing a concise state- nually to ment of the facts of each case prosecuted by them since the last general report herein required in which a conviction was had. Upon receipt of such statement the attorney-general shall file the same in his office, and shall not permit the same to be taken therefrom except at the request of the board of pardons, or a member thereof. Such statement shall be considered by the board of pardons as prima facie evidence of the matter therein contained. |