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§ 267. Irrigation-Water rights.-Article XVI of the constitution is devoted to mining and irrigation. Section one requires the appointment of a commissioner of mines. Section two requires the legislature to provide for the ventilation of mines, and to prohibit the employment in mines of children under twelve years of age. Section three authorizes drainage laws. Section four authorizes the establishment of a school of mines, under state patronage. Section seven gives a right of way across public and private lands to conduits for carrying water for mining and other purposes, upon payment of just compensation. Sections five, six and eight refer to water rights; declaring natural streams to be public property; that the right of appropriation shall never be denied; recognizing priority of appropriation as giving the better right; giving the preference to water used for domestic purposes when there is not enough for all, and authorizing the legislature to fix maximum rates to be charged for water.1

1 Gen. Laws, p. 71.

IV. DAKOTA.1

§§ 268-85. LOCATION AND SIZE OF LODES AND MINING CLAIMS -RECORDING.

$$286-9c. SURVEY OF DISPUTED CLAIMS-LIMITATIONS-INJUNCTION.

SECTION 268-Length of lode claims.

269-Width of lode claims.

270-Discoverer to record claim.

271-When certificate void.

272-Manner of locating.

273-Marking surface boundaries.

274-Requisites of location.

275-Time discoverer has to perform labor.

276-Certificate construed to contain.

277--Claim not beyond exterior lines.

1 Rev. Code 1877, Ch. xxxi., p. 159.

SECTION 278-Claims subject to right of way.

279-Owner may demand security from miner.
280-Filing amended certificate.

281-Work performed annually.

282-Affidavit of labor.

283-Relocating abandoned claims.

284-One certificate, one location.

285-Fee for recording.

286-Disputed claims-Survey of mine-Limitations.

287-Injunctions.

288-Location and notice of claim.

289-Recording of claims.

289a-Destruction of notice-Misdemeanor.
2896-Rights of way and easements.
289c-Water rights.

§ 268. Length of lode claim.-SEC. 1. The length of any lode claim hereafter located within this territory may equal, but shall not exceed, 1,500 ft. along the vein or lode.

§ 269. Width of lode claims.-SEC. 2. The width of lode claims shall be 150 ft. on each side of the center of the vein or crevice; Provided, That any county may, at any general election, determine upon a greater width, not exceeding 300 ft. on each side of the center of the vein or lode, by a majority of the legal votes cast at said election; and any county, by such vote at such election, may determine upon a less width than above specified; Provided, That not less than 25 ft. each side of vein or lode shall be prohibited.

§ 270. Discoverer to record claim.-SEC. 3. That the discoverer of a lode shall, within twenty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain: (1) The name of the lode. (2) The name of the locator. (3) The date of location. (4) The number of feet in length claimed on each side of the discovery shaft. (5) The number of feet in width claimed on each side of the vein or lode. (6) The general course of the lode as near as may be.

§ 271. When certificate void.-SEC. 4. Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the number of feet in width claimed, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void.

§ 272. Manner of locating.-SEC. 5. Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well defined mineral vein or lode; second, by posting at the point of discovery, on the surface, a plain sign or notice containing the name of the lode, the name of the locator and the date of the discovery; the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; third, by marking the surface boundaries of the claim.

§ 273. Marking surface boundaries.-SEC. 6. Such surface boundaries shall be marked by eight (8) substantial posts, hewed or blazed on the side or sides facing the claim, and sunk in the ground, to-wit: one at each corner, and one at the center of each side line, and one at each end of the lode. Where it is impracticable, on account of rock or precipitous ground, to sink such posts, they may be placed in a monument of stone.

§ 274. Requisite of location.-SEC. 7. Any open cut, cross cut or tunnel, at a depth sufficient to disclose the mineral vein or lode, or an adit of at least ten (10) feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a disCovery shaft.

§ 275. Time discoverer has to perform labor.-SEC. 8. The discoverer shall have thirty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.

§ 276. Certificate construed to contain.-SEC. 9. The location or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof; and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of such lines extended vertically, with such parts of all lodes or ledges as continue, by dip beyond the side lines of the claim, but shall not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.

§ 277. Claim not beyond exterior lines.-SEC. 10. If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or, as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior.

§ 278. Claims subject to right of way.-SEC. 11. All mining claims now located, or which may be hereafter located, shall be subject to the right of way of any ditch or flume for mining purposes; or of any tramway or pack trail which is now in use, or which may be hereafter laid out across any such location: Provided, always, That such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to the establishment of the ditch, flume, tramway, or pack trail without consent of the owners except by condemnation,

as in case of land taken for public highways; parol consent to the location of any such easement, accompanied by the completion of the same over the claim, shall be sufficient without writing: And, provided further, That such ditch or flume shall be so constructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise.

§ 279. Owner may demand security from miner.SEC. 12. When the right to mine is, in any case, separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is given. The order for injunction shall fix the amount of bond.

§ 280. Filing amended certificate.-SEC. 13. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefit of this act, such locator or his assigns may file an additional certificate subject to the provisions of this act; Provided, That such location does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under the previous locations.

§ 281. Work performed annually.-SEC. 14. The amount of work to be done or improvements made dur

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