are not injured by such change. This provision applies to notices already filed as well as to notices hereafter filed. En. March 21, 1872. Am'd. 1903, 361. Cal. Rep.Cit. 69, 369; 80, 398; 82, 568; Change of place of diversion: 80, 400; 80, 401; 80, 407; 86, 11; 99, 584; 99, 586; See ante, sec. 1412. § 1416. Work on water rights. Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water, or the survey, road or trail building, necessarily incident thereto, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rain; provided, that if the erection of a dam has been recommended by the California debris commission at or near the place where it is intended to divert the water, the claimant shall have sixty days after the completion of such dam in which to commence the excavation or construction of the works in which he intends to divert the water. En. March 21, 1872. Am'd. 1895, 70; 1903, 396. Cal.Rep.Cit. 69, 369; 75, 486; 80, 400; 80, 401; 80, 403; 82, 566; 82, 568; 99, 587. Time from which right of appropriation becomes vested: See sec. 1418. $1417. Completion defined. By "completion" is meant conducting the waters to the place of intended use. En. March 21, 1872. Cal.Rep.Cit. 69, 369; 75, 487. § 1418. Doctrine of relation applied. By a compliance with the above rules the claimant's right to the use of the water relates back to the time the notice was posted. March 21, 1872. En. Cal. Rep. Cit. 69, 370; 80, 401; 80, 407; 80, 408; 82, 569; 99, 586; 99, 587. 1419. Forfeiture. A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith. En. March 21, 1872. Cal.Rep.Cit. 82, 569; 69, 370; 80, 401; 80, 403; 80, 407; 80, 408; § 1420. Rights of present claimant. Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must, after this title takes effect, and within twenty days thereafter, proceed as in this title provided, or their right ceases. En. March 21, 1872. Cal.Rep.Cit. 69, 370; 69, 453; 75, 487. § 1421. Recorder to keep book in which to record notices. The recorder of each county must keep a book, in which he must record the notices provided for in this title. En. March 21, 1872. Cal. Rep.Cit. 69, 370. § 1422. Title not to affect rights of riparian proprietors. If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of, any national park, forest reservation, or other public reservation, and be so shown in the notice of appropriation of said water, then the claimant shall have sixty days, after the grant of authority to occupy and use such park or reservation for such intended purpose, within which to commence the excavation or construction of said works; provided that within sixty days after the posting of said notice of appropriation, as provided in section 1415 of the Civil Code, the claimant shall in good faith commence (and thereafter diligently and continuously, except when temporarily interrupted by snow or rain, prosecute to completion) such surveys and other work as under the regulations governing such park or reservations, may be required as preliminary to, or for use with, an application for such authority; and provided also that the claimant shall in good faith on completion of said survey and preliminary work, apply to the officer, board, or body, having charge of such park or reservation, for such authority, and shall thereafter, prosecute said application with reasonable diligence. En. March 21, 1872. Rep. 1887, 114. En. 1903, -397. § 1424. § 1424. Where hydraulic mining can be carried on. The business of hydraulic mining may be carried on within the state of California wherever and whenever the same can be carried on without material injury to the navigable streams, or the lands adjacent thereto. En. Stats. 1893, 337. $1425. Meaning of hydraulic mining. Hydraulic mining, within the meaning of this title, is mining by means of the application of water, under pressure, through a nozzle, against a natural bank. En. Stats. 1893, 337. Cal.Rep.Cit. 111, 576. Civ. Code-15 |