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IRRIGATION ACT 
 
 -OF- 
 
 1 8 97 
 
 THE IRRIGATION LAWS 
 
 OF CALIFORNIA 
 
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 y^fVERSlTV OF llfiwO*S tWAFtY 
 
 PREFACE JUL 8 - jgjg 
 
 In 1887 tke Legislature of California passed the first act 
 providing for the organization of irrigation districts. 
 
 This was known as the “Wright” act, and constituted a 
 new departure in legislation. It provided for the creation of 
 public corporations, municipal or quasi-municipal in nature, 
 with powers very different, however, from the powers exercised 
 by other municipal or quasi-municipal corporations. 
 
 Immediately after the passage of the so-called Wright act, 
 the Legislatures of Colorado, Idaho, Kansas, Nebraska, Wash- 
 ington, Utah and Texas passed acts very similar in nature, 
 and in many cases exactly identical. In some of these states 
 such acts have been repealed, but in most of them they are 
 still in operation. 
 
 In 1897 a new act was passed embodying most of the 
 provisions of the original act, but modifying it in some par- 
 ticulars in which experience had shown it to be defective. It 
 superseded all previous acts and is now the law governing the 
 organization and operation of irrigation districts, 
 j The law relative to irrigation districts is now as well 
 
 I settled as that relative to municipal corporations organized 
 j under the general municipal acts of the state. 
 
 The act has justified itself and resulted in a phenomenal 
 I development in the regions where it has been given a trial. 
 The day of private irrigation enterprises on a large scale has 
 passed and in the absence of a comprehensive scheme of irriga- 
 ' tion under state control, which does not seem feasible at the 
 present time, this appears to be the only method by which 
 large and fertile areas of arid and semi-arid regions can be 
 brought under cultivation. 
 
 In Central California there are two districts, known as the 
 Modesto and Turlock Districts, containing over 250,000 acres 
 of land, which were the pioneers in this movement. In addition 
 to these districts, the Alta, Tulare, South San Joaquin, Oakdale, 
 Imperial, San Ysidro and Waterford Districts are now in exist- 
 ence, and steps are being taken for the organization of other 
 districts. 
 
 In the other states where this law is in operation, numerous 
 districts are also in existence. 
 
 For some inscrutable reason the securities of these districts 
 have not been looked upon favorably by the banking interests 
 of California, although this law has contributed more to the 
 material wealth of the state than probably any other single 
 legislative act. The legislature of 1911 attempted to overcome 
 this antagonism by legislation which has placed the bonds of 
 these districts in the same class as other municipal bonds for 
 investment purposes, and also provided for a sort of state 
 supervision. With the amendments which have since been made 
 these securities are now recognized as equal to any other 
 rtlunicipal securities and have found ready sale. 
 
 Modesto, Cal., September, 1913. 
 

M 9 i 
 
 IRRIGATION ACT 
 
 —OF— 
 
 180"7 
 
 An Act to Provide for the Organization and Government of 
 Irrigation Districts, and to Provide for the Acquisition or 
 Construction Thereby of Works for the Irrigation of the 
 Tands Embraced Within Such Districts, and. Also, to 
 Provide for the Distribution of Water for Irrigation Pur- 
 poses. 
 
 (Approved March 31, 1897. Stats., p. 254.) 
 
 The People of the State of California, represented in Senate 
 
 and Assembly, do enact as follows: 
 
 Organization. 
 
 Section 1. A majority in number of the holders of title, 
 or evidence of title, including the holders of possessory rights 
 under receipts or other evidence of the rights of entrymen 
 or purchasers under any law of the United States or of this 
 state, to lands susceptible of irrigation from a common source 
 and by the same system of works, such holders of title, or 
 evidence of title and of possessory rights, representing a 
 majority in value of said lands, according to the equalized 
 county assessment roll or rolls for the year last preceding, 
 may propose the organization of an irrigation district, under 
 the provisions of this act. Said equalized assessment roll or 
 rolls shall be sufficient evidence of title and of such possessory 
 rights, for the purposes of this act. (1911.) 
 
 Section 2. In order to propose the organization of an irri- 
 gation district, a petition shall be presented to the board of 
 
 supervisors of the county in which the lands within the pro- 
 posed district, or the greater portion thereof, are situated, 
 
 signed by the required number of holders of title, or evidence 
 of title, including such aforesaid possessory rights, to lands 
 within such proposed district, and representing the requisite 
 
 majority in value of said lands, which petition shall set forth 
 generally the boundaries of the proposed district and also shall 
 state generally the source or sources (which may be in the 
 alternative) from which said lands are proposed to be irrigated, 
 and shall pray that the territory embraced within the boundaries 
 of- the proposed district may be organized as an irrigation 
 
4 
 
 IRRIGATION ACT OF 1897 
 
 district under the provisions of this act. The petition may 
 consist of any number of separate instruments, and must be 
 accompanied with a good and sufficient undertaking, to be 
 approved by the board of supervisors, in double the amount 
 of the probable cost of organizing such district, conditioned 
 that the sureties shall pay all of said costs in case said organiza- 
 tion shall not be effected. Said petition shall be presented at 
 a regular meeting of said board and shall be published for at 
 least two weeks before the time at which the same is to be 
 presented in some newspaper of general circulation printed and 
 published in the county where said petition is presented, 
 together with a notice stating the time of the meeting at which 
 the same will be presented ; and if any portion of the lands 
 within said proposed district lie within another county or 
 counties, then said petition and notice shall be published, as 
 above provided, in a newspaper published in each of said 
 counties. When contained upon more than one instrument, 
 one copy only of such petition need be published, but the 
 names attached to all of said instruments must appear in such 
 publication. On or before the day on which said petition is 
 
 presented to said board of supervisors, a copy of said petition 
 
 shall be filed in the office of the state engineer. When said 
 petition is presented, said board of supervisors shall hear the 
 same and shall proceed to determine whether or not sai^ 
 petition complies with the requirements hereinbefore set forth 
 and whether or not the notice required herein has been pub- 
 lished as required, and must hear all competent and relevant 
 testimony offered in support of or in opposition thereto. Said 
 hearing may be adjourned from time to time for the deter- 
 mination of said facts, not exceeding two weeks in all. No 
 
 defect in the contents of the petition or in the title to or form 
 of the notice or signatures, or lack of signatures thereto, shall 
 vitiate any proceedings thereon ; provided, such petition or peti- 
 tions have a sufficient number of qualified signatures attached 
 thereto. The determination of the board shall be expressed by 
 resolution. If it shall determine that any of the requirements 
 hereinbefore set forth have not been complied with, the matter 
 shall be dismissed, but without prejudice to the right of the 
 proper number of persons to present a new petition covering 
 the same matter or to present the same petition with additional 
 signatures, if such additional signatures are necessary to comply 
 with the requirements of this act. If the board of supervisors 
 shall determine that the petitioners have complied with the 
 requirements hereinbefore set forth, it shall cause a copy of 
 the resolution so declaring to be forwarded to the state engineer 
 and shall postpone further hearing of said petition for one 
 month, or from time to time, not exceeding one month in all. 
 Upon receiving a copy of said resolution, the state engineer 
 shall make or cause to be made such an investigation as may 
 be practicable, with a view to determining whether any condi- 
 tion or conditions exist that would justify him in reporting 
 against the organization of the proposed district. He shall 
 report in writing on the matter to the board of supervisors 
 from which the copy of said resolution was received, and said 
 report shall be made within one month from the date of the 
 adoption of said resolution, but failure by the state engineer 
 to perform any duty required herein shall not invalidate the 
 organization of any district, nor shall any board of supervisors, 
 because of failure to receive a report from the state engineer, 
 delay the proceedings herein required for a longer time than 
 is allowed herein. If the state engineer shall report that the 
 supply of water available for the use of the proposed district, 
 or that may be acquired by any practicable means, including 
 the condemnation of existing rights, is not sufficient or that the 
 
IRRIGATION ACT OF 1897 
 
 5 
 
 project is not feasible for any other reason or reasons and if 
 such report shall be filed with the said board of supervisors 
 before the expiration of one month from and after the date of 
 the adoption of the aforesaid resolution, the hearing of the 
 petition shall again be continued for one month and shall then 
 be dismissed, unless the board of supervisors shall be requested 
 in writing by three-fourths of the holders of title or evidence 
 of title, including possessory rights, to lands within said 
 proposed district to grant the same ; provided, that if such 
 request is not received, the board of supervisors may modify 
 the plans for the proposed district in accordance with recom- 
 mendations by the state engineer. If the report of the state 
 engineer shall not compel the continuance of the matter as 
 aforesaid, the board of supervisors shall, at the regular meeting 
 at which said report shall have been received, proceed to a 
 final hearing of the petition, and if said board shall, after 
 receiving an adverse report from the state engineer, decide to 
 modify the plan as set forth in said petition or shall be 
 requested in writing by three-fourths of the holders of title or 
 evidence of title, including possessory rights, to the lands 
 within said proposed district to grant said petition, said board 
 shall then proceed to a final hearing of the matter. On any 
 final hearing herein provided for, the board may adjourn from 
 day to day, but not for a longer time, until a determination 
 of the matter is reached. On said final hearing said board 
 shall make such changes in the proposed boundaries as it may 
 deem advisable and shall define and establish such boundaries ; 
 but said board shall not modify said boundaries so as to exclude 
 from such proposed district any territory which is susceptible 
 of irrigation from any of the sources proposed, unless said 
 board shall decide to modify the plan for such proposed district, 
 as herein provided, nor shall any lands which will not, in the 
 judgment of said board, be benefited by irrigation by means of 
 any of said systems of works be included within such proposed 
 district. Any person whose lands are susceptible of irrigation 
 from any of the proposed sources may, upon his application, 
 in the discretion of said board, have such lands included within 
 said proposed district. (1913.) 
 
 Section 3. Upon the final hearing of said petition or said 
 matter, the board of supervisors shall make an order reaffirming 
 its conclusions as to the genuineness and sufficiency of the 
 petition and notice hereinbefore provided for, reciting that a 
 report regarding the proposed district has been made by the 
 state engineer and is on file with the other records of the 
 board, and describing the boundaries of the proposed district 
 as defined and established by said board. Said order shall be 
 entered in full upon the minutes of said' board. At said final 
 hearing no evidence shall be heard against the genuineness or 
 sufficiency of said petition or notice unless it shall be shown 
 to the satisfaction of said board that new evidence which, if 
 uncontradicted, would disprove the genuineness or sufficiency 
 of said petition or notice has been discovered since said board 
 adopted the resolution declaring that said petition and notice 
 complied with all the requirements of this act. In case any 
 new evidence is admitted, full opportunity shall be given for 
 the introduction of evidence in rebuttal thereof. (1913.) 
 
 Section 4. A finding of the board of supervisors in favor 
 of the genuineness and sufficiency of the petition and notice 
 shall be final and conclusive against all persons except the 
 State of California upon suit commenced by the attorney 
 general. Any such suit must be commenced within one year 
 after the order of the board of supervisors declaring such 
 
IRRIGATION ACT OF 1897 
 
 district organized as herein provided, and ot otherwise. (1911, 
 extra session.) 
 
 Section 5. If, on the said final hearing, the boundaries of 
 the proposed district are defined and established, said board 
 shall make an order dividing said district into five divisions, as 
 nearly equal in size as may be practicable, which shall be 
 numbered first, second, third, fourth and fifth, and one director 
 shall be elected for each division by the electors thereof ; 
 provided, that if so requested in said petition, the board may 
 order that there shall be only three divisions ' in said district, 
 and that only three directors be elected, or that they be elected 
 for the district at large. 
 
 Election on Organization. 
 
 Section 6. Said board of supervisors shall then give notice 
 of an election to be held in such proposed district, for the 
 purpose of determining whether or not the same shall be 
 organized under . the provisions of this act. Such notice shall 
 describe the boundaries so established, and shall designate a 
 name for the proposed district, and said notice shall be published 
 for at least three weeks previous to such election, in a news- 
 paper published within the county in which the petition for the 
 organization of the proposed district was presented ; and if any 
 portion of such proposed district is within another county or 
 counties, then such notice shall be published for the same length 
 of time in a newspaper published in each of said counties. Such 
 notice shall require the electors to cast ballots, which shall 
 contain the words “Irrigation District — Yes,” or “Irrigation 
 
 District — No,” or words equivalent thereto, and also the names 
 of persons to be voted for at said election. For the purposes 
 of said election the board of supervisors must establish a 
 convenient number of election precincts in said proposed district, 
 and define the boundaries of the same. Such election shall be 
 conducted as nearly as practicable in accordance with the 
 general election laws of the state, but no particular form of 
 ballot shall be required*. 
 
 Section 7. At such election there shall be elected a board 
 of directors, and an assessor, tax collector, and treasurer ; pro- 
 vided, that where a consolidation of officers as hereinafter 
 
 provided for is deemed advisable in the organization of a 
 district, the petitioners may request in their petition for 
 organization such consolidation, and the board of supervisors 
 
 calling the election shall in its order therefor announce such 
 consolidation, and then only one person shall be elected to fill 
 the several offices so consolidated. 
 
 Section 8. No person shall be entitled to vote at any 
 election held under the provisions of this act unless he possesses 
 all the qualifications required of electors under the general 
 election laws of the state. 
 
 Section 9. The board of supervisors shall meet on the 
 second Monday succeeding such election, and shall proceed to 
 canvass the votes cast thereat, and if upon such canvass it 
 
 appears that at least two-thirds of all the votes cast are “Irriga- 
 tion District — Yes,” said board shall, by an order entered on 
 its minutes, declare the territory duly organized as an irrigation 
 district, under the name theretofore designated, and shall declare 
 the persons receiving respectively the highest number of votes 
 at said election to be duly elected. 
 
 Section 10. Said board shall then cause a copy of such 
 order, duly certified, to be immediately filed for record in the 
 
IRRIGATION ACT OF 1897 
 
 7 
 
 office of the county recorder of any county in which any portion 
 of the lands embraced in such district are situated, and must 
 also immediately forward a copy thereof to the clerk of the 
 board of supervisors of each of said last-mentioned counties, and 
 no board of supervisors of any county in which any portion of 
 the lands embraced in such district are situated shall, after the 
 date of the organization thereof, allow another district to be 
 formed including any portion of said lands, without the consent 
 of the board of directors of the district in which they are 
 situated. From and after such filing, the organization of such 
 district shall be complete. 
 
 Section 11. Such election, on organization, may be con- 
 tested by any person owning property within the proposed 
 district liable to assessment. The directors elected at such 
 election shall be made parties defendant. Such contest shall be 
 brought in the superior court of the county where the petition 
 for organization is filed; provided, that if more than one, 
 contest be pending, they shall be consolidated and tried together. 
 The court having jurisdiction shall speedily try such contest, 
 and determine, upon the hearing, whether the election was fairly 
 conducted and in substantial compliance with the requirements 
 of this act, and enter its judgment accordingly. Such contest 
 must be brought within twenty days after the canvass of the 
 vote and declaration of the result by the board of supervisors. 
 The right of appeal is hereby given to either party to the record 
 within thirty days from entry of judgment. The appeal must 
 be heard and determined by the supreme court within sixty 
 days from the time of filing the notice of appeal. 
 
 Section 12. The officers elected at the election hereinbefore 
 provided for shall immediately enter upon their duties as such, 
 upon qualifying in the manner for such officers herein provided. 
 Said officers shall hold office respectively until their successors 
 are elected and qualified. 
 
 Organization and Classification of Directors. 
 
 Section 13. The directors of any district created after the 
 passage of this act, on the first Tuesday after their election, 
 after they shall have qualified, shall meet and classify themselves 
 by lot into two classes, as nearly equal in number as possible, 
 and the term of office of the class having the greater number 
 shall expire at the next general February election in this act 
 provided for ; and the term of office of the class having the 
 lesser number shall terminate at the next general February 
 election thereafter. After such classification, said directors shall 
 organize as a board, shall elect a president from their number, 
 and appoint a secretary, who shall each hold office during the 
 pleasure of the board. The salary of the secretary and the 
 amount of the bond to be given by him for the faithful perform- 
 ance of his duties shall be fixed by the board of directors. 
 
 Meetings. 
 
 Section 14. The board of directors shall hold a regular 
 monthly meeting at their office upon such time as they shall fix 
 by a resolution duly entered upon their minutes, and when the 
 time for such monthly meeting has been fixed it can not again 
 be changed for twelve months, and it can only be changed upon 
 resolution, passed at least two months prior to the time such 
 change shall take effect, and upon publication in a newspaper 
 of general circulation in the county for at least one week prior 
 to such change. 
 
IRRIGATION ACT OF 1897 
 
 Such special meetings also may be held as may be required 
 for the proper transaction of the business; provided, that all 
 special meetings must be ordered by a majority of the board. 
 The order must be entered of record, and five days’ notice 
 thereof must, by the secretary, be given to each member not 
 joining in the order. The order must specify the business to 
 be transacted, and no other business than that specified must 
 be transacted at such special meeting. 
 
 All meetings of the board must be public, and three mem- 
 bers shall constitute a quorum for the transaction of business; 
 provided, however, that when the board consists of three 
 members only, then in such case two shall constitute a quorum 
 for the transaction of business, but on all questions requiring 
 a vote there shall be a concurrence of at least the number 
 constituting a quorum. All records of the board shall be open 
 to public inspection during business hours. 
 
 The board of directors at their regular monthly meeting in 
 January of each year shall render and immediately thereafter 
 cause to be published a verified statement of the financial con- 
 dition of the district, showing particularly the receipts and 
 disbursements of the last preceding year, together with the 
 source of such receipts and purpose of such disbursements. 
 Said publications shall be made at least once a week for two 
 weeks, in some newspaper published in the county where the 
 office of the board of directors of such district is situated. 
 Whenever any act is required to be done or proceeding taken 
 by this act, or the acts supplemental or amendatory thereto, 
 on the first Tuesday in any month, such act may be done or 
 proceeding had upon the time specified in the resolution, herein- 
 before referred to, as the time for the regular monthly meeting 
 of such board ; provided, also, that when the time of meeting 
 other than the first Tuesday in the month has been specified, 
 thereafter the newly elected directors shall meet and organize 
 as a board upon the regular time fixed for the monthly meeting 
 in March. 
 
 Powers and Duties of Officers. 
 
 Section 15. The board of directors shall have the power 
 and it shall be their duty, to manage and conduct the business 
 affairs of the district ; make and execute all necessary con- 
 tracts ; employ and appoint such agents, officers, and employes 
 as may be required, and prescribe their duties. The board and 
 its agents and employes shall have the right to enter upon any 
 land to make surveys, and may locate the necessary irrigation 
 works and the line for any canal or canals, and the necessary 
 branches for the same, on any lands which may be deemed 
 best for such location. Said board shall also have the right to 
 acquire, by purchase, lease, contract, condemnation, or other 
 legal means, all lands and waters, and water rights, and other 
 property necessary for the construction, use, supply, mainte- 
 nance, repair and improvements of said canal, or canals, and 
 works, including canals and works constructed and being con- 
 structed by private owners, lands for reservoirs for the storage 
 of needful waters, and all necessary appurtenances, and also 
 where necessary or convenient to said ends to acquire and hold 
 the stock of other corporations owning waters, canals, water 
 works, franchises, concessions or rights. But no purchase or 
 lease of any waters, or water rights, or canals, or reservoirs, or 
 reservoir sites, or irrigation works, or other property of any 
 nature or kind, or stock in any other corporation, for any price, 
 aggregate rental or consideration, in excess of ten thousand 
 dollars, shall be final or binding on the district, nor shall the 
 purchase price, rental or consideration, or any part thereof, be 
 paid or rendered until a petition of a majority of the holders 
 
IRRIGATION ACT OF 1897 
 
 9 
 
 of title, or evidence of title, and of possessory rights as afore- 
 ‘said, to lands within the district, such holders of title, or 
 evidence of title, and of possessory rights, representing a 
 majority in value of said land, according to the last equalized 
 assessment roll of the district, if such has theretofore been 
 made, and if such has not been made, then according to the 
 equalized county assessment roll covering lands of such district, 
 shall have been filed with the board and an order of the board 
 made thereon confirming such purchase. Said board may also 
 construct the necessary dams, reservoirs, and works for the 
 collection of water for said district, and do any and every lawful 
 act necessary to be done, that sufficient water may be furnished 
 to each land owner in said district for irrigation and domestic 
 purposes. The said board is hereby authorized and empowered 
 to take conveyances, leases, contracts or other assurances for 
 all property acquired by it under the provisions of this act, in 
 the name of such irrigation district, to and for the uses and 
 purposes herein expressed, and to institute and maintain any 
 and all actions and proceedings, suits at law or in equity neces- 
 sary or proper in order to fully carry out the provisions of this 
 act, or to enforce, maintain, protect or preserve any and all 
 rights, privileges and immunities created by this act, or acquired 
 in pursuance thereof. And in all courts, actions, suits or 
 proceedings the said board may sue, appear and defend in 
 person or by attorneys, and in the name of such irrigation 
 district. It shall be the duty of said board to establish equitable 
 by-laws, rules and regulations for the distribution and use of 
 water among the owners of said lands, which must be printed 
 in convenient form for distribution in the district. Said board 
 shall have power generally to perform all such acts as shall 
 be necessary to fully carry out the purposes of this act. (1911.) 
 
 Change of Boundaries. 
 
 Section 15^2. The board of directors, when they deem it 
 advisable for the best interests of the district, and the con- 
 venience of the electors thereof, may at any time, but not less 
 than sixty days before an election to be held in the district, 
 change the boundaries of the divisions and election precincts of 
 the district ; provided, such changes shall be made to keep each 
 division as nearly equal in area and population as may be 
 practicable. Such change of boundaries of the divisions must 
 be shown on the minutes of the board. The board of directors 
 of any irrigation district now or that may hereafter be organized 
 in the state, sha"!! also have the power, and such board is hereby 
 vested with the authority, to lease the system of canals and 
 works in the district, or any parts thereof, whenever such 
 leasing may be for the benefit of the district ; provided, that 
 when the directors of any irrigation district contemplate the 
 leasing of the canals and works of such district, they shall give 
 notice of such contemplation by publishing the same in some 
 newspaper published in the county in which such irrigation 
 district lies, at least three weeks prior to the making of any 
 lease, and such lease shall be made to the highest bidder. But 
 such board shall have the right to reject any and all bids. Such 
 lease shall in no way interfere with any rights that may have 
 been established by law, at the time such lease is made ; and 
 further provided, that the board of directors shall require a 
 good and sufficient bond to secure faithful performance of the 
 lease by the lessees. (1911.) 
 
 Condemnation. 
 
 Section 16. In case of condemnation proceedings, the board 
 of directors shall proceed, in the name of the district, under 
 
10 
 
 IRRIGATION ACT OF 1897 
 
 the provisions of title seven, part three, of the code of civil 
 procedure. 
 
 Use of Water. 
 
 Section 17. The use of all water required for the irrigation 
 of the lands of any district formed under the provisions of this 
 act, or the act of which this is supplementary or amendatory, 
 and for domestic and other incidental and beneficial uses, within 
 such district, together with the rights of way for canals and 
 ditches, sites for reservoirs, and all other property required in 
 fully carrying out the provisions of this act, is hereby declared 
 to be a public use, subject to the regulation and control of 
 the state, in the manner prescribed by law. (1911.) 
 
 Section 18. It is hereby expressly provided that all waters 
 distributed for irrigation purposes shall be apportioned ratably 
 to each land owner upon the basis of the ratio which the last 
 assessment of such owner for district purposes within said dis- 
 trict bears to the whole sum assessed upon the district ; pro- 
 vided, that any land owner may assign the right to the whole 
 or any portion of the waters so apportioned to him. 
 
 General Election. 
 
 Section 19. An election shall be held in each irrigation 
 district on the first Wednesday in February, eighteen hundred 
 and ninety-nine, and on the first Wednesday in February in each 
 second year thereafter, at which an assessor, a collector, and a 
 treasurer, and directors for the district shall be elected. The 
 person receiving the highest number of votes for any office to 
 be filled at such election shall be elected thereto. The assessor, 
 collector, and treasurer shall each hold office from the first 
 Tuesday in March next after, for two years, and until his 
 successor is elected and qualified. Within ten days after receiv- 
 ing their certificates of election, hereinafter provided for, said 
 officers shall take and subscribe the official oath and file the 
 same in the office of the board of directors, and execute the 
 bond hereinafter provided for. The assessor shall execute an 
 official • bond in ‘ the sum of five thousand dollars, and the 
 collector an official bond in the sum of twenty thousand dollars, 
 and the district treasurer an official bond in the sum of fifty 
 thousand dollars ; each of said bonds to be approved by the 
 board of directors ; provided, that the board of directors may, 
 if it shall be deemed advisable, fix the bonds of the treasurer 
 and collector, respectively, to suit the conditions of the district, 
 the maximum amount of the treasurer’s bond not to exceed fifty 
 thousand dollars, and the minimum amount thereof not to be 
 less than ten thousand dollars ; and the maximum amount of 
 the collector’s bond not to exceed twenty thousand dollars, and 
 the minimum amount thereof not to be less than five thousand 
 dollars. Each member of said board of directors shall execute 
 an official bond in the sum of five thousand dollars, which said 
 bonds shall be approved by the judge of the superior court of 
 said couiit}?^ where such organization was effected, and shall be 
 recorded in the office of the county recorder thereof, and filed 
 with the secretary of said board. All official bonds herein 
 provided for shall be in the form prescribed by law for the 
 official bonds of county officers. 
 
 Organization of Board. 
 
 Section 20. On the first Tuesday in March next following 
 their election, the directors who shall have been elected at the 
 general February election, shall meet and organize as a board, 
 elect a president and appoint a secretary, who shall each hold 
 
IRRIGATION ACT OF 1897 
 
 11 
 
 office during the pleasure of the board. And the directors of 
 districts now organized, who shall have been elected at the 
 general February election of eighteen hundred and ninety-nine, 
 shall, on the first Tuesday in March next thereafter*, when they 
 meet to organize, first classify themselves by lot into two classes 
 as nearly equal in number as possible. And the term of office 
 of the class having the greater number shall be two years ; and 
 the term of office of the lesser number shall be four years. The 
 full term of office of directors is hereby fixed at four years. 
 
 Notice of Election, 
 
 Section 21. Fifteen days before any election held under 
 this act, subsequent to the organization of any district, the 
 secretary of the board of directors shall cause notices to be 
 posted in three public places in each election precinct, of the 
 time and place of holding the election, and shall also post a 
 general notice of the same in the office of said board, which 
 shall be established and kept at some fixed place, to be deter- 
 mined by said board, specifying the polling places of each 
 precinct. Prior to the time for posting the notices, the board 
 must appoint for each precinct, from the electors thereof, one 
 inspector and two judges, who shall constitute a board of 
 election for such precinct. If the board fail to appoint a 
 board of election, or the members appointed do not attend at 
 the opening of the polls on the morning of election, the electors 
 of the precinct present at that hour may appoint the board, or 
 supply the place of an absent member thereof. The board of 
 directors must, in its order appointing the board of election, 
 designate the house or place within the precinct where the elec- 
 tion must be held. 
 
 Conduct of Elections. 
 
 Section 22. The inspector is chairman of the election board 
 and may administer all oaths required in the process of an 
 election ; and appoint judges and clerks, if, during the progress 
 of the election, any judge or clerk cease to act. Any member of 
 the board of election, or any clerk thereof, may administer and 
 certify oaths required to be administered during the progress 
 of an election. The board of election' of each precinct, must, 
 before opening the polls, appoint two persons to act as clerks 
 of the election. Before opening the polls, each member of the 
 board and each clerk must take and subscribe an oath to faith- 
 fully perform the duties imposed upon them by law. Any 
 elector of the precinct may administer and certify such oath. 
 The polls must be opened at 8 a. m. on the morning of the 
 election, and be kept open until 4 p. m., when the same must 
 be closed. 
 
 Section 22a. The ballot used at the election shall be pro- 
 vided by the board of directors, and one of the clerks of election 
 shall deliver, to each of the electors, one of the ballots so pro- 
 vided. The ballots shall have printed on them the names of all 
 candidates whose names have been filed as provided in this act, 
 with a voting square behind each name. The names shall be 
 arranged in groups, alphabetically, under the designation of the 
 office for which each*person named is a candidate. When rnore 
 than one person is to be elected for an office of the same title, 
 
 the words “Vote for ....(inserting the proper number)” 
 
 shall be printed under the title of the office. Each elector shall 
 stamp a cross, with a rubber stamp to be provided by the board 
 of directors, in the square behind the name of each candidate 
 he wishes to vote for. 
 
12 
 
 IRRIGATION ACT OF 1897 
 
 Section 22b. Not less than ten days before the election, any 
 ten or more electors in the district may file with the board of 
 directors a petition, requesting that certain persons, specified in 
 such petition, be placed on the ballot as candidates for the office 
 named in the petition. The names proposed by the various 
 petitions so filed, and no others, shall be printed on the ballots. 
 But there shall be sufficient blank spaces left in which electors 
 may write other names if they so desire. The petitions shall be 
 preserved in the office of the secretary of the district. 
 
 Section 23. Voting may commence as soon as the polls are 
 opened, and may be continued during all the time the polls 
 remain opened, and shall be conducted, as nearly as practicable, 
 in accordance with the provisions of the general election laws 
 of this state. As soon as all the votes are counted, a certificate 
 shall be drawn up on each of the papers containing the poll-list 
 and tallies, or attached thereto, stating the number of votes each 
 one voted for has received, and designating the office to fill 
 
 which he was voted for, which number shall be written in 
 
 figures and in words at full length. Eiach certificate shall be 
 signed by the clerk, judge, and the inspector. One of said 
 
 certificates, with the poll-list and the tally paper to which it 
 is attached, shall be retained by the inspector, and preserved by 
 him at least six months. The ballots shall be strung upon a 
 cord or thread by the inspector, during the counting thereof, 
 in the order in which they are entered upon the tally list by 
 the clerks ; and said ballots, together with the other of said 
 certificates, with the poll-list and tally paper to which it is 
 attached, shall be sealed by the inspector in the presence of 
 
 the judges and clerks, and indorsed “Election Returns of 
 (naming the precinct) Precinct,” and be directed to the secre- 
 tary of the board of directors, and shall be immediately delivered 
 by the inspector, or by some other safe and responsible carrier 
 designated by said inspector, to said secretary, and the ballots 
 shall be kept unopened for at least six months ; and if any 
 person be of the opinion that the vote of any precinct has not 
 been correctly counted, he may appear on the day appointed 
 for the board of directors to open and canvass the returns, and 
 demand a recount of the vote of the precinct that is so claimed 
 to have been incorrectly counted. 
 
 Section 24. No list, tally paper, or certificate returned from 
 any election, shall be set aside or rejected for want? of form, if 
 it can be satisfactorily understood. The board of directors must 
 meet at its usual place of meeting on the first Monday after 
 each election to canvass the returns. If, at the time of meeting, 
 the returns from each precinct in the district in which the polls 
 were opened have been received, the board of directors must 
 then and there proceed to canvass the returns ; but if all the 
 returns have not been received, the canvass must be postponed 
 from day to da}" until all the returns have been received, or 
 until six postponements have been had. The canvass must be 
 made in public and by opening the returns and estimating the 
 vote of the district for each person voted for, and declaring 
 the result thereof. 
 
 Section 25. The secretary of the board of directors must, 
 as soon as the result is declared, enter in the records of such 
 board a statement of such result, which statement must show : 
 (a) The whole number of votes cast in the district, and in each 
 division of the district ; (b) the names of the persons voted for ; 
 
 (c) the office to fill which each person was voted for; (d) the 
 number of votes given in each precinct to each of such persons ; 
 (e) the number of votes given in each division for the office of 
 director, and the number of votes given in the district for the 
 
IRRIGATION ACT OF 1897 
 
 13 
 
 offices of assessor, collector, and . treasurer. The board of 
 directors must declare elected the persons having the highest 
 number of votes given for each office. The secretary must 
 immediately make out and deliver to such person a certificate 
 of election, signed by him, and authenticated with the seal of 
 the board. 
 
 In case of a vacancy in the office of assessor, collector, or 
 treasurer, the vacancy shalt be filled by appointment of the 
 board of directors ; provided, that if said board of. directors 
 shall neglect or refuse to make such appointment within a period 
 of forty days, then the board of supervisors of the county 
 wherein the pffice of said board of directors is situated shall 
 make such appointment. In case of a vacancy in the office of 
 director, the vacancy shall be filled by appointment by the 
 board of supervisors of the county where the office of such 
 board of directors is situated, from the division in which the 
 vacancy occurred. An officer appointed as above provided shall 
 hold his office until the next regular election for said district, 
 and until his successor is elected and qualified. 
 
 Section 26. A director shall be a resident and freeholder 
 of the irrigation district, but not necessarily of the division for 
 which he is elected. 
 
 Section 27. The board of directors may, in its discretion, 
 consolidate any two or more of the offices of assessor, collector, 
 and treasurer. The order of consolidation must be made at 
 least tihrty days prior to general election of the district, and 
 shall take effect at the next succeeding election ; provided, that 
 the board of directors may, at least thirty days before a general 
 election of the district, where the offices have been consolidated, 
 segregate the same, each office to be filled at such election. 
 
 Section 28. In any district the board of directors thereof 
 may, upon a presentation of the petition therefor, by a majority 
 of the holders of title, or evidence of title, of said district, 
 evidenced as above provided, order that on and after the next 
 ensuing general election for the district, there shall be either 
 three or five directors, as said board may order, and they shall 
 be elected by the district at large, or by divisions^ as so peti- 
 tioned and ordered ; and after such order such directors shall 
 be so elected. 
 
 Section 28^2, relative to the recall of officers, is found 
 at page 135, statutes of 1911, special session. It is of doubtful 
 constitutionality and is, therefore, omitted. 
 
 Title to and Sale of Property. 
 
 Section 2.9. The legal title to all property acquired under 
 the provisions of this act shall immediately and by operation of 
 law vest in such irrigation district, and shall be held by such 
 district, in trust for, and is hereby dedicated and set apart to 
 the uses and purposes set forth in this act. And said board is 
 hereby authorized and empowered to hold, use, acquire, manage, 
 occupy and possess said property, as herein provided. The 
 board of directors may determine by resolution duly entered 
 upon their minutes that any property, real or personal, held by 
 such irrigation district is no longer necessary to be retained 
 for the uses and purposes thereof, and may thereafter sell such 
 property; and a conveyance of any property held by an irriga- 
 tion district, executed by the president and secretary thereof, in 
 accordance with a resolution of the board of directors of each 
 district, when sold for a valuable consideration, shall convey 
 good title to the property so conveyed. 
 
14 
 
 IRRIGATION ACT OF 1897 
 
 Issuance of Bonds. 
 
 S^LCtion 30. For the purpose of constructing necessary irri- 
 gating canals and works, and acquiring the necessary property 
 and rights therefor, and for the purpose of acquiring waters, 
 water rights and other property necessary for the purposes of 
 said district, and otherwise carrying out the provisions of this 
 act, the board of directors of any such district must, as soon 
 after such district has been organized as may be practicable, 
 and also whenever thereafter the construction fund has been 
 exhausted by expenditures herein authorized therefrom and it 
 is necessary to raise additional money for said purposes, estimate 
 and determine the amount of money necessary -to be raised. 
 For the purpose of ascertaining the amount of money necessary 
 to be raised for such purposes, or any of them, said board shall 
 cause such surveys, examinations, drawings and plans to be 
 made as shall furnish the proper basis for the said estimate. 
 All such surveys, examinations, drawings and plans, and the 
 estimate of cost based thereon shall be made under the direction 
 of a competent irrigation engineer and shall be certified by him. 
 Said board shall then submit a copy of the said engineer’s report 
 to the state engineer, who shall forthwith proceed to examine 
 said report and any data in his possession or in the possession 
 of the district and to make such additional surveys and examina- 
 tion as he may deem proper or practicable, and within ninety 
 days from the time of receiving said copy of said report shall 
 make to the board of directors of said district a report, which 
 shall contain such matters as in the judgment of the state 
 engineer may be desirable ; provided, that it shall state his 
 conclusions as to the supply of water available for the use of the 
 district and the feasibility of the project for which the proposed 
 bonds are to be issued. After receiving said report, said board 
 of directors, if it shall be convinced and shall declare by resolu- 
 tion that the supply of water available for the use of the district 
 is sufficient for the project for which the proposed bonds are 
 to be issued, if said issue, or any part thereof, is to be used 
 for the acquisition or construction of irrigation works, and that 
 the said project is feasible, shall make an order determining the 
 amount of bonds that should be issued in order to raise the 
 amount of rfioney needed for the purpose or purposes for which 
 said bonds are desired. And thereafter said board, when peti- 
 tioned by a majority of the holders of title, or evidence of 
 title, and of possessory rights to lands within the district, 
 such holders of title, or evidence of title, and of such pos- 
 sessory rights, representing a majority in value of sa 
 lands according to the equalized assessment roll of the dis- 
 trict, if such has theretofore been made, and, if such has 
 not been made, then according to the equalized county assess- 
 ment roll covering the lands in such district, shall immediately 
 call a special election, at which shall be submitted to the 
 electors of such district, possessing the qualifications prescribed 
 by this act, the question whether or not the bonds of said 
 district in the amount as set forth in said petition shall be 
 issued. Notice of such election must be given by posting 
 notices in three public places in each election precinct in said 
 district for at least twenty days and also by publication of such 
 notice in some newspaper published in the county where the 
 office of the board of directors of such district is required to 
 be kept, once a week for at least three successive weeks. Such 
 notices must specify the time of holding the election, the amount 
 of bonds proposed to be issued ; and said election must be 
 held and the result thereof determined and declared in all 
 respects as nearly as practicable in conformity with the provi- 
 sions of this act governing the election of officers ; provided. 
 
IRRIGATION ACT OF 1897 
 
 15 
 
 that no informalities in conducting such an election shall invali- 
 date the same if the election shall have been otherwise fairly 
 conducted. At said election questions as to the issuance of 
 bonds may be submitted separately on the same , ballot if esti- 
 mates of the cost of the respective projects have been made 
 and the state engineer has reported thereon and the aforesaid 
 petition has requested that said questions be so submitted and 
 the respective propositions have been stated in the notices of 
 the election. At such election the ballots shall contain a state- 
 ment of the proposition or propositions to be voted on, including 
 the amount of bonds proposed to be issued for each purpose. 
 Each proposition shall be followed by the words “Yes” and 
 “No,” on separate lines, with a small enclosed space after 
 each of said words. The electors shall vote for or against any 
 proposition by stamping a cross ( X ) in the voting space after 
 the word “Yes” or “No” respectively. On the ballot shall be 
 printed the following under the heading “Instructions to voters” : 
 “To vote for a proposition, stamp a cross (X) in the voting 
 space after the word ‘Yes’ following the proposition. To vote 
 against a proposition, stamp a cross ( X ) in the voting space 
 after the word ‘No’ following the proposition.” If a majority 
 of the votes cast for and against any proposition are for “Yes,” 
 the board of directors shall cause bonds in the amount specified 
 in such proposition to be issued ; if a majority of the votes 
 cast for and against any proposition are for “No,” the result 
 of the vote on such proposition shall be so declared and entered 
 of record. Whenever thereafter a petition of the character 
 hereinbefore provided for in this section is presented to the 
 board, it shall so declare of record in its minutes and shall 
 thereupon submit such questions to said electors in the same 
 manner and with like effect as at such previous election. (1913.) 
 
 Section 31. All bonds issued under the provisions of this 
 act shall be payable in gold coin of the United States, in twenty 
 series, as follows, to-wit : At the expiration of twenty-one years 
 from the date of any issue of said bonds, two per centum of 
 the whole amount of such issue ; at the expiration of twenty-two 
 years from said date, two per centum of the whole amount of 
 such issue ; at the expiration of twenty-three years from said 
 date, three per centum of the whole amount of such issue ; at 
 the expiration of twenty-four years from said date, three per 
 centum of the whole amount of such issue ; at the expiration 
 of twenty-five years from said date, four per centum of the 
 whole amount of such issue ; at the expiration of twenty-six 
 years from said date, four per centum of the whole amount of 
 such issue ; at the expiration of twenty-seven years from said 
 date, four per centum of the whole amount of such issue ; at the 
 expiration of twenty-eight years from said date, four per centum 
 of the whole amount of such issue ; at the expiration of twenty- 
 nine years from said date, five per centum of the whole amount 
 of such issue ; at the expiration of thirty years from said date, 
 five per centum of the whole amount of such issue ; at the 
 expiration of thirty-one years from said date, five per centum 
 of the whole amount of such issue ; at the expiration of thirty- 
 two years from said date, five per centum of the whole amount 
 of such issue ; at the expiration of thirty-three years from said 
 date, six per centum of the whole amount of such issue ; at the 
 expiration of thirty-four years from said date, six per centum 
 of the whole amount of such issue ; at the expiration of thirty- 
 five years from said date, six per centum of the whole amount 
 of such issue ; at the expiration of thirty-six years from said 
 date, six per centum of the whole amount of such issue ; at the 
 expiration of thirty-seven years from said date, seven per centum 
 of the whole amount of such issue ; at the expiration of thirty- 
 
16 
 
 IRRIGATION ACT OF 1897 
 
 eight years from said date, seven per centum of the whole 
 amount of such issue ; at the expiration of thirty-nine years 
 from said date, eight per centum of the whole amount of such 
 issue; at the expiration of forty years from said date, eight 
 per centum of the whole amount of such issue ; provided, that 
 the bonds of any issue may be made payable at the end of 
 shorter periods than are specified herein and the number of 
 series in any issue may be less than twenty, if the number of 
 series in the proposed issue and the proposed periods at the end 
 of which the respective series shall be payable are specified in 
 the petition and in the notices of the election provided for in 
 section 30 of this act. While the foregoing several enumerated 
 percentages are of the entire amount of the bond issue, each 
 bond must be made paj’^able at a given time for its entire amount 
 and not for a percentage. The date of issue of any bond 
 authorized under this act shall be deemed to be the apparent 
 date of issue of the .said bonds appearing upon the face thereof, 
 which date shall be subsequent to the date of the bond election 
 authorizing said bonds and prior to the date of actual delivery 
 of said bonds to the purchasers thereof. Said bonds shall bear 
 interest at a rate to be determined by the board of directors of 
 the district issuing, them, but not exceeding six per cent per 
 annum payable semi-annually on the first day of January and 
 the first day of July of each year. Principal and interest shall 
 be payable at the place designated therein. Said bonds shall 
 be each of the denomination of not less than one hundred dollars 
 nor more than one thousand dollars, as the board of directors 
 may determine ; shall be negotiable in form, signed by the 
 president and secretary of said board of directors, and the seal 
 of the board shall be affixed thereto. Each issue shall be num- 
 bered consecutively as issued, and bonds of each issue shall 
 be numbered consecutively and bear date at the time of their 
 issue. Coupons for the interest shall be attached to each bond, 
 signed by the secretary. Said bonds shall express on their face 
 that they were issued by authority of this act, stating its title 
 and date of approval, and also stating the number of the issue 
 of which such bonds are a part. The secretary shall keep a 
 record of the bonds sold, their number, the date of sale, the 
 price received and the name of the purchaser. The provision 
 of this section defining what shall constitute the date of issue 
 of bonds shall apply to any and all bonds issued in pursuance 
 of this act. (1913.) 
 
 Section 32. The board may sell said bonds from time to 
 time in such quantities as may be necessary and most advan- 
 tageous to raise money for the construction of said canals and 
 works, the acquisition of said property and rights, or the acquisi- 
 tion of any water or water rights, and otherwise to fully carry 
 out the objects and purposes of this act. Before making any 
 sale the board shall, at a meeting, by resolution,, declare its 
 intention to sell a specified amount of the bonds, and the 
 day and hour and place of such sale, and shall cause such 
 resolution to be entered in the minutes, and notice of the sale 
 to be given, by publication thereof at least three weeks in some 
 newspaper published in the county where the office of the board 
 of directors is located and in any other newspaper at its 
 discretion. The notice shall state that sealed proposals will be 
 received by the board at their office, for the purchase of bonds, 
 till the day and hour named in the resolution. At the time 
 appointed the board shall open the proposals and award the 
 purchase of the bonds or any portion or portions thereof to 
 the highest responsible bidder or bidders; provided, however, 
 that they may reject any or all bids. (1913.) 
 
 Section 32j^2- If any irrigation district bonds have been 
 
IRRIGATION ACT OF 1897 
 
 17 
 
 authorized before the time when this section shall go into effect 
 but have not been sold and the board of directors of said 
 district deems it desirable that said board be authorized to sell 
 said bonds for less than the par palue thereof, said board may 
 call a special election to submit to the voters of the district 
 said proposition. Such election shall be held and notice thereof 
 shall be given in the same manner as is provided in the case of 
 special elections to authorize the issuance of bonds in irrigation 
 districts. The proposition shall be stated in substantially the 
 
 following form: “Shall the board of directors of 
 
 (insert the name) irrigation district be authorized to sell bonds 
 of the district for less than the pwar value thereof?” followed by 
 the words ,‘Yes” and “No,” as provided in section 30 hereof. 
 If at least two-thirds of the legal votes cast at such election 
 are for “Yes,” then the board of directors may sell any bonds 
 authorized by said district before this section shall take effect 
 to the highest responsible bidder or bidders, as is provided in 
 the foregoing section. If less than two-thirds of the legal votes 
 cast at such election shall be for “Yes,” the result shall be 
 entered of record. (1913.) 
 
 Section 33. Said bonds, and the interest thereon, shall be 
 paid by revenue derived from an annual assessment upon the 
 real property of the district ; and all the real property in the 
 district shall be and remain liable to be assessed for such pay- 
 ments as hereinafter provided. 
 
 Section 34. In case the money raised by the sale of bonds 
 issued be insufficient, or in case the bonds be unavailable for the 
 completion of the plan of canal and works adopted, and the 
 acquisition of the necessary property, w'aters and water rights 
 therefor, and additional bonds be not voted, it shall be the duty 
 of the board of directors to provide for the completion of said 
 plan, and the acquisition of such necessary property, waters and 
 water rights, by levy of assessments therefor ; provided, how- 
 ever, that such levy of assessments shall not be made except 
 first an estimate of the amount required for such purposes has 
 been made by said board, and the question as to the making of 
 said ievy submitted to a vote of the electors of the district. 
 Before such question is submitted, the order of submission shall 
 be entered in the minutes of the board, stating the amount to 
 be levied and the purpose therefor, and if submitted at a special 
 election, said order shall, in addition, fix the day of election. 
 Notice of such election must be given by posting notices in 
 three public places in each election precinct in said district for 
 at least twenty days, and also by publication of such notice in 
 some newspaper published in the county where the office of the 
 board of directors of such district is required to be kept once a 
 week for at least three successive weeks. Such notices must 
 specify the time of holding the election, and the amount of 
 assessment proposed to be levied. Said election must be held 
 and the result thereof determined and declared in all respects as 
 nearly as practicable in conformity with the provisions of this 
 act governing the election of officers ; provided, that no 
 informalities in conducting such an election shall invalidate the 
 same, if the election shall have been otherwise fairly conducted. 
 At such election the ballots shall contain the words “Assess- 
 ment — Yes” or “Assessment — No,” or words equivalent thereto. 
 If a majority of the votes cast are “Assessment — Yes,” the 
 board of directors shall cause an assessment in the amount 
 named in the order of submission to be levied ; if a majority 
 of the votes cast are “Assessment — No,” the result of such 
 election shall be so declared and entered of record. 
 
18 
 
 IRRIGATION ACT OF 1897 
 
 Duties of the Assessor. 
 
 Section 35. The assessor must, between the first Monday in 
 March and the first Monday in June, in each year, assess all 
 real estate in the district, to the persons who own, claim or 
 have possession or control thereof, at its full cash value, as 
 follows : He must prepare an assessment book, with appropriate 
 headings, in which must be listed all such property within the 
 district, in which must be specified, in separate columns, under 
 the appropriate head: (1) the name of the person to whom the 
 property is assessed. If the name is not known to the assessor, 
 the property shall be assessed to “unknown owners” ; (2) land 
 
 by township, range, section o» fractional section, and when such 
 land is not a congressional division or subdivision, by metes and 
 bonds, or other . description sufficient to identify it, giving an 
 estimate of the number of acres and locality; (3) city and town 
 lots, . naming the city or town, and the number and block, 
 according to the system of numbering in such city or town ; 
 
 (4) the cash value of real estate, other than city or town lots; 
 
 (5) the cash value of city and town lots; (6) the total value 
 of all property assessed; (7) the total value of all property 
 after equalization by the board of directors; (8) such other 
 things as the board of directors may require. Improvements on 
 any lands or town lots within such district, shall be exempt from 
 taxation for any of the purposes mentioned in this act. Any 
 property which may have escaped the payment of any assess- 
 ment for any year, shall, in addition to the assessment for the 
 then current year, be assessed for such year with the same effect 
 and with the same penalties as are provided for in such current 
 year. (The term improvements as used in this section includes 
 trees, vines, alfalfa and all growing crops and all buildings and 
 structuers of whatever class, or description erected or being 
 erected upon said lands or city or town lots.) Provided, that 
 the provisions of this section relating to the exemption of 
 improvements on any lands or town lots situated within the 
 district shall be exempt from taxation, shall not apply in any 
 district now organized unless said provision shall be approved 
 by a vote of a majority of the resident holders of title to lands 
 situated within the district and subject to taxation therein at a 
 special election called for the purpose of making said provision 
 herein applicable. 
 
 Section 36. The board of directors must allow the assessor 
 as many deputies, to be appointed by him, as will, in the judg- 
 ment of the board, enable him to complete the assessment 
 within the time herein prescribed. The board must fix the 
 compensation of such deputies, which shall be paid out of the 
 treasury of the district. The compensation must not exceed five 
 dollars per day for each deputy, for the time actually engaged, 
 nor must any allowance be made but for work done between the 
 first Monday in March and the first Monday in August in 
 each year. 
 
 Section 37. On or before the first Monday in August in 
 each year, the assessor must complete his assessment book, and 
 deliver it to the secretary of the board, who must immediately 
 give notice thereof, and of the time the board of directors, acting 
 as a board of equalization, will meet to equalize assessments, by 
 publication in a newspaper published in each of the counties 
 comprising the district. The time fixed for the meeting shall 
 not be less than twenty nor more than thirty days from the 
 first publication of the notice ; and in the meantime the assess- 
 ment book must remain in the office of the secretary for the 
 inspection of all persons interested. 
 
IRRIGATION ACT OF 1897 
 
 19 
 
 Equalization of Assessment. 
 
 Section 38. Upon the day specified in the notice required 
 by the preceding section for the meeting, the board of directors, 
 which is hereby constituted a board of equalization for that 
 purpose, shall meet and continue in session from time to time, 
 as long as may be necessary, not to exceed ten days, exclusive 
 of Sundays, to hear and determine such objections to the valua- 
 tion and assessment as may come before them ; and the board 
 may change the valuation as may be just. The secretary of the 
 board shall be present during its sessions, and note all changes 
 made in the valuation of property, and in the names of persons 
 whose property is assessed ; and within ten days after the close 
 of the session he shall have the total values, as finally equalized 
 by the board, extended into columns and added. 
 
 Levy of and Collection of Assessments. 
 
 Section 39. The board of directors shall then, within fifteen 
 days after the close of its session as a board of equalization, 
 levy an assessment sufficient to raise the annual interest on the 
 outstanding bonds, and in any year in which any bond shall fall 
 due must increase such assessment to an amount sufficient to 
 raise a sum sufficient to pay the principal of the outstanding 
 bonds as they mature ; also, sufficient to pay in full all sums 
 due, or that shall become due from the district, before the time 
 for levying the next annual assessment, on account of rentals 
 or charges for lands, water or water rights acquired by said 
 district under lease or contract ; also, sufficient to pay in full the 
 amount of any other contract or obligation of the district which 
 shall have been reduced to judgment. The secretary of the 
 board must compute and enter in a separate column of the 
 assessment book the respective sums in dollars and cents to be 
 paid as an assessment on the property therein enumerated. 
 When collected, the assessment shall be paid into the district 
 treasurj'^ and be apportioned to the several proper funds. In 
 case of the neglect or refusal of the board of directors to cause 
 such assessment and levies to be made as in this act provided, 
 then the duly equalized assessment made by the county assessor 
 of the county or each of the respective counties in which the 
 district is situated shall be the basis of assessment for the 
 district, and the board of supervisors of the county in which the 
 office of the board of directors of said district is situated shall 
 cause an assessment roll of said district to be prepared, and 
 shall make the levy required by this act, in the same manner 
 and with like effect as if the same had been made by said board 
 of directors and all expenses incident thereto shall be borne by 
 such district and may be collected by suit at law, which shall 
 be commenced by the district attorney of the county whose 
 board of supervisors caused said assessment roll to be prepared, 
 unless the amount of such expenses shall be paid within sixty 
 days from the time when proper demand shall have been made 
 therefor. In case of the neglect or refusal of the collector or 
 treasurer of any irrigation district to perform the duties 
 imposed by law, then the tax collector and the treasurer of the 
 county in which the office of the board of directors of such 
 district is situated must respectively perform such duties and 
 shall be accountable therefor upon their official bonds ; but, in 
 case any county tax collector shall collect any assessment for 
 any irrigation district, he shall pay the same to the county 
 treasurer, who shall place such money in a special fund to the 
 credit of the district and shall disburse the same to the proper 
 persons for the purposes for which such assessrnents have been 
 levied and shall not pay any part thereof to the treasurer of said 
 
20 
 
 IRRIGATION ACT OF 1897 
 
 district until said county treasurer shall be satisfied that all of 
 the valid obligations for which such assessments were levied and 
 for which payment has been demanded have been paid. It shall 
 be the duty of the district attorney of each county in which the 
 office of any irrigation district is located to ascertain each year 
 whether the duties relating to the levying and collection of 
 assessments, as in this act provided, have been performed, and, 
 if he shall learn that the board of directors or any official of 
 any such irrigation district has neglected or refused to perform 
 any such duty, said district attorney shall so notify the board 
 of supervisors or the county official required by this act to 
 perform such duty in such case, and, unless such board of 
 supervisors or such county official shall proceed to the perform- 
 ance of such duty within thirty days after the receipt of such 
 notice, the district attorney shall take such action in court as 
 may be necessary to compel the performance of such duty, 
 and said district attorney shall give such notice to other officials, 
 and shall take such action, as may be necessary to secure the 
 performance in their proper sequence of the other duties relating 
 to the levying and collection of assessments, as in this act 
 provided ; provided, that for the enforcement of the levying 
 and collection of any assessment hereafter required to be 
 levied and collected for the payment of any debt hereafter 
 incurred, in case complaint shall be made to the attorney 
 general of the state of California that the district attorney of 
 any county has not performed any duty devolving upon him by 
 the provisions of this section, or that he is not proceeding with 
 due diligence or in the proper manner in the performance of 
 any such duty, the attorney general shall make an investigation, 
 and if it shall be found that such charge or charges are true, 
 said attorney general shall take such measures aS may be neces- 
 sary to enforce the performance of the duties relating to the 
 levying and collection of assessments, as in this act provided. 
 In case, as the result of the neglect or refusal of any official 
 or officials to perform any duty relating to the levying and 
 collection of assessments, as in this act provided, it shall be 
 impossible for such duty to be performed within the time 
 required and such duty shall subsequently be performed, then 
 the time within which all duties consequent upon the perform- 
 ance of such duty shall be performed shall be extended so as to 
 allow the elapsing of the intervals required by this act to elapse 
 between the performance of such duties, and the assessments 
 herein provided for shall not become delinquent for at least 
 thirty days after the first publication of the notice that such 
 assessments are due and payable, as provided in section 41 of 
 this act. In the event any land within said district subject 
 to assessment for the purposes of the district has not been 
 assessed by the county assessor or does not appear upon the 
 county assessment roll adopted by said board of supervisors as 
 the basis of assessment for the district, the land so omitted 
 belonging to any person, association, corporation, or munici- 
 pality shall be forthwith assessed by the county assessor upon 
 an order of the board of supervisors and a description of the 
 property so omitted shall be written in the roll prepared for the 
 purpose of district assessments. In such case, before any assess- 
 ment is levied, the board of supervisors must meet and equalize 
 said assessment with that of the assessment of other lands in 
 said district. The same notice shall be given by the board of 
 supervisors of such meeting for the purpose of equalizing the 
 assessment to be .made as herein directed as is provided in this 
 act to be given by the board of directors of an irrigation district 
 when the said board is to meet for the purpose of equalizing 
 assessments. All the powers and duties respecting the collection 
 of all assessments on possession of, claim to, or rights to the 
 
IRRIGATION ACT OF 1897 
 
 21 
 
 possession of land now provided in sections 3820, 3821, 3822, 
 3823, 3824, 3825 and 3829 of the Political Code, as regards 
 county assessors shall apply, so far as applicable, to irrigation 
 district assessors. (1913.) 
 
 Section 40. The assessment upon real property is a lien 
 against the property assessed from and after the first Monday 
 in March for any year, and the lien for the bonds of any issue 
 shall be a preferred lien to that for any subsequent issue, and 
 such lien is not removed until the assessments are paid, or the 
 property sold for the payment thereof. 
 
 Section 41. On or before the first day of November, the 
 secretary must deliver the assessment book to the collector of 
 the district, who shall within twenty days publish a notice in a 
 newspaper published in each county in which any portion of 
 the district may lie, that said assessments are due and payable 
 and will become delinquent at six o’clock p. m. on the last 
 Monday of December next thereafter, and that unless paid prior 
 thereto ten per cent will be added to the amount thereof, and 
 also the time and place at which payment of assessments may be 
 made, which notice shall be published for the period of two 
 weeks. The collector must attend at the time and place specified 
 in the notice to receive assessments, which must be paid in gold 
 and silver coin ; he must mark the date of payment of any 
 assessment in the assessment book, opposite the name of the 
 person paying, and give a receipt to such person, specifying the 
 amount of the assessment and the amount paid, with the descrip- 
 tion of the property assessed. On the last Monday in December 
 at six o’clock p. m. of each year, all unpaid assessments are 
 delinquent and thereafter the collector must collect thereon, for 
 the use of the district, an addition of ten per cent. (1913.) 
 
 Publication of Delinquent Notice. 
 
 Section 42. On or before the first day of February, the 
 collector must publish the delinquent list, which must contain 
 the names of the persons and a description of the property 
 delinquent, and the amount of the assessments and costs due 
 opposite each name and description. He must append to and 
 publish with the delinquent list a notice that, unless the assess- 
 ments delinquent, together with costs and percentage, are paid, 
 the real property upon which such assessments are a lien will 
 be sold at public auction. The publication must be made once 
 a week for three successive weeks, in a newspaper published 
 in the county in which the property delinquent is situated ; 
 provided, that if any property assessed to the same person or 
 corporation shall lie in more than one county, then such publica- 
 tion may be made in any county in which any portion of such 
 property may lie. The publication must designate the time and 
 place of sale. The time of sale must not be less than twenty-one 
 nor more than twenty-eight days from the first publication, and 
 the place must be at some point designated by the collector, 
 within the district ; provided, however, that if there should 
 occur any error in the publication of the sale of the delinquent 
 property, which might invalidate a sale made thereunder, and 
 such error is discovered prior to the sale thereunder the 
 collector shall at once republish the sale of the property affected 
 by such error, making such republication conform to the provi- 
 sions of this law, and the time of sale designated in such 
 republication must not be less than twenty-one nor more than 
 twenty-eight days from the first republication ; and the place 
 of sale must be at some point designated by the collector 
 within the district, and stated in such republication. 
 
22 
 
 IRRIGATION ACT OF 1897 
 
 Sale for Delinquent Assessments. 
 
 Section 43. The collector must collect, in addition to the 
 assessments due on the delinquent list, and ten per cent added, 
 fifty cents on each lot, piece or tract of land separately assessed. 
 On the day fixed for the sale, or some subsequent day to which 
 he may have postponed it, of which he must give notice, the 
 collector, between the hours of ten a. m. and three o’clock 
 p. m., must commence the sale of the property advertised, com- 
 mencing at the head of the list and continuing alphabetically, 
 or in the numerical order of the lots or blocks, until completed. 
 He may postpone the day of commencing the sales, or the sale, 
 from day to day, but the sale must be completed within three 
 weeks from the day first fixed ; provided, that if any sale or 
 sales shall be stayed by legal proceedings, the time of the con- 
 tinuance of such proceedings is not part of the time limited 
 for making such sale or sales ; and provided further, that in 
 any district where the validity of any assessment shall be in 
 litigation at the time this act shall take effect, the sale of any 
 property, whether it be involved in such liigation or not, may 
 be postponed for a time not to exceed four months. (1913.) 
 
 Section 44. The owner or person in possession of any real 
 estate offered for sale for assessments due thereon may designate, 
 in writing, to the collector, prior to the sale, ^hat portion of the 
 property he wishes sold, if less than the whole ; but if the 
 owner or possessor does not, then the collector may designate 
 it and the person who will take the least quantity of the land, 
 or in case an undivided interest is assessed, then the smallest 
 portion of the interest, and pay the assessments and costs due, 
 including two dollars for the duplicate certificate of sale, is the 
 purchaser. If the purchaser does not pay the assessments and 
 costs before ten o’clock a. m. the following day, the property on 
 the next sale day must be resold for the assessments and costs. 
 But in case there is no purchaser in good faith for the same on 
 the first day that the property is offered for sale, then, when 
 the property is offered thereafter for sale, and there is no pur- 
 chaser in good faith for the same, the whole amount of the 
 property assessed shall be struck off to the irrigation district 
 within which such lands are situated, as the purchaser, and the 
 duplicate certificate delivered to the treasurer of the district, 
 and filed b:/ him in his office. No charge shall be made for 
 the duplicate certificate where the district is the purchaser, and, 
 in such case, the collector shall make an entry “Sold to the 
 District,” and he shall be credited with the amount thereof in 
 his settlement. An irrigation district as a purchaser at such 
 sale, shall be entitled to the same rights as a private purchaser, 
 and the title so acquired by the district, subject to the right of 
 redemption herein provided, may be conveyed by deed, executed 
 and acknowledged by the president and secretary of said board ; 
 provided, that authority to so convey must be conferred by 
 resolution of the board entered on its minutes, fixing the price 
 at which such sale may be made, and such conveyance shall 
 not be made for a less sum than the reasonable market value 
 of such propertj\ 
 
 Section 45. After receiving the amount of assessments and 
 costs, the collector must make out in duplicate a certificate, 
 dated on the day of sale, stating (when known) the name of 
 the person assessed, a description of the land sold, the amount 
 paid therefor, that it was sold for assessments, giving the 
 amount and year of the assessment, and specifying the time 
 when the purchaser will be entitled to a deed. The certificate 
 must be signed by the collector, and one copy delivered to the 
 
IRRIGATION ACT OF 1897 
 
 23 
 
 purchaser, and the other filed in the office of the county recorder 
 of the county in which the land is situated. 
 
 Section 46. The collector, before delivering any certificate, 
 must, in a book enter a description of the land sold, corre- 
 sponding with the description in the certificate, the date of the 
 sale, purchasers’ names, and amount paid, regularly number the 
 description on the margin of the book, and put a corresponding 
 number on each certificate. Such book must be open to public 
 inspection, without fee, during office hours, when not in actual 
 use. On filing the certificate with such county recorder, the 
 lien of the assessments vests with the purchaser, and is only 
 divested by the payment to him, or to the collector for his use, 
 of the purchase money, and two per cent per month from the 
 day of sale until redemption. 
 
 Redemption of Property Sold for Delinquent Assessments. 
 
 Section 47. A redemption of the property sold may be 
 made by the owner, or any party in interest, within five years 
 from the date of purchase, or at any time thereafter before a 
 deed has been made and delivered. Redemption must be made 
 in gold or silver coin, as provided for the collection of state and 
 county taxes, and when made to the collector he must credit 
 the amount paid to the person named in the certificate, and 
 pay it, on demand, to the person or his assignees. In each 
 report the collector makes to the board of directors, he must 
 name the person entitled to redemption money, and the amount 
 due each. On receiving the certificate of sale, the county 
 recorder must file it and make an entry in a book similar to 
 that required of the collector. On the presentation of the 
 receipt of the person named in the certificate, or of the collector 
 for his use, of the total amount of the redemption money, the 
 recorder must mark the word “redeemed,” the date, and by 
 whom redeemed, on the certificate and on the margin of the 
 book where the entry of the certificate is made. If the property 
 is not redeemed within the time herein provided, the collector, 
 or his successor in office, upon demand, must make to the pur- 
 chaser, or his assignee, a deed of the property, reciting in the 
 deed substantially the matters contained in the certificate, and 
 that no person redeemed the prctperty during the time allowed 
 by law for its redemption ; provided, that where property has 
 been sold to the district it may be redeemed as herein provided, 
 at any time before the district has disposed of the same. The 
 collector shall receive from the purchaser, for the use of the 
 district, two dollars for making such deed. 
 
 Section 47 The five-year period herein prescribed for 
 the redemption of properties sold for delinquent taxes shall not 
 operate as a bar to the dissolution of any irrigation district. 
 If any land has been sold for delinquent taxes of a district 
 in process of dissolution, or in a district which has been dis- 
 solved and the time allowed for redemption has not expired, the 
 owner of such property or any one in interest may redeem the 
 same by paying the amount due thereon, computed as provided 
 in section 46 of this act, to the county treasurer, who must 
 issue his receipt therefor, and upon the presentation of such 
 receipt the county recorder must cancel the certificate of sale 
 in the manner required in the preceding section. 
 
 In the event any land has been sold for non-payment of 
 taxes as herein provided, and no redemption has been made 
 within five years from the date of purchase in any district 
 which may have been dissolved before the expiration of said 
 redemption period, then a deed for the property sold and 
 
24 
 
 IRRIGATION ACT OF 1897 
 
 described in the certificate of sale must be made to the pur- 
 chaser upon demand by the county treasurer of the county in 
 which said irrigation district is or was situated. Such deed 
 shall contain all the recitals of the certificate of sale, and in 
 addition thereto, a recital that the district has been dissolved 
 and a deed exectued in pursuance of the authority given by this 
 section, A deed so executed shall have the same force and 
 effect as if executed by the collector of an irrigation district. 
 
 Section 48. The matter recited in the certificate of sale 
 must be recited in the deed, and such deed duly acknowledged 
 or proved is prima facie evidence that: (a) The property was 
 assessed as required by law ; (b) the property was equalized 
 as required by law ; (c) that the assessments were levied in 
 accordance with law; (d) the assessments were not paid; 
 (e) at a proper time and place the property was sold as pre- 
 scribed by law, and by the proper officer; (f) the property was 
 
 not redeemed; (g) the person who executed the deed was the 
 proper officer. 
 
 Such deed duly acknowledged or proved is (except as 
 against actual fraud) conchisive evidence of the regularity of 
 
 all the proceedings from the assessment by the assessor, inclu- 
 sive, up to the execution of the deed. The deed conveys to 
 the grantee the absolute title to the lands described therein 
 free of all incumbrances, except when the land is owned by the 
 United States, or this state, in which case it is prima facie 
 
 evidence of the right of possession. 
 
 Section 49. The assessment book or delinquent list, or a 
 copy thereof, certified by the collector, showing unpaid assess- 
 ments against any person, or property, is prima facie evidence 
 of the assessment, the property assessed, the delinquency, the 
 amount of assessments due and unpaid, and that all the forms 
 of the law in relation to the assessment and levy of such assess- 
 ments have been complied with. 
 
 Section 50, When land is sold for assessments correctly 
 imposed, as the property of a particular person, no misnomer of 
 the owner, or supposed owner, or other mistake relating to the 
 ownership thereof, affects the sale, or renders it void, or voidable. 
 
 Section 51. On the first Monday in each month, tlie col- 
 lector must settle with the secretary of the board for alT moneys 
 collected for assessments, and pay the same over to the 
 treasurer ; and within six days thereafter he must deliver to 
 and file in the office of the secretary a statement under oath, 
 showing: (a) An account of all his transactions and receipts 
 since his last settlement ; (b) that all money collected by him 
 
 as collector has been paid. The collector shall also file in the 
 office of the secretary, on said first Monday in each month, the 
 receipt of the treasurer for the money so paid. 
 
 Redemption of Bonds and Payment of Interest. 
 
 Section 52. Upon the presentation of the coupons due, to 
 the treasurer, he shall pay the same from the bond fund. When- 
 ever said fund shall amount to the sum of ten thousand dollars 
 in excess of an amount sufficient to meet the interest coupons 
 due, the board of directors may direct the treasurer to pay such 
 an amount of said bonds not due as the money in said fund 
 will redeem, at the lowest value at which they may be offered 
 for liquidation, after advertising in the manner hereinbefore 
 provided for the sale of bonds, for sealed proposals for the 
 redemption of said bonds. Said proposals shall be opened by 
 
IRRIGATION ACT OF 1897 
 
 25 
 
 the board in open meeting, at a time to be named in the notice, 
 and the lowest bid for said bonds must be accepted ; provided, 
 that no bond shall be redeemed at a rate above par. In case 
 the bids are equal, the lowest numbered bond shall have the 
 preference. In case none of the holders of said bonds shall 
 desire to have the same redeemed, as herein provided for, said 
 money shall be invested by the treasurer, under direction of the 
 board, in Unitd States bonds, or the bonds of the state, which 
 shall be kept in said “bond fund,” and may be used to redeern 
 said district bonds whenever the holders thereof may desire. 
 
 Construction of Works. 
 
 Section 53. After adopting a plan for such canal or canals, 
 storage reservoirs, and works, as in this act provided for, the 
 board of directors shall give notice, by publication thereof not 
 less than twenty days in one newspaper published in each of 
 the counties composing the district (provided, a newspaper is 
 published therein), and in such other newspapers as they may 
 deem advisable, calling for bids for the construction of such 
 work, or of any portion thereof ; if less than the whole work 
 is advertised, then the portion so advertised must be particularly 
 described in such notice. Said notice shall set forth that plans 
 and specifications can be seen at the office of the board, and 
 that the board will receive sealed proposals therefor, and that 
 the contract will be let to the lowest responsible bidder, stating 
 the time and place for opening said proposals, which, at the 
 time and place appointed, shall be opened in public ; and as 
 soon as convenient thereafter the board shall let said work, 
 either in portions or as a whole, to the lowest responsible 
 bidder; or they may reject any or all bids and readvertise for 
 proposals, or may proceed to construct the work under their 
 own superintendence. Contracts for the purchase of material 
 shall be a’\^arded to the lowest responsible bidder. Any person 
 or persons to whom a contract may be awarded shall enter into 
 a bond, with good and sufficient sureties, to be approved by 
 the board, payable to said district for its use, for twenty-five 
 per cent of the amount of the contract price, conditioned for the 
 faithful performance of said contract. The work shall be done 
 under the direction and to the satisfaction of the engineer, and 
 be approved by the board. 
 
 .Section 54. No claim shall be paid by the treasurer until 
 allowed by the board, and only upon a warrant signed by the 
 president, and countersigned by the secretary ; provided, that 
 the board may draw, from time to time, from the construction 
 fund, and deposit in the county treasury of the county where 
 the office of the board is situated any sum in excess of the 
 sum of twenty-five thousand dollars. The county treasurer of 
 said county is hereby authorized and required to receive and 
 receipt for the same, and place the same to the credit of said 
 district, and he shall be responsible upon his official bond for 
 the safe-keeping and disbursement of the same, as in this act 
 provided. He shall pay out the same, or any portion thereof, 
 to the treasurer of the district only, and only upon the order of 
 the board, signed by the president, and attested by the secretary. 
 The said county treasurer shall report, in writing, on the second 
 Monday in each month, the amount of money in the county 
 treasury, the amount of receipts for the month preceding and 
 the amount or amounts paid out ; said report shall be verified 
 and filed with the secretary of the board. The district treasurer 
 shall also report to the board, in writing, on the first Monday 
 in each month, the amount of money in the district treasury, 
 the amount of receipts for the month preceding, and the amount 
 
26 
 
 IRRIGATION ACT OF 1897 
 
 and items of expenditures, and said report shall be verified and 
 filed with the secretary of the board. 
 
 Section 54^. During the construction of any work to be 
 paid for out of the proceeds of the sale of any bonds of any 
 irrigation district within this state, the secretary of the board 
 of directors shall, within one week after each regular meeting 
 of said board, forward to the state engineer copies of all 
 reports made to said board as to the progress of said work and 
 a statement of the amounts paid for the doing of any part of said 
 work. Immediately after the publication of the statement of 
 the financial condition of any irrigation district within this 
 state, required by section 14 of this act to be made annually, 
 the board of directors of said district shall cause a copy of 
 said statement and a report stating the general condition of any 
 works constructed or acquired by said district and whether 
 or not the plan of irrigation adopted by the district is being 
 successfully carried out and any other matters which the board 
 may deem proper, to be forwarded .to the state engineer, who 
 shall examine said statement and report and make to said 
 board such recommendations and comments as he may deem 
 proper. The state engineer may at any time make or cause 
 to be made an examination of the affairs of any irrigation 
 district within this state or call upon the authorities of such 
 district for such information as he may desire and make such 
 report thereon as he may deem advisable. (1913.) 
 
 Tolls and Charges. 
 
 Section 55. The cost and expense of purchasing and acquir- 
 ing property and constructing the works and improvements 
 herein provided for, shall be wholly paid out of the construction 
 fund ; provided, however, that when any lands, waters, water 
 rights or other property shall be acquired by the district by any 
 lease or contract, under the terms of which the consideration or 
 rental shall be payable in such installments that a like amount 
 shall be payable in each year of the life of such lease or 
 contract, then such rental or consideration shall be paid out 
 of the funds derived from the levying of annual assessments, 
 or from the collection of rates, tolls and charges fixed and 
 collected as hereinafter provided for. For the purpose of 
 defraying the expenses of the organization of the district, and 
 of the care, operation, management, repair and improvement of 
 such portions of such canal and works as are completed and 
 in use, including salaries of officers and employes, and install- 
 ments of rental or consideration accruing under any lease or 
 contract as hereinabove in this section mentioned, the board 
 may in lieu (either in part, or in whole) of levying assessments 
 as herein provided for, fix rates of toll and charges, for irriga- 
 tion and other public uses declared by this act and collect the 
 same from all persons using said canal for irrigation and other 
 purposes. 
 
 Section 56. The board of directors shall have power to 
 construct the said works across any stream of water, water- 
 course, street, avenue, highway, railway, canal, ditch, or flume 
 which the route of said canal or canals may intersect or cross, 
 in such manner as to afford security for life and property ; but 
 said board shall restore, the same, when so crossed or inter- 
 sected, to its former state as near as may be, or in a sufficient 
 manner not to have impaired unnecessarily its usefulness ; and 
 every company whose railroad shall be intersected or crossed 
 by said works shall unite with said board in forming said 
 intersections and crossings, and grant the privileges aforesaid; 
 
IRRIGATION ACT OF 1897 
 
 27 
 
 and if such railroad company and said board, or the owners 
 and controllers of the said property, thing, or franchise so to 
 be crossed, cannot agree upon the amount to be paid therefor, 
 or the points or the manner of said crossings or intersections, 
 the same shall be ascertained and determined in all respects as 
 is herein provided in respect to the taking of land. The right 
 of way is hereby given, dedicated, and set apart, to locate, 
 construct, and maintain said works over and through any of 
 the lands which are now or may be the property of this state ; 
 and also there is given, dedicated, and set apart, for the uses 
 and purposes aforesaid, all waters and water rights belonging 
 to this state within the district. 
 
 Governing Directors. 
 
 Section 57. The directors, when sitting as a board, or 
 acting under the orders of the board, shall each receive not to 
 exceed four dollars per day and ten cents per mile for each 
 mile actually traveled from his place of residence to the office 
 of the board, and actual and necessary expenses paid while 
 engaged in official business under the order of the board. The 
 board shall fix the compensation to be paid to all officers named 
 in this act. to be paid out of the treasury of the district ; 
 provided, that said board shall, upon the petition of at least 
 fifty, or a majority of the freeholders within such district, 
 therefor, submit to the electors at any general election a 
 schedule of salaries and fees to be paid hereunder. Such 
 petition must be presented to the board not less than twenty 
 days nor more than forty days prior to a general election, and 
 the result of such election shall be determined and declared in 
 all respects as other elections are determined and declared 
 under this act. 
 
 Section 58. No director or any other officer named in this 
 act shall in any manner be interested, directly or indirectly, 
 in any contract awarded or to be awarded by the board, or in 
 the profits to be derived therefrom ; and for any violation of 
 this provision, such officer shall be deemed guilty of a mis- 
 demeanor, and such conviction shall work a forfeiture of his 
 office, and he shall be punished by a fine not exceeding five 
 hundred dollars, or by imprisonment in the county jail not 
 exceeding six months, or by both such fine and imprisonment. 
 
 Special Assessments. 
 
 Section 59. The board of directors may, at any time, when 
 in their judgment it may be deemed advisable, call a special 
 election and submit to the qualified electors of the district the 
 question whether or not a special assessment shall be levied 
 for the purpose of raising money to be applied to any of the 
 purposes provided in this act. Such election must be called 
 upon the notice prescribed, and the same shall be held and the 
 result thereof determined and declared in all respects in con- 
 formity with the provisions of section 30 of this act. The 
 notice must specify the amount of money proposed to be raised 
 and the purpose for which it is intended to be used. At such 
 elections the ballots shall contain the words “Assessment — Yes” 
 or “Assessment — No.” If two-thirds or more of the votes 
 cast are “Assessment- — Yes,” the board shall, at the time of 
 the annual levy hereunder, levy an assessment sufficient to raise 
 the amount voted ; provided, however, that an assessment of 
 not to exceed two per centum of the value of the assessable 
 property within the district may be levied in any one year 
 without such vote by the adoption of a resolution by at least 
 
28 
 
 IRRIGATION ACT OF 1897 
 
 four-fifths of the members of the board of directors, such 
 amount not, however, to exceed the sum of seventy-five thousand 
 ($75,000) dollars; provided, further, that if a petition signed 
 by qualified voters in the district equal in number to fifteen 
 per centum of the votes cast at the last preceding general 
 election in such district, shall, within thirty days after the 
 board shall by resolution have provided for the levying of such 
 assessment, be filed with such board petitioning that an election 
 relative to the levying of such assessment be held, such assess- 
 ment shall not be levied without the election provided for in 
 this section; provided, further, however, that in case of an 
 unexpected emergency by which the flow of water in the canal 
 is interrupted, the amount of the indebtedness incurred in the 
 repair of the works of said district, caused by such interruption, 
 not to exceed in any one year forty thousand ($40,000) dollars, 
 may also, in addition to the assessments hereinbefore provided 
 for, be levied by the adoption of a resolution by at least four- 
 fifths of the members of the board of directors, at the time of 
 the levying of the annual assessment provided for in this act, 
 without the submission of the question of such levy to a vote, 
 as in this section hereinbefore provided. 
 
 Rate of Assessment. 
 
 Section 60. The rate of assessments levied under the pro- 
 visions of this act shall be ascertained by deducting fifteen per 
 cent for anticipated delinquencies from the aggregate assessed 
 value of the property in the district as it appears on the assess- 
 ment roll for the current year, and then dividing the sum voted 
 by the remainder of such aggregate assessed value. The assess- 
 ment so levied shall be computed and entered on the assessment 
 roll by the secretary of the board, and collected at the same 
 time and in the same manner as other assessments provided for 
 herein ; and when collected shall be paid into the district 
 treasury for the purposes specified in the notice of such special 
 election. 
 
 Incurring Indebtedness. 
 
 Section 61. The board of directors or other officers of the 
 district shall have no power to incur any debt or liability 
 whatever, either by issuing bonds or otherwise, in excess of 
 the express provisions of this act ; and any debt or liability 
 incurred in excess of such express provisions shall be and 
 remain absolutely void, except that for the purposes of organi- 
 zation, or for any of the purposes of this act, the board o.f 
 directors may, before the collection of the first assessment, 
 incur indebtedness in such sum or sums as shall amount to two 
 thousand dollars, or, if the district shall contain more than 
 four thousand acres, to one-half as many dollars as there are 
 acres of land in the district, and may cause warrants of the 
 district to be issued therefor, bearing interest at seven per cent 
 per annum ; provided, however, that in no case shall the total 
 amount of warrants authorized in this section exceed fifty 
 thousand ($50,000) dollars, and all such warrants must be 
 made payable not later than the first day of January after the 
 first assessment shall be levied in the district issuing such 
 warrants ; and provided further, that nothing contained in this 
 section shall be construed as limiting the right of the board to 
 enter into any contract or lease for any lands, waters, water 
 rights or other property, as in this act provided for, and by 
 such lease or contract to bind the district for the payment of 
 the rental or consideration specified in such lease or contract ; 
 and provided, further, that any warrant of the district payable 
 on demand, if presented to the treasurer for payment when 
 
IRRIGATION ACT OF 1897 
 
 29 
 
 funds are not available for the payment thereof, shall thereafter 
 draw interest at the rate of five per cent per annum until public 
 notice is given that such" funds are available. Upon the 
 presentation of any such warrant for payment when funds of 
 the district are not available to pay the same, the treasurer of 
 the district shall indorse thereon the words, “Funds not avail- 
 able for payment,” with the date of presentation, and shall sign 
 his name thereto. He shall keep a record, showing the number 
 and amount of each such warrant, the date of its issuance, the 
 person in whose favor it was issued and the date of its presenta- 
 tion for payment. Whenever there is sufficient money in the 
 treasury to pay all such outstanding warrants, or whenever the 
 board of directors shall order that all such warrants presented 
 for payment prior to a certain date be paid and there is suffi- 
 cient money available for such payments, the treasurer shall 
 give notice in some newspaper published in the district, or, if 
 none is published therein, then in some newspaper published in 
 the county in which the district or any portion thereof is 
 situated, or, if none is published in such county, then the 
 treasurer shall post such notice conspicuously in the place in 
 which the board of directors of the district holds its regular 
 meetings, stating that he is prepared to pay all warrants of the 
 district for the payment of which funds were not available upon 
 their original presentation, or all such warrants which were 
 presented for payment prior to the date fixed by the board of 
 directors, as the case may be, and no further description of the 
 warrants entitled to payment shall be made in such notice. 
 Upon the presentation of any warrant entitled to payment under 
 the terms of such notice, the treasurer shall pay it, together 
 with interest thereon at the rate of five per cent per annum 
 from the date of its original presentation for payment to the 
 date of the first publication or posting of the aforesaid notice, 
 and all warrants for the payment of which funds are declared 
 in said notice to be available shall cease to draw interest at 
 the time of the first publication or posting of said notice. The 
 treasurer shall enter in the record hereinbefore required to be 
 kept the dates of the payment of all such warrants, the names 
 of the persons to whom payments are made and the amount 
 paid to each person. (1913.) 
 
 Governing the Apportionment of Water. 
 
 Section 62. In case the volume of water in any stream 
 or river shall not. be sufficient to supply the continual wants of 
 the entire country through which it passes, and susceptible of 
 irrigation therefrom, then it shall be the duty of the water 
 commissioners, constituted as' hereinafter provided, to apportion, 
 in a just and equitable proportion, a certain amount of said 
 water upon certain or alternate weekly days to different locali- 
 ties, as they may, in their judgment, think best for the interest 
 of all parties concerned, and with due regard to the legal and 
 equitable rights of all. Said water commissioners shall consist 
 of the chairman of the board of directors of each of the districts 
 affected. 
 
 Section 63. It shall be the duty of the board of directors 
 to keep the water flowing through the ditches under their control 
 to the full capacity of such ditches in times of high water. 
 
 Section 64. Navigation shall never in anywise be impaired 
 by the operation of this act, nor shall any vested interest in 
 or to any mining water rights or ditches, or in or to any water 
 or water .rights, or reservoirs or dams now used by the owners 
 or possessors thereof in connection with any mining industry, 
 or by persons purchasing or renting the use thereof, or in or 
 
30 
 
 IRRIGATION ACT OF 1897 
 
 to any other property now used, directly or indirectly, in 
 carrying on or promoting the mining industry, ever be affected 
 by or taken under its provisions, save and except that rights of 
 way may be acquired over the same. 
 
 Section 65. Nothing herein contained shall be deemed to 
 authorize any person cr persons to divert the waters of any 
 river, creek, stream, canal, cr ditch from its channel, to the 
 detriment of any person or persons having any interest in such 
 river, creek, stream, canal, or ditch, or the waters therein, unless 
 previous compensation be ascertained and paid therefor, under 
 the laws of this state authorizing the taking of private property 
 for public uses. 
 
 Exemption from Taxation — Creation of Funds. 
 
 Section 66. The rights of way, ditches, flumes, pipe-lines, 
 dams, water rights, reservoirs, and other property of like 
 character, belonging to any irrigation district, shall not be 
 taxed for state and county or municipal purposes. 
 
 Section 67. The following funds are hereby created and 
 established, to which the moneys properly belonging shall be 
 apporioned, to-wit : Bond Fund, Construction Fund, General 
 Fund. 
 
 Confirmation Proceedings. 
 
 Section 68. The board of directors may, at any time after 
 the issue of any bonds or the levy of any assessment herein 
 provided for, bring an action in the superior court of the county 
 wherein is located the office of such board, to determine the 
 validity of any such bonds or such levy of assessments; such 
 action shall be in the nature of a proceeding in rem, and 
 jurisdiction of all parties interested may be had by publication 
 of summons for at least once a week for three weeks in some 
 paper of general circulation published in the county where the 
 action is pending, such paper to be designated by the court 
 having jurisdiction of the proceedings. Jurisdiction shall be 
 complete within ten days after the full publication of such 
 summons in the manner herein provided. Anyone interested 
 may at any time before the expiration of said ten days appear 
 and by proper proceedings contest the validity of such bonds 
 or assessments. Such action shall be speedily tried and judg- 
 ment rendered declaring such matter so contested either valid 
 or invalid. Either party may have the right to appeal to the 
 supreme court at any time within thirty days after the rendition 
 of such judgment, which appeal must be heard and determined 
 within three months from the time of taking such appeal. 
 
 Section 69. If no such proceeding shall have been brought 
 by the board of directors, then, at any time within thirty days 
 after the levy of any assessment or issue of any bonds under the 
 provisions of this act, any district assessment-payer may bring 
 an action in the superior court of the county where the office of 
 the board of directors is located, to determine the validity of any 
 such assessment or such bonds. The board of directors shall be 
 made parties defendant, and service of summons shall be made 
 on the members of the board personally. Said board shall have 
 the right to appear and contest such action. Such action shall 
 be speedily tried, with the right of appeal to either party, within 
 the time and manner herein provided for the bringing of actions 
 by the board to determine such matters. Such appeal shall be 
 heard and determined in the manner and within the time therein 
 provided. 
 
IRRIGATION ACT OF 1897 
 
 31 
 
 Section 70. If more than one action shall be pending at 
 the same time concerning similar contests in this act provided 
 for, they shall be consolidated and tried together. 
 
 Section 71. The court hearing any of the contests herein 
 provided for, in inquiring into the regularity, legality, or 
 correctness of such proceedings, must disregard any error, 
 irregularity, or omission which does not affect the substantial 
 rights of the parties to said action or proceeding. The rules 
 of pleading and practice provided by the code of civil procedure, 
 which are not inconsistent with the provisions of this act, are 
 applicable to all actions or proceedings herein provided for. 
 The motion for a new trial of any such action or proceeding 
 must be heard and determined within ten days from the filing 
 of the notice of intention. The costs on any hearing or contest 
 herein provided for, may be allowed and apportioned between 
 the parties, or taxed to the losing party, in the discretion of 
 the court. 
 
 Section 72. No contest of anything or matter herein pro- 
 vided shall be made other than within the time and manner 
 herein specified. 
 
 Section 73. For any willful violation of any express duty 
 herein provided for, on the part of any officer herein named, he 
 shall be liable upon his official bond, and be subject to removal 
 from office, by proceedings brought in the superior court of the 
 county wherein the office of the board of directors of the district 
 is located, by any assessment-payer of the district. 
 
 Exclusion of Lands. 
 
 Section 74. The boundaries of any irrigation district now 
 organized or hereafter organized under the provisions of this 
 act, may be changed,' and tracts of land which were included 
 within the boundaries of such district at or after its organization 
 under the provisions of said act, may be excluded therefrom, 
 in the manner herein prescribed ; but neither such change of 
 the boundaries of the districts nor such exclusion of lands from 
 the district shall impair or affect its organization, or its right 
 in or to property, or any of its rights or privileges of whatever 
 kind or nature ; nor shall it affect, impair, or discharge any 
 contract, obligation, lien, or charge for or upon which said 
 district was and may become liable or chargeable, had such 
 change of its boundaries not been made, or had not such land 
 been excluded from the district. 
 
 Section 75. The owner or owners in fee of one or more 
 tracts of land which constitute a portion of an irrigation district 
 may jointly or severally file with the board of directors of the 
 district a petition, praying that such tract or tracts, and any 
 oher tracts contiguous thereto, may be excluded and taken 
 from said district. The petition shall state the grounds and 
 reasons upon which it is claimed that such lands should be 
 excluded, and shall describe the boundaries thereof, and also 
 the lands of such petitioner or petitioners which are included 
 within such boundaries ; but the description of such lands 
 need not be more particular or certain than is required when the 
 lands are entered in the assessment book by the county^ assessor. 
 Such petition must be acknowledged in the same manner and 
 form as is required in the case of conveyance of land, and the 
 acknowledgment shall have the same force and effect as evidence 
 as the acknowledgment of such a conveyance. 
 
 Section 76. The secretary of the board of directors shall 
 cause a notice of the filing of such petition to be published for 
 
32 
 
 IRRIGATION ACT OF 1897 
 
 at least two weeks in some newspaper published in the county 
 where the office of the board of directors is situated, and if 
 any portion of such territory to be excluded lie within another 
 county or counties, then said notice shall be so published in a 
 newspaper published within each of said counties ; or if no 
 newspaper be published therein, then by posting such notice for 
 the same time in at least three public places in said district, 
 and in case of the posting of said notices one of said notices 
 must be so posted on the lands proposed to be excluded. The 
 notiec shall state the filing of such petition, the names of the 
 petitioners, a description of the lands mentioned in said petition, 
 and the prayer of said petition ; and it shall notify all persons 
 interested in, or who may be affected by such change of the 
 boundaries of the district, to appear at the office of said board 
 at a time named in said notice, and show cause, in writing, if 
 any they have, why the change of boundaries of said district, 
 as proposed in such petition, should not be made. The time 
 to be specified in the notice at which they shall be required 
 to show cause shall be the regular meeting of the board next 
 after the expiration of the time for the publication of the notice. 
 
 Section 77. The board of directors, at the time and place 
 mentioned in the notice, or at the time or times to which the 
 hearing of said petiion may be adjourned, shall proceed to hear 
 the petition, and all evidence or proofs that may or shall be 
 introduced by or on behalf of the petitioner or petitioners, and 
 all objections to such petition that may or shall be presented 
 in writing by any person showing cause as aforesaid, and all 
 evidence and proofs that may be introduced in support of such 
 objections. Such evidence shall be taken down in shorthand, 
 and a record made thereof and filed with the board. The failure 
 of any person interested in said district, other than the holders 
 of bonds thereof outstanding at the time of the filing of said 
 petition with said board, to show cause, in writing, why the 
 tract or tracts of lands mentioned in said petkion should not 
 be excluded from said district, shall be deemed- and taken as 
 an assent by him to the exclusion of such tract or tracts of land, 
 or any part thereof from said district ; and the filing of such 
 petition with said board, as aforesaid, shall be deemed and taken 
 as an assent by each and all of such petitioners to the exclusion 
 from such district of the lands mentioned in the petition, or any 
 part thereof. The expenses of giving said notice and of the 
 aforesaid proceeding shall be paid by the person or persons 
 filing such petition. 
 
 Section 78. If, upon the hearing of any such petition, no 
 evidence or proofs in support thereof be introduced, or if the 
 evidence fail to sustain said petition, or if the board deem it 
 not for the best interests of the district that the lands, or some 
 portion thereof, mentioned in the petition, should be excluded 
 from the district, the board shall order that said petition be 
 denied as to such lands ; but if the said board deem it for the 
 best interest of the district that the lands mentioned in the 
 petition, or some portion thereof, be excluded from the district, 
 and if no person interested in the district show cause in writing 
 why the said lands, or some portion thereof, should not be 
 excluded from the district, or if, having shown cause, withdraws 
 the same, or upon the hearing fails to establish such objections 
 as he may have made, then it shall be the duty of the board 
 to, and it shall forthwith, make an order that the lands men- 
 tioned and described in the petition, or some defined portion 
 thereof, be excluded from said district ; provided, that it shall 
 be the duty of said board to so order, upon petition therefor 
 as aforesaid, that all lands so petitioned to be excluded from said 
 
IRRIGATION ACT OF 1897 
 
 33 
 
 district shall be excluded therefrom, which can not be irrigated 
 from, or which are not susceptible to, or would not, by reason 
 of being permanently devoted to uses other than agricultural, 
 horticultural, viticultural or grazing, be directly benefited by, 
 the actual irrigation of same from a common source or by the 
 same system of works with the other lands of said district, 
 or from the source selected, chosen, or provided, or the system 
 adopted for the irrigation of the lands in said district, or which 
 are already irrigated, or entitled to be irrigated, from another 
 source or by another system of irrigation works ; provided, 
 that no land irrigated by means of water, pumped from an 
 underground source or sources shall be entitled to exclusion 
 from any irrigation district on account of being so irrigated, if 
 it shall be shown that such land, is or will be substantially 
 benefited by subirrigation from the works of said district or 
 by drainage works provided or required by law to be provided 
 by said district, but no owner of land in any irrigation district 
 shall be required to pay any assessment, except for the payment 
 of interest and principal due on bonds of the district, on any 
 land in such district which, when the district was organized, 
 was irrigated by means of water pumped from an underground 
 source or sources and has continued each year to be irrigated 
 exclusively by such means. (1913.) 
 
 Section 79. If there be outstanding bonds of the district at 
 the time of the filing of said petition, the holders of such out- 
 standing bonds may give their assent, in writing, to the effect 
 that they severally consent that the lands mentioned in the 
 petition, or such portion thereof as may be excluded from said 
 district by order of said board, or the decree of the superior 
 court as hereinafter provided, may be excluded from the district; 
 and if said lands, or any portion thereof, be thereafter excluded 
 from the district, the lands so excluded shall be released from 
 the lien of such outstanding bonds. The assent must be 
 acknowledged by the several holders of such bonds in the same 
 manner and form as is required in case of a conveyance of land, 
 and the acknowledgment shall have the same force and effect as 
 evidence as the acknowledgment of such conveyance. The 
 assent shall be filed with the board, and must be recorded in 
 the minutes of the board ; and said minutes, or a copy thereof, 
 certified by the secretary of said board, shall be admissible in 
 evidence, with the same effect as the said assent, and such 
 certified copy thereof may be recorded in the office of the county 
 recorder of the county wherein said lands are situated. 
 
 Section 80. In the event that said board of directors shall 
 exclude any lands from said district upon petition therefor, it 
 shall be the duty of the board of directors to make an entry 
 in the minutes of the board, describing the boundaries of the 
 district, should the exclusion of said land from said district 
 change the boundaries of said district, and for that purpose the 
 board may cause a survey to be made of such portions of the 
 district as the board may deem necessary ; and a certified copy 
 of the entry in the minutes of the board excluding any land, 
 certified by the president and secretary of the board, shall be 
 filed for record in the recorder’s office of each county within 
 which are situated any of the lands of the district ; but said 
 district, notwithstanding such exclusion, shall be and remain 
 an irrigation district as fully, to every intent and purpose, as it 
 would be had no change been made in the boundaries of the 
 district, or had the lands excluded therefrom never constituted 
 a portion of the district. 
 
 Section 81. If the lands excluded from any district under 
 this act shall embrace the greater portion of any division or 
 
34 
 
 IRRIGATION ACT OF 1897 
 
 divisions of such district, then the office of director for such 
 division or divisions shall become and be vacant at the expira- 
 tion of ten days from the final order of the board excluding 
 said lands ; and such vacancy or vacancies shall be filled by 
 appointment by the board of supervisors of the county where 
 the office of such board is situated, from the district at large. 
 A director appointed as above provided, shall hold his office 
 until the next regular election for said district, and until his 
 successor is elected and qualified. 
 
 Section 82. At least thirty days before the next general 
 election of such district, the board of directors thereof shall 
 mafe an order dividing said district into three or five divisions, 
 as the case may require, as nearly equal in size as may be 
 practicable, which shall be numbered first, second, third, and so 
 on, and one director shall be elected by each division. For the 
 purposes of elections in such district, the said board of directors 
 must establish a convenient number of election precincts, and 
 define the boundaries thereof, which said precincts may be 
 changed from time to time, as the board of directors may 
 deem necessary. 
 
 Section 83. A guardian and executor, or an administrator 
 of an estate, who is appointed as such under the laws of this 
 state, and who, as such guardian, executor, or administrator, is 
 entitled to the possession of the lands belonging to the estate 
 which he represents, may, on behalf of his ward, or the estate 
 which he represents, upon being thereto properly authorized by 
 the proper court, sign and acknowledge the petition in this act 
 mentioned, and may show - cause, as in this act provided, why 
 the boundaries of the district should not be changed. 
 
 Section 84. Nothing in this act provided shall, in any 
 manner, operate to release any of the lands so excluded from 
 the district from any obligation to pay,’ or any lien thereon, of 
 any valid outstanding bonds or other indebtedness of said dis- 
 trict at the time of the filing of said petition for the exclusion 
 of said lands, but upon the contrary, said lands shall be held 
 subject to said lien, and answerable and chargeable for and 
 with the payment and discharge of all of said outstanding obliga- 
 tions at the time of the filing of the petition for the exclusion 
 of said land, as fully as though said petition for such exclusion 
 were never filed and said order or decree of exclusion never 
 made ; and for the purpose of discharging such outstanding 
 indebtedness, said lands so excluded shall be deemed and con- 
 sidered as part of said irrigation district the same as though 
 said petition for its exclusion had never been filed or said order 
 or decree of exclusion never made ; and all provisions which 
 may have been resorted to to compel the payment by said 
 lands of its quota or portion of said outstanding obligations, 
 had said exclusion never been accomplished, may, notwithstand- 
 ing said exclusion, be resorted to to compel and enforce the 
 payment on the part of said lands of its quota and portion of 
 said outstanding obligation of said irrigation district for which 
 it is liable, as herein provided. But said land so excluded shall 
 not be held answerable or chargeable for any obligation of any 
 nature or kind whatever, incurred after the filing with the board 
 of directors of said disrict of the petition for the exclusion of 
 said lands from the said district; provided, that the provisions 
 of this section shall not apply to any outstanding bonds, the 
 holders of which have assented to the exclusion of such lands 
 from said district, as herein provided. 
 
 Inclusion of Lands. 
 
 Section 85. The boundaries of any irrigation district now 
 
IRRIGATION ACT OF 1897 
 
 35 
 
 organized or hereafter organized under the provisions of this 
 act may be changed in the manner herein prescribed ; but such 
 change of the boundaries of the district shall not impair or 
 affect its organization, or its rights in or to property, or any 
 of its rights or privileges of whatsoever kind or nature ; nor 
 shall it affect, impair, or discharge any contract, obligation, 
 
 lien, or charge for or upon which it was or might become 
 
 liable or chargeable, had such change of its boundaries not 
 been made. 
 
 Section 86. The holder or holders of title, or evidence of 
 title, representing one-half or more of any body of lands adja- 
 cent to the boundary of an irrigation district, which are 
 
 contiguous, and which, taken together, constitute one tract of 
 land, may file with the board of directors oi said district a 
 petition, in writing, praying that the boundaries of said district 
 may be so changed as to include therein said lands. The 
 
 petition shall describe the boundaries of said parcel or tract of 
 land, and shall also describe the boundaries of the several 
 parcels owned by the petitioners, if the petitioners be the 
 owners, respectively, of distinct parcels, but such descriptions 
 need not be more particular than they are required to be when 
 such lands are entered by the county assessor in the assessment 
 book. Such petition must contain the assent of the petitioners 
 to the inclusion within said district of the parcels or tracts of 
 land described in the petition, and of which said petition alleges 
 they are, respectively, the owners ; and it must be acknowledged 
 in the same manner that conveyances of land are required to 
 be acknowledged. 
 
 Section 87. The secretary of the board of directors shall 
 cause a notice of the filing of such petition to be given and 
 published in the same manner and for the same time that notices 
 of special elections for the issue of bonds are required by this 
 act to be published. The notice shall state the filing of such 
 petition and the names of the petitioners, a description of the 
 lands mentioned in said petition, and the prayer of said petition ; 
 and it shall notify all persons interested in, or that may be 
 affected by such change of the boundaries of the district, to 
 appear at the office of said board, at a time named in said 
 notice, and show cause in writing, if any they have, why the 
 change in the boundaries of said district, as proposed in said 
 petition, should not be made. The time to be specified in the 
 notice at which they shall be required to show cause shall be 
 the regular meeting of the board next after the expiration of 
 the time for the publication of the notice. The petitioners shall 
 advance to the secretary sufficient money to pay the estimated 
 costs of all proceedings under this act. 
 
 Section 88. The board of directors, at the time and place 
 mentioned in the said notice, or at such other time or times 
 to which the hearing of said petition may be adjourned, shall 
 proceed to hear the petition, and all the objections thereto, 
 presented in writing by any person showing cause as aforesaid, 
 why said proposed change of the boundaries of the district 
 ^ should not be made. The failure by any person interested in 
 said district, or in the matter of the proposed change of its 
 boundaries, to show cause, in writing, as aforesaid, shall be 
 deemed and taken as an assent on his part to a change of the 
 boundaries of the district as prayed for in said petition, or to 
 such a change thereof as will include a part of said lands. And 
 the filing of such petition with said board, as aforesaid, shall 
 be deemed and taken as an assent on the part of each and all of 
 such petitioners to such a change of said boundaries that they 
 
36 
 
 IRRIGATION ACT OF 1897 
 
 may include the whole or any portion of the lands described 
 in said petition. 
 
 Section 89. The board of directors to whom such petition 
 is presented, may require, as a condition precedent to the 
 granting of the same, that the petitioners shall severally pay to 
 such district such respective sums, as nearly as the same can 
 be estimated (the several amounts to be determined by the 
 board), as said petitioners or their grantors would have been 
 required to pay to such district as assessments, had such lands 
 been included in such district at the time the same was origi- 
 nally formed. 
 
 Section 90. The board of directors, if they deem it not for 
 the best interests of the district that a change of its boundaries 
 be so made as to include therein the lands mentioned in the 
 petition, shall order that the petition be rejected. But if they 
 deem it for the best interests of the district, that the boundaries 
 of said district be changed, and if no person interested in said 
 district or the proposed change of its. boundaries shows cause, 
 in writing, why the proposed change should not be made, or if, 
 having shown cause, withdraws the same, the board may order 
 that the boundaries of the district be so changed as to include 
 therein the lands mentioned in said petition or some part 
 thereof. The order shall describe the boundaries as changed, 
 and shall also describe the entire boundaries of the district as 
 they will be after the change thereof as aforesaid is made ; and 
 for that purpose the board may cause a survey to be made of 
 such portions of such boundary as is deemed necessary. 
 
 Section 91. If any person interested in said district, or the 
 proposed change of its boundaries, shall show cause as -afore- 
 said why such boundaries should not be changed, and shall not 
 withdraw the same, and if the board of directors deem it for 
 the best interests of the district that the boundaries thereof be 
 so changed as to include therein the lands mentioned in the 
 petition, or some part thereof, the board shall adopt a resolution 
 to that effect. The resolution shall describe the exterior 
 boundaries of the lands which the board are of the opinion 
 should be included within the boundaries of the district when 
 changed. 
 
 Section 92. Upon the adoption of the resolution mentioned 
 in the last preceding section, the board shall order that an 
 election be held within said district, to determine whether the 
 boundaries of the district shall be changed as mentioned in said 
 resolution ; and shall fix the time at which such election shall 
 be held, and cause notice thereof to be given and published. 
 Such notice shall be given and published, and such election 
 shall be held and conducted, the returns thereof shall be made 
 and canvassed, and the result of the election ascertained and 
 declared, and all things pertaining thereto conducted in the 
 manner prescribed by said act in case of a special election to 
 determine whether bonds of an. irrigation district shall be issued. 
 The ballots cast at said election shall contain the words “For 
 change of boundary,” or “Against change of boundary,” or 
 words equivalent thereto. The notice of election shall describe 
 the proposed change of the boundaries in such manner and 
 terms that it can readily be traced. 
 
 Section 93. If at such election a majority of all the votes 
 cast at said election shall be against such change of the 
 boiuidaries of the district, the board shall order that said 
 petition be denied, and. shall proceed no further in that matter. 
 But if a majority of such votes be in favor of such change of 
 
IRRIGATION ACT OF 1897 
 
 37 
 
 the boundaries of the district, the board shall thereupon order 
 that the boundaries be changed in accordance with said resolu- 
 tion adopted by the board. The said order shall describe the 
 entire boundaries of said district, and for that purpose the 
 board may cause a survey of such portions thereof to be made 
 as the board may deem necessary. 
 
 Section 94. Upon a change of the boundaries of a district 
 being made, a copy of the order of the board of directors 
 ordering such change, certified by the president and secretary 
 of the board, shall be filed for record in the recorder’s office 
 of each county within which are situated any of the lands of 
 the district, and thereupon the district shall be and remain an 
 irrigation district as fully, and to every intent and purpose, as 
 if the lands which are included in the district by the. change of 
 boundaries, as aforesaid, had been included therein at the 
 original organization of the district. 
 
 Section 95. Upon the filing of the copies of the order, as 
 in the last preceding section mentioned, the secretary shall 
 record in the minutes of the board the petition aforesaid ; and 
 the said minutes, or certified copy thereof, shall be admissible 
 in evidence, with the same effect as the petition. 
 
 Sction 96. A guardian, an executor, or an administrator 
 of an estate, who is appointed as such under the laws of this 
 state, and who, as such guardian, executor, or administrator, 
 is entitled to the possession of the lands belonging to the 
 estate which he represents, may, on behalf of his ward, or the 
 estate which he represents, upon being thereunto authorized by 
 the proper court, sign and acknowledge the petition in this act 
 mentioned, and may show cause, as in this act mentioned, why 
 the boundaries of the district should not be changed. 
 
 Section 97. In case of the inclusion of any land within anj^ 
 district by proceeding under this act, the board of directors 
 must, at least thirty days prior to the next succeeding general 
 election," make an order redividing such district into three or 
 five divisions, as the case may require, as nearly equal in size 
 as may be practicable, which shall be numbered first, second, 
 third, and so on, and one directors shall thereafter be elected 
 by each division. For the purposes of elections, the board of 
 directors must establish a convenient number of election pre- 
 cincts in said districts, and define the boundaries thereof, which 
 said precincts may be changed from time to time, as the board 
 may deem necessary. 
 
 Reduction of Bonded Indebtedness. 
 
 Section 98. Whenever the board of directors of an irriga- 
 tion district heretofore organized, or hereafter organized under 
 the provisions of this act, shall determine that the authorized 
 bonded indebtedness of such irrigation district is greater than 
 such district is liable to need to complete its system as planned, 
 and there be no outstanding bonds, the board of directors may 
 call a special election for the purpose of voting upon a proposi- 
 tion to reduce such bonded indebtedness to such sum as the 
 board may determine to be sufficient for such purpose. 
 
 Section 99. Notice of the said election shall be given in 
 the same manner as provided in section 30 of said act, in 
 relation to calling special elections for issuance of bonds. The 
 notice of election must state the amount of the authorized 
 bonded indebtedness of such district, and the amount to which 
 it is proposed to reduce the same ; also, the date on which 
 
38 
 
 IRRIGATION ACT OF 1897 
 
 said election will be held, and the polling places, as established 
 by said board of directors. The ballots cast at said election 
 shall contain the words “For reducing bonds — Yes,” or “For 
 reducing bonds — No.” When the vote is canvassed by the 
 board of directors and entered of record, if a majority of the 
 votes cast shall be “For reducing bonds — Yes,” then in that 
 event the board of drectors shall only be empov/ered to issue 
 or sell such amount of bonds as was stipulated in the said notice 
 of such special election; but if a majority of votes are not 
 “For reducing bonds — Yes,” then the authority to issue bonds 
 shall remain the same as before said special election was held. 
 
 Section 99 >4. In case there be outstanding bonds of any 
 district desiring to take advantage of the provisions of this act 
 concerning reduction of bonded indebtedness, the assent of such 
 bondholders may be obtained to such reduction of the bonded 
 indebtedness, in the same manner as provided in section 79 of 
 this act. ' If such assent is obtained in the manner therein 
 provided, then, and in that event, such district shall be 
 empowered to take advantage of all the provisions of this act, 
 but not otherwise. No reduction of the bonded indebtedness, 
 as in this act provided, shall in any manner affect any order of 
 court that may have been made, adjudicating and confirming 
 the validiy of said bonds. 
 
 Lease of Water for Mechanical Purposes. 
 
 Section 100. Whenever any irrigation district, heretofore 
 organized, or hereafter organized under the provisions of this 
 act, in the development of its works as by law provided, may 
 have opportunity, without increased expenditure, to utilize the 
 water by it owned or controlled, for mechanical purposes not 
 inconsistent with the provisions of said act, the board of 
 directors may lease the same, as in this act hereinafer provided. 
 
 Section 101. Whenever the board of directors maj'- desire 
 to lease the use of water, as hereinbefore stated, they shall 
 pass a resolution of intention to so lease the same. Immediately 
 thereafter the secretary shall cause notice of such intention to 
 be given by publication in one newspaper published in each 
 county in which lands of the district are situated, for at least 
 twenty days (provided, a newspaper is published therein, other- 
 wise in any newspaper the board of directors may select), and, 
 if the board thinks proper, in such other newspaper as may be 
 deemed advisable, calling for bids for the leasing of said water 
 for the purposes hereinbefore mentioned. Said notice shall 
 state that the board will receive sealed proposals therefor, that 
 the lease will be let to the highest responsible bidder, stating 
 the time and place of opening said proposals. 
 
 Section 102. At the time and place appointed the board 
 shall proceed to open the proposals in public. As soon there- 
 after as may be convenient the board shall let said lease in 
 portions, or as a whole, to the highest responsible bidder, or 
 they may reject any and all bids, and readvertise for proposals 
 for the same. 
 
 Section 103. The rental accruing upon said lease may vary 
 from year to year, as shall be specified in said lease, and shall 
 be payable semi-annually, on the thirteenth day of December 
 and thirtieth day of June, of each year. All moneys collected, 
 as in this act provided, shall be paid into the treasury, and be 
 apportioned to such funds as may be deemed advisable. 
 
 Section 104. The board shall have power, as in this act 
 provided, to execute a lease for any period not exceeding 
 
IRRIGATION ACT OF 1897 
 
 39 
 
 twenty-five years. If at any time the rental shall not be 
 paid on the days hereinbefore mentioned, the amount of such 
 rental then due shall be doubled, and if not paid within ninety 
 days thereafter, the said lease shall be forfeited to said district, 
 together with any and all works constructed, owned, used, or 
 controlled by said lessee. 
 
 Section 105. Upon the letting of any lease, as in this act 
 provided, the board may require the lessee to exedute a bond 
 for the faithful performance of the covenants of said lease, or 
 give such other evidence of good faith as in their judgment 
 may be necessary. 
 
 Destruction of Unsold Bonds. 
 
 Section 106. Whenever there remains in the hands of the 
 board of directors of any irrigation district hereiofore organized, 
 or organized under the provisons of this act, after the comple- 
 tion of its ditch system, and the payment of all demands against 
 such district, any bonds voted to be issued by said district, but 
 not sold, and not necessary to be sold for the raising of funds 
 for the use of such district, said board of directors may call a 
 special election for the purpose of voting upon a proposition 
 to detsroy said unsold bonds, or so many of them as may be 
 deemed best, or may submit such proposition at a general 
 election. 
 
 Section 107. Such election shall be held in the same manner 
 as other elections held under the provisions of this act. A 
 notice of such election shall be given in the same manner as 
 provided in section 30 of this act in relation to calling special 
 elections for the issuance of bonds. The notice of election must 
 state the amount of the bonded indebtedness of such district 
 authorized by the vote of the district, the amount of the bonds 
 remaining unsold, and the amount proposed to be destroyed, 
 and the date on which such election is proposed to be held, and 
 the polling places as fixed by the board of directors. The 
 ballots to be cast at such election shall contain the words “For 
 destroying bonds — Yes,” and “For destroying bonds — No,” and 
 the voter must erase the word “No” in case he favors the 
 destruction of bonds, otherwise the word “Yes.” 
 
 Section 108. When the vote is canvassed by the board of 
 directors and entered of record, if a two-thirds majority of the 
 votes cast should be found to be in favor of the destruction of 
 said bonds, then the president of the board, in the presence of 
 the majority of the members of the board, must destroy the 
 bonds so voted to be destroyed ; and the total amount of bonds 
 so destroyed and canceled shall be deducted from the sum 
 authorized to be issued by the electors of said district, and no 
 part thereof shall thereafter be reprinted or reissued. 
 
 Saving Clauses. 
 
 Section 109. Nothing in this act shall be so construed as 
 to affect the validity of any district heretofore organized under 
 the laws of this state, or its rights in or to property, or any of 
 its rights or privileges of whatsoever kind or nature ; but said 
 districts are hereby made subject to the provisions of this act 
 so far as applicable ; nor shall it affect, impair, or discharge 
 any contract, obligation, lien, or charge for, or upon which it 
 was or might become liable or chargeable had not this act been 
 passed ; nor shall it affect the validity of any bonds which 
 have been issued but not sold ; nor shall it affect any action 
 which now may be pending. 
 
40 
 
 IRRIGATION ACT OF 1897 
 
 Section 110. Nothing in this act shall be construed as 
 repealing or in anywise modifying the provisions of any other 
 act relating to the subject of irrigation or water commissioners, 
 except such as may be contained in the act : An act entitled 
 an act to provide for the organization and government of irriga- 
 tion districts, and to provide for the acquisition of water and 
 other property, and for the distribution of water thereby for 
 irrigation purposes, approved March seventh, eighteen hun- 
 dred and eighty-seven, and the subsequent acts supplementary 
 thereto, and amendatory thereof, all of which acts, so far as 
 they be inconsistent herewith, are hereby repealed. 
 
ANALYSIS 
 
 The following is an analysis of the more important legisla- 
 tion, not included in the act of 1897, or the amendments thereto, 
 relative to irrigation districts and the securities thereof. 
 
 Assessments Payable in Two Installments. 
 
 Statutes of 1909, page 415. — This act authorizes boards of 
 directors to provide for the payment of irrigation assessments 
 in two installments. When such provision is made the install- 
 ments become delinquent the last Monday in December and the 
 last Monday in June, respectively. 
 
 Assessments levied in accordance with section 34 of the irri- 
 gation act can not be paid in two installments. 
 
 Agricultural Expert. 
 
 Statutes 1913, page 75, provide that irrigation directors may 
 employ agricultural experts. 
 
 Bonds of Irrigation Districts. 
 
 Statutes 1913, page 778. — This act provides: 
 
 First: A limitation upon the indebtedness of irrigation 
 districts. 
 
 Second: For an examination by a commission consisting of 
 the attorney general, the state engineer and the superintendent 
 of banks, of the bond issues of districts. 
 
 Third: For a written report of such investigation filed in 
 the office of the state controller. 
 
 Fourth: For a certificate by the state controller of such 
 examination. 
 
 Fifth: That the bonds so approved shall be legal invest- 
 ments for all trust funds and for the funds of all insurance 
 companies, banks, both commercial and savings, trust com- 
 panies, the state school funds and any funds which may be 
 invested in county, municipal or school district bonds, and that 
 such bonds may be deposited as security for the performance 
 of any act whenever the bonds of any county, city, city and 
 county or school district may be so deposited, and also that 
 ^ such bonds may be used as security for the deposit of public 
 ^ money in banks in California. 
 
 Irrigation Bonds as Security for the Deposit of Municipal 
 Moneys. 
 
 Statutes of 1913, page 607, provide that banks may borrow 
 county and municipal moneys and give as security therefor 
 irrigation bonds. 
 
42 
 
 IRRIGATION ACT OP 1897 
 
 School Funds May Be Invested in Irrigation Bonds. 
 
 Section 676, Political Code, as amended in 1913, provides 
 that the proceeds of the sale of state school lands may be 
 invested in irrigation bonds. 
 
 Irrigation Bonds as Security for the Deposit of State Funds, 
 
 Statutes of 1913, page 108, provide that the bonds of irriga- 
 tion districts ma}^ be received as security for the deposit of 
 state funds. Con. Art. Sec. 16^. 
 
 Condemnation of Rights of Way for Private Canals. 
 
 Section 2692 of the Political Code as amended in 1913 
 provides that private ways for a canal may be opened, laid out 
 or altered in the same manner as public roads are opened, laid 
 out and altered. This is intended to permit the owners of land 
 who are compelled to cross the property of other persons with 
 an irrigation ditch to condemn a right of way for such ditch. 
 
 County Assessment Book. 
 
 Section 3653, Political Code, as amended in 1913, provides 
 that the county assessor must furnish to irrigation districts, 
 upon written request, a complete certified copy of his assess- 
 ment book so far as such assessment book pertains to property 
 within the limits of such irrigation district. This will be of 
 material assistance to district assessors. 
 
 Drainage Act. 
 
 Statutes of 1907, page 569. — This act gives to boards of 
 directors of irrigation districts the same powers with regard 
 to the drainage of the land included within the districts that 
 they possess with regard to the irrigation thereof. 
 
 Electrical Power. Appropriations by Irrigation Districts of 
 Water for Such Power. 
 
 Section 1410, Civil Code, as amended in 1913, provides 
 under what circumstances irrigation districts may appropriate 
 water for electrical power. 
 
 Funding Act. 
 
 An act to provide for refunding bonds was passed in 1897 
 and amended in 1901'. Statutes of 1901, page 514. 
 
 Registration of Bonds. 
 
 Statutes of 1913 provide that upon presentation to the 
 treasurer of any coupon bonds the same may be registered and 
 thereafter possess all the characteristics of registered bonds. 
 
INDEX 
 
 REFERENCES ARE TO SECTIONS 
 
 APPORTIONMENT OF WATER 18 
 
 ASSIGNMENT OF WATER RIGHTS 18 
 
 ASSESSMENTS, Generally: 
 
 Amount 39 
 
 Books, etc., effect of as evidence 49 
 
 Election for exemption of improvements from .. 35 
 
 Errors in effect of 50 
 
 Equalizing- 37. 38 
 
 How made 35 
 
 Improvements 35 
 
 Installments, payable in— Page 41 
 
 Levy and collection of 39 
 
 Notice of assessment 41 
 
 On what lien 40 
 
 Rate . . 60 
 
 Refusal to levy 39 
 
 Sale for delinquent.. 42 
 
 Supervisors, duty with regard to 39 
 
 When delinquent . 41 
 
 When lien 40 
 
 When made ... .. 35,39 
 
 When no assessment is made 39 
 
 When payable 41 
 
 ASSESSMENT FOR COMPLETION OF WORKS .. 34 
 
 ASSESSMENT, SPECIAL 59 
 
 ASSESSOR: 
 
 Books, etc., effect of as evidence 49 
 
 County assessment may obtain— Page 42 
 
 Deputies 36 
 
 Duties 35 
 
 Escaping assessment, property 35 
 
 Failure to assess ... 39 
 
 Improvements.. . 35 
 
 Property assessed . 35 
 
 BOARD OF DIRECTORS: 
 
 Action by, to confirm assessments 68 
 
 Adopt plan of works, must 53 
 
 Advertising for bids.. 53 
 
 Assessments 34, 39 
 
 Board of equalization 37,38 
 
 Bonds of officers, approve and fix 19 
 
 By-laws and rules 15 
 
 Claims . 54 
 
 Compensation . . 57 
 
 Condemnation 15, 16 
 
44 
 
 INDEX 
 
 Consolidation of offices 27 
 
 Construction of works ... 53, 56 
 
 Contracts 53 
 
 Contracts for construction 53 
 
 Distribution of water 15.18 
 
 Divisions, change boundaries of 97, 153^ 
 
 Divisions may change number of 28 
 
 Establishment of election precincts 1534 
 
 Financial statement 14 
 
 Funds, may deposit in county treasury 54 
 
 Limitation of expenditures ... 15 
 
 Limitation of indebtedness 61 
 
 May charge water rate 55 
 
 Meetings 14 
 
 Officers of board 13, 15 
 
 Organization 17. 20 
 
 Powers 15 
 
 Purchase of land or other property... 15 
 
 Quorum 14 
 
 Railroads, may cross 56 
 
 Right to acquire property 15 
 
 Salaries of employees 15 
 
 Sale of property 29 
 
 Special meetings . 14 
 
 Streams and streets, may cross 56 
 
 Suits 15, 16 
 
 Surveys 15 
 
 Tolls and charges 55 
 
 BONDS: 
 
 Action to validate 68 
 
 Assessment, for payment of 39 
 
 Contents of 31 
 
 Coupons 31 
 
 Denomination 31 
 
 Destruction of unsold 106 
 
 Election for issuance of 30 
 
 Election to sell for less than par 3234 
 
 Form of bonds 31 
 
 Holders of, assent to exclusion of lands 79 
 
 Interest 31 
 
 Investment for what fund — Pages 41-42 
 
 Lien on real property 33 
 
 Notice of sale 32 
 
 Payment of bonds 33, 52 
 
 Payment of interest 52 
 
 Petition for election for — 30 
 
 Pre-requisites for issuance 30 
 
 Proceeds of sale, disposal of... 32, 55 
 
 Redemption fund — 52, 60 
 
 Redemption of bonds. 52 
 
 Register -- 31 
 
 Sale .• 32 
 
 Series 31 
 
 Subsequent issues ! 31 
 
 State engineer, duties of 30 
 
 When may be issued 30 
 
 When payable 31 
 
 BONDED INDEBTEDNESS 106 
 
 Limit on — Page 41 
 
 BOUNDARIES; 
 
 Change of 74, 85 
 
 Fixing 5 
 
INDEX 
 
 45 
 
 COLLECTOR: 
 
 Bond of - ... 19 
 
 Certificate 45 
 
 Compensation 57 
 
 Consolidation with other office 27 
 
 Duties 41, 43 
 
 Settlement with secretary 51 
 
 Term of office 19 
 
 CONDEMNATION: 
 
 Directors may condemn 15 
 
 Law applicable 16 
 
 What condemned 15, 56, 64 
 
 CONFIRMATION PROCEEDINGS: 
 
 Effect of 68 
 
 New trial 71 
 
 Who may institute 69 
 
 CONSTRUCTION OF WORKS: 
 
 Advertisement for bids 53 
 
 Board may construct works, when 53 
 
 Funds for 34, 55 
 
 May cross streets, etc 56 
 
 May reject all bids 53 
 
 Plan adoption of 53 
 
 Survey for 15 
 
 CONTRACTS; 
 
 Officers may not be interested in. .. 58 
 
 Penalty for officer profiting from 58 
 
 When must advertise for.. 53 
 
 COUNTY ASSESSOR : 54 
 
 Must furnish copies — Page 42 
 
 COUNTY TREASURER, DUTY OF 54 
 
 DEDICATION OF WATERS OF STATE 56 
 
 DELINQUENT ASSESSMENTS: 
 
 Book of delinquent sales 46 
 
 Certificate of sale 45 
 
 Contents of deed 48 
 
 Conduct of sale 44 
 
 Cost of certificate 44 
 
 Cost of deed 47 
 
 Deed for 47 
 
 Effect of deed . . 48 
 
 Misnomer of owner 50 
 
 Owner may designate property to be sold 44 
 
 Penalty 41 
 
 Place of publication 41 
 
 Price .. : 44 
 
 Publication of notice 42 
 
 Recording certificate 45 
 
 Records of collector 49 
 
 Redemption from 47 
 
 Republication... 42 
 
 Sale for delinquent 43 
 
 Sale to district 44 
 
 Time of publication 42 
 
46 
 
 INDEX 
 
 DEMANDS: 
 
 Form of 54 
 
 Payment of.... . 54 
 
 DIRECTORS, 
 
 Bond on qualifying 19 
 
 Changing number of 28 
 
 Classification 13 
 
 Compensation 57 
 
 Election of ... 19 
 
 Liabilities 58, 73 
 
 Number of directors 5 
 
 Organization 13,20 
 
 Qualification of, for election 26 
 
 Qualification of, for appointment 25 
 
 Removal 58 
 
 Term of office 20 
 
 Vacancies...- . 25 
 
 DRAINAGE— Page 35 
 ELECTION ON ORGANIZATION: 
 
 Ballots 6 
 
 Canvass of votes 9 
 
 Conduct of election 6 
 
 Contest of election 11 
 
 N otice of election 6 
 
 Officers of election 6 
 
 Officers to be elected 5, 7 
 
 Order determining results 10 
 
 Petition for 2 
 
 Precincts 6 
 
 Qualification of voters 8 
 
 Recording order declaring results 10 
 
 EQUALIZATION, BOARD OF: 
 
 Notice of equalization 37 
 
 Procedure 38 
 
 When in session.. .... 37 
 
 EXCLUSION OF LANDS 74 to 84 
 
 EXEMPTION OF PROPERTY FROM TAXES 66 
 
 FUNDS: 
 
 Bond fund 52 
 
 Construction fund . 32 
 
 What payable from 55 
 
 County treasury, deposit with.. 54 
 
 General fund 59, 67 
 
 Indebtedness, limitation of 61 
 
 Maintenance 55, 59 
 
 Organization, expense of . 61 
 
 Treasurer’s report 54 
 
 V arious 67 
 
 Warrants, interest bearing 61 
 
 GENERAL ELECTION: 
 
 Ballots, form of 22a 
 
 Canvass of returns 24 
 
 Certificate of election 25 
 
 Conduct of election 25 
 
 Electors, qualification of 8 
 
 Nominations .. 22h 
 
 Notice of election 21 
 
INDEX 
 
 47 
 
 Officers elected at 19 
 
 Returns 23 
 
 When held — 19 
 
 INCLUSION OF LANDS 85 
 
 INDEBTEDNESS: 
 
 Interest upon . - 61 
 
 Judgment upon - 39 
 
 Limitation on . 61 
 
 Organization for 61 
 
 LEASE OF WATER FOR MECHANICAL PURPOSES: 
 
 How made 101, 105 
 
 When may be made 100 
 
 LIABILITIES OF OFFICERS 58, 73 
 
 MINING DITCHES, CONDEMNATION 64 
 
 NAVIGATION 64 
 
 OFFICERS: 
 
 Appointive 13 
 
 Compensation , 57 
 
 Consolidation of officers... 27,28 
 
 Elective 7,19 
 
 First Election .. 7, 12 
 
 Qualify, when . 19 
 
 Recall ... .. 28)4 
 
 Term of office 19 
 
 Vacancies, how filled. .. 25 
 
 ORGANIZATION: 
 
 Action of supervisors thereon 3 
 
 Appeal 4 
 
 Bond for costs of. 2 
 
 Consolidation of officers 7 
 
 Contents of petition 2 
 
 Division of district 5 
 
 Election 6 
 
 Engineer, state, duties of 2 
 
 Hearing of petition 3 
 
 How organized . 1 
 
 Notice of petition . 2 
 
 Name 6, 9 
 
 Office, location .. 14 
 
 Officers 12 
 
 Petition for 2 
 
 Proposed boundaries 2 
 
 Qualification of petitioners 1 
 
 When completed . 10 
 
 PROPERTY: 
 
 Consent of assessment payers required to pur- 
 chase 15 
 
 Exempt from taxation . 66 
 
 Lease of for district 15, 61 
 
 Lease of by district 100 
 
 Limitation of right to purchase 15 
 
 Reservoirs.. 15 
 
 Rights of way 15 
 
 Sale of 29,44 
 
 Title to 29 
 
48 
 
 INDEX 
 
 REDEMPTION OF PROPERTY: 
 
 Duty of collector 
 
 Duty of recorder 
 
 Time , 
 
 RESERVOIRS..... 
 
 RIGHTS OF WAY: 
 
 Condemnation 
 
 May cross streets 
 
 Publrc lands 
 
 Railroads 
 
 Right of entry to survey 
 
 RULES. PRINTING AND DISTRIBUTING 
 
 SALARY OF OFFICERS: 
 
 How fixed 
 
 When directors may fix 
 
 When electors may fix 
 
 SECRETARY: 
 
 Duties of , 
 
 Term of office 
 
 SPECIAL ASSESSMENT: 
 
 Election for when called 
 
 Rate of assessment. 
 
 When made 
 
 STATE ENGINEER, 
 
 Report on organization 
 
 Report on bond issue 
 
 Reports to be filed with 
 
 SURVEYS 
 
 TAXATION. EXEMPT FROM 
 
 TITLE TO PROPERTY 
 
 TREASURER: 
 
 Bond 
 
 Report 
 
 Term of office • 
 
 VESTED RIGHTS, PROTECTED. 
 
 WATER COMMISSIONERS: 
 
 Apportionment of water. .. 
 
 Who are 
 
 Warrants, registration of 
 
 WATER, USE AND REGULATIONS: 
 
 Apportionment of use of water 
 
 Apportionnient of water between districts. 
 
 Diversion of streams 
 
 Domestic purposes 
 
 Gran t by state 
 
 High water, during, ditches must be full . 
 
 Mining rights may not be condemned 
 
 Public use 
 
 Rules and regulations . 
 
 Tolls and charges 
 
 Water rates . 
 
 47 
 
 47 
 
 47 
 
 15 
 
 15 
 
 56 
 
 56 
 
 56 
 
 15 
 
 15 
 
 57 
 
 57 
 
 57 
 
 21, 39, 41 
 13 
 
 59 
 
 60 
 59 
 
 2 
 
 15 
 
 66 
 
 29 
 
 19 
 
 54 
 
 19 
 
 64, 110 
 
 62 
 
 62 
 
 61 
 
 18 
 
 62 
 
 65 
 
 15 
 
 56 
 
 63 
 
 64 
 17 
 15 
 55 
 55 
 

 Gaylord Bros. 
 
 Makers 
 
 Syracuse, N. Y. 
 PAT. JAN. 21, IMS