tny IBY AN ACT jb irrigation companies bec BBC 1 be it enacted by the governor and legislative assembly of the territory of utah that upon the majority of the citizens of any county or part pant thereof representing that more water Is necessary and tind that there are streams unclaimed which if brought out of their natural channels and thrown upon tracts of land under cultivation or to be put under cultivation can be of value to the interests of agriculture the C county court having jurisdiction may proceed to organize the county or part thereof into an I 1 irrigation district and thereafter the landholders h ol 01 ers of such district shall be equally entitled to the use of the water in or r to be brought into such district according to their several needs SEC 2 the citizens of an irrigation district when so organized for the purposes mentioned in the preceding section may in mass meeting after a general notice thereof thereat has been given give proceed to the formation of a company by ele eie electing ct in t giua a toce voce i oce no not t I 1 less ess than three nor more than t thirteen har te trust trustees ees bes a secretary and a treasure treasurer r and decide whether the tax taic to be levied shall be b on all taxable property or upon the lands to be bene fitted SEC 3 it shall be bo the duty of the trustees so elected to locate the proposed canal or ditch determine the amount and quality of the land to be bene fitted thereby to estimate the cost including dams flames flumes locks waste weirs and all the appurtenances belonging thereto the amount per acre or the per pec percentage cen on taxable property which will bo be necessary to construct the same le less the value of the possession of any unoccupied lands on the line of such canal or mc ditch and ana make ke a report including these items to ili III the county court provided that if tha tax to be 1 levied is a property tax the estlin estimates ates ashall sh all ali be made from the latest assessment rolls in the county assessors office I 1 I 1 SEC 4 it shall then be the duty of the count county court Cour tatter niter alter at least six days public notice shai shar shall shail have been given in each precinct in the said irrigation district to hold an election at which the report of the trustees pro provided vi dad for in the preceding section shall bo in made e P public bublic and the electors shall vote yes or no upon n the following lowing ol questions first do you mutual mutually I 1 y agree to pay per cent property property perty tax or per acre land tax jo to c construct on the tro e proposed ditch or canal second delou d you approve the action of the mass masv meeting in the election of officers the votes shall be polled and counted in the manner prescribed in an act regulating elections approved jan at 3 1853 provided the meaning of the word electors used tasea in this section shall only include tax payers if a proper property tax or land holders if a land laud d tax in the sald said district SEC seca 5 if it upon counting the votes it shall appear that two thirds of the votes polled have rear gear been answered in the affirmative then the tax so 0 levied shall be alawin a law in the aid ald aid ald irrigation district and may maybe maybo be assessed and collected in the manner provided for territorial revenue and be paid over to the treasurer of said company compan on his bis order provided that not exceed exceeding one eh hair half oaf of the tax so levied shall be exceeding collected ind at tone one time timer the residue to be collected as the work progresses SEC 0 if less than two thirds of the votes polled are answered in the affirmative then all arc proceedings ce edings under this act shall be null and of no efrece effect provided that if there are objections to the officers elected by the mass meeting the electors may write other names on their tickets the persons having most votes to be declared elected ted elsec bec SEC 7 the officers BO so elected shall file nnie bonds in the office of the clerk of the county court conditioned for the faithful performance of their several duties the amount of such bonds to be declared by tho the county court having jurisdiction SEC 8 the term of office of the first trustees secretary and treasurer shall be till the lexi next g general e election and thereafter for one year and u until their successors are elected and file bonds SEC 9 the clerk of the county court shall give notice of and prescribe the manner of conducting all subsequent elections for company officers and if it should be found Rec mec necessary essary to increase the tax already levied such increase may ay be submitted to the people upon representation alzon of the trustees at any subsequent regular election for territorial county or com company officers and if voted for as previous previously lv provided grovv rel r shall hall be a law and be assessed and cod cor collected acted in the manner provided in the fifth section of this act SEC 10 the trustees at their first meeting shall elect one of their number president and it shall shail be their duty and they shall shail have power rowen to fill any vacancy which may occur in the board by uy death change of ui residence n ui or other wise ibe the person chosen to hold office until the next annual election to meet at such times and places as they may mar deem expedient to make all bylaws by laws rules and regulations necessary to carry into effect the objects of the people to appoint gents agents subordinates and officers and employ tuch such such workmen as may be requisite to ap appoint assessors and collectors or make agreement with county assessor and collector to assess and collect the tax and notify collectors when additional installments of the tax will be needed to construct and complete said canalori canal or ditch with all necessary appurtenances thereto to cause to be lie ke kept t an accurate account of a all ail receipts and da disbursements ments and to make an annual report of al all ail I 1 proceed proceedings under this act on or before the fl first day ay of january to tho tha legislative assembly y to 0 ca complete piete the tho canal or ditch and settle all ail al accounts ac un of the same and file all books hooks papers and accounts in the office of the clerk of of the county court subject to future reference and it shall bothe bethe be he duty of the secretary to keep a record of all proceedings pro of the board of trustees In regard tb such ditch or gr 1 anal canal SEC 11 the trustees shall have power to sug sua altie and be sued plead and be impleaded pleaded Im to haqq hava and to hold hoid au such real estate and personal property pro nty as may be necessary to construct tho the contemplated con ir emulated em plated ditch or canal including all appurtenances a belonging thereto SEC sm 12 if lany bany any part of the lands to be bene fitted bytho bythe by the proposed ditch or canal are not legally claimed then such lands may be appraised pr alsed by the trustees sies and shall be held and the possession of them sold by the trustees as opportunity may offer and the estimated amount of funds necessary to complete such canal or ditch shall be decreased by the estimated value of such lands previous to ther levy and assessment of any tax SEC 13 where the streams to b be e taken out for irrigation purposes come from counties other than the one in which the district Is situated but where there are no existing claims to the water and where no individual or settlement will be injured thereby then the power of said irrigation district is hereby extended to said other county insomuch as said extension may be necessary for the construction of dams damato to turn the waters and ditches or canals with all necessary appurtenances as may be necessary to convey the same to where it is to be used SEC 14 where lakes or ponds in natural basins have outlets or where such can be made by dams across hollows such lakes or ponds may be used as reservoirs to store water for lands lying on lower slower levels and the people of any irrigation district may under the provisions of this act construct such artificial or use such natural basins for irrigation purposes provided the waters of such lakes or ponds are in no case to be raised by dams or otherwise so as to interfere with or damage settlers upon the margin thereof SEC 15 upon the completion of any canal ditch or reservoir contemplated in this act they shall become the property of the irrigation district and thereafter all funds necessary for repairs upon the said canal ditch or reservoir and for keeping the same in order or for altering or enlarging the same may maybe be levied by a tax upon the lands the landholders in the district to vote upon the same in the manner heretofore provided for in this act SEC 16 all property or money belonging to any irrigation district in in the hands of trustees to be expended by them thera under the provisions of this act is hereby exempted from all city county and territorial taxes SEC 17 after any an canal ca na 1 or ditch shall have been laid out under u aler this act or under any spec al charter where other provision has not been made the trustees or company may agree with the owners of land through which it will pass for the purchase of so much thereof as may be necessary for making the canal orach or ditch and ana the appurtenance 4 thereto belonging SEC 18 in every case where the owner own ero of the rand land so required shall be absent from the county or shall not from any cause be capable in law so to agree or shall refuse to agree or ask an exorbitant price the value of such land and the damages dania danin es to the owners thereof shall ve lie ascertained in inthe the following manner mannen first the occupant of or claimant to such land and the trustees may each select referees and in case of disagreement they two may sela sell select a thirland thir thard dand and these referees shall proceed to determine et ermine the value of the land under controversy and assess the amount of damages if any which each owner of lands or improvements has ilas sustained or will sustaining inin nin consequence thereof saco second d the appraisal with a description of the ian lag land so appraised shall be acknowledged hy by the referees signing it before defore the clerk of the county court in which the lands are situated and when so acknowledged shall be filed in the county clerks obice within yI thIn ten days after it shall have been made SEC 19 the trustees upon payment to the rightful claimant of tile the several sums assessed in the appraisal so made coupon making a tender thereof when the same shall be refused shall be entitled to enter upon the lands described in the appraisal and have and hold the same forthe for vor tho the use and ind benefit of such irrigation di district for ever SEC 20 if on any parcel of the lands so described bed there shall be no person then living authorized to receive payment for the damages damaged assessed for such parcel and such damages shall not have been lawfully lawful lV demanded within ten days after the filing of such appraisal tile the board of ustes trustees Tr may enter thereon without payment or tender of such damages but subject to such payment whenever the same shall be thereafter lawfully required SEC 21 if any person shall break iture injure or destroy any bank dam flume water weir we r rock lock or gate on said canal or ditch pr any of the appurtenances pur nur tenancies ten ances belonging thereof there tf tp or in use upon the same or take water from the said canal or ditch except by direction of proper officers person erson so offending shall for every such offense offence go be liable to a civil suit for the recovery of dam agasto be prosecuted for before any court having jurisdiction by any tax payer in the irrigation district and an id shall also be subject to indictment and upon conviction shall bo be punished by fino fine not exceeding one thousand dollars or imprisonment not exceeding one year or by both fine and imprisonment at the discretion discretion of the court SEC 22 all companies or districts organized under the provisions of this act shall be liable for any damages which may occur by breakage of any canal or ditch which damages may be a appraised raised and collected in the manner prescribed espin in the eighteenth and nineteenth sections of this act SEC 23 nothing in this act shall be so construed as to interfere with the right of the legislative assembly to repeal alter or amend the iho same at pleasure pl basure GEORGE A SMITHS president of the council jour jonir TAYLOR speaker of the house of representatives approved jan JAMES jayms DUANE DOTY DOTT governor seche BECHE carys OFFICE orfice utah territory I 1 hereby certify that the foregoing Is a true copy of a law passed by the Legi legislative assembly of utah territory and approved by the governor on the day of january A D 1863 the original of which Is on file in this office in witness whereof I 1 have hereunto set i my hand band and affixed the great seal of LA said territory this day of january 1 l A D 1865 and anh of the independence of of the united 10 states the eighty ninth AMOS secretary of utah ter tet