| Show PROPOSED AMENDMENT TO STATE N LAW LAI WS S Bl Bj No B No 47 By Mr ODonnell O'Donnell ell onn-ell i I IAn An act to Ame Amen Amend sections 11 and 15 of chapter 68 Laws laws aws of Utah 1919 as amended b byj chapter 73 Laws of Utah 1921 1021 section 16 17 I 18 and 19 10 of chapter 3 8 Laws of Utah 1919 and sect section section on 21 chapter 68 Laws of oC Utah Ut 1019 as amended by chapter 9 Lag La Lat t of Utah 1923 re- re re relating hating lating to organization of and pow pow- powers powers powers ers and md duties If f Boards of oC Direct Direct- Directors Directors Directors ors of water conservation districts sale of bonds assessments upon real property io fo payment pa-ment of oC bonds determination of amounts of mone money required for current year and cation cation to commissioners commissioners duty of count county assessors basis of valuation and apportionment in case of con con- contract contract con contract tract with United United States fixin fixing of tax levy by County Commissioners and making State Revenue Laws up- up op c except ast as t Be it enacted b br by r the Legislature of I the State of Utah I I Section 1 1 That s sections 11 and l 15 of chapter 68 Laws pf f Utah 1919 as amended by chapter 13 73 Laws of Utah 1921 and sections Ib 1 17 18 18 and 19 of chapter 68 Ut Utah h 1919 and section 21 chapter 68 Laws of I Utah 1919 ns as n amen amended by chapter 9 I Laws of or Utah l ame be be to m l lo read read s n-s I 1 follows T f Section 11 The directors directors having duly uly qualified shall organize as a aboard aboard board Loard elect a president from their number and appoint n The secretary secret shall execute a bond in favor favor favor or of the district in form and amount prescribed by said board The board shall have power and it shall be it its dut duty to adopt a seal manage and conduct the tho affairs and business of oft te t te district make an anc execute all necessary nee nee- necessary essary contracts employ such agents attorneys officers anh and employees as may be required and prescribe their theil duties The boardl board shall establish 1 boundaries of election precincts and may change the name name but no such change shall be bo mad made less than thirty days prior to an el election election Upon the completion of the ox organization organization of the district and before any bond issue or contract is voted od 04 01 any assessment I levied or toll or chAnge change imposed thee the I board of directors having Having first deter deter- i mined the amount of water for the use of the district shall on such notice and md he hearing ring and and under such rules and regulations regulations as the board may determine make a final re- re revision re revision vision and allotment allotment of the available water to each forty forty acre tract or smaller tract in separate parate ownership within each such regal legal subdivision provided that no allotment t shall be in- in increased increased in increased creased above the amount originally allotted by the state sta state a engineer without the consent of th state engineer provided further that such allot mont ment may not the thereafter after be decreased as long as there m may y be any ing dog ing indebtedness it in excess of or 2 per percent percent percent cent of or the assessed valuation of the lands within said t such allot allot- allotment allotment allotment I ment may however be increased to toI toan amount toan-amount an- an amount an-amount amount not exceeding the amount allotted by the slate sate state engineer should the additional amount of water be- be become become be become come available fo for the use of the district district dis- dis district Such final be the basis for all assessments ts tolls and charges levied a against against the land and nd shall also thereafter thereafter be the basis of the vote vole at all elections A copy of the order making such such allotment or orI I any thereof as herein provided cel- cel certified celI certified I to by secre secretary y y of the district shall shaH be immediately for 1 in tho office of the cn c clerk 11 the county in which the office ottha or he district is located and a certified heI copy I filed with with the county recorder of each county in which any lands of the di are i 9 v h 11 in ui Act however r s shall ll prohibit the I engineer upon petition petition by the board of directors after the organization of the i i the district has been perfected from increasing the maximum allotment fromI of I I water for any tract tract or tracts of land embraced the district when landI in I I opinion I I opinion of the estate state engineer said saiJI tract or tracts of of C land connot be he bene- bene beneI bene I I irrigated irrigated irrigate with the amount amount of oC I water allotted The board of ot direct direct- directors directors ors rs shall have the he power to construct constructor oCI I or may acquirer by contract purchase condemnation pr fr fir otherwise canals I ditches rs reservoir sites it-I it ir- ir irrigation ir irrigation systems systems or works and lands i necessary or incidental to the use and andI I operation of irrigation ir irrigation works and nd re- re reI reservoir re reservoir I i sites t which hick lands ma may be teased leased when the leasing teasing thereof will not with ith their use for irrigation irrigation gation purposes purposed and also water filings water waler rights ri rights of way or other ant property or any any interest therein in- in including including in including power plants plants when acquired or developed i ir connection with all an irrigation system n with the right to sell Bell Bellor or dispose l f the surplus power powel Th boara shall also have havethe the right Tight to purchase purchase the stock of ir- ir irrigation ir irrigation canal nd end and reservoir compan compan- companies J ies fes companies ies The board ay exchange bonds I I oi f the district for fr f fir r any such property Upon such terms and tind conditions as the board may deem best best The Board its agents and employees employees shall have the right to enter un upon n any land Jand in the district to make surveys and nd to locate and construct any an canal or canals and the necessary Said board shall have the thc right right by condemnation to n acquire q ire rights right of way for the en- en ene e nt of any nn- u ditches canals or reservoirs r provided that said board shall hall not have havo th the the right to occupy the premises proposed proposed to be l pending the de determination determination of suit except upon film fili such bond as is re required re- re required required by law h id the case ca e of oC suits suit b by other corporate is 18 and individuals The right of w wAr is hereby given de- de dedicated dedicated de dedicated and se sea apart to locate con con- construct con construct on- on and mm in said works or re- re reservoirs reservoirs over trough rough or upon any of the lands whit which are now or may be bethe bethe b the property o the state tate The board may make sue suc investigations end based thereon such representations representation and assurances assurance to o 0 the secretary of the interior as ma ms be requisite under the act of congress approved August 11 1916 or and may enter into any obliga obliga- obligation obligation obligation tion or contra contrast with the United States for the or opera opera- operation operation tion and maintenance ante ance of the ne necessary es ary Works for flit the thc delivery and distribution distribution tion lion of water or for t the 1 lC as- as assumption as ns assumption as principal or guarantor of indebtedness the the United States Ion on account of lands as for forthe forthe the the temporary rental of water under the provisions of oc of the federal reclamation reclamation tion act and all 11 acts nets amendatory thereof or sup thereto or 1 any other acts f congress now enact enact- enacted enacted I led ed or which mal may hereafter be enacted and the rules and regulations est esta- esta established esta established a- a or the board may I i contract with th United States for a awater awater awater water supply ui m u der any act of con con- congress congress con gre gress providing or or permitting such contract and i ay convey to the United States tes Is 3 jay i partial or full con con- consideration consideration con consideration there or water rights or other property jf if f the district and in incase incase incase case contract has been or may hereafter hereafter ter ler be made ith the United States as herein provided provided bonds of the dis- dis district dis district may b bl b j deposited with the United Slates at 95 per cent of their par pur value to the amount to be pail by the district to United States under any such contract the interest on said bonds to b bl b provided for by assess assess- n assessment assessment ess ment and levy as in the case of other bonds oil of tho of the district and regularly paid to the he United States to be ap- ap ap applied plied died ay 33 provided in such contracts contract contract ff bonds H i bonds of the district arc not so deposited it shall be the duty of ioard of directors to include as aaD art rt of any levy or assessment now for by bylaw law an amount amount I sum sum- sufficient dent to meet each c ich year all payments under the term terms of any such I i I i in 0 t 1 1 i j i iv y 0 on on p 4 i PROPOSED IE AMENDMENT D f NT I ITO TO STATE IRRIGATION LAW Continued Co tinuM from Pago rage 1 behalf of the ic appointment oi of the district as fiscal gent ent of the Uni- Uni Uni-cd Uni uni-I uni ed States Slates or of or the dis- dis district district dis district by the United tates tales to make collections of fo foi money mone o on be- be behalf behalf be behalf half of the United i tL cafes in to connection connection tion with any fed ral al al reclamation project whereupon a district shall be authorized so as to o 0 act and to as- as assume assume sume as sume the duties a anu liabilities inci- inci incident incident inci incident dent to such action and and the said board shall have full power to do any and all things thing's required by the statutes now or hereafter enacted in connection therewith ih rues and end all things required by the rules and regulations now or that may hereafter be esta- esta established established esta established by any de dey of or the fed fed- federal federal fed federal eral government i i t regard thereto Districts operating co-operating opera co-opera ing with the Uni- Uni United United Uni United ted States may r nt or lease leae water to private lands or muni muni- awni- awni municipalities in the of the district in ice of contract the United States If I contract is pro proposed pro pro- proposed proposed posed to bo be mad with the United States and bonds bond are not to be del del- deposited delI de deposited I posited with the I States in con con- connection connection therewith the question to b be sub ted to the voters at a special election is or not the con con- contract con contract on- on tract shall be en ered into with the the th United Stat s 's s 3 The notice of election shall sta state under the terms of what act or ac acts acs s or of of congress cong con con- contract contract con contract tract is proposed Co be made and the maximum amount of money payable to the United Sta States S 'S for construction purposes exclusive f penalties and in- in interest interest in interest terest and the wa or r l rights and other property if any to be conveyed to to the United States as in this section provided The ba lots for such dee elec- election deetion elec election tion shall contain contin he words Contract Contrat with the United Yes States States Yes and I Contract with th tl United States States States- No or words equivalent eqi thereto If Ifa Ifa Ifa a majority of th the votes cast at such SUell election are arc Con rack met with the Uni- Uni United United Uni United ted Yes States States Yes he board of direct dIrect- dIrectors directors directors ors shall ely enter into such contract with the United States The board shall establish ish equitable rules and regulations lor lor or the distribution and use of or wate among the owners of lands included u tin this district and may provide thel therein in that no water shall be delivered to lands which ar are delinquent or in in the pay pay- payment payment pay payment ment of any toll charge arge tax or assess assessment assessment ment The said rules and regulations shall as soon be printed in form form f r i distribution i iii inthe the district provid I however that water the right to the he use of which is squired by fife strict l strict u under cler any any contract with the U United States states hallbe be distributed and nd d by the district in accordance with the acts of of congress and ru s and regulations and nd the provision provisions of said contract in relation thereto j The board hoard of or ruiS d directors snail shall have power to lease or rent ent ent the use of water wate not ne needed ded y the landowners of said said district o d contract for tho delivery delhery thereof t to occupants of other lands within or w w said district at such prices an on such terms as they may deem lest est provided that no lease or lenta r rental agreement running for a period of more ore ore than th five years shall be made ai d no vested or pre pre- pre I right t to the use of such water shall attach attadi to said sid land by virtue of such l lc case tse se or such rental and provided al o that any land land- landowner landowner owner in said d strict may where with alO he consent of the board of or direct rs 18 assign the right to the whole 01 any portion of the whole or any portion po tion of the water so apportioned to his 1 is land for anyone any one year eal to any othe bona fide landowner othet for use in the d strict for said year provided such landowners shall have havo paid all amounts amounts due on assessments I upon such land lands The board shall generally perform all alt such acts and I have all such powers powers as shall be necessary necessary essary fully to carry out the purposes or of this act Th board of directors shall by resolution n prescribe the th daes for holding re regular ular meetings and shall also alo hold such uch special as may be required required for the proper propel transaction transaction of business A special meeting may bet bel be called by a written request of ten of oil whore more of the el electors of said district district addressed addressed to dent dent of the board boar board of directors or or by bythe bythe the president of the board or b by any two directors All All ll meetings s of the board must be p public and two mem bers shall constitute constitute te a quorum for foy the transaction of bu business and on un all ail questions requiring a vote there shall be a olf of at least two mem mem- members mem- mem members members bers of said board boa board d All records of the board shall bG b open to the inspection inspection inspection tion of any landowner durin during busi Iusi- busi- busi business business ness hours Th They board shall at the end of each fiscal year prepare and submit to a public c meeting of the landowners within within the district called for fOl the purpose 4 4 a report covering all transactions and operations operations ot of o the district during luring the year Section 15 15 Tre board may maysell may sell r front from time to tim in in such such uch quantities j and nd most advanI as may be necess ry I to te raise t ie he money for the I or p pi of canals reservoir sites reservoirs water rights rig and works wodes lock stock and irrigation canal or r companies and amt fully t carry out the hc I objects and cs s of this Act B fore Ba-fore fore making any ale le Ie the board at a meeting by i |
