Show ali CT compiling libi laws Rp relating lating to the I 1 incorporation of irrigation Comp companies anle EC L 5 it y ahe governor and T r assembly the tetti tei ory of utah that upon the majority of alio ill citizens of any county or part thereof representing to the county court more water is necessary and that there are streams or parts of streams unclaimed or unused which if brou brought ht out of their natural chan nals and thrown upon tracts of land under cultivation or to be put under cultivation can bo be of value to tho the interests lure the county court having jurisdiction roay may proceed to organize or tho the county or part thereof into I 1 an irrigation district and there afler after tho the landholders land holders of such district shall be equally entitled to tho the use of me the water in in or be brought into such district according to their edged rights provided each landholders pay their pro proportion of the expense incurred in the tho construction and keeping in repair of the aary canals flumes blumes damaon ditches pvc S 2 the citizens afan of an irrigation district di Is t ilc I 1 t when no organized for the purposes provided in the preceding section kayin mass meeting proceed to the formation of a kompany by electing elec tini tira ua rocc roce not less than three nor more than thirteen trustees Trust eee a secretary and a treasurer notice of the time place and object of faid masa meeting shall be given by tho the clerk of the county court at least ten days previous by advertising three times in bamo newspaper having general circulation in tho the county and by posting up n notices 0 cices tices in three public places in the district veca ec 3 it shall bo bethe the duty of tho the trustees eo so elected to locate the proposed canal or ditch determine the amoun tand quality of odthe the land to be benefited thereby to estimate the C cost ost including dams bumes locka locks waste wi weir girand rand sand all the appurtenances appurtenance a belonging amount per acre br the percentage tace taze on taxable property which will ba be necessary to construct the same aca I 1 shall then be the duty oatlie of the trustees to wako a it report to the county court of tho the location and estimate provided for in section three orthis of this ad AR albo to call a meeting meet in of the holders of the lands to be benefited wg by the proposed canal or ditch at sit which a copy of fraid report shall I 1 bo be presented and the said anthold landh and hold clil era ere shall vote yes yee or no upon the following questions 1 do kocl you mutually agree to pay per acre I 1 land and land tax to can con the proposed canal or ditch 2 do you approve the action of the mass meeting in the election of on offic cicere erisT notice shall bo be given by tho the trudi trustees at least ten days previous to the time appointed for such bv nac albl arcu it ill 6 botne newspaper having general circulation cu in in tho the co county tinty and by poet post rig up noticed in three public places in n the di district said advertisement ind and notice shall state distinctly the 1116 time and place and aid oba object J e C t of such 1 meeting I ing and bo be signed by a it majority of the trustees and th the secretary the voting at eaid said meeting shall be by ballo tand the chairman and secretary t ary of eaid said meeting shall bo be the judge ju and clerk of the election A ballot box shall be provided by tho the trustees ond and each voter ahall present his ballot to the judge of election who 0 1 it 1 it 1 in the thebon box at and d III tho 0 cl clerk erk all shall al conr write it e the namo name of the voter in a poll list or book which be provided by tho the truss tes tees no person e arzon bo e n to 1 voi I t a at tsai said kneet meeting i ag or cl election e ct ion unless lint he lit is a land landholder alder in the district immediately after the close mose of the election the ballots shall bo en open ly counted by tho the judge and cherkas isted by two persona persons chosen by the voters present r eser t A certificate oi the result V 0 f tho the election signed signe I 1 by the persons dersons who counted the votes shall to bo forwarded at once to the clerk of the county courty court by the judge of eaid election SEC 5 if upon counting the votes it shall appear that tu two 6 thirds of tho the votes polled havo been answered in ibo affirmative the then the tile tax so agreed upon shall ben bea law layen in irrigation district and the tile tax when collected shall be paid over to the we treasurer of said company com on his order that not exceeding dile halfon tho tax ao so agreed upon shall bo be collected at one time the residue to bo be collected as tho the work progresses gr esses further that if the tile first birst esti estimate mitte prove iti 61 it for the construction of the canal or ditch with its appurtenances then additional taxes may bo in tho the same manner as hereinbefore provided until the said canal or ditch is completed if less than two thirds odthe polled are answered in tile affirmative firma tive then all ali proceedings under thi sat shall bo null and 0 of no that if there are objections to the so elected by the mass meeting me etia tile electors may write oilier other names on bucket Uc ket the 1118 P persons dersons having thoo tho the most O st votes to bo be dec declared hired elected and it shall be tho the d duty U ty of the county clerk to notify such officers forthwith fo of theu election pee sec 7 within witt lint twenty venty days after receiving such notice thO cels BO so elected shall hlo file bonds in the office of the clerk of the county court coll coir for tho the faithful performance oft of their boi several lutiel lu tiet the amount of stich bonds to bo be declared by tho the county autt having jurisdiction sec see 8 the term of office of the first trustees secretary and troia aurer shall be till tho thu licit sata election and thereafter for two yeara and until I 1 heir their arc are duly elected and file rile bonds jieh eco all subsequent elections for tale ralto of tax iball bo be held annually on the arai monday in december and for the Clec lection clestin tin of com company pally offie ers biennially un ill the fame me day at auch timo time and place within athin the as sh shall all bf be dein bated tied bv by the tile trustees at elili h time tho tile nut number isber of trustees may be changed changet b by 11 two thirds vote to not dot less than t three bior more than thirteen N alce of I 1 bald ld election elec irion bo be riven given and slid the tile erection etee tion conducted con and in cates thereof abr ed ai aft pro aided lu I 1 sett settled lod ol 01 0 ellis act rho rate 0 tax determined at aid election by a majority vote shall be the law in said irrigation district and shall constitute a permanent lien on the interest of the taxpayer in said canal or ditch and his right to the use of the water therein flowing flo winz from the day of assessment provided that no tax crew rented dr payable by this act shall be or create a lien upon the land sec 10 the Tho trustees at their first meeting shall elect one of their number president and it shall be their duty and they shall have power to fill any vacancy which may occur in the board by death change of residence or otherwise and the per persona chosen for this purpose shall hold office counti until the next annual election the trustees shall also hare power to meet at cuch such times and places as they may deem exi expedient 0 adient to make bylaws by laws rules and an regulations regul atio ne cEsary to carry into effect the objects of the people to appoint agents eu su bordi nates and officers otti cere and employ such work workmen as may le be requisite to ap point coln t assessors and collectors or make agreement with tho the county assessors to assess and collect the tax and notify collectors when additional inseal ments meats of the tax will be needed to and complete said canals or ditch ditches esith with all nece necessary ancas an es thereto to cause to be kept an a ac curate account of all receipts and disbursements and to complete said call canals als and ditches and settle all accounts of tho the same said trustees shall make nn an annual report of their proceedings under this act to the county court on or before the first day of february and shall file with the clerk odthe of the county court courts a map of said irrigation district showing the location and oil of land therein and of the companas comp anys canala canals and ditches fe es 11 the trustees shall have power to sue and be sued plead and be eIm Im pleaded to have and to hold all such real estate anil and personal property as may y be necessary to construct the contemplated ditch or cana canal 1 include ing ing all appurtenances belonging th oreto abee sec 12 if any part of tha lands to bo be benefited by the proposed ditch pr canal are net not legally claimed then such lands may bo be appraised by the trustees Tru and find ahall shall be belland held and the possession of them sold ly the trus tees fee as opportunity may offer and anc the tile estimated amount of funds necessary to complete such canal or d ditch licit shall bil I 1 be decreased by the estimated value of such lands previous to the th levy and asseE assessment of any tax sec see 13 where the dreams streams to be taken out for irrigation purposes come from counties other otier than the one in which the district is si situated but where there are no existing claims to the water and where no individual or settlement will be injured thereby han then tho the power of said irrigation disi dis brict is hereby extended to eaid said other county insomuch ns As said extension may bo necessary for the construction of dams to turn ze the waterland water sand 11 dit ditch 1 n PS es aa as may bo be necessary to convey tho the latue to where it is to bo be used sec see 14 where lakes likes or ponds in baalu 3 have outlets or where such can be made by dams acron hollows such lake or ponds may be used reservoirs to store water for lands lying on lower levels and tho the peo people le of any irrigation district may jungr under the provisions of fhi this act construct such artificial or use such natural basing basins for irrigation purposes provided the waters vaters of such likes lakes or ponds arc are in no case to be raised by dams or otherwise so as to interfere with or damage settlers upon the margin thereof S sec ec 15 upon the tile construction or partial construction of any ci canal inal I 1 illicit or reservoir contemplated la lathis this act they shall become the property of the irrigation di district and thereafter nil all funds necessary for repairs upon aid said canal ditch or reservoir and for keeping the same in order or for fol al terin or eni enlarging argin g the same may be levied ay iy iy ay a tax upon tho the lands bene cited the landowners in lit the district to vote upon tho the same it in the manner heretofore provided for in lit this act and in case of any sudden emergency caused by inundation or other said trustees are hereby authorized authorized ind and empowered ered to make malie such repair repairs ar or take such measures as they in may ay deci necessary ary to preserve tho the ca canal male or ditches or other works of or saw com company pilly or district and for payment of the expenses isea so increased the trustees are hereby authorized and to levy a tax for the necessary amount upon 11 all the lands of bald district benefited by such canals canali or ditches and alid L aid tax iak may be collected in the same manner and at the tile tame time time if necessary as pro provided aided vided for the collection of other tabei in lit bald gild district sec see 16 all property or money belonging to any irrigation district in the hands nf of av trustees restees r to be expended by bothom them under tl tho to provision pio vision of this acl aci is hereby exempted from all city county and territorial taxes Is sec soe 17 after any in canal or ditch shall hilve been laid out under this net act or under any special charter where other provisions lias has not been made the trustees or company may agree with will tho the owners of land th through rot mg I 1 which it will ill pass paw for the purchase of EO so much thereof I 1 na is may way bo be ilece V a r y for the anak i mg of the tile canal or ditch t e h and an I 1 tho the appurtenances thereto bo longing so ker 18 in ever every y case when the own owner r bf tile land BO so required shall absent 0 himell from tho 1110 county 0 or r shall not from any eltise aae be cit capable pable in ni law to so agree or shall refuse to agree or ask ilu an exorbitant price the tile vitle of sueh land and tho the damasca tc tile lie owner thereof shall ho bonscher talked in iho tile f following mauner manner 1 the owner of or claimant to cuch land and the each select a i ref referee erce alad in ca case cage ge of disagreement they I 1 two Is may lay select a third and these shall proceed to determine tile value of the tile land under contra and assess the amount of dam asses if any which each owner of lands latu or improvements lifts sustained or w will ill pit cu austain tain stain it in consequence 0 of f tho canal or ditch 2 alie gal ith a aceb description crip tion 0 oatha f tile land laud so ap shall be ja ac by the ref referees erives signing it before the cie clerk rl of the county court curt of tho tile in which the lands land SATO anre and when so acknowledged it shall be filed in the tile said 0 derka berkl 4 office witlie ten daya days after it all been een made in case the tile I 1 occupant al c pant or claimant shall refine refuse or neglect iz act to select a referee ref ereo aa as herein provided the trustees may petition ill the district court of the district in which the land is i situated forthe for tho appointment of three or more commissioners to condemn the land and fix and determine the damages said commissioners ners to bo be appointed upon such noti botica ceto to the complainant or occupant as 03 eaid oaid court shall direct dire ct said commissioners shall report to said court their award and resort determination et ermi nation for for approval or disa disapproval 1 the motion for approval of said aid award shall be heard on such notice aa as the court shall direct sec see 19 the trustees upon pay ment to the rightful claimant ot of the several gums sums assessed in the appraisal eo so made or apart making a tender thereof when the sum shall bo be refused shall be entitled to enter upon the lands described in the appraisal and baye have and hold the same for the use and benefit of such irrigation dietrict district for eyer sec 20 I 1 if ton an any parcel of the lands ao so described there shall be no person then living authorized to receive payment for the damages assessed for such parcel and auch such damages shall not have hav been elieen lawfully demanded within ten days after the filina fili neof of such appraisal the board of trustees may enter thereon without payment or tender of such damages but subject to such payment payi nent whenever tho the same shall be thereafter lawfully required SEC 21 if any person shall break bre injure or destroy any hank bink d dam in flume waste asto m gate on a said canalori ditch di or AP PUTten ances belonging thereto there toor or in use us a upon the same or take water from the raid canal or ditch except by direction of proper officers such person perso n so offending in shall forever for every such offense ofie tiff nse ense bo be liable b ae to a civil s suit uit for the recovery of damages to be prosecuted for before any tiny court having 4 jurisdiction by any an taxpayer in the irrigation on district at act andall and shall alsobr also be subject to indictment and upon conviction shall be punished by fine not exceeding one thousand dollars or |