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Full text of "The Nevada Irrigation District act"

F 

845 
,25 
N36 




NEVADA 

IRRIGATION 

DISTRICT ACT, 

1920 



BANCROFT 



University of California Berkeley 



STATE 




OF NEVADA 



THE NEVADA IRRIGATION 
DISTRICT ACT 



Pamphlet No. 9 



. ISSUED BY 

J. G. SCRUGHAM, State Engineer 




CARSON CITY, NEVADA 

STATE PRINTING OFFICE : : : JOE FARNSWORTH, SUPERINTENDENT 

1920 



THE NEVADA IRRIGATION DISTRICT ACT 



Stats. 191.9, page 84 



CHAP. 64 An Act to provide for the organization and gov- 
(rnment of irrigation districts, for the irrigation and 
drainage of lands and other related undertakings thereby, 
and for the acquisition and distribution of water and 
other property, construction, operation and maintenance 
of works, diversion, storage, distribution, collection, and 
carriage of water, cooperation with the United States; and 
matters properly connected therewith. 

[Approved March 19, 1919] 

SECTION 1. A majority in number of the holders of title, 
or evidence of title, to lands susceptible of one mode of irri- 
gation from a common source or combined sources, and by 
the same system or combined systems of works, may propose 
the organization of an irrigation district under this act; 
provided, said holders of title or evidence of title shall hold 
such title or evidence of title to at least one-half part of the 
total area of the land in the proposed district ; provided, fur- 
ther, that every signer of a petition for the organization of 
an irrigation district shall be the holder of title or evidence 
of title to at least five acres of land within the proposed dis- 
trict. The equalized county assessment roll next preceding 
the presentation of a petition for the organization of an 
irrigation district shall be sufficient evidence of title for the 
purpose of this act, but other evidence may be received, 
including receipts or other evidence of rights of entrymen 
on land under any law of the United States, and such entry- 
men shall be competent signers of such petition, and the land 
on which they have made entries shall, for the purpose of 
said petition, be considered as owned by them. Such entry- 
men shall share all the privileges and obligations of free- 
holders and owners of private land within the district, under 
the several provisions of this act, including the right to vote 
and hold office, subject to the terms of the act of Congress 
entitled "An act to promote reclamation of arid lands," 
approved August 11, 1916. The petitioners may determine 
in said petition whether the proposed district shall be divided 
into three, five, or seven divisions, and whether it shall have 
three, five, or seven directors, but if no number is named in 
the petition the board of county commissioners may deter- 
mine whether the number shall be three, five, or seven. 

SEC. 2. Whenever it is proposed to organize an irrigation 
district a petition shall first be presented to the board of 
county commissioners of the county in which the lands or 
the greater portion thereof are situated, signed by the 
required number, possessing the qualifications provided for 
in section 1 of this act, which petition shall set forth and 



particularly describe the proposed boundaries of such dis- 
trict and shall pray that the same may be organized under 
the provisions of this act. The petitioners must accompany 
the petition with a good and sufficient bond to be approved 
by the said board of county commissioners in double the 
amount of the probable cost of organizing such district, con- 
ditioned that the bondsmen will pay all said costs in case 
said organization shall not be effected. Such petition shall 
be filed in the office of the county clerk and a notice thereof 
shall be published for at least two weeks before the time at 
which the same is to be presented to the board of county 
commissioners in some newspaper printed and published in 
the county where said petition is presented, which newspaper 
shall be designated by said board as the paper most likely to 
impart notice of the hearing of said petition ; the said notice 
to set forth that said petition has been filed, the time of the 
meeting of said board to consider said petition, and a descrip- 
tion of the territory to be embraced in such proposed district. 
SEC. 3. When such petition is presented, and it shall 
appear that the notice of the presentation of said petition 
has been given and that said petition has been signed by 
the requisite number of petitioners as required by this act, 
the commissioners shall hold a hearing on said petition and 
may adjourn such hearing from time to time not exceeding 
three weeks in all. Contiguous or neighboring lands sus- 
ceptible of irrigation from the common source or combined 
sources aforesaid, not included in such district as described 
in the petition, may at such hearing upon application of the 
holder or holders of title or evidence of title thereto as pre- 
scribed in section 1 hereof be included in such district, and 
lands described in said petition not susceptible of irrigation 
from such system or systems may upon similar application 
be excluded therefrom; provided always, that said board 
shall not modify the boundaries described in the petition so 
as to change the object of said petition or so as to exempt 
from the operation of this act any land which is susceptible 
of irrigation by the system. or systems aforesaid. In the 
hearing of any such petition the board of county commis- 
sioners shall disregard any informalities therein, and in case 
it deny the same or dismiss it for any reasons on account of 
the provisions of this act not having been complied with, 
which are the only reasons upon which it shall have the right 
to refuse or dismiss the same, it shall state its reasons in 
writing therefor in detail, which shall be entered upon its 
records, and in case the reasons are not well founded a writ 
of mandamus shall upon proper application therefor issue 
out of the district court of the county compelling it to act in 
compliance with this act, which writ shall be heard within 
twenty days from the date of issuance, such time to be 
excluded from the time given the county commissioners to 
act upon the petition. Upon the completion of the hearing 
the count v commissioners shall forthwith make an order 



denying or granting the prayer of said petition, and if the 
same is granted shall, in said order, define and establish the 
boundaries and designate the name of such proposed district 
;nid divide the same into three, five, or seven divisions, as 
proscribed in the petition, as nearly equal in size as may be 
practicable. Thereupon the said commissioners shall by fur- 
ther order duly entered upon their record call an election of 
the qualified electors of said proposed district to determine 
whether such district shall be organized under the provisions 
of this act, and by such order shall submit the names of one 
or more persons from each of the divisions of said district to 
be voted for as directors of the district. One director shall 
be elected from each division and shall be a qualified elector 
of the district and holder of title, or evidence of title, as 
prescribed in section 1 of this act, to land within the division 
from which he is elected. Each division shall constitute an 
election precinct for the purposes of this act. The board of 
county commissioners shall give notice of such election, 
which shall be published for two weeks prior to such election 
in a newspaper within the county where the petition is filed. 
Such notice shall require the electors to cast ballots, which 
shall contain the words " Irrigation District Yes," or "Irri- 
gation District No," or words equivalent thereto, and the 
names of persons to be voted for as directors. For the pur- 
pose of this election the board shall establish a polling place 
in each election precinct aforesaid, and shall also appoint 
three qualified electors to act as inspectors of election in 
each election precinct, and also appoint for each precinct 
two clerks of election. The number of directors and the 
number and boundaries of divisions of any district organized 
under the laws of this state shall not be altered or changed 
except by a petition of a majority of the qualified electors of 
the district and a majority of the directors. 

SEC. 4. Except as in this act otherwise provided, all such 
elections shall be conducted as near as may be practicable in 
accordance with the general election laws of this state. The 
board of county commissioners shall meet on the second 
Monday succeeding such election and proceed to canvass the 
votes cast thereat, and if upon such canvass it appear that a 
majority of the electors voted "Irrigation District Yes" the 
board, by an order entered upon its minutes, shall declare 
such territory duly organized as an irrigation district under 
the name and style theretofore designated, and shall declare 
the persons receiving respectively the highest number of 
votes for directors to be duly elected, and shall cause a copy 
of such order and a plat of said district, each duly certified 
by the clerk of the board of county commissioners, to be 
immediately filed for record in the office of the county 
recorder of each county in which any portion of such lands 
are situated, and certified copies thereof shall also be filed 
with the county clerk of such counties, and thereafter the 
organization of the district shall be complete. No lands 



while they remain within a district shall be included in any 
other district. 

SEC. 5. The regular elections of irrigation districts shall 
be held on the first Tuesday after the first Monday in April 
of the second calendar year after the completion of the 
organization thereof, and on the same day biennially there- 
after, or as to districts heretofore organized, biennially after 
the first regular election therein. The directors elected at 
the organization election shall be selected by lot so that 
one, two or three directors, according to whether there are 
in all three, five, or seven on the board, shall hold office until 
their successors are elected at the next regular election and 
qualify, and two, three, or four directors, as the case may be, 
shall hold office until their successors are elected at the 
second regular election after organization and qualify, and 
at the regular election biennially thereafter directors shall 
be elected, to replace the directors whose terms expire, for 
terms of four years, or until their successors are elected and 
qualify. Directors so elected shall have the qualifications 
prescribed in this act for directors elected at the time of 
organization. Nominations for the office of directors shall be 
made by filing a declaration with the secretary within fifty 
days before the date of election and not later than ten days 
before such election. Candidates shall pay twenty-five ($25) 
dollars filing fee with such declaration. 

SEC. 6. Not less than fifteen nor more than twenty days 
before any election held under this act subsequent to the 
organization of the district the secretary shall cause notice 
specifying the polling places and time of holding the elec- 
tion to be posted in three public places in each election pre- 
cinct and in the office of the board of directors. Prior to 
the time for posting the notice the board of directors shall 
appoint three qualified electors to act as inspectors of elec- 
tion in such election precinct and shall also appoint two 
clerks of election for each precinct. If the board of directors 
fail to appoint a board of election or the members appointed 
do not attend the opening of the polls on the morning of elec- 
tion the electors of the precinct present at that hour may 
appoint the board or supply the place of absent members 
thereof. The board of directors shall, in its order appointing- 
the board of election, designate the hour and the place in each 
precinct where the election shall be held. At least four weeks 
before any such election said board of directors shall appoint 
a registrar for each precinct of the district. Such registrars 
shall be governed in the performance of their duties by the 
general election laws of the state as far as they are applicable 
and shall be at their places of registration to receive applica- 
tions for registrations from nine o'clock a. m. to nine o'clock 
p. m. on each of the three Saturdays next preceding the 
date of election. The registrars shall require registrants to 
take the following oath, in substance : "I am, or have declared 
my intention to become, a citizen of the United States, am 



over tin* ; of t wentv-one years, and am, or properly rep- 
resent, under the law in pursuance of which this election is 
to he held, the holder of title or evidence of title, as denned 

in said law, to land within the boundaries of the 

irrigation district." No election for any purpose except for 
organization shall be held in any irrigation district without 
such rejristration, and only electors duly registered shall be 
entitled to vote thereat. 

SEC. 7. Before opening the polls each inspecto^and each 
clerk must take and subscribe to an oath to faithfully per- 
form the duties imposed upon him by law. Any elector of 
the precinct may administer and certify such oath. Vacan- 
cies occurring during the progress of the election may be 
filled by the remaining inspector or inspectors, and any 
inspector of election may administer and certify oaths. 
The time of opening and closing the polls, the manner of 
conducting the election, canvassing and announcing the 
result, the keeping of the tally-list, and the making and cer- 
tifying of such result and the disposition of the ballots after 
election shall be the same, as near as may be, as provided 
for elections under the general election law of this state, 
but no registrar or election officer shall receive any pay for 
services at any district election. The returns shall be 
delivered to the secretary of the district and no list, tally- 
paper or returns from any election shall be set aside or 
rejected for want of form if it can be satisfactorily under- 
stood. The board of directors shall meet at its usual place of 
meeting on the second Monday after an election to canvass 
the returns and it shall proceed in the same manner and 
with like effect, as near as may be, as the board of county 
commissioners in canvassing the returns of general elections, 
and when it shall have declared the result the secretary shall 
make full entries in his record in like manner as is required 
of the county clerk in general elections. The board of 
directors must declare efected the person or persons having 
the highest number of votes given for each office. The sec- 
retary shall immediately make out and deliver to such per- 
son or persons a certificate of election signed by him and 
authenticated with the seal of the board. Within ten days 
after receiving the certificate of his election, each director 
shall take and subscribe to an official oath and file the same 
with the secretanr of the board of directors. Each member 
of said board of directors shall execute an official bond in 
the sum of fifteen thousand dollars ($15,000), which shall be 
approved by the judge of the district court in and for the 
county where such organization is effected. Such bonds 
shall be recorded in the office of the county recorder and 
filed with the secretary of the board. 

SEC. 8. Any person, male or female, of the age of 21 years 
or over, whether a resident of the district or not, who is or 
has declared his intention to become a citizen of the United 
States and who is a bona-fide holder of title, or evidence of 



title, as defined in section 1 hereof, to land situated in the 
district, shall be entitled to one vote at any election held 
under the provisions of this act, and shall be held to be 
referred to whenever the words elector or electors are used 
herein. Any elector residing outside of the district owning 
land in the district and qualified to vote at district elections 
shall be considered as a resident of that division and precinct 
of the district in which the major portion of his lands are 
located f- the purpose of determining his place of voting 
and qualifications for holding office. A guardian, executor 
or administrator shall be considered as the holder of title 
or evidence of title as prescribed in section 1 hereof to the 
land in the estate for which he is such guardian, executor, or 
administrator, and shall have the right to sign petitions, vote 
and do all things that any elector may or can do under this 
act. Corporations holding land in the district shall be con- 
sidered as persons entitled to exercise all the rights of natural 
persons and the president of the corporation, or other person 
duly authorized by the president or vice-president in writ- 
ing, may sign any petition authorized by this act or cast the 
vote of the corporation at any election. 

SEC. 9. The officers of such district shall consist of three, 
five, or seven directors, as aforesaid, a president and vice- 
president elected from their number, a secretary and a 
treasurer. The secretary and treasurer shall be appointed 
by the board of directors and may or may not be members of 
said board. Such officers shall serve at the will of the board. 
One person may be appointed to serve as secretary and 
treasurer. The board of directors shall designate some place 
within the county where the organization of the district was 
effected as the office of the board and the board shall hold a 
regular monthly meeting in its office on the first Monday in 
every month and such special meetings as may be required 
for the proper transaction of business; provided, that all 
special meetings must be called by the president or a major- 
ity of the board. The order calling such special meeting shall 
be entered of record, and the secretary shall give each mem- 
ber not joining in the order five days' notice of such special 
meeting. The order must specify the business to be trans- 
acted at such special meeting, and none other than that- 
specified shall be transacted. Whenever all members of the 
board are present at a meeting the same shall be deemed a 
legal meeting and any lawful business may be transacted. 
All meetings of the board shall be public and a majority of 
the members shall constitute a quorum for the transaction of 
business, but on all questions requiring a vote there shall be 
a concurrence of at least a majority of the members of the 
board. All records of the board shall be open to the inspec- 
tion of any elector during business hours. On the first 
Monday in May next following their election, the board of 
directors shall meet and organize, elect a president and vice- 
president and appoint a secretary and treasurer. The 



appointees aforesaid shall file bonds which shall In- approved 
by the board, for the faithful performance of their duties. 
Any vacancies in the office of director shall be filled from the 
division in which the vacancy occurs by the remaining mem- 
bers of the board. A director appointed to fill a vacancy, as 
above provided, shall hold his office for the unexpired term 
of his predecessor in office, and until his successor is elected 
and qualifies. 

SEC. 10. The board of directors shall have power to 
manage and conduct the business and affairs of the district, 
to make and execute all necessary contracts, to employ and 
appoint such agents, officers, and employees as may be 
required and prescribe their duties, and to establish by-laws, 
rules and regulations for the distribution and use of water 
in the district. Said by-laws, rules, and regulations shall be 
printed in convenient form for distribution throughout the 
district. For the purpose of acquiring control over govern- 
ment lands within the district, and of complying with the 
provisions of the aforesaid act of Congress of August 11, 
1916, the board shall have power to make such investigation 
and base thereon such representations and assurances to the 
secretary of the interior as may be requisite. The board and 
its agents and employees shall have the right to enter upon 
any land to make surveys, and may locate the necessary irri- 
gation and other works, and the lines of 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, either by purchase, con- 
demnation, or other legal means, all lands, rights, and other 
property necessary for the construction, use and supply, 
operation, maintenance, repair, and improvement of the 
works of the district, including canals and works constructed 
and being constructed by private owners, lands for reser- 
voirs for the storage of waters, and all other works and 
appurtenances, either within or without the State of Nevada. 
In case of purchase of property the bonds of the district 
hereinafter provided for may be used to their par value in 
payment. The board may appropriate water in accordance 
with the law, and also construct the necessary dams, reser- 
voirs, and works for the collection, storage, conservation and 
distribution of water for said district and for the drainage 
of the lands thereof, and do any and every lawful act neces- 
sary to be done in order to accomplish the things and pur- 
poses herein described. The collection, storage, conveyance, 
distribution and use of water by or through the works 
of irrigation districts heretofore or hereafter organized, 
together with the rights of way for canals and ditches, sites 
for reservoirs, and all other works and property required to 
fully carry out the provisions of this act, is hereby declared 
to be a public use. 

SEC. 11. The said board is hereby authorized and empow- 
ered to institute, maintain, and defend, in the name of the 



.: 10 

district, any and all actions and proceedings, suits at law, 
and in equity. 

SEC. 12. The members of the board of directors shall each 
receive five dollars per day and actual traveling expenses for 
each day spent attending meetings of said board or while 
engaged in official business under the order of the board. 
The board shall fix the compensation to be paid to the other 
officers named in this act; provided, that said board shall, 
upon the petition of a majority of the electors within such 
district, submit to the electors at any general election of said 
district a schedule of salaries and fees to be paid the direc- 
tors and officers thereof. Such petitions shall be presented to 
the board twenty days prior to such general election and a 
schedule fee submitted upon a two-thirds vote therefor shall 
be put into effect upon the first of the month next ensuing. 

SEC. 13. No director or any other officer named in this 
act shall in any manner be interested, directly or indirectly, 
in any contract awarded by the board, or in the profits to 
be derived therefrom ; and for any violation of this provi- 
sion such officer shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall suffer 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 
to exceed six months or by both such fine and imprisonment. 

SEC. 14. 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 ; provided, that for the purpose of 
organization, or for any of the purposes of this act, the board 
of directors may, before the collection of the first assessment, 
incur an indebtedness not exceeding in the aggregate the 
sum of three thousand dollars, and may cause warrants of 
the district to issue therefor, bearing interest at six per cent 
per annum, and the directors shall have the right and power 
to levy an assessment of not to exceed ten (10) cents per 
acre on all lands in said district for the payment of such 
expenses. Thereafter the directors shall have the right and 
power to levy an assessment, annually, in the absence of 
assessments therefor under any of the other provisions of 
this act of not to exceed ten (10) cents per acre on all lands 
in said district for the payment of the ordinary and current 
expenses of the district, including salaries of officers and other 
incidental expenses. Such assessments shall be collected as 
in this act provided for the collection of other assessments. 

SEC. 15. As soon as practicable after the organization of 
a district the board of directors shall, by a resolution entered 
on its records, formulate a general plan of its proposed 
operations in which it shall state what constructed works or 
other property it proposes to purchase and the cost of pur- 
chasing the same, and also what construction work it pro- 
poses to do, and how it proposes to raise the funds for 



11 

carrying out such general plan. The board shall cause such 
.surveys and examinations to be made as will furnish a proper 
luisis for an estimate of the cost of carrying out the con- 
struction work. All such surveys, examinations, maps, plans, 
and estimates shall be made under the direction of a com- 
petent irrigation engineer and certified by him. Upon 
receiving his report the board shall proceed to determine the 
amount of money necessary to be raised for the purchase of 
property and construction of works, and shall immediately 
thereafter call a special election at which shall be submitted 
to the electors of said district possessing the qualifications 
prescribed by this act the question whether or not the 
expense shall be authorized and whether by bond issue or 
otherwise. Notice of such election must be given by posting 
notices in three public places in each election precinct in the 
district for three weeks before the date of election, and the 
publication thereof for three weeks in some newspaper pub- 
lished in the county where the district was organized. Such 
notice shall specify the time of holding the election, the 
amount of bonds proposed to be issued, and shall state in 
substance that such plans and estimates as have been made 
are on file for inspection by the electors of the district at 
the office of the board. 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, and no informali- 
ties in conducting such an election shall invalidate the same 
if it shall have been otherwise fairly conducted. At such 

an election the ballot shall contain the words " 

(Question) Yes," or " (Question) No," or 

words equivalent thereto. If two-thirds or more of the 
votes cast are "Yes," the board of directors shall be author- 
ized to incur the expense, and if a bond issue be authorized 
shall cause bonds in the amount authorized to be issued. If 
more than one-third of the votes cast at any bond election 
are "No," the result of such election shall be so declared and 
entered of record. Thereafter, whenever said board in its 
judgment deems it for the best interest of the district that 
the question of the issuance of bonds in such amount, or in 
any other amount, shall be submitted to the electors it shall 
so declare of record in its minutes, and may thereupon sub- 
mit such question to said electors in the same manner* and 
with like effect as at such previous election, but no question 
shall be resubmitted to the electors within one year after 
the same has been voted upon and rejected. 

SEC. 16. The bonds authorized by vote shall be designated 
as a series, and the series shall be numbered consecutively as 
authorized. The portion of the bonds of the series sold at 
any time shall be designated as an issue and each issue shall 
be numbered in its order. The bonds of such issue shall be 
numbered consecutively, commencing with those earliest fall- 
ing due, and they shall be designated as eleven-year bonds, 
twelve-year bonds, etc. They shall be negotiable in form, 



12 

and payable in money of the United States as follows, to 
wit: At the expiration of eleven years from each issue, five 
per cent of the whole number of bonds of such issue ; at the 
expiration of twelve years, six per cent ; at the expiration of 
thirteen years, seven per cent ; at the expiration of fourteen 
years, eight per cent ; at the expiration of fifteen years, nine 
per cent ; at the expiration of sixteen years, ten per cent ; 
at the expiration of seventeen years, eleven per cent ; at the 
expiration of eighteen years, thirteen per cent ; at the expira- 
tion of nineteen years, fifteen per cent ; at the expiration of 
twenty years, sixteen per cent; provided, that such per- 
centage may be changed sufficiently so that every bond shall 
be in the amount of one hundred dollars, or a multiple 
thereof, and the above provisions shall not be construed to 
require any single bond to fall due in partial payments. 
Interest coupons shall be attached thereto, and all bonds and 
coupons shall be dated on January 1, or July 1, next follow- 
ing the date of their authorization, and they shall bear 
interest at the rate of not to exceed six per cent per annum, 
payable semiannually on the first day of January and July 
of each year. The principal and interest shall be payable at 
the place designated therein. Said bonds shall be each of a 
denomination of not less than one hundred dollars, nor more 
than one thousand dollars, and shall be signed by the presi- 
dent and secretary, and the seal of the district shall be affixed 
thereto. Coupons attached to each bond shall be signed by 
the secretary. Said bonds shall express on their face that 
they were issued by the authority of this act, naming it, and 
shall also state the number of the issue of which said bonds 
are a part. The secretary and the treasurer shall each keep 
a record of the bonds sold, their number, the date of sale, the 
price received, and the name of the purchaser. In case the 
money raised by the sale of all the bonds be insufficient for 
the completion of the plans and works adopted, and addi- 
tional bonds be not voted, it shall be the duty of the board of 
directors to provide for the completion of said plan by levy 
or assessment therefor; provided, further, that when the 
money obtained by any previous issue of bonds has become 
exhausted by expenditures herein authorized, and it becomes 
necessary to raise additional moneys to carry out the adopted 
plan, additional bonds may be issued if authorized at an 
election for that purpose, which election shall be called and 
otherwise conducted in accordance with the provisions of 
this act in respect to an original issue of bonds. The lien for 
taxes for the payment of interest and principal of any bond 
issue shall be a prior lien to that of any subsequent bond 
issue. The time for the issuance and maturity of the bonds 
and the manner of their payment may be otherwise deter- 
mined and directed, if submitted to a vote, by the electors of 
said district at the election authorizing the said bonds. 

SEC. 17. Whenever the electors shall have authorized an 
issue of bonds, as hereinbefore provided, the board of direc- 
tors shall examine each tract or legal subdivision of land in 



13 

tin- district, and shall determine the benetits which will accrue 
to each of such tracts or subdivisions from the construction or 
purchase of the works proposed for the district; and the 
costs of such works shall be apportioned or distributed over 
such tracts or subdivisions of land in proportion to such 
benefits. The board shall make, or cause to be made, a list of 
such apportionment or distribution, which list shall contain a 
complete description of each subdivision or tract of land of 
such district with the amount and rate per acre of such 
apportionment or distribution, and the name of the owner 
thereof, or it may prepare a map on a convenient scale show- 
ing each of said subdivisions or tracts with the rate per acre 
of such apportionment entered thereon ; provided, that where 
all or any portion of the lands are assessed by said board at 
the same rate a general statement to that effect shall be suffi- 
cient. Said list or map shall be made in duplicate, and one 
copy of each shall be filed in the office of the state engineer, 
and the original shall remain in the office of the board of direc- 
tors. Whenever thereafter an assessment is made, either in 
lieu of bonds, or an annual assessment for raising the interest 
on bonds, or any portion of the principal, or the expenses of 
maintaining the property of the district, or any special 
assessment voted by the electors, it shall be spread upon the 
lands in the same proportion as the assessments of benefits, 
and the whole amount of the assessments of benefits shall 
equal the amount of bonds or other obligations authorized at 
the election last above mentioned ; provided always, that the 
benefits arising from the undertakings for which special 
assessments are made may be distributed equally over the 
lands, or especially apportioned, when such course is author- 
ized in the election therefor, and that assessments or tolls and 
charges may be made or imposed as hereinafter provided, 
when coming within the designation of operation and main- 
tenance charges, by way of a minimum stated charge per 
acre whether water is used or not, and a charge for water 
used in excess of the amount delivered for the minimum 
charge, or such other reasonable method of fixing or collect- 
ing the operation and maintenance charge as the board of 
directors may adopt. Where drainage works are to be con- 
structed, benefits may be apportioned to higher lands not 
then actually requiring drainage by reason of the fact that 
their irrigation contributes water which must be carried off 
or away from the lower lands. 

SEC. 18. Before final action upon the apportionment of 
benefits provided for in the last preceding section, the board 
shall publish notice for two weeks in a newspaper published 
in the county in which the organization was effected that it 
will meet at its office on the day stated in said notice for the 
purpose of reviewing such apportionment of benefits. At 
such meeting the board shall proceed to hear all parties inter- 
ested who may appear, and it shall continue in session from 
day to day until the apportionment is completed. It shall 
hear and receive all evidence offered, including any maps or 



14 

surveys which any owners of lands may produce, and may 
classify the lands in such a way that the assessment when 
completed shall be just and equitable. Any person interested 
who shall fail to appear before the board shall not be per- 
mitted thereafter to contest said apportionment, or any 
assessment thereunder, except upon a special application to 
the court in the proceeding for confirmation of said appor- 
tionment, showing reasonable excuse for failing to appear 
before the board. In case any* elector makes objection to 
said apportionment before said board, and said objection is 
overruled and such elector does not consent to the appor- 
tionment as finally determined, such objection shall, without 
further proceedings, be heard at the confirmation proceed- 
ings herein provided for. 

SEC. 19. The board of directors of the district shall file 
with the clerk of the district court in and for the county in 
which its office is situated, a petition praying in effect that 
the proceedings aforesaid be examined, approved and con- 
firmed by the court. The petition shall state generally that 
the irrigation district was duly organized and the first board 
of directors elected, that due and legal proceedings were 
taken to issue bonds, stating the amount thereof, and that 
an apportionment of benefits was made by the board and a 
list thereof duly filed according to law. A list of the appor- 
tionment shall be attached to said petition, but the petition 
need not state other facts. Such petition for confirmation 
of the proceedings thus far had may be filed after the 
organization of the district is complete, or after the authoriza- 
tion of any issue of bonds, or after any other undertaking of 
the district. The court or judge shall fix the time and place 
for the hearing of any such petition, and the clerk shall 
publish a notice thereof for two consecutive weeks in a news- 
paper published in the county. Any person interested may 
on or before the day fixed for said hearing answer said peti- 
tion. None of the pleadings need be sworn to, and every 
material statement of the petition not controverted by answer 
shall be taken as true. A failure to answer the petition shall 
be deemed to be an admission of the material allegations 
thereof. The rules of pleading and practice provided by the 
civil practice act of this state shall be followed so far as 
applicable. A motion for a new trial, and all proceedings in 
the nature of appeals or rehearings, may be had as in any 
ordinary civil action. 

SEC. 20. Upon the hearing of such petition, the court 
shall examine all the proceedings sought to be confirmed and 
may ratify, approve and confirm the same or any part 
thereof ; and when an apportionment of benefits is examined 
all objections thereto, including those made at the hearing 
before the board, shall be set up in the answer and heard 
by the court. The court shall disregard every error, irregu- 
larity or omission which does not affect the substantial rights 
of any party, and if the court shall find that the apportion- 
ment is as to any substantial matter erroneous or unjust, the 



15 

same shall not be returned to the board, but the court shall 
proceed to correct the same so as to conform to this act and 
the rights of all parlies in the premises, and the final judg- 
ment may approve and confirm such proceedings in whole or 
in part. In case of the approval of the organization of the 
district and the disapproval of the proceedings for issuing 
bonds the district may again undertake proceedings for 
the issuance of bonds and have the same confirmed as herein 
provided. The cost of the proceedings in court may be 
allowed and apportioned among the parties thereto in the 
discretion of the court. 

SEC. 21. The board may sell bonds from time to time in 
such quantities as may be necessary and most advantageous 
to raise money for the construction of works and the acquisi- 
tion of property and rights and to otherwise carry out the 
objects and purposes of this act. Before making any sale 
the board shall by resolution declare its intention to sell a 
specific number and amount of bonds, and if said bonds can 
be sold at par with accrued interest they may be disposed 
of without advertising; otherwise notice shall be published 
for three weeks in a newspaper in the county in which the 
office of the district is situated, and in such other newspaper 
in or outside of the state as the board may deem expedient, 
that sealed proposals will be received at its office on or before 
a day and hour set in said notice for the purchase of said 
bonds. At the time appointed the board shall publicly open 
the proposals, and sell the bonds to the highest responsible 
bidder, or it may reject all bids; but in case no bids are 
received, or all bids are rejected, it shall not again be neces- 
sary to advertise the sale thereof, but they may be sold at 
any time until canceled ; provided, that the said board shall 
in no event sell any of the bonds for less than ninety (90) 
per cent of the par value thereof and accrued interest. If for 
any reason the bonds of a district cannot be sold, or if at 
any time it shall be deemed for the best interests of the dis- 
trict to withdraw from sale all or any portion of an author- 
ized bond issue, the board of directors may, in its discretion, 
cancel the same and levy assessments in the amount of the 
bonds canceled; provided, that the revenue derived from 
said assessments must be employed for the same purpose as 
was contemplated by the bond authorization, but no levy 
shall be made to pay for work or material, payment for 
which was contemplated by bonds which have been author- 
ized, until bonds to the amount of said assessments have been 
canceled. Assessments made in lieu of bonds canceled shall 
be collected in the same manner and shall have the same force 
and effect as other assesments levied under the provisions 
of this act; provided, that such assessments shall not dur- 
ing any one year exceed ten per cent of the total bond issue 
authorized by such district, unless a greater assessment shall 
be authorized by a majority vote of the qualified electors 
of the district voting at a general election or a special elec- 
tion called for that purpose. 



16 

SEC. 22. Said bonds and the interest thereon shall be paid 
by revenue derived from the annual assessment upon the 
lands in the district ; and all the land in the district shall be 
and remain liable to be assessed for such payment in accord 
with the apportionment of benefits as in this act provided. 

SEC. 23. The following funds are hereby created and 
established, to which the moneys properly belonging shall be 
apportioned, to wit : Construction fund, bond fund, and gen- 
eral fund. Moneys accruing from the sale of bonds, and from 
any assessments levied for. the direct payment of cost of con- 
struction, purchase of property, or other undertakings for 
which bonds may be issued, shall be deposited and kept in the 
construction fund. Moneys accruing from assessments levied 
for the payment of interest and principal on bonds shall be 
deposited and kept in the bond fund. All other moneys, 
including those realized from assessments, or, as the case 
may be, from tolls and charges levied or imposed for defray- 
ing the organization and current expense of the district, and 
expenses and cost of the care, operation, maintenance, man- 
agement, repair, and necessary current improvement or 
replacement of existing works and property, including 
salaries and wages of officers and employees and other proper 
incidental expenditures, shall be deposited and kept in the 
general fund. The treasurer of the district is hereby author- 
ized and required to receive and receipt for and to collect the 
moneys accruing to the several funds above named, and to 
place the same to the credit of the district in the appropriate 
fund. Said treasurer shall be responsible upon his official 
bond for the safe-keeping and disbursement of the moneys in 
such funds. Interest coupons shall be paid by him as in this 
act provided. The board may establish rules and regulations 
and prescribe the conditions under which the treasurer may 
make disbursements from the general fund, but no other pay- 
ments from any of the funds above named shall be made by 
the treasurer except upon vouchers signed by the president 
and secretary authorized by order of the board. The county 
treasurer or treasurers who are required by this act to collect 
assessments levied by the district are hereby authorized to 
turn over to the treasurer of the district all moneys so col- 
lected and to take his receipt therefor. Such district treas- 
urer shall report to the board in writing on the first Monday 
in each month the amount of money in the several funds 
aforesaid and the amounts received and paid out in the pre- 
ceding month, and the treasurer shall make such other report 
and accounting as the board may require. Such reports shall 
be verified and filed with the secretary of the board. 

SEC. 24. The treasurer, upon the presentation of interest 
coupons when due, shall pay the same from the bond fund. 
Whenever after ten years from the issuance of bonds said fund 
shall amount to the sum of ten thousand dollars, 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 liquida- 



17 

tion, a ft IT advertising for at least three weeks in SOUK- news- 
paper published in tin* county in which the office of the 
district is located, and in such other newspapers as the board 
may deem advisable, for sealed proposals for the redemption 
of such bonds. Such proposals shall be opened by the board 
in open meeting at a time to be named in the notice, and the 
lowest bid or bids shall be accepted ; provided, that no bonds 
shall be redeemed at a rate above par. In ease two or more 
bids are equal the lowest-numbered bond shall have the pref- 
erence, and if any of said bonds are not so redeemed, that 
amount of the redemption money shall be invested by the 
treasurer under the direction of the board in United States 
bonds or the bonds or warrants of the state or municipal 
or school bonds, and such bonds and the proceeds therefrom 
shall belong 1 to the bond fund. 

SEC. 25. The secretary of the board of directors shall be 
the assessor of the district and on or before August fifteenth 
of each year shall prepare an assessment book containing a 
full and accurate list and description of all the land of the 
district, and a list of the persons who own, claim or have 
possession or control thereof during said year, giving the 
number of acres listed to each person. If the name of the 
person owning, claiming, possessing, or controlling any tract 
of said land is not known, it shall be listed to "unknown 
owner." 

SEC. 26. The board shall meet on the first Monday in 
September of each year to correct assessments and the secre- 
tary shall publish notice of such meeting for two weeks in a 
iie\vspaper published in the county in which the district was 
organized. In the meantime the assessment book or books 
shall remain in the office of the secretary for the inspection 
of all parties interested. The board of directors, which is 
hereby constituted a board of correction for the purpose, 
shall meet and continue from day to day as long as may be 
necessary, not to exceed five days, exclusive of holidays, and 
may make such changes in said assessment book or books as 
may be necessary to have it conform to the facts. Within ten 
days after the close of said session the secretary of the board 
shall have the corrected assessment book or books completed. 

SEC. 27. At its regular meeting in October the board of 
directors shall levy an assessment upon the lands in said 
district in accordance with the provisions of this act, which 
assessment shall be sufficient to raise the annual interest 
on the outstanding bonds. At the expiration of ten years 
after a bond issue or such other period as may be author- 
ized, the board must increase said assessment as may be 
necessary from year to year to raise a sum sufficient to pay 
the principal of the outstanding bonds of that issue as they 
mature. The secretary of the board shall compute and enter 
in a separate column of the assessment book or books the 
respective sums to be paid as an assessment on the property 
therein enumerated. Except as otherwise provided herein, 
assessments made for any of the other purposes of this act 



18 

shall be made and levied as above provided and entered in 
appropriate columns of the assessment book or books. 

SEC. 28. An assessment is a lien against the property 
assessed from and after the first Monday in March of the suc- 
ceeding year. The lien of the bonds of any issue shall be a 
preferred lien to that of any subsequent issue, and such lien 
is not removed until the assessments are paid or the property 
sold for the payment thereof. 

SEC. 29. An assessment book shall be made up for the 
lands in each county in which the district is situated and 
the secretary of the board of directors shall forthwith 
certify the same to the county auditor or county auditors, 
as the case may be, who shall enter such assessments in the 
tax rolls of such county or counties. The assessments when 
levied and enrolled shall become due and delinquent at the 
same time and be subject to the same penalties and shall be 
collected by the same officers and in the same manner as state 
and county taxes. The county auditor, district attorney, 
clerk and treasurer shall do and perform all acts necessary 
to accomplish the collection of the same with penalties and 
the sale for delinquency and redemption of the lands involved. 

SEC. 30. After adopting a plan for such works as are 
proposed, and then there is sufficient money in the construc- 
tion fund as aforesaid, the board of directors shall cause 
notice to be given by the secretary by publication thereof 
for not less than two weeks in a newspaper published in 
the county in which the district was organized, and in such 
other publications or newspapers as it may deem advisable, 
calling for bids for the construction of such works, or any 
portion thereof. If less than the whole work is advertised 
then the portions so advertised must be particularly described 
in such notice. The notice shall set forth that the plans and 
specifications can be seen at the office of the board, that the 
board will receive sealed proposals for the construction of 
the proposed works and that a contract therefor will be let 
to the lowest responsible bidder, subject to the right of the 
board to reject any and all bids, stating the time and place 
for opening the bids. At the time and place appointed the 
bids shall be opened in public and as soon as convenient 
thereafter the board shall accept a bid or bids and contract 
for the construction of the works, either in portions or as a 
whole, or it may reject any and all bids and readvertise for 
proposals. Contracts for the purchase of material shall be 
entered into in the same manner, but if no reasonable bid is 
received the material may be purchased without advertise- 
ment. Any person or persons to whom a contract may be 
awarded shall enter into a bond in favor of the district with 
good and sufficient sureties, to be approved by the board 
for not less than 20 per cent of the amount of the contract 
price, conditioned upon the faithful performance of said con- 
tract. The work shall be done under the direction and to the 
satisfaction of the engineer employed by the district and 
approved by the board; provided, that no contract of any 



19 

kind shall be let by said board of directors unless there is 
sufficient money in the district treasury at the time such 
contract is let to fully pay for the work or material so con- 
tracted for. 

SEC. 31. On the petition of a majority of the electors of the 
district, the board of directors may do any work mentioned 
in the preceding section on behalf of the district without call- 
in jr for bids, and it may use the construction fund therefor. 

SEC. 32. The cost and expense of purchasing and acquir- 
ing property, and of constructing works to carry out the 
formulated plan or plans, whether for irrigation or drainage 
or both, or for the improvement or supplementing of existing 
works, except as otherwise provided herein, shall be paid out 
of the construction fund. For the purpose of defraying the 
organization and current expense of the district, and of the 
care, operation, maintenance, management, repair, and neces- 
sary current improvement or replacement of existing works 
and property, including salaries and wages of officers and 
employees and other proper incidental expenditures, the 
board may fix rates of tolls or charges, and provide for the 
collection thereof by the district treasurer as operation and 
maintenance, or some like designation, or may levy assess- 
ments therefor, or for a portion thereof, collecting the balance 
as tolls or charges as aforesaid. In this relation provision 
may be made by the board for the fixing, levying and collec- 
tion of a minimum, flat, or stated operation and maintenance 
assessment, toll, or charge per acre, whether water is used 
or not, and a further operation and maintenance toll or 
charge for water used in excess of the amount delivered for 
the minimum charge ; or the board may adopt other reason- 
able methods of fixing and collecting the operation and main- 
tenance charges. Assessments, tolls, and charges may be 
collected in advance, and the assessment aforesaid, and such 
tolls and charges, may be based upon an estimate of the 
operation and maintenance revenue required for the current 
or ensuing year ; to be adjusted as near as may be from year 
to year. Water service may be refused and water delivery 
may be shut off whenever there is a default in the payment 
of operation and maintenance, but all other legal remedies 
shall also be available for the enforcement of the debt. The 
tolls and charges shall be collected by the treasurer and 
deposited in the general fund, and he shall account therefor 
and disburse the same as in this act provided. 

SEC. 33. The board of directors shall have the power to 
construct the works of the district across any stream of 
water, watercourse, street, avenue, highway, railway, canal, 
ditch or flume, in such manner as to afford security for life 
and property ; but said board shall restore the same when 
so crossed or intersected to their former state as near as may 
be or in a manner not unnecessarily impairing its usefulness; 
and if a railroad company or those in control of the prop- 
erty, thing or franchise to be crossed cannot agree with the 
board upon the amount to be paid, or upon the point or 



20 

points or the manner of crossing or intersecting, the same 
shall be ascertained and determined as herein provided in 
respect to the taking of land. 

SEC. 34. The right of way is hereby given, dedicated and 
set apart, to locate, construct, operate, and maintain the 
works of the district over and through any of the lands 
which are now or may be the property of the state. 

SEC. 35. All irrigation districts organized under the laws 
of the State of Nevada shall have the right of eminent domain 
with the power by and through their board of directors to 
cause to be condemned and appropriated in the name of and 
for the use of said districts all reservoirs, canals, and works, 
with their appurtenances, constructed for the irrigation or 
drainage of any lands within the district for uses inciden- 
tal thereto, and all lands required therefor, and all lands and 
rights of way required for the works constructed, or to be 
constructed, or which may be acquired by the district, and 
all necessary appurtenances and other property and rights 
necessary for the construction, operation, maintenance, 
repair, and improvement of said works. Such districts shall 
have the right by and through their boards of directors to 
acquire by purchase or other legal means any or all of the 
property mentioned and referred to in this section. In any 
action or proceedings for the condemnation of any such 
property wherein an irrigation district is plaintiff such dis- 
trict, within six months after final judgment, shall pay the 
amount awarded in the judgment or said judgment will be 
annulled. Except as otherwise provided in this act, the pro- 
visions of the laws of Nevada relative to the right of eminent 
domain, civil actions, new trials and appeals, shall be appli- 
cable to and constitute the rules of practice in condemnation 
proceedings by irrigation districts. 

SEC. 36. The holder or holders of any title or evidence of 
title, as defined in section 1 hereof, representing one-half or 
more of any body of lands adjacent to or in the vicinity of an 
irrigation district, which are susceptible of irrigation or 
drainage, as the case may be, or both, by the district system, 
or combined systems of works, may file with the board of 
directors of the district a petition, in writing, praying that 
said land may be annexed. The petition shall describe the 
land and also describe the several parcels owned by petitioners. 

SEC. 37. The secretary shall cause a notice of the filing of 
such petition to be published two weeks in a newspaper pub- 
lished in the county where the district was organized. The 
notice shall state the filing of such petition, the names of the 
petitioners, and contain a description of the lands mentioned 
in the petition, sufficient to identify the same, and it shall 
notify all persons interested in or that may be affected by 
such change of boundaries of the district to appear at the 
office of the board at a time named in said notice and show 
cause in writing, if any they have, why the lands mentioned 
should not be annexed to said district. The petitioner or peti- 



21 

tinners shall advance to the district treasurer sufficient money 
to pay the estimated cost of these proceedings. 

SKC. ;JS. The hoard of directors, at the time mentioned in 
said notice, or at such other time to which the hearing may be 
adjourned, shall hear the petition and all the objections 
thereto. The failure of any person to show cause as aforesaid 
shall be taken as an assent on his part to a change of the 
boundaries of the district so as to include the whole or part 
of the land mentioned in the petition. 

SEC. 39. The board of directors may require as a condi- 
tion to the granting of said petition that the petitioners shall 
pay to tlie district such sums as nearly as the same can be 
estimated as said petitioners or their grantors would there- 
tofore have been required to pay had such lands been 
included in such district at the time the same was originally 
organized. 

SEC. 40. The board of directors, if they deem it not for the 
best interests of the district to include therein the lands men- 
tioned in the petition shall reject the same. But if the board 
deem it for the best interests of the district, and if no person 
interested shall show cause why the proposed change be not 
made, or if having shown cause withdraws the same, the board 
may order, without any election, that the lands mentioned in 
said petition or any part thereof be annexed to the district. 
The order shall describe the lands so annexed, and the board 
shall cause a survey thereof to be made if deemed necessary. 

SEC. 41. If any person interested shall object as afore- 
said and shall not withdraw the same, and if the board deem 
it for the best interests of the district to include the lands 
mentioned in said objection, or some part thereof, the board 
shall adopt a resolution to that effect. The resolution shall 
describe the lands proposed to be included in the district. 

SEC. 42. 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 lands described in said resolution shall be annexed to 
the district, and shall fix the time at which such election shall 
be held. Notice thereof shall be published, and such election 
shall be held, and all things pertaining thereto conducted 
in the manner prescribed by this act in case of an election 
to determine whether bonds of the district shall be issued. 
The ballots cast at such election shall contain the words "for 
annexation," or "against annexation," or expressions equiva- 
lent thereto. The notice of election shall describe the lands 
proposed to be annexed to the district. 

SEC. 43. If at such election a majority of all the votes cast 
shall be against annexation the board shall proceed no further 
in the matter ; but if a majority of such votes be in favor of 
annexation the board shall thereupon order that the boun- 
daries of the district be changed to include the lands to be so 
annexed and cause a copy of such order, together with a plat 
of said lands, each certified to by the secretary of the board, 
to be filed for record in the office of the county recorder of the 



22 

county or counties in which such lands are situated. The 
order shall describe the land so annexed and thereafter such 
lands shall be subject to all the provisions of this act. Imme- 
diately after the filing for record of the order annexing said 
lands the directors shall state on their minutes to which divi- 
sion or divisions in said district the lands shall be attached, 
or may redivide the district to accommodate said lands. 

SEC. 44. The holder or holders of title, or evidence of 
title, as described in section 1 hereof, may file with the board 
of directors a petition, in writing, praying that the boun- 
daries of said district be so changed as to exclude the lands 
described therein. The petition shall describe the boundaries 
of the several parcels owned by the petitioners and shall state 
the reasons for the exclusion prayed for. The board of direc- 
tors shall cause the land described in such petition to be sur- 
veyed and reported upon by a competent irrigation engineer, 
and if the board shall then find said lands to be of such 
character as to prevent their receiving benefits from the 
existing or proposed works, the board shall make an order 
changing the boundaries of said district so as to exclude the 
land described in said petition. If lands are excluded as in 
this section provided a copy of the order excluding same, 
with a plat of land excluded, each certified by the secretary 
of the board, shall be filed for record in the office of the 
county recorder of the county or counties in which such lands 
arc situated. If said petition be denied, the signers thereof 
shall be liable to the district for the full amount of cost of 
the proceedings and survey of said lands. 

SEC. 45. No state lands shall become a part of an irriga- 
tion district except by the consent of the state land register, 
who is hereby authorized to consent thereto on behalf of the 
state in writing when in his judgment, with the advice of 
the state engineer, such lands will be benefited by inclusion 
in the district. Such consent may be indicated by signing a 
petition for organization or annexation as in this act pro- 
vided. District assessments, charges, and tolls against said 
lands shall not be assessed as taxes, but shall be billed to the 
state land register, who shall voucher the same to the appro- 
priate officer or officers for payment, and such officer or 
officers are hereby authorized to pay the same out of any 
state funds not otherwise appropriated. Contracts for the 
sale of such lands shall be conditioned upon the payment by 
the purchaser of such assessments, charges and tolls, and 
upon cancelation of such contracts payments due the district 
shall be made by the state as above provided. 

SEC. 46. Vested interests in or to structures, works and 
property or water rights owned or used in connection with 
mining or power development shall never be affected by or 
taken under the provisions of this act, saving and excepting 
that rights of way may be acquired by the district over or 
across such works or property. 

SEC. 47. Upon the filing of a petition in the district court 



23 

setting forth that an irrigation district should be forthwith 
dissolved, such petition to be signed by at least a majority of 
the electors owning at least two-thirds of the land in said 
district, the court shall make its order setting said petition 
for hearing, giving at least three weeks notice by publica- 
tion in a newspaper published in the county in which the 
district was organi/ed; provided, that before the order can 
be entered dissolving the district the directors must show 
that the district does not owe any money nor that there are 
any outstanding bonds of the district or other evidence of 
indebtedness. Upon a proper showing 1 being made, the court 
shall enter its order dissolving such irrigation district. 

SEC. 48. The board of directors of a district may at any 
time when deemed advisable call a special election and sub- 
mit 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 pur- 
poses provided in this act. Such election shall be called and 
the same shall be held and the result thereof determined and 
declared in all respects in conformity with the provisions of 
this act in respect to bond elections. The notice shall specify 
the amount of money proposed to be raised and the purpose 
for which it is intended to be used, and whether an equal 
rate of assessment or a special apportionment of benefits 
is to be made in that relation if either is proposed. At 
such election 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 immedi- 
ately proceed to apportion the benefits, if such apportionment 
is to be made, and to levy an assessment sufficient to raise the 
amount voted. The assessment so levied shall be entered in 
the assessment book or books by the secretary of the board 
and collected in the same manner as other assessments pro- 
vided for herein and when received by the treasurer of the 
district shall be deposited and kept in the construction fund. 
At such an election there may be submitted the proposition 
of authorizing the board of directors to levy each year for a 
stated number of years assessments not exceeding a stated 
amount per acre for the purpose of providing a fund from 
which repairs may be made and replacement and extensions 
of existing works may be constructed and paid for as the 
necessity for same arises. In such case plans and specifica- 
tions need not be made in advance a general description of 
the contemplated undertaking shall be sufficient. If said 
proposition be carried by two-thirds of the electors the board 
shall be authorized to levy such assessment and same shall be 
collected as are other assessments under this act. Moneys 
realized from such assessments shall be deposited and kept in 
the general fund and disbursed by the treasurer in accord 
with the direction of the board or rules and regulations estab- 
lished by it. 

SKC. 49. Any one of the several divisions of a district may 
provide for the construction of local drains, laterals or other 



24 

improvements, or the replacement or extension of existing 1 
works or structures, the benefits of which are limited to such 
division, in the following manner: Upon presentation to 
the board of directors of the district of a petition, signed by 
a majority of the electors of such division representing at 
least one-half of the total acreage thereof, describing in a 
general way the local matters proposed to be undertaken 
and naming two electors of such division for local directors 
thereof, the board of directors of the district shall consider 
such petition at a regular meeting and if it finds that the law 
has been complied with shall approve the same and appoint 
the electors named in the petition as members of the local 
board. One shall hold office until his successor is elected at 
the next biennial district election and qualifies, and the other 
until his successor is elected at the second biennial district 
election after his appointment and qualifies. The terms of 
such local directors shall be determined by lot and their 
successors shall be elected for four-year terms at the biennial 
elections. The said two local directors, with the director of 
the district from that division, shall constitute the local board 
of such division, and such board may provide for the local 
undertakings above named ; being hereby authorized for that 
purpose in so far as applicable to exercise the powers and 
perform the duties granted to or imposed upon the board of 
directors of the district in connection with its affairs. Such 
local board shall thereupon prepare plans and estimates of 
the local undertakings proposed to be accomplished by such 
division, stating therein whether the funds therefor are to be 
raised by a single special assessment or the said board is to 
be authorized to secure the necessary amounts by way of 
annual assessments extending over a stated number of years, 
and not in excess of a stated amount per acre; and if the 
latter method is to be used a general statement of the pur- 
poses for which the money is to be raised may be substituted 
for more explicit plans and estimates. Such plans and esti- 
mates or statement shall be filed with the secretary of the 
district, accompanied by a request of the local board that an 
election be called in the division to authorize the proposed 
special assessment or assessments and the construction of the 
proposed works; thereupon the secretary of the board shall 
give notice of the purpose, time and place of such election, 
naming the polling place, and inspectors and clerks of elec- 
tion suggested by the local board ; such notice to be published 
and election to be held, as near as may be, as provided in this 
act for an election for special assessments in the district. If 
such election fail of the required two-thirds vote of the elec- 
tors of the division, the terms of office of the local directors 
shall thereupon terminate and the said local board shall be 
dissolved. If the special assessment or assessments and con- 
struction of the proposed works be authorized at such elec- 
tion, the local board shall levy such assessments, or, as tin 1 
case may be, shall proceed to the levying of annual assess- 
ments, and a list of such assessments or the first annual 



25 

assessment, if to be made that year, shall be delivered to 
the treasurer of the district and by him entered in the assess- 
ment book or books thereof, and such assessment or assess- 
ments and the collection thereof shall thereafter take the 
course of assessments of the district as in this act provided. 
All of the above-described proceedings relating to the local 
undertakings of a division, including apportionment of bene- 
fits for undertakings authorized by special election, may be 
confirmed in court as a part of the confirmation proceedings, 
or upon petition of the board of directors of the division. 
Karh member of the local board of a division shall receive 
three dollars per day for each day in attending meetings of 
the board, or while engaged in official business under the 
order of the board. When the local undertakings above pro- 
vided for are accomplished and paid for, a showing to that 
effect shall be made to the board of directors of the district, 
and upon the approval thereof by such board the terms of 
office of the local directors shall terminate, and any moneys 
of such division in the district treasury shall be appropriately 
credited to the lands of the division in connection with future 
assessments against such lands. 

SEC. 50. At least as often as once a year after the approval 
of said plans the board of directors shall make a report to 
the state engineer of the progress of the work of the district 
and whether or not the plan formulated under the provisions 
of this act is being successfully carried out, and whether or 
not in the opinion of the board the funds available will com- 
plete the proposed works. Upon receipt of such report by 
the state engineer, he shall make such suggestions and recom- 
mendations to such board of directors as may be necessary 
to conserve the best interests of the district. 

SEC. 51. On or before the first Tuesday of February of 
each year the board of directors of each irrigation district 
shall publish in at least one issue of some newspaper pub- 
lished in the county where the office of the district is located 
a full, true, and correct statement of the financial condition 
of said district on the first day of that year, giving a state- 
ment of all liabilities and assets of the district. 

SEC. 52. The board of directors of each irrigation district, 
or the secretary thereof, shall at any time allow any member 
of the board of county commissioners, when acting under 
the order of such board, to have access to all books, records, 
and vouchers of the district which are in the possession or 
control of said board of directors or said secretary. 

SEC. 53. Water may be supplied by the district, or by a 
division thereof when a local board of such division is created 
and authorized, to towns within or in the vicinity of the dis- 
trict, and an appropriate charge made therefor, when such 
supply can be developed as an incident of or in connection 
with the works of the district or the local undertakings of a 
division. 

SEC. 54. In addition to the powers with which irrigation 
districts are or may be vested under the laws of the state, 



, 26 

irrigation districts shall have the following powers : To 
cooperate and contract with the United States under the 
federal reclamation act of June 17, 1902, and all acts amenda- 
tory thereof or supplemental thereto, or any other act of 
Congress heretofore or hereafter enacted authorizing or per- 
mitting such cooperation, and to cooperate and contract with 
the State of Nevada under any law heretofore or hereafter 
enacted authorizing or permitting such cooperation, for pur- 
poses of construction of works, whether for irrigation or 
drainage, or both, or for the acquisition, purchase, extension, 
operation, or maintenance of constructed works, or for a 
water supply, or for the assumption as principal or guaran- 
tor of indebtedness to the United States on account of dis- 
trict lands or for the collection of moneys due the United 
States as fiscal agents or otherwise. 

SEC. 55. The board of directors shall generally perform 
all such acts as shall be necessary to carry out the enlarged 
powers in the foregoing section enumerated. Said board may 
enter into obligations or contracts with the United States for 
the aforesaid purposes, and may provide therein for the deliv- 
ery and distribution of water to the lands of such district 
under the aforesaid acts of Congress and the rules and regu- 
lations established thereunder. The contract may provide for 
the conveyance to the United States as partial consideration 
for the privileges obtained by the district under said contract 
of water rights or other property of the district ; and in 
case contract has been or may hereafter be made with the 
United States as herein provided bonds of the district may 
be transferred to or deposited with the United States, if so 
provided by said contract and authorized as hereinafter set 
forth, at not less than ninety-five per cent of their par value 
to the amount to be paid by the district to the United States 
or any part thereof; the interest, or principal, or both, of 
said bonds to be raised by assessment and levy as hereinafter 
prescribed and to be regularly paid to the United States and 
applied as provided in said contract. Bonds transferred to 
or deposited with the United States may call for the payment 
of such interest, not exceeding six per cent per annum, 
may be of such denomination, and may call for the repay- 
ment of the principal at such times as may be agreed upon 
between the board and the secretary of the interior. The con- 
tract with the United States may likewise call for the pay- 
ment of the amount or amounts to be paid by the district 
to the United States or any part thereof at such times and 
in such installments and with such interest charges not 
exceeding the aforesaid rate as may be agreed upon, and 
for assessment and levy therefor as hereinafter provided, 
and the obligations of such contracts shall be a prior lien to 
any subsequent bond issue. Moreover the board may accept 
on behalf of the district appointment of the district as fiscal 
agent of the United States, or authorization of the district 
by the United States to make collection of moneys for or 011 
behalf of the United States in connection with any federal 



27 

reclamation project, whereupon the district shall he author- 
ized so to act and to assume the duties and liahilities incident 
to such action, and the said board shall have full power to 
do any and all things required by the federal statutes now 
or hereafter enacted in connection therewith, and all things 
required by the rules and regulations now or that may here- 
after be established by any department of the federal govern- 
ment in regard thereto. Districts cooperating with the 
United States may rent or lease water to private lauds, 
entrymen, or municipalities in the neighborhood of the dis- 
trict in pursuance of contract with the United States. 

SEC. 56. Any proposal to enter into a contract with the 
United States for the repayment of construction moneys, the 
cost of a water supply, the operation and maintenance of 
existing works, or the acquisition of property, and to issue 
bonds if any be proposed, shall be voted upon at an election 
wherein proceedings shall be had in so far as applicable in 
the manner provided in the case of the ordinary issuance of 
district bonds. Notice of the election herein provided for 
shall contain, in addition to the information required in the 
case of ordinary bond election, a statement of the maximum 
amount of money to be payable to the United States for con- 
struction purposes, costs of water supply and acquisition of 
property, exclusive of penalties and interest, together with a 
general statement of the property, if any, to be conveyed by 
the district as hereinabove provided. The ballots at such elec- 
tion shall contain a brief statement of the general purpose of 
said contract and the amount of the obligation to be assumed, 
as aforesaid, with the words "Contract Yes," and "Contract 
No," or "Contract and bonds Yes," and "Contract and 
bonds No," as the case may be. The board of directors may 
submit any such contract or proposed contract and bond 
issue, if any, to the district court of the county wherein is 
located the office of said board to determine the validity 
thereof and the authority of the board to enter into such 
contract, and the authority for and the validity of the issu- 
ance and deposit or transfer of said bonds ; whereupon the 
same proceedings shall be had as in the ordinary case of the 
judicial determination of the validity of the bonds with like 
effect. 

SEC. 57. All water delivered to the district or the right 
to the use of which is acquired by the district, under any 
contract with the United States, shall be distributed and 
apportioned by the district in accordance with the acts of 
Congress applicable thereto, the rules and regulations of the 
secretary of the interior thereunder, and the provisions of 
said contract, and provision may be made in the contract 
between the district and the United States for the refusal 
of water service to any or all lands which may become 
delinquent in the payment of any assessment, toll or charge 
levied or imposed for the purpose of carrying out any con- 
tract between the district and the United States. In case of 
contract with the United States under which the district 



28 

assumes the operation and maintenance of the existing works, 
assessments, tolls and charges may be levied or imposed by 
the board of directors, as provided in this act to raise the 
sums required annually therefor, including amounts due 
the United States under said contract. 

SEC. 58. Any rights of way or other property owned or 
acquired by the district may be conveyed by the board to 
the United States in so far as the same may be needed for 
the construction, operation and maintenance of works by the 
United States pursuant to this act. 

SEC. 59. All payments due or to become due to the United 
States under any contract between the district and the 
United States, including such payments of interest and 
principal on bonds as may be required in connection with 
a deposit or transfer thereof to the United States, shall be 
paid, unless otherwise provided by contract, by revenue 
derived from annual assessments, apportioned as herein- 
after prescribed, and levies thereof upon such real property 
within the district as may be accessible for district purposes 
under the laws of the state or by tolls and charges as the 
case may be, and such real property shall be and remain 
liable to be assessed and levied upon for such payments as 
herein provided. It shall be the duty of the board of direc- 
tors annually to levy an assessment, or to impose and cause 
to be collected tolls or charges sufficient to raise the money 
necessary to meet all payments when due as provided in the 
contract. All moneys collected in pursuance of such con- 
tract by assessment and levies or otherwise, and to be paid to 
the United States, shall be paid into the district treasury 
and held in a fund to be known as the "United States Con- 
tract Fund," to be used for payments due to the United 
States under any such contract. Public lands of the United 
States within any district shall be subject to assessment 
for all purposes of this act to the extent provided for by the 
act of Congress approved August 11, 1916, entitled "An act 
to promote reclamation of arid lands," or any other law 
which may hereafter be enacted by Congress in the same rela- 
tion, upon full compliance therewith by the district. Noth- 
ing in this act contained shall be construed to relieve the 
district from obligation to pay as a district in case of default 
of any land, unless so provided by the said contract between 
the district and the United States. 

SEC. 60. The board may also provide by contract with the 
United States for the release of mortgages or liens given or 
reserved to the United States upon district lands, and may 
provide for the assumption by the district, either as princi- 
pal or guarantor, of indebtedness to the United States on 
account of district lands, and apportion to each tract of land 
so released, benefits in the amount of the obligations to the 
United States so provided to be released; and the contract 
between the district and the United States may provide for 
the collection and payment of indebtedness so incurred or 
assumed by the district and the tax or assessment for the 



00 

~* . ' 

same at the same times mid in the same amounts or install- 
ments provided in the federal reclamation laws, and if so pro- 
vided in the contract, sneh taxes and assessments shall 
become delinquent at the same dates provided in the act of 
Congress of August 13, 1914 (38 Stats. 686), known as the 
reclamation extension act, and in that event, if it be provided 
in the contract that the United States waives any penalties 
for delinquency other or greater than those named in the 
said act of Congress of August 13, 1914, then, instead of the 
penalties otherwise provided in state laws, the penalties for 
delinquency in the payment of that part of the tax repre- 
senting the special assessment for payment of the obligations 
of the district to the United States shall be the penalties 
named in the said act of Congress of August 13, 1914, and 
the amount required to be paid in case of any redemption 
from any tax sale or tax judgment shall be determined by 
figuring the part thereof due to the United States upon the 
basis of the amount of such special assessment levied for the 
purpose of paying the United States plus the penalties 
named in said act of Congress of August 13, 1914. And the 
said board shall have full power to do any and all things 
required by the federal statutes now or hereafter enacted in 
connection therewith, and all things required by the rules 
and regulations now or that may hereafter be established by 
any department of the federal government in regard thereto. 

SEC. 61. The assessment required in any year to meet the 
payment due to the United States under the contract as in 
this act provided may be in accord with an apportionment 
of benefits made in or in pursuance of such contract and in 
the ascertainment of such benefits there shall be taken into 
account the provisions of the contract between the United 
States and the district, the federal laws applicable thereto, 
and the notice and regulations issued in pursuance of said 
laws, and in case such contract is for the assumption by the 
district as principal or guarantor of indebtedness to the 
United States theretofore existing on account of district 
lands, there shall be further taken into account the provision 
of existing contracts carrying such indebtedness and the 
amounts of such liens as may be released in pursuance of 
the contract between the United States and the district. 

SEC. 62. Where contract shall have been entered into and 
is in force and effect between the United States and any 
irrigation district the district shall not be dissolved, nor shall 
the boundaries be changed, except upon written consent of the 
secretary of the interior, filed with the official records of 
the district. If such consent be given and lands be excluded, 
the areas excluded shall be free from all liens and charges for 
payments to become due to the United States. The board of 
directors of a district is hereby relieved from the duties 
imposed upon it in sections 15 and 30 of this act in so far as 
the same may not be required in case of contract between the 
district and the United States, and in that relation mav take 



30 

advantage of or adopt such surveys and plans as may have 
been or be made by the United States. 

SEC. 63. When an irrigation district comprises lands 
which are served by works constructed by the United States 
and the portion of such works situated in a division of the 
district may be regarded as a separate unit of the larger 
system for operation and maintenance purposes, or when 
local drains, laterals, or other improvements may be provided 
as additions to such works and constitute benefits limited to 
such division, or when the replacement or extension of such 
works or some part thereof would constitute benefits limited 
to such division, a petition signed by the requisite number 
of electors of such division may be presented to the board of 
directors of the district and a local board of directors of such 
division created as provided in this act; whereupon such 
board of directors shall have the power to contract with the 
United States for the operation of the existing system afore- 
said, or for the construction either .by such division or by 
the United States of local drains, laterals or other improve- 
ments and for the operation and maintenance thereof, or 
for the replacement or extension of existing works or struc- 
tures and for the operation and maintenance thereof or any 
separate part of the same ; provided, that such contract shall 
first be authorized by a special election held for the purpose 
in such division and for the purpose of authorizing the local 
board of directors to levy an assessment or assessments, as 
provided in this act, to secure the moneys required to carry 
out said contract, including the amounts that will be due 
the United States thereunder and that will be required for 
the construction of the proposed local drains, laterals, or 
other improvements, or for the replacement and extension 
of existing works or structures. Where it is proposed that a 
division shall assume only the operation and maintenance of 
existing works an election shall be held upon the contract in 
the same manner, but the local board of directors, after said 
contract is made in pursuance of the authority granted in 
such election, shall have the power to levy assessments or 
impose tolls and charges annually or otherwise to raise the 
amounts necessary to carry out said contract and to operate 
and maintain said works, including amounts to be paid to 
the United States under said contract, in the same manner 
and to the same effect as can be done by the board of direc- 
tors of the district under the provisions of this act. Where 
local drains, laterals or improvements are to be constructed, 
or existing works or structures replaced or extended, and 
are thereafter to be operated and maintained by the division, 
the local board shall have similar power to levy assessments 
and to impose tolls or charges to raise the money required 
for such operation and maintenance, including amounts due 
the United States in that relation. The works described 
in the contract with the United States shall be constructed, 
replaced or extended by such local board of directors, and 
the money raised by such special assessment therefor or for 



31 

the operation and maintenance tin-roof shall be collected, 
kept and disbursed, and the apportionment of benefits made, 
as in this act provided when a division of the district is 
authorized to provide for local undertakings, the benefits 
of which are limited to such division; provided, that the pro- 
visions of this act relating to cooperation between a district 
and the United States, including those relating to the dis- 
tribution and apportionment of water and the apportionment 
of benefits, shall apply in case of contract between the United 
States and a division of a district in so far as applicable. The 
ex cent ion of such contract with the United States and all pro- 
ceedings ancillary thereto may be confirmed in court as a part 
of the confirmation proceedings instituted by the district, or 
upon petition by the board of directors of the division. 

SEC. 64. When an irrigation district comprises lands 
which are or may be served by works constructed by the 
United States, and a contract is proposed to be entered into 
with the United States for the operation and maintenance by 
the district of the existing works, or for the construction of 
a drainage system or other extension or improvement of such 
works, and the lands in a division of the district may be 
regarded as clearly outside the scope of such contract, the 
election thereon and for the authorization of the program or 
undertaking contemplated thereby may be confined to the 
remaining portion of the district exclusive of such division, 
and the apportionment of the benefits may be made accord- 
ingly ; otherwise the proceedings in connection with such 
contract and the program or undertaking contemplated 
thereby shall be as heretofore provided in this act. 

SEC. 65. In any case where an irrigation district is 
appointed fiscal agent of the United States in connection 
with any federal reclamation project, or by the United 
States, or under contract therewith, is authorized or required 
to make collection of moneys on behalf of the United States, 
or for payments due the United States under any such con- 
tract, each director of the district, and the secretary and the 
treasurer thereof, shall execute a further and additional 
bond in such sum as the secretary of the interior may 
require, conditioned for the faithful discharge of the duties 
of his office, or as fiscal or other agent of the United States, 
or both ; and any such bonds may be sued upon by the 
United States or any person injured by the failure of such 
officer or officers of the district to fully, promptly or com- 
pletely perform their respective duties. This requirement 
shall apply to the directors of a division, and in so far as 
applicable to the officers of a district acting in that relation, 
in case of contract between the United States and such 
division. In all cases of contracts with the United States as 
above described the board of directors of the district, or of 
a division thereof, and the secretary and treasurer of a dis- 
trict, shall at any time allow any officer or employee of the 
United States, when acting under the order of the secretary 
of the interior, to have access to all books, records and docu- 



32 

ments which are in the possession or control of such officer A 

SEC. 66. Whenever in this act any notice is required to 
be given by publication, such provision shall be satisfied by 
publishing the same in a weekly newspaper the same num- 
ber of times consecutively as the number of weeks mentioned 
in the requirement. 

SEC. 67. Whenever the words "irrigation district," or 
"district" are used in this act, they shall be held to mean any 
irrigation district heretofore organized under the laws of the 
state as well as under this act, to the full extent required to 
accomplish the purposes of this act ; and whenever the words 
"county treasurer" or "treasurer of the county" are used in 
this act, they shall as Avell be held to mean "ex officio tax 
receiver" or "tax receiver" of the county. 

SEC. 68. 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 rigjits 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 as 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. In such dis- 
tricts as have been heretofore organized, and in which direc- 
tors of the various divisions thereof have been elected by 
the votes of the electors of the district at large, such elections 
are hereby confirmed. 

SEC. 69. Nothing in this act shall be construed as repeal- 
ing or in any wise modifying the provisions of any other act 
relating to the subject of irrigation or drainage except such 
as may be contained in the act entitled "An act to provide 
for the organization and government of drainage, irrigation 
and water storage districts, to provide for the acquisition of 
water and other property, and for the distribution of the 
water thereby for irrigation purposes, and for other matters 
properly connected therewith," approved March 20, 1911, 
and subsequent acts supplementary thereto or amendatory 
thereof, all of which acts, so far as they may be inconsistent 
herewith, are hereby repealed. 

SEC. 70. This act may be referred to in any action, pro- 
ceeding or legislative enactment as "The Nevada Irrigation 
District Act," and whenever the words "irrigation district" 
are or have been used in any action or proceeding or in any 
act or resolution of the legislature such words shall be con- 
strued to mean an irrigation district organized under the 
provisions of the act approved March 20, 1911, or acts sup- 
plementary thereto or amendatory thereof, referred to in 
the preceding section, or an irrigation district organized or 
existing under this act.