Must make annual report. Power of trustees. Proceedings in case lands to be benefited are not legally claimed. In what cases power extended to another county. When lakes or ponds may be used as reservoirs. such workmen as may be requisite; to appoint assessors and collectors, or make agreement with the county assessors to assess and collect the tax, and notify collectors when additional installments of the tax will be needed, to construct and complete said canals or ditches, with all necessary appurtenances thereto; to cause to be kept an accurate account of all receipts and disbursements, and to complete said canals and ditches and settle all accounts of the same. Said trustees shall make an annual report of their proceedings under this act to the county court on or before the first day of February, and shall file with the clerk of the county court a map of said irrigation district, showing the location and subdivision of land therein and of the company's canals and ditches. SEC. 11. The trustees shall have power to sue and be sued, plead and be impleaded, to have and to hold all such real estate and personal property as may be necessary to construct the contemplated ditch or canal, including all appurtenanees belonging thereto. SEC. 12. If any part of the lands to be benefited by the proposed ditch or canal are not legally claimed, then such lands may be appraised by the trustees and shall be held and the possession of them sold by the trustees, as opportunity may offer, and the estimated amount of funds necessary to complete such canal or ditch shall be decreased by the estimated value of such lands, previous to the levy and assessment of any tax. SEC. 13. Where the streams to be taken out for irrigation purposes come from counties other than the one in which the district is situated, but where there are no existing claims to the water and where no individual or settlement will be injured thereby, then the power of said irrigation district is hereby extended to said other county, insomuch as said extension may be necessary for the construction of dams to turn the waters, and ditches or canals with all necessary appurtenances as may be necessary to convey the same to where it is to be used. SEC. 14. Where lakes or ponds in natural basins have outlets, or where such can be made by dams across hollows, such lakes or ponds may be used as reservoirs, to store water for lands lying on lower levels; and the people of any irrigation district may, under the provisions of this act, construct such artificial or use such natural basins for irrigation purposes; Provided, The waters of such lakes or ponds are in no case to be raised, by dams or otherwise, so as to interfere with or damage settlers upon the margin thereof. irrigation dis repairs. SEC. 15. Upon the construction or partial construc- When to become tion of any canal, ditch or reservoir contemplated in this the property of act, they shall become the property of the irrigation dis- trict. trict; and thereafter all funds necessary for repairs upon Tax may be said canal, ditch or reservoir, and for keeping the same in levied for order, or for altering or enlarging the same may be levied by a tax upon the lands benefited, the landholders in the district to vote upon the same in the manner heretofore provided for in this act. And in case of any sudden emergency, caused by inundation or otherwise, said trustees are Proceedings in hereby authorized and empowered to make such repairs, or emergency. take such measures as they may deem necessary to preserve the canals, or ditches, or other works of said company or district, and for payment of the expenses so increased, the trustees are hereby authorized and empowered to levy a tax for the necessary amount upon all the lands of said district benefited by such canals or ditches, and said tax may be collected in the same manner and at the same time, if necessary, as provided for the collection of other taxes in said district. case of sudden SEC. 16. All property or money belonging to any Property exempt irrigation district, in the hands of the trustees to be ex- from taxation. pended by them under the provisions of this act, is hereby exempted from all city, county and Territorial taxes. for canal or SEC. 17. After any canal or ditch shall have been Trustees may laid out under this act, or under any special charter where purchase lands other provision has not been made, the trustees or company ditch. may agree with the owners of land through which it will pass for the purchase of so much thereof, as may be necessary for the making of the canal or ditch, and the appurtenances thereto belonging. SEC. 18. In every case where the owner of the land so required, shall absent himself from the county, or shall not, from any cause, be capable in law so to agree, or shall refuse to agree, or ask an exor.itant price, the value of such land and the damages to the owner thereof shall be ascertained in the following manner: 1. The owner of or claimant to such land and the trustees may each select a referee, and in case of disagreement they two may select a third, and these referees shall proceed to determine the value of the land under controversy, and assess the amount of damages, if any, which each owner of lands or improvements has sustained, or will sustain, in consequence of the canal or ditch. Proceedings in case owners of land absent or with trustees as When title to vest in the company. When trustees may enter on lands without payment. Penalty for in of company. 2. The appraisal, with a description of the land so appraised, shall be acknowledged by the referees signing it, before the clerk of the county court of the county in which the lands are situated, and when so acknowledged, it shall be filed in the said clerk's office within ten days after it shall have been made. In case the occupant or claimant shall refuse or neglect to select a referee as herein provided, the trustees may petition the district court of the district in which the land is situated, for the appointment of three or more commissioners to condemn the land and fix and determine the damages; said commissioners to be appointed upon such notice to the complainant or occupant as said court shall direct. Said commissioners shall report to said court their award and determination for approval or disapproval. The motion for approval of said award shall be heard on such notice as the court shall direct. SEC. 19. The trustees, upon payment to the rightful claimant of the several sums assessed in the appraisal so made, or upon making a tender thereof when the same shall be refused, shall be entitled to enter upon the lands described in the appraisal, and have and hold the same for the use and benefit of such irrigation district forever. SEC. 20. If on any parcel of the lands so described there shall be no person then living, authorized to receive payment for the damages assessed for such parcel, and such damages shall not have been lawfully demanded within ten days after the filing of such appraisal, the board of trustees may enter thereon without payment or tender of such damages, but subject to such payment whenever the same shall be thereafter lawfully required. SEC. 21. If any person shall break, injure, or destroy juring property any bank, dam, flume, waste weir, lock or gate on said canal or ditch, or any of the appurtenances belonging thereto or in use upon the same, or take water from the said canal or ditch, except by direction of proper officers, such person so offending shall for every such offense be liable to a civil suit for the recovery of damages, to be prosecuted for, before any court having jurisdiction, by any taxpayer in the irrigation district; and shall also be subject to indictment and, upon conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both fine and imprisonment, at the discretion of the court. What damages SEC. 22. All companies or districts organized under company liable the provisions of this act shall be liable for any damages which may occur by the breakage of any canal or ditch. for. When any land in an irrigation district is benefited or damaged by the company's canals or ditches from soakage or other incidental cause, and the owner of said land and the company cannot agree as to the amount of the benefit or damage, the matter in dispute, as well as the question of damage through breakage, may be referred and decided as provided in the preceding section of this act. No irriga- Must not use tion company organized under the laws of this Territory waters when an shall be entitled to divert the waters of any stream to the acquired a prior injury of any irrigation company or person holding a prior right to the use of said waters, and all cases of dispute arising from such unlawful division, may also be referred and decided as provided in Section 18 of this act. other may have right. to Legislative SEC. 23. Nothing in this act shall be so construed as Right reserved to interfere with the right of the Legislative Assembly to Assembly. repeal, alter or amend the same at pleasure. have constructed fore the passage under it. SEC. 24. That persons who have constructed canals, Persons who ditches, or dams, and taken out water for irrigation pur- canals, etc., beposes before the passage of the act to which this act is of this act may amendatory, are hereby authorized to organize under the organize provisions of said act, and to enjoy all the rights, powers and privileges guaranteed therein; Provided, They shall proceed in the same manner as is provided for the organization of new companies. SEC. 25. Nothing in this act shall be so construed as to prevent any association of persons incorporating under the laws of this Territory relating to private corporations for general purposes. SEC. 26. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 13, 1884. CHAPTER L. OF FILLMORE CITY. AN ACT amending an Act to Incorporate Fillmore City, SECTION 1. Be it enacted by the Governor and Legisjative Assembly of the Territory of Utah: That Sections 1 and 7 of an Act to Incorporate Fillmore City, Millard County, (approved January 12, 1867,) are hereby repealed and the following substituted in lieu thereof: SEC. 2. All that portion of Millard County embraced in the following boundaries, to-wit: beginning at a point two miles due east of the southeast corner of the public square in said city, thence south two miles, thence west four miles, thence north four miles, thence east four miles, thence south two miles, to the place of beginning, shall be known and designated under the name and style of Fillmore City, and the inhabitants thereof are hereby constituted a body corporate and politic by the name aforesaid and may have and use a common seal which they may change and alter at pleasure. SEC. 3. The city council shall have authority to levy and collect taxes for city purposes upon all taxable property real and personal within the limits of the city, not to exceed one-half of one per cent. per annum upon the assessed value thereof, and may assess, and collect, and expend the necessary taxes to furnish the city with water for irrigation and other purposes, and to regulate and control the same for the use and benefit of the inhabitants thereof, and may enforce the payment of taxes in any manner to be provided for by ordinance not repugnant to the Constitution of the United States or the laws of this Territory. Approved March 13, 1884. CHAPTER LI. OF LAWS OF UTAH. AN ACT amending Section 9, of Chapter XXI., of the Laws of Utah of 1880, and Section 19, of Chapter VIII., Laws of 1878. SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 9 |