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whom must be the owner of record of land within the said district or a duly authorized representative of a corporation which is an owner of record; who shall constitute, when elected and qualified, the board of trustees of the district, for the man. agement of the affairs thereof, and who shall hold office until their successors are elected and qualified under and in pursuance of the provisions of said section three thousand four hundred ninety-one. From and after the election of said trustees said district shall be deemed organized and shall have power to sue and be sued.

[Proceeding to determine legality of district.] The trustees of any reclamation district may commence a proceeding in the superior court of the county where the greater portion of the district is situated to determine the legality of the existence of such district. The complaint in such proceedings shall describe the district by number and the exterior boundaries thereof, and shall contain a prayer that such district be adjudged a legal reclamation district. The summons in such proceeding shall be served by publishing a copy thereof for two weeks in some newspaper of general circulation published in each county where any part of said district is situated. Within thirty days after the last publication of said summons any person who may be interested may appear and answer said complaint, in which answer the facts relied upon to show the invalidity of the district shall be set forth. If no answer shall be filed, the court must render judgment as prayed for in the complaint. If any answer shall be filed, the court shall thereafter proceed as in other civil cases, but no district shall be adjudged invalid when it appears that such district has for five years prior to the commencement of such proceeding been prosecuting or maintaining its works of reclamation in good faith. The proceeding under this section is hereby declared to be a proceeding in rem, and the judgment rendered therein shall be conclusive against all persons whomsoever and against the State of California.

[No proceeding against district existing five years.] No proceeding in quo warranto, nor any similar action, or proceeding, shall be maintained in the name of the people of the State of California against any reclamation district that shall have continuously for five years next preceding the commencement of such proceeding been acting as such and prosecuting or maintaining its works of reclamation in good faith; provided, that this provision shall not affect proceedings that are now pending.

History: Enacted March 12, 1872; amended March 24, 1887, Stats. and Amdts. 1886-7, p. 238; February 14, 1899, Stats, and Amdts. 1899, p. 9; April 5, 1911, Stats, and Amdts, 1911, p. 640; May 26, 1917, Stats. and Amdts. 1917, p. 1192. In effect July 27, 1917.

1 Reclamation district-Functions of trustees.-The functions of the trustees of a reclamation district are not confined merely to the construction of the works necessary to prevent the overflow and secure the drainage of land therein; the district is a permanent agency organized to keep the lands

protected; the trustees constitute a continuing board charged with the duty of carrying on the affairs of the district, operating its pumps and other machinery, when necessary, and keeping in repair levees and ditches.-Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.

$ 3454. SAME. POWERS OF. A. Said board of trustees shall have powers and duties as follows, to wit:

(1) To keep an office in or near the district for the transaction of the business thereof, and the books, maps, papers, records, contracts, and all other documents pertaining to the affairs of the district must be open to inspection at all times by any person interested,

(2) To elect one of its members president of said board of trustees.

(3) [Secretary.] To elect one of its members or any other person secretary of said board of trustees. It shall be the duty of the secretary to have charge of the office of the board of trustees and to keep the minutes of all meetings and to attest all documents requiring the signature of the president and to keep true and accurate accounts of all expenditures made in behalf of said district, which accounts, and all contracts that may be made by the said board of trustees shall be open to the inspection of the board of supervisors and every person interested.

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$ 3434 POLITICAL CODE.

(Pt. III, Tit. VII, (4) [Money from reclamation board.) To receive from the reclamation board any money allowed on account of uncollected assessments previously levied on lands purchased by said board for rights of way, and to distribute said money among the landowners of said district in proportion to their payments on the last assessment roll or place the same in the county treasury to the credit of said district.

(5) [Revolving fund.] To create by order duly entered in the minutes of the board of trustees a revolving fund. No warrant for creation or replenishment of this fund shall be paid by the county treasurer unless a bond in double the amount of said fund, signed by the members of the board of trustees with sureties and conditioned as security for the safety and proper disbursement of said fund, approved by the board of supervisors, shall be on file with the county treasurer. Said fund shall be disbursed by checks or drafts, signed by at least two members of the board of trustees, or some person by unanimous vote of the board of trustees authorized to do so. The board of trustees shall within thirty days after any payment from this fund file the vouchers therefor in the office of the county treasurer retaining a dupli. cate thereof in the office of the secretary of the board of trustees. The board of trustees shall have authority by order entered in the minutes of said board to issue warrants for the creation and replenishment of said fund. No warrant for the replenishment of said fund shall be approved by the board of supervisors or paid by the county treasurer, except to the extent that proper vouchers for previous legal disbursements from said fund have been filed with the county treasurer as herein before provided. Said fund shall not exceed the sum of two thousand dollars. The order creating said revolving fund must receive the unanimous vote of the board of trustees.

[Action by landowner.] Any landowner within the district may maintain an action for the benefit and in behalf of the reclamation district in the superior court of the county in which the district, or any part thereof is situated against any member or members of the board of trustees for any improper disbursement of the funds of the district made with his or their consent and also against the members of the board of trustees and their sureties upon the said bond for any improper disbursement from said revolving fund.

(6) To employ engineers and others to survey, plan, locate and report on the works necessary for the reclamation of the lands of the district, and estimate the cost thereof; thereafter, at any time, modify or change such original plan or plans, or adopt new, supplemental, or additional plan or plans, when, in its judgment, the same shall become necessary.

(7) [Rights of way, etc.) To acquire by purchase, condemnation, gift, or other legal means, whatever real property, rights of way, materials, or labor that it shall deem necessary for the construction of the works of reclamation or necessary or useful in connection with carrying out the original plan or plans of reclamation or any supplemental or additional plan of reclamation.

(8) [Canals, sluices, etc.) To acquire by purchase, condemnation, gift, or other legal means, such drains, canals, sluices, bulkheads, water gates, levees, embankments, pumping plants, and to purchase, construct, or otherwise acquire, maintain, and keep in repair all things reasonably necessary or convenient for the reclamation of the lands embraced in said district either within or without the boundaries of the district.

(9) [Labor and machinery.) To employ such labor and to purchase and operate or hire such tools, machinery, material and equipment and to make and enter into such contracts and agreements as they shall deem necessary in order to accomplish the proper construction, maintenance, repair or operation of the works of reclamation of the said district.

(10) [Disposal of property.) To sell, convey, transfer, lease to others or otherwise dispose of such real or personal property belonging to the said district which said board of trustees shall find no longer necessary for the construction, maintenance or operation of the works of reclamation of said district; also to lease to others or to operate for hire any tools or machinery belonging to the said district which is not at the time needed by the district.

(11) [Proceedings to determine legality of district.] To commence proceedings in the superior court of the county where the greater portion of the district is situate to determine the legality of the existence of such district in the manner provided by section three thousand four hundred fifty-three of this code.

(12) [Distribution of funds not needed.] To distribute, among the landowners of the district, after having first provided by order duly entered in their minutes, any funds in the treasury belonging to said districts and not needed for the purposes of reclamation, such distribution to be made among the several landowners in the said district in proportion as said owners were assessed on the last assessment made by said district.

(13) [Report of plans. To report to the supervisors every original plan, and every new, supplemental or additional plan for the reclamation of the lands within said district in the manner provided by section three thousand four hundred fifty-five of this code.

(14) To cancel all warrants of the district not paid within four years after date of issuance unless the payment thereof is extended in the manner provided by section three thousand four hundred fifty-seven of this code.

(15) Collection of assessments.) To perform such duties with respect to the col. lection of assessments as is provided by section three thousand four hundred sixty-six of this code.

(16) To perform such duties with respect to the calling of bond election and the issuance of bonds as is provided in section three thousand four hundred eighty.

(17) [Reapportionment of assessments.] To reapportion the assessment or assessments upon any tract of land that has been subdivided into smaller parcels in such manner as will charge each of said smaller parcels with a just proportion of the assessment or assessments previously made upon said tract so subdivided, in the manner provided by section three thousand four hundred sixty hereof.

(18) To exercise a general supervision and complete control over the construction, maintenance and operation of the works of reclamation and generally over the affairs of the district.

(19) [Seal.] To provide a seal which shall contain the number of the district and the county in which the lands or the greater portion thereof are located and all documents requiring the approval by the board of trustees shall hereafter bear the seal of the district.

(20) [Acts, etc., for constructing, etc.] And to do and perform all acts and things which the said trustees may deem advisable, necessary or convenient for constructing, maintaining, or operating the works of reclamation, or accomplishing the purposes for which said reclamation district was formed.

B. [Compensation. The several members of the board of trustees shall each be entitled to receive such compensation for services actually and necessarily performed as the said board of trustees may determine to be just and reasonable, and shall be reimbursed for such expenses as they may necessarily incur in the performance of their said duties as trustees. All claims by or in behalf of trustees for services rendered or expenses incurred shall be presented to the board of trustees, and if allowed shall be paid in the same manner as other indebtedness of the district, but no warrants drawn in favor of a trustee shall be valid until approved by the board of supervisors of the proper county. No trustee shall be disqualified from participating in any and all proceedings of the board of trustees, excepting that he shall not cast the deciding vote upon a motion of resolution approving a claim or awarding a contract in favor of himself.

C. (Regular meeting.] All meetings of the board of trustees at which all trustees are present or of which all members of the said board of trustees shall have received notice in writing of such meeting at least one day prior to the time set for such meeting to convene shall be deemed a regular meeting at which any business may be transacted.

History: Enacted March 12, 1872; amended March 24, 1887, Stats. and Amdts. 1886-7, p. 239; March 31, 1891, Stats. and Amdts. 1891, p. 436; April 5, 1911, Stats, and Amdts. 1911, p. 641; May 26, 1917, Stats.

and Amdts. 1917, p. 1193. In effect July 27, 1917.

§ 3455. BOARD OF TRUSTEES TO REPORT PLANS TO SUPERVISORS. The board of trustees of any reclamation district must report to the board of supervisors of the county within which the district, or the greater part thereof, is situate, by filing with the county clerk of said county, two copies of the original plan or plans of the works of reclamation and two copies of every new, supplemental, or additional plan, if any, together with the estimates of the cost of the contemplated works of the district, including incidental expenses, maintenance and repair necessary for the reclamation of the lands of the district in pursuance of any such plan or plans. The term “works of reclamation" as used in this chapter shall include not only such public works and equipment, as are necessary for the unwatering of lands in reclamation districts, but shall also include such like works as may be necessary to water or irrigate the same lands in such districts.

[Plans transmitted to reclamation board.] If and when a district is located in whole or in part within the Sacramento and San Joaquin drainage district, three copies of such plan or plans and estimates shall be filed with the county clerk as aforesaid and the said county clerk shall, within five days after said three copies of such plans and estimates are filed with him, certify to two of said copies and transmit the same to the secretary of the reclamation board.

(Hearing.) Upon receipt of said certified copies of said plan or plans, the secretary of the reclamation board shall immediately set a date when the reclamation board will hold a meeting for considering objections, if any, to said plans. All such hearings by the said reclamation board shall be held not less than twenty, nor more than sixty days after the day the secretary of the reclamation board received a certified copy of the said plans.

Notice of said hearing before the said reclamation board shall be given by the secretary of said board by publishing a notice of such hearing once a week for two weeks in some newspaper of general circulation published within said district, then in the county seat of the county within which the said district or the greater part thereof, is situate.

[Form of notice.] Said notice shall be in substantially the following form:

"Notice to the landowners of reclamation district ............ Notice is hereby given to the landowners of reclamation district number ............ that there has been filed with the county clerk of the county of ............ and with the secretary of the reclamation board, original (supplemental or new, as the case may be) plans for the reclamation of lands of said district; that the reclamation board will hold a meeting at its office in the city of Sacramento, county of Sacramento, State of California, on the ............. day of ............., A. D. 191.., at .............. o'clock, at which time any interested party may appear and object to the said plans.”

[Approval of plans.) At said hearing the reclamation board shall hear such evidence as may be offered with respect to said plans, and thereafter shall approve, modify, amend or reject the said plans; provided, however, that the said reclamation board shall not have the power to modify, amend or reject any plans so submitted on the ground that said plans provide for a levee which in their judgment is of excessive strength either in height, slopes or crown width; but no claim for compensation shall thereafter be made against the reclamation board or the Sacramento and San Joaquin drainage district for any part of such levees which said board may consider to be in excess of what is required to comply with its plans for flood control. The reclamation board shall have power to continue or adjourn the said hearing from time to time and shall have authority to cause such investigation and report of said plans to be made by the engineers connected with the reclamation board or by such other competent authority as said board shall deem necessary.

[Action final.] When the said reclamation board shall have taken action approving, modifying, or rejecting any such original, supplemental or new plan of reclamation after a hearing as herein provided, such action shall be final, and thereafter the suffciency of said plans shall not be subject to attack either before the reclamation board or in any court;

(Amendatory plans.) provided, however, that nothing herein contained shall prevent the board of trustees of any district from at any time filing with the county clerk of the county within which the district, or the greater part thereof, is situate, two copies of any amendatory, additional or supplemental plan of reclamation. In the event any such amendatory, additional or supplemental plan of reclamation is filed with the said clerk, a certified copy thereof shall be transmitted to the secretary of the reclamation board, who shall set the time for hearing, and thereafter the same proceedings shall be had and with like effect with respect to said amendatory, additional or supplemental plan as is herein provided for the original plan.

(Levees included in plans.] The said plan or plans and estimates may include any levees or other reclamation works already constructed or in course of construction and payments therefor may be made to the person or persons who constructed the same, or to the grantee of the lands for the benefit of which such levees or other works of reclamation were constructed by the owner of such lands, and no trustees shall be disqualified to make or approve such plans or estimates because of his [their] ownership of any levee or other reclamation works included in such plan, or the cost of which is embraced in said estimates but he shall be disqualified to vote for the issuance of any warrant or order to himself in payment therefor.

History: Enacted March 12, 1872; amended March 31, 1891, Stats. and Amdts. 1891, p. 437; April 5, 1911, Stats. and Amdts. 1911, p. 642; May 26, 1917, Stats, and Amdts. 1917, p. 1197. in effect July 27, 1917.

RECLAMATION DISTRICTS-PLANS. 1-4. Construction. 5, 6. Plans for work.

7. Where plans are modified.

1. Construction.—No segregation of incidental estimated expenses is required under this section. Spurrier v. Reclamation Dist. No. 17, 172 Cal. 157, 155 Pac. 840.

2. The statute does not require a statement of the work done or to be done under each of the modified plans of reclamation, but only a statement of the cost of the work necessary for the reclamation of the land in pursuance of any of the plans.-Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.

3. There is nothing in the law requiring the report and the adopted plan by metes and bounds to specify where the actual work of raising the levee has been performed.Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.

4. This section does not require a separate estimate of the cost of acquiring the right of way for a new proposed levee and for the cost of construction of the levee itself, and by not requiring that such segregation be made permits it.-Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.

5. Plans for work.-In the matter of reclamation work, the law contemplates the adoption by the trustees of a clear and definite plan of all new work embraced in the original and other previous plans already filed, before any assessment is levied therefor, so that all concerned, including the land

owners, who pay the tax, may have means of ascertaining the specific purpose of the assessment, the real value of the proposed work and the benefit that will be derived therefrom.-Reclamation District No. 730 v. Hershey,'169 Cal. 793, 148 Pac. 185.

6. The reports, plans, and estimates should be sufficiently definite to enable interested persons, from their own knowledge of existing conditions or by personal inspection, to understand with reasonable certainty the work proposed and the cost thereof.— Spurrier v. Krohn, 172 Cal. 157, 155 Pac. 840.

7. Where plans are modified.—Where a modification of the original plan of reclamation is adopted and the report of the engineer of the district, framed in conformity with such modified plans, gives separate estimates of the costs of the different branches of the work, and the amount of work done and to be done is segregated and separately stated, the cost of the amount done being segregated from the cost of the amount to be done, the specification in such report as to the improvement of old levees and the construction of new levees, "that a portion of said work hereinbefore recommended has been done at a cost of $24,248.24 in excess of the estimates contained in the original plans of reclamation; that to complete said work will require the further sum of $44,725.76,” is not subject to the objection that it does not show what particular work has been done for which such expense has been incurred. - Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.

$ 3456. COMMISSIONERS TO ASSESS CHARGES FOR RECLAMATION. A. If and when the said reclamation board shall have approved the plan or plans of the works of reclamation, after a hearing as provided in section three thousand four hundred fifty-five of this code, then the board of trustees of the reclamation district

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