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Chapter 133_page_186

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Title (1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Subject Law
Description (1866) The Fifteenth Legislature, 1865, passed an act to print the laws as prepared and reported by the Joint Committee on Revision and Compilation, including laws of the current session. No 1865 session law was printed because these acts were incorporated into the 1866 compilation.
Publisher Legislative Assemblye of the State of Utah
Date 1866
Type Text
Format image/jpeg
Digitization Specifications Photocopies scanned with Epson Expression 1640 XL and saved as 400 ppi uncompressed TIFF's. Display JPEG's created in PhotoshopCS at 800 x 1125 ppi
Identifier KFU30 1866 .A193
Language eng
Rights Management Digital image copyright 2005, S.J. Quinney College of Law. All rights reserved
Holding Institution S.J. Quinney College of Law, The University of Utah, South 1400 East, Salt Lake City, UT
Source Physical Dimensions 15 cm x 23.5cm
Metadata Cataloger Kelly Taylor
Scanning Technician Amanda Wilson
ARK ark:/87278/s6w37x2b
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2006-01-25
ID 717212
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b

Page Metadata

Title Chapter 133_page_186
Description 186 .LAWS OF UTAH. into effect the objects of the people; to appoint agents, subordinates and officers and employ such workmen as may be requisite; to appoint Assessors' and Collectors or make agreement with the County Assessor and Collector to assess and collect the tax; and notify Collectors when additional instalments of the tax will.be needed to construct and complete said canal or ditch with all necessary appurtenances thereto; to cause to be kept an accurate account of all receipts and disbursements, and to make an annual report of all proceedings under this act, on or before the first day of January, to the Legislative Assembly; to complete the said canal or ditch and settle all accounts of the same; and file all books, papers and accounts in the office of the Clerk of the County Court* subject to future reference; a-nd it shall be the duty of the Secretary to keep a record of all proceedings of the Board of Trustees, in regard to such ditch or canal. Sec. 11.-The Trustees shall have power to sue and be sued, plead and be im-pleaded, 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 appurtenances belonging thereto. Sec. 12.-If any part of the lands to be benefitted 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. Sec. 15.-Upon the completion of any canal, ditch or reservoir, contemplated in this act, they shall become the property of the irrigation district; and thereafter all funds necessary for repairs upon said canal, ditch or reservoir, and for keeping the same in order, or for altering or enlarging the same may be levied by a tax upon the lands henefitted, the landholders in the district to vote upon the same in the manner heretofore provided for in this act. Sec. 16.-All property or money belonging to any irrigation district, in tire hands of Trustees to be expended »by them under the provisions of this act, is hereby exempted from all City, County and Territorial taxes. Sec. 17.-After any canal or ditch shall have been laid out under this act, or under any special charter where other provision has not been made, the Trustees or Company 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 be absent from the County, or shall not from any case be capable in law so to agree, or shall refuse to agree, or ask an exorbitant price, the value of such land and the damages to the owner thereof shall be ascertained in the following manner: First, the occupant of or claimant to such land and the Trustees may each select referees, 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 thereof. Second: 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 in which the lands are situated; and, when so acknowledged, shall be filed in the County Clerk's office, within ten days after it shall have been made. 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 for ever. 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
Format image/jpeg
Identifier 194_Chapter 133_page_186.jpg
Source Original Book: Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866
Setname uu_law_uschs
Date Created 2005-11-15
Date Modified 2005-11-15
ID 717148
Reference URL https://collections.lib.utah.edu/ark:/87278/s6w37x2b/717148