(1866) Acts, Resolutions and Memorials, Passed at the Several Annual Sessions of the Legislative Assembly of the Territory of Utah, 1866

Chapter 133_page_186

I 188 2 i i 1 LAWS OF UTAM into effect the objeots 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 fo assess and collect the tax and notify Collectors when additional instalments of the tax will be needed to con struct and complete said canal or diteh 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 1o the Legislative Assembly to complete the said canal or ditch and settle allof January accounts of the same and file all books papers and accounts in the office of the Clerk of the County Court subject to futur reference and it shall be the duty of the Secretar keep record of al proceedingsof 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 impleaded to have and to hold all such real estate and personal property a3 may be necessary to construct the contemplated ditch or canal including all appurtenances belonging ther to 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 tho possession of them sold by tho Trustees a5 opportunity may offer and the estimated amount of funds necessary to completo such canal or ditch shall be deereased by the estimated value of such lands provious to the lovy and assessment of fax any Sec 13 -Whers the streams to be taken out for Lrigation 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 neccssary for the construction to turn the waters and ditches or canals with all necessary appurtenances ofas dams 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 usedreservoirs to store water for ands 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 Inkes or ponds are in no case to be raised by dams or otherwise asto interfere with or dumago settlers upon the margin thereof Sea 15 -Upon the completion of any canal diteh or roservolr 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 sme may be levied bytax 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 tie hands of Trustces to be expended by them under the provisions of this act is hereby exempted from all City Counfy and Territorial taxes Sec 17 -Alfter any canal or diteh shall have been lid 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 50 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 occapant of or elaimant to such land and tho Trustees may exch seloo referoes and in caso of disagreement they two may selectthird and these referces 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 conSequionce thoreot Second The appralsal withdesoription of the land 80 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 Clerloffice 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 makingtender thereof when the same shall be rofused shall be entjtled to enter upon the lands doscribed 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 Teceive payment for the damages nssessed for such parcel and such damages shall not have been lawfully demanded within ten days after the filing Digital image 2005 J Quinney College of Law Al rights reserved