3494-M2-B. Appeal shall not delay.

"SEC. 330-m2-b. The taking of any appeal by any person or persons, as herein provided, shall not operate to delay the collection of any tax from which no appeal has been taken, nor delay the progress of the work, or the issuing of any bonds." [L. '13, p. 255, § 2.]

3494-M2-C. Modification of classification filed with county clerk.

"SEC. 330-m2-c. The Board of Directors shall modify said. classification so that same shall conform to the changes made therein in the hearings before said Board and the Secretary of the District, shall certify and file said classification of property of the District, so modified, properly tabulated or shown by a map, or both, with the county clerk of each county in which the District is located, and if through any appeal as aforesaid said classification is modified, the Board shall then modify the classification and the Secretary of the District shall certify and file the same so modified with the clerks of each county in which the District is located." [L. '13, p. 255, § 2.]

3494-M2-D. Directors shall determine amount of money required to meet expenses.

"SEC. 330-m2-d. The Board of Directors on or before July 1st in each year shall determine the amount of money required to meet the current expenses of the coming year, including cost of construction, maintenance, operating and ordinary expenses, deficiency in the payment of expenses already incurred, and bond interest unpaid, also the amount of bonded indebtedness, and the principal or interest which will fall due during said coming year, and by resolutions shall order such amount of money to be raised by special assessment upon the lands of the district, as may be necessary to raise the sum of money so determined, and such amount shall be apportioned among the several tracts in the name of the owner when known, according to acreage of each and its figure of classification on the graduated scale, so that each tract may bear its equal burden in proportion to benefits. They shall make out a special assessment roll hereinafter designated tax list, setting down in separate columns the owners' names when known, and when unknown, stating unknown, a description of the land, the number denoting the classification and the tax; that for current expenses, and that for bonded indebtedness and interest there-on in separate columns. When completed the list shall be filed with the Secretary of the District.

The Tax List may be substantially as follows:

SPECIAL ASSESSMENT TAX LIST OF (here insert name of district.)

[L. '13, p. 255, § 2.]

3494-M2-E. Time of completion of assessment list.

"SEC. 330-m2-e. The said assessment list shall be completed on or before the 15th day of July, and on the first Tuesday of August in each year and from day to day thereafter, Sundays evcepted, the Board of Directors shall sit to hear complaints, and to correct errors in said assessment, until all complaints filed with the Secretary, or presented to the Board shall have had an opportunity to be heard and shall have been determined. Provided, however, the classification of any lands on the graduated scale aforesaid, shall not be changed or determined at said hearings. [L. '13, p. 255, § 2.]

3494-G3. Directors may authorize inclusion of contiguous land.

"SEC. 330-g-2. Upon petition of the owner of a tract of land and the payment of a sum equal to the past due assessments upon the same after a classification thereof upon a graduated scale by the Board of Directors as hereinbefore provided so that the said tract shall be upon an equal footing with other lands of the District, the Board of Directors may authorize the inclusion of any tract of land contiguous to the existing boundaries of said District and capable of being drained by said drainage system, and thereupon said lands shall become liable for all future assessments which may become due or to be levied for drainage purposes within said drainage district, and the cost of any such proceeding for the inclusion of land shall be borne by the applicant." [L. '13, p. 258, § 3.]

3494-03-A. No proceedings invalidated by this act.

SEC. 330-03-a. Nothing herein contained shall invalidate or affect any act or proceeding done or pending under the Act entitled: "An Act to Provide for the Organization and Government of Drainage Districts, approved June 2, 1911," but all such pending proceedings may be continued and concluded under provisions of said Act as the same was before the amendments hereby made: Provided, further, that nothing herein contained shall impair the

Remarks

organization, rights, powers and privileges of any drainage district organized, or whose organization was commenced under the said Act before the amendments hereby enacted. [L. '13, p. 259, § 4.]

3562-A. Appropriation for protection of water rights.

SEC. 399. For the purpose of paying the expenses of the executive department of the State of Colorado in making the necessary investigations and in defending and protecting the foregoing rights, suits and actions or any of them, and to meet the expenses of any suit which may be brought and prosecuted by any other state or by the citizens of any other state against the State of Colorado or its citizens, and to meet the expenses incident to the prosecution of any suit that may be instituted by the State of Colorado for the protection of the right to use the water of the natural streams of Colorado for domestic, irrigation or power purposes wherever threatened, there is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, the sum of fifty thousand dollars ($50,000.00), or so much thereof as may be necessary for the purposes herein provided. [L. '13, p. 382, § 1.1

3562-B. Appropriation of first class.

SEC. 400. This appropriation shall be of the first class, and may be used either within or without the State. It shall be under the control and direction of the Governor and the Attorney-General of this State and upon vouchers approved by them; warrants shall be drawn by the Auditor in the ordinary manner. This appropriation shall be taken and considered as in aid of the said item of fifty thousand dollars (50,000.00) included in the short appropriation bill heretofore passed by this General Assembly. The object and intent of this Act being to make said fifty thousand dollars ($50,000.00) immediately and certainly available. The payment of said sum of fifty thousand dollars ($50,000.00) upon either one or both of said appropriations shall be taken and considered as payment in full for the appropriations for said purposes, whether authorized by the short appropriation Act or by this Act. [L. '13, p. 383, § 2.]

Section. 3562-C.

XI. IRRIGATION OF STATE LAND.

Land board take steps to irrigate and improve state lands.
Acquisition of water rights, etc.

Proceed under laws of state and U. S.

3562-D.

3562-E.

3562-F.

3562-G.

Board not bound to concur indepartmental decisions.
Invoke eminent domain.

3562-H.

3562-I.

3562-J.

Procedure in eminent domain-Parties.

Interests of United States subject to jurisdiction.
Mandamus-Injunction, etc.

3562-K. Attorney general enforce act.

3562-C. Land board take steps to irrigate and improve state land.

SEC. 401. That the State Board of Land Commissioners of the State of Colorado be, and it is, hereby authorized and directed. to take, on behalf of and in the name of the State, as speedily as practicable, such action as may, in the judgment of said Board, be necessary or desirable to irrigate and improve such lands belonging to the State of Colorado, and lying in the San Luis Valley and elsewhere, as may in the judgment of the Board be susceptible of improvement by irrigation. [L. '13, p. 588. § 1.]

3562-D. Acquisition of water rights, etc.

SEC. 402. That such action be taken by initiating such water rights and systems for reserviors, canals and conduits, or by the purchase of existing water rights, systems for reservoirs, canals and conduits, or an interest therein, including pumping plants, highways and such other accessories as may, in the judgment of the Board, be necessary or desirable to the successful accomplishment of the objects of this act. [L. '13, p. 588, § 2.]

3562-E. Proceed under laws of state and U. S.

SEC. 403. That in furtherance of such objects the Board shall proceed in accordance with the irrigation laws of the State, in so far as the same be applicable, and may, if it so elect, also proceed under the laws of the United States relating to the acquisition of such rights or easements upon and over the public lands of the United States. [L. '13, p. 588, § 3.]

3562-F. Board not bound to concur in departmental decisions.

SEC. 404. That in case such procedure, or any part thereof, shall be under the laws of the United States, the Board shall not be bound, or required, to accept or concur in the action or decision, or failure or delay in action or decision of any departmental or other officer, agent or employe of the United States, if in the judgment of the Board the same is not in good faith, or for the mere purpose of delay or in adverse to be [the] legal, constitutional or inherent rights of the state.

Nor shall the Board, in any event, accept or concur in any such action, decision, grant or permit which is, or purports to be, revocable by the United States or by any departmental or other officer, agent or employe of the United States at discretion, or without reasonable cause and opportunity to be heard. [L. '13, p. 589, § 4.] 3562-G. Invoke eminent domain.

SEC. 405. That in case of such procedure under the laws of the United States and in the event that any departmental or other officer, agent or employe of the United States, shall, in the judg

ment of the Board, fail or refuse to act or decide within a reasonable time, or in bad faith, or for mere purpose of delay, or act or decide adversely to the legal, constitutional or inherent rights of the State, upon any question involved and subject to his action or decision, or shall obstruct, hinder or interfere with the necessary occupancy or possession of the lands involved, by the State, or any of its agents or employes, the Board shall at once proceed to acquire the desired rights or easements occupancy or possession by invoking the power of eminent domain of the State.

Such proceedings including the right to enter upon the lands involved for the purpose of examination and survey, and the right of possession during the pendency of the action, and in all other respects shall be, as provided in Chapter XLV of the Revised Statutes of Colorado, 1908, in relation to Eminent Domain, and amendments thereto, in so far as applicable, and as supplemented and enlarged by this act. [L. '13, p. 589, § 5.]

3562-H. Procedure in eminent domain-Parties.

SEC. 406. Such action shall be brought in the name of the State of Colorado as plaintiff, in the district court of any county in which the system of irrigation or any part thereof is located, or is to be located, and shall make as defendants thereto by proper name and official title, when known, such departmental and other officers, agents and employes of the United States as have or claim to have jurisdiction, possession, charge or control, or are exercising the same, over the lands involved or any part thereof; also such other officers, agents and persons as the Board may deem necessary or proper.

The summons and other process shall be served and return made in the manner prescribed in the aforesaid laws of the State relating to eminent domain, or in any other manner required by the order of the court or judge in the action. [L. '13, p. 589, § 6.]

3562-I. Interest of United States subject to jurisdiction.

SEC. 407. That upon the completion of service and return of summons or other process and the expiration of the time required by law or the order of the court or judge before whom the action is pending for the appearance of the defendants, they, and all interests of the United States in the lands involved shall be deemed to be in court and subject to its jurisdiction, and thereafter, such proceedings shall be had as are required by the aforesaid laws of the State, so far as applicable and as supplemented and enlarged by the provisions of this act, and if the judgment [judgment] of the court be in favor of the State it shall vest in the State the rights and easements so adjudged, upon and over all public lands of the United States so involved, whether the same be reserved or unreserved, or withdrawn temporarily or permanently for any purpose whatever, except those held for strictly governmental purposes, the