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ment herein provided for; and when collected said assessment shall be paid over by the county treasurer to the district treasurer for the purpose specified in the notice of such special election.

Apportionment of Water-Water Commissioners.

Section 31. In case the volume of water in any stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners, constituted as hereinafter provided, to apportion in a just and equitable proportion, a certain amount of said water upon certain or alternate weekly days to different localities as they may, in their judgment, think best for the interest of all parties concerned, and with due regard to the legal and equitable rights of all. The water commissioners shall consist of the chairman of the board of directors of each of the districts affected.

High Waters-Duty of Board.

Section 32. It shall be the duty of the board of directors to help the water flowing through the ditches and canals under their control to the full capacity of such ditches and canals in times of high water and when the same can be beneficially applied to the lands thereunder and does not interfere with the rights of other appropriators. It is further provided that upon the filing of a petition in the office of the board of directors of any irrigation district, signed by a majority of the land owners who are electors therein, requesting that rules and regulations be adopted by the board permitting and providing for any of the following specific orders or changes in the method of operating its canal, it shall become the duty of such board to immediately provide for the adoption and enforcement of same, viz:

First: That an automatic measuring device be placed in or near the headgate or any main diverting gate of the main canal, in order that a continuous record shall be

kept by such district of the amount of water received into the canal for the use of the lands in such district.

Second: That automatic automatic measuring devices be placed in the headgates of all main laterals and distributing laterals within the district from and by which water is diverted to tracts or units of twenty acres or more, for the purpose of determining at all times the amount of water going to or being received upon any and all such tracts of land, and making it the duty of the superintendent of the canal to keep a separate and correct record of the amount of water delivered through each of such headgates at all times, and file the same in the office of the board of directors for public inspection.

Third: That a system be provided for the interchange of water from one tract of land to another at the option of the owner or lessee of any lands within such district at any time, and further provide that rules made by the board or superintendent of such canals for delivering water in alternate sections of a canal or ditch shall not interfere with this right.

Prior Acts Not Repealed.

Section 33. None of the provisions of this act shall be construed as repealing or anywise modifying the provisions, of any other act relating to the subject of irrigation or water commissioners. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal, or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal, or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public use.

Change of District Boundaries-Effect.

Section 34. The boundaries of any irrigation district now or hereafter organized under the provisions of this

act, may be changed and tracts of land included within the boundaries of such district, at or after its organization under the provisions of such act, may be excluded therefrom in the manner herein prescribed; but neither such change of the boundaries of the district nor such exclusion of lands from the district shall impair or effect its organization, or its rights in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made or had not any land been excluded from the district.

Additional Land-When Included-Petition.

Section 35. The holder or holders of title or evidence of title, representing one-half or more of any pody of lands adjacent to the boundary of an irrigation district, which are continguous,, and which taken together, constitute one tract of land, may file with the board of directors of said district a petition in writing, praying that the boundaries of such district may be so changed as to include their lands. The petition shall describe the boundaries of the parcel or tract of land, and shall also describe the boundaries of the several parcels owned by the petitioners, if the petitioners be the owners, respectively, of distinct parcels; but such description need not be more particular than may be required to be when such lands are entered. by the county or precinct assessor in the assessment book. Such petition must contain the assent of the petitioners to the inclusion within said district of the parcels or tracts of land described in the petition, and of which the petition alleges that they are respectively the owners; and it must be acknowledged in the same manner that the conveyances of land are required to be acknowledged.

Same-Cost of Proceeding.

Section 36. The secretary of the board of directors shall cause notice of the filing of such petition to be given

and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required by said act, to be published. The notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in the petition, and the prayers of the petition; and it shall notify all persons interested, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice, and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under this act.

Same-Hearing-Assent of Parties.

Section 37. The board of directors at the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned, shall proceed to hear the petition, and all objections thereto presented in writing by any person, showing cause as aforesaid, why the proposed change or the boundaries of the district should not be made. The failure of any person interested in the district or in the matter of the proposed change of its boundaries, to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his part to the change of the boundaries of the district, as prayed for in the petition, or to such a change thereof as will include a part of the lands. The filing of such petition with the board, as aforesaid, shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of the boundaries that they may include the whole or any portion of the lands described in the petition.

Payment of Share of Original Cost by Petitioners.

Section 38. The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated (the several amounts to be determined by the board), as said petitioners or their grantors would have been required to pay to such district as assessments had such lands been included in such district at the time the same was originally formed.

Order of Board-Survey.

Section 39.

The board of directors, if they deem it not for the best interest of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the interest of the district that the boundaries of the district be changed and if no person interested in the proposed change of its boundaries show cause in writing why the proposed change should not be made, or if, having shown cause, withdraws the same, the board may order that the boundaries of the district be so changed so as to include therein the lands mentioned in the petition, or some part thereof. The order shall describe the boundaries as changed and shall so describe the entire boundaries of the district as they will be after the change thereof, as aforesaid, be made; and for that purpose the board may cause a survey to be made of such portions of such boundaries as is deemed necessary.

Objections to Proposed Change-Action of Board.

Section 40. If any person interested in the district, or the proposed change of its boundaries, shall show cause, as aforesaid, why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deem it for the best interest of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolu

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