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Sec. 7.

In the opinion of the General Assembly Emergency. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 23, 1895.

CHAPTER 5.

APPROPRIATION-ARTESIAN WELL IN CONEJOS

COUNTY.

(H. B. 5, by Mr. Garcia.)

AN ACT

TO PROVIDE FOR THE SINKING OF AN ARTESIAN WELL IN
SECTION 29. T. 33 N., R. 9 E., N. M. MERIDIAN, CONEJOS
COUNTY, COLORADO, FOR THE PURPOSE OF IRRIGAT-
ING STATE LANDS.

Be it enacted by the General Assembly of the State of Colorado:

Section 1. There is hereby appropriated out of Appropriation. any money in the state treasury belonging to the internal improvement permanent fund, the sum of twenty five hundred dollars ($2500.), or so much thereof as may be necessary, for the purpose of sinking an artesian well in section 29, T. 33 N., R. 9 E., N. M. Meridian, Conejos County, Colorado, to irrigate state lands; Provided, In case there may be no money in said fund to meet said appropriation or any part thereof at the time of payment for said work, the state treasurer is hereby authorized and directed to fund-how pay the warrants drawn by the auditor of state for payment to be the amount herein appropriated with valid state warrants invested in said fund, said warrants so invested to be received by the contractor of said work at par, with accrued interest thereon, in full payment of the contract price of said work, or any part thereof, for the payment of which there may be no money in said fund.

If no money in

made.

Sec. 2. The governor of the state, the state en- Board of gineer and the chairman of the board of county com- construction.

missioners of Conejos county shall be and are hereby constituted a board, to be designated as a board of construction, of which board the governor shall be chairman and the state engineer shall be secretary. Sec. 3. It shall be the duty of the board, as soon as may be after this act takes effect, to advertise for Advertise for bids. bids for the work of sinking said well; said advertisements shall be inserted for at least thirty days, in at least three different newspapers of general circulation published in this state, one of which shall be in some newspaper published outside of Conejos county.

Let contract.

If appropriation insufficient then no part to be expended.

Bond.

Auditor draw warrant.

Balance recovered back.

Sec. 4. After the location of the site for said well, the board herein provided for shall let a contract for the sinking of the same to the lowest responsible bidder; Provided, however, That said board may reserve the right to reject any and all bids, if such action be deemed necessary for the public good; and no contract shall be let unless the bid shall come within the amount hereby appropriated, or some responsible parties shall agree to furnish the amount required in excess of this appropriation, and provided further, That said board shall require a good and sufficient bond, with sureties to be approved by the secretary thereof from the party or parties contracting, in the sum of double the amount named in the contract price of said work, conditioned for the completion of the work in accordance with the contract.

Sec. 5. When the work shall have been completed according to the contract and accepted by said board, the auditor of state is hereby directed to draw a warrant for the amount, on the certificate of the state engineer, that the said work has been completed according to the contract, and that the same has been accepted by the board.

Sec. 6. In case the work shall not have been commenced during the year 1895 or 1896, or in the event of a balance remaining to the credit of said appropriation, the money so appropriated shall be recovered back into the fund from which it was taken.

Sec. 7. In the opinion of the General Assembly Emergency. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 23, 1895.

CHAPTER 6.

APPROPRIATION-ARTESIAN WELL IN MONTE

ZUMA COUNTY.

(S. B. 231, by Senator Newman.)

AN ACT

TO PROVIDE FOR THE SINKING OF AN ARTESIAN WELL IN
TOWNSHIP THIRTY-FIVE, RANGE SIXTEEN WEST, NEW
MEXICO PRINCIPAL MERIDIAN, IN THE MONTEZUMA
VALLEY, MONTEZUMA COUNTY, COLORADO, FOR THE
PURPOSE OF IRRIGATING STATE LANDS AND PROSPECT-
ING THE SAME FOR THE DISCOVERY OF MINERAL OILS;
AND MAKING AN APPROPRIATION THEREFOR.

Be it enacted by the General Assembly of the State of Colorado:

Section 1. There is hereby appropriated out of Appropriation any money in the state treasury belonging to the internal improvement, permanent or income fund, the sum of three thousand ($3000) dollars, or so much thereof as may be necessary for the purpose of sinking an artesian well, or wells, at some point to be hereafter determined in township 35 north, range 16 west, New Mexico principal meridian, in the Montezuma valley, in Montezuma county, upon lands belonging to the state of Colorado, for the purpose of irrigating state lands and prospecting the same for mineral oils; Provided, In case there may be no money in said fund to meet said appropriation, or any fund, how part thereof, at the time of payment for said work, payment shall be the state treasurer is hereby authorized and directed to pay the warrants drawn by the auditor of the state for the amount herein appropriated, with valid state warrants invested in either or both of said funds; said warrants so invested to be received by the contractor of said work at par, with accrued interest thereon, in

2

If no money in

made.

Board of construction.

Board select site.

Let contract.

Advertise for bids

Bond.

full payment of the contract price of said work, or any part thereof, for the payment of which there may be no money in said funds.

Sec. 2. The governor of the state, the state engineer and the chairman of the board of county commissioners of Montezuma county shall be and hereby constitute a board, to be designated as a board of supervision, of which board the governor shall be the chairman and state engineer shall be secretary.

Sec. 3. It shall be the duty of the board, as soon as it may be convenient and practical after this act shall take effect, to carefully investigate and select the most desirable location of the site for the sinking of said well upon the most available portion of the state lands situated in said town-ship, or upon any other state lands in said county, as in their judgment they may deem most likely to produce the best results in the carrying out of the objects of this act.

Sec. 4. After the location of the site for said well, the board herein provided for shall let a contract for the sinking of the same to the lowest responsible bidder; Provided, however, That said board may reserve the right to reject any and all bids, if such action be deemed necessary, for the public good. And it shall be the duty of the board to advertise for bids for the work of sinking said well or wells; said advertisement shall be inserted for at least thirty (30) days in at least three different newspapers of general circulation published in this state, one of which shall be some newspaper published in Montezuma county, one in some newspaper published in La Plata county and one in some newspaper published in the city of Denver; and, Provided, further, That said board shall require a good and sufficient bond, with sureties, to be approved by the secretary of said board, from the party or parties contracting for said work in the sum of double the amount named in the contract price

of said work, conditioned for the completion of the work in accordance with the contract and specifications in detail as shall be drawn by the state engineer.

furnish statement

strata.

Sec. 5. The state engineer, as secretary of the Contractor to board of supervision, shall require of the contractor of character of a detailed statement of the character of the strata' through which said well shall be sunk; and said contractor shall keep an accurate account of the work from the commencement thereof to its completion; and shall further furnish to the state engineer at his Contractor furnish office in Denver samples of all the various strata soils soils. encountered during the prosecution of said work, and full and complete data concerning the extent of the

same.

samples of strata

warrants.

Sec. 6. When the work shall have been completed according to the contract and accepted by the board, the auditor of state is hereby directed to draw Auditor draw a warrant for the amount on the certificate of the state engineer, countersigned by the governor, that the said work has been completed according to the contract, and that the same has been duly accepted by the board.

Sec. 7. Whereas, in the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage.

Approved April 23, 1895.

Emergency.

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