CHAPTER 82. (House Roll No. 769.) [Introduced by Mr. Stearns.] AN ACT to amend Section 3465 of the Revised Statutes of Nebraska, 1913, and to repeal said original section and all acts or parts of acts in conflict herewith, and declaring an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 3465 of the Revised Statutes of the State of Nebraska, 1913, be and the same is hereby amended to read as follows: 3465 Sec. 97. Irrigation districts-board of directorspowers duties.-On the first Wednesday following their election the Board of Directors shall meet and organize as a Board, elect a president from their number and appoint a secretary. The board shall have the power and it shall be its duty to manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers and employees as may be required and prescribe their duties, establish equitable by-laws, rules and regulations for the distribution and use of water among the owners of said lands, and generally to perform all such acts as shall be necessary to fully carry out the purposes of this article. The said by-laws, rules and regulations shall be printed in convenient form for distribution in the district. And it is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each landowner upon the basis of the ratio which the last assessment of such owner for district purposes, within said district bears to the whole sum assessed upon the district, and the water right so above apportioned shall attach to and follow the tract of land to which it is so apportioned either under lease or sale: Provided, however, The Board of Directors may by the adoption of appropriate by-laws provide for the suspension of water delivery to any land in such district upon which the irrigation taxes levied and assessed thereon shall remain due and unpaid for two years: Provided, if the tract of land, or any part thereof, to which such water right attaches shall at any time become sub-irrigated to the extent that water is no longer of any benefit thereon for irrigation purposes, the owner thereof may make application to the irrigation district board to exclude such lands so sub-irrigated Ch. 82) Power of District 195 from the district as provided in this article, in such application releasing all claim to such water right as may belong to or that has been applied to or upon said land and applying for permit to transfer such water right to any other lands to which the same may be profitably applied, and apply to have such new or additional tract included within the boundaries of such district as provided by law and upon the exclusion of such lands and the inclusion of the new tract as herein contemplated, the board shall make the order of exclusion and inclusion of the lands and the transfer of the water right. A certified copy of such order shall be filed for record and recorded in the office of the register of deeds in the county in which such land is situated, and thereafter all the obligations against such land from which such water right has been taken, arising by reason of such water right, shall thereupon be canceled and such obligation shall follow and attach with such water right to the land so included: Provided, nothing herein contained shall authorize or empower the board of directors to include any land within its district unless the owner or lessee thereof shall pay or obligate such land to pay the same rate per acre for such water as all other lands have originally paid or have been obligated for, to cover costs of construction. It shall be the duty of the directors to make all necessary arrangements for right of way for laterals from the main canal to each tract of land subject to assessment, and when necessary the board shall exercise its rights of eminent domain to procure right of way for the laterals and shall make such rules in regard to the payment for such right of way as may be just and equitable: Provided, this section shall not be construed to deprive any person, persons, company, or corporation now entitled thereto, to exercise the right of eminent domain. Sec. 2. Repeal.-That Section 3465 of the Revised Statutes of Nebraska, 1913, and all acts and parts of acts in conflict herewith is hereby repealed. Sec. 3. Emergency.-Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval. Approved, April 6, 1917. CHAPTER 83. (House Roll No. 770.) [Introduced by Representative F. E. Stearns.] AN ACT to amend Section 3467, Revised Statutes for 1913, to repeal said original section and all acts and parts of acts in conflict herewith and to declare an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.-That Section 3467, Revised Statutes for 1913, are hereby amended to read as follows: 3467 Sec. 99. Irrigation-title to property acquired.—The legal title to all property acquired under the provisions of this article shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart to the uses and purposes set forth in this article. The board is hereby authorized and empowered to hold, use, and acquire, manage, occupy and possess such property and may convey the same, in whole or in part, to the United States, in trust, or to any trustee, for any period not exceeding thirty years, when authorized to do so by the affirmative vote of a majority of the qualified electors voting on such proposition at any general or special election held in such district. Notice of such election shall be given by posting notice thereof in three public places in each of the election precincts in said district for at least twenty days and also by publication of such notice in some newspaper published in the county where the office of the board of directors is kept, once each week for three successive weeks. Such notice shall specify the time and place of holding the election and shall contain a brief summary of the proposition involving the proposed conveyance. Such election shall be held and the result thereof determined and declared in conformity with the provisions of law governing the election of officers in such district, as nearly as may be practicable. No informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. Where such conveyance is made pursuant to the terms and provisions of any contract entered into by the district, upon full compliance with such terms and provisions of said contract by the district the title to said property shall revert to said district. Ch. 84) Claim-Treasurer 197 Sec. 2. Repeal.-That said original Section 3467, Revised Statutes for 1913, is hereby repealed. Sec. 3. Emergency. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval. Approved, April 6, 1917. CHAPTER 84. (House Roll No. 337.) [Introduced by Mr. Stearns.] AN ACT to amend Section 3481, Revised Statutes of 1913, and to provide a cash fund for the ready payment of the expense of operation and maintenance by the issuance of general fund warrants from time to time and for the sale or discount thereof, to repeal said original section, and to declare an emergency. Be it Enacted by the People of the State of Nebraska: Section 1. Amendment.—That Section 3481, Revised Statutes of 1913, is hereby amended to read as follows: 3481 Sec. 113. Irrigation districts-claims against-how paid-treasurers' report.-No claim shall be paid by the treasurer until the same shall have been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary, and if the district treasurer has not sufficient money on hand to pay such warrant when presented for payment he shall endorse thereon, "not paid for want of funds," and endorse thereon the date when so presented over his signature and from the time of such presentation until paid such warrants shall draw interest at the rate of 7 per cent per annum; provided, however, that whenever there is no cash on hand in the district treasury for the payment of general fund warrants when presented, the board of directors may in their discretion issue from time to time general fund warrants in denominations not greater than $1,000.00 to the aggregate amount required, drawn on the general fund levy for the current year and sell or discount the same to the best advantage and deposit the proceeds of such sale in some local bank in the name of the district, subject to the check of the chairman of such district and countersigned by the secretary in payment of any claim or claims ordered paid out of such fund by the board of directors. The board may draw from time to time from the construction fund and deposit it in the county treasury of the county where the office of the board is situated, any sum in excess of the sum of $25,000. The county treasurer is hereby authorized and required to receive and receipt for the same and place the same to the credit of the district, and he shall be responsible upon his official bond for the safekeeping and disbursement of the same, as in this article provided. He shall pay out the same, or any part thereof, to the treasurer of the district only and upon the order of the board, signed by the president and attested by the secretary. The county treasurer shall report in writing on the second Monday in each month the amount of money in the county treasury, the amount of receipts for the month preceding and the amount of moneys paid out. The report shall be verified and filed with the secretary of the board. The district treasurer shall also report to the board in writing, on the first Monday of each month the amount of money in the district treasury, the amount of receipts for the month preceding and the amount of items and expenditures, and the said report shall be verified and filed with the secretary of the board. The district treasurer shall keep a register in which he shall enter each warrant presented for payment showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in the order of their presentation for payment to the district treasurer. All warrants shall be drawn payable to the claimant or bearer, the same as county warrants. Sec. 2. Repeal.-Section 3481, Revised Statutes of 1913, is hereby repealed. Sec. 3. Emergency.-Whereas, an emergency exists this act shall take effect from and after its passage and approval. Approved, March 28, 1915. |