next fourteen years; or if the bond term be more than twenty years, then in substantially proportionate installments.

Sec. 2. Same-election.-No bonds shall be issued or contract entered into under the provisions of Section 1 of this act unless the same shall be authorized by a majority vote of the electors of such district at any general or special election. held in such district. Such election shall be held pursuant to resolution of the Board of Directors calling the same and the provisions of law governing the holding of elections to vote bonds in irrigation districts are hereby made applicable to elections held under this act.

Sec. 3. Act cumulative.-The right, power and authority hereby given to irrigation districts is intended to be cumulative and shall be in addition to all other statutes of this state relating to bonded indebtedness or irrigation districts.

Sec. 4. Repeal.-All acts and parts of acts in conflict herewith are hereby repealed.

Sec. 5. Emergency.-Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved, April 5, 1917.

CHAPTER 191.

(House Roll No. 149.)

[Introduced by Mr. Stearns.]

AN ACT relating to irrigation districts.

Be It Enacted by the People of the State of Nebraska:

Section 1. Irrigation districts districts acceptance of federal reclamation aid.—Any irrigation district is hereby authorized to be created and is empowered to co-operate with the United States under the Act of June 17, 1902, (32 Stat. 388) known as the Federal Reclamation Act and acts amendatory thereof and supplementary thereto, for purposes of construction of

Ch. 191)

Federal Aid

465

irrigation works, including drainage works, or for the purchase, extension, operation or maintenance of irrigation works, including drainage works, or for the assumption as principal or guarantor of indebtedness to the United States on account of any district lands, and in that case the district shall levy and assess the several land owners entering lands under the reclamation laws or acquiring water rights thereunder in accordance with the Reclamation Law, public notices and orders issued thereunder with existing contracts made between the individual land owners and the United States and as may be contracted for between the district and the United States, and the district is hereby clothed with full taxing power to collect such sums under the revenue laws of the state as in the case of other irrigation districts. Provided, however, that any property acquired by the district may be conveyed to the United States insofar as the same may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract that may be entered into with the United States pursuant to this Act.

Sec. 2. Same-payments of Federal charges.-The contract provisions for the payment of construction charges to the United States and the bonds securing the payment of the same, if any be issued and deposited, may be of such denominations and may call for the payment of such interest not exceeding six per cent per annum, and may provide for such installments and for repayment of the principal at such times, as may be required by the Federal laws and as may be agreed upon between the board and the Secretary of the Interior. The contract indebtedness to the United States shall be a prior lien to any subsequent bond issue of the district.

Approved, March 28, 1917.

CHAPTER 192.

(House Roll No. 141.)

[Introduced by Mr. Stearns.]

AN ACT relating to confirmation by district courts of the proceedings and contracts of the board of directors of any irrigation district, and declaring an emergency.

Be It Enacted by the People of the State of Nebraska:

Section 1. Irrigation districts contracts with U. S.-approved by district court.-The board of directors of any irrigation district heretofore or hereafter organized, may, in their discretion, before or after the making of any contract with the United States or others, the levying of any assessment or the taking of any particular steps or action, commence a special proceeding in the district court of the state, in and by which the proceedings of such board and of said district leading up to or including the making of any such contract, and the validity of any of the terms thereof, the levying of any assessment or the taking of any particular steps or action, shall be judicially examined, approved and confirmed or disapproved and disaffirmed.

Sec. 2. Same-procedure. The practice and procedure for the confirmation of any step or action in the last above section provided shall be as nearly as possible in conformity with the practice and procedure now provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings and in so far as possible the court shall remedy and cure all defects in said proceedings.

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 5, 1917.

AN ACT to authorize and empower the Board of Directors of Irrigation Districts to borrow funds for payment on contracts with the United States, and to meet unforeseen and unusual conditions arising in the operation and maintenance of irrigation systems; limiting the amount so to be borrowed; providing for the repayment of the amount so borrowed; repealing 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. Irrigation districts borrow money to meet contract debt with U. S.-The board of directors of any irrigation district in this state sustaining contractual relations with the United States shall have the power to borrow funds for the purpose of making any necessary payments thereon and to pledge the credit of the district for the payment of the same. The board of directors of any irrigation district in this State shall have the power to borrow funds to meet the necessities of any unforeseen or unusual conditions arising in the operation and maintenance of the irrigation system of said district and to pledge the credit of such district for the payment thereof. The total sum borrowed by any district under the provisions of this act shall at no time exceed two-thirds the amount of the general fund levy of such district for the preceeding year. If the levy for the then current year shall be insufficient to provide for the payment of the sum or sums so borrowed, then such payment shall be provided for in the levy for the year next ensuing.

Sec. 2. Repeal.-All acts or parts of acts in conflict herewith are 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 5, 1917.

CHAPTER 194.

(House Roll No. 117.)

[Introduced by Mr. Olson.]

AN ACT relating to damming of draws, dry water courses and creeks of running water, providing for irrigation.

Be It Enacted by the People of the State of Nebraska:

Section 1. Irrigation-acceptance of act.-The provisions of this act shall apply only to such counties in this state as shall, by resolution of their respective county boards, duly adopt the same. Said resolution shall be substantially as follows: "Resolved, that this county adopt and accept the provisions of the act of the legislature of 1917, entitled, "An act relating to damming of draws, dry water courses and creeks of running water, providing for irrigation." Provided, that if the county board on their own motion fail to adopt said resolution when a petition requesting them to do so, signed by 25 per cent of the taxpayers of any county in this state is filed with the county clerk, the county board of such county, shall adopt such resolutions at their next regular meeting, after such petition has been presented, and if such petition is presented during a regular meeting of said board, it shall be their duty to pass such resolution before adjournment of such regular meeting.

Sec. 2. Reservoirs-county construct.-In all counties adopting the provisions of this act, it shall be the duty of the road overseer of the respective road districts of said county, whenever it shall be necessary to construct a bridge or culvert across any draw, dry water course or creek of running water on any public highway in their district, to construct across said draw or dry water course, and to construct across any creek, if in their judgment it can be successfully done a dam to be constructed either of dirt, cement or stone, as in the judgment of the county board of such county shall be deemed most feasible. That said dam shall be so constructed that a spillway shall be provided to carry off surplus flood waters, and in case it is not convenient to construct spillways or it is thought to be too expensive, then the top of said dams shall be made of cement or stone or out of both materials, in such porportions and at such depth as will permit the overflow water to pass over said dam without washing, and provided further, that all dams shall be