Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-16

the consent to Join or connect with or use any exist
ing works. or procure any lands necessary Tor the
construction and completion OF the plan adopted,
the said Board Of Water Commissioners shall, In the
name Of the people, proceed to eon1emn the game
under the provisions Of Title Z, Part g. OF the Code
Of Civil Procedure, and amendments thereto, which
| are now existing or may hereafter be made.
Section Is. All works contracted under the pro-
visions Of this Act shall be executed under the d.
rection of the State Engineer and an Engineer Sc
| lected by the Board of Water Commissioners. but
the immediate supervision Of the work while being
done shall be under the control CT the Engineer &C.
lected by the Beard. No works constructed snail De
paid for until approved by the Engineer IN charge
and the State Engineer, aud accepted by the BOARD
| OF Water Commissioners.
Section IA The cost OF the works conteinP.aleu
by Section 10 OF this ACT embracing all eontracts
purchases or eoud .mnation OF properly, anu an
| proper salaries and incidental expenses soaii DC
provided for and id out OF the construction iuhd
already Droyided Proper vouchers in dupi cate Tor
| all such expenditures, other than the WORK exc
cuted under contract, shall De certine1 " .ne
engineer in charge and submitted ID tne boaIo Oh
Water Commissioners at heir regular meetings.
who shall the reupon examine and allow all Just and
proper claims and certify the original voucher Ter
| the same 70 the County Auditor who In ike II an
ner shall audit and allow the same " IN nis opin-
| ION thew are Just and proper, and rot otherwise,
| and draw a warrant upon the County Treasurer for
the amount allowed able out OF the construction
| fund Of the proper district
| Section Is The County Treasurer is hereby au-
thorized and required TO pay all warrants drawn by
the County Auditor upon the construction fund Of
| the particular district.
Section 49, All officers acting under provisions Of
this Act and their bondsmeD, are hereby made re-
spon ble for the Collection safe keeping and proper
accounting OF the funds ntrusted to them under the
provisions of this Act in the same manner now
provided by laws regulating their duties and respon-
sibilites with State and county funds.
Section IT, After the completion OF the works con-
tempated in Section 10 of this Act stored in
reservoirs the increased quantity acquired by the
construction Of DAMS shall be subject to distribution
by the Board OF Water Commissioners as provided
in this Act.
Section 49, The Board shall have power to make
all needfu rules and regulations for the protection
and maintenance Of the works when completed, a9d
shall make estimate OF the amount necessary 10 De
rails annually to pay for such work, which shall be
against the property as for the creation oil
the construction fund.- and collected and accounted
for in the same manner, the bills being allowed py
the Boaru and then audited and paid as already
provided for other charges against the construction
fund
But in case the different bitches receiving water
from the new works will make satisfactory arrange
ments among themselves for the rsintenance OF
such works and the distribution OF the water, then
the Board may oe relieved fromthe obligation OF this
section imposed upon them, and the works be turned
over to the district reserving, however, to the
Board the right to resume control in case OF mis-
management or neglect Of the works by the dis rict
when complaint thereof is presented in writing by
six persons Effected by the alleged neglect i'm
proper distribution Of the water.
Section 10 After the passage Of this Act it shall
be unlawful for any per-on or persons to divert
waters from public source OF supply, as herein de-
fined and suffer the to waste by reason CT in
sufficient or badly. constr ucted poorly maintained
conduits.
Section 90. After the passage of this Act it shall
be unlawful for any person or persons, the owner or
owners or an artesan WELL to permit the waters of
the same TO flow, except when they are being put
TO useful purpose such as irrigation or storage
for future use.
Section 81. From and after the passage of this Act
it shall be unlawful for any person persons except
upon permit in due form issued by the Board of
Water Commissioners First-To construct or recon-
struct any weir, dam or wingdam across partially
across, or in the channel, OF any public stream
within the boundaries OF any organized irrigation
distri in TIE State SecoudTo construct any canal,
ditch cut beadgste headgates in alongside of, or
through, the banks OF any public stream within the
boundaries OF any orga ized Irrigation district IN
the State Third-To divert or cause to be diverted
ON the natural channel the waters of any public
stream or canyon, not wholly on private property
under one ownership Fourth To decrease, OF con-
struct works that will have the effect of decreasing
at any time season of the year, the flow of water
in any public stream or canyon not In private own
orsnip.
Section % Any person or persons offending
against the provisions OF the preceding sections
shall be guilty of a misdemeanor, and upon con-
yiction before Justice of the Peace Of the town.
ship in which the oGense occurred, shall be subject
to foe of not less than fifty nor more than one
first uffense and in case Of inability to Fay the fine,
each person SO convicted may be imprisoned in the
County Jail not less than fifteen more than fifty
days and for the second any subsequent ofense,
lot less than one hundred dollars nor more than two
hundred and fifty dollars and in case OF inability to
pay such fine. each person so convicted NAV be I'M
prisoned in the County Jail not less than thirty days
nor more than eighty.
All fines collected for such ofenses and above
costs OF suit, shall be paid into the construction
fund of the district.
Section %. Waters which rise upon private prop
erty in natural springs wells or swamps or which
may be caused to rise by charging, cleaning out, or
otherwise improving such sources OF supply or by
driving tunnel, digging, boring or driving well
upon such private property, shall be regarded as
pertaining to the property upon which they rise,
and belonging the owner or owners thereof for
use on their Gwn lands, but without waste. But
whenever any such waters have flowed beyond the
bounds OF the tract OF land in one ownership upon
which they have their rise they shall be regarded
as public waters and shall be subject to all the pro-
visions of this Act.
Section q. All waters in the State not held in
private ownership under the rule recognized in the
preceding section hereby declared to be and the
shall remain forever public waters OF the State,
and shall never become the subject of private or
corporate control or ownership when needed for
irrigation purposes.