Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-16
IRRIGATION.
A FILL PREPARED FoR PKESEsTA
TON TO THg LEGISLATURE.
A plan Doing away with AL Legislative
and Expensive Commissions or
Additional State Officers.

b.
trbution Of water used therefor IN the several cou
ties Of this State
in senate and Assembly, do enact as follows:
Section l. The Board Of Supervisors in each coun-
ty Of the state shall be oficio the Board Of Wa
ter Commissioners
sad Board CT Water Commissioners shall be
CHARGED sith regulating the distribution of all wa
tiers arising from rnnz, rivers, st.eams canyons
which can be utilized for irrigation purposes within
their resps olive counties, and shall establish such
irrigation districts will best meet the wants OF the
people, or may sub divide districts already organ.
lied wlgn necessary.
Section > In case water course Is source Of
common supply fer more than one county, the
Boards OF Water Commissioners q the counties %
situated shall determine the quantity OF water to be
used thereirom by each county. But II said Boards
are unable 10 agree, then the Board Of an adjoining
county interested in the question at issue shall
be called n and the decision arrived at by the three
Boards acting jointly she'll oe final.
The necessary expenses Of the Board go called IN,
with mileage and per ciem allowed for service IN
their county, sha be made charge equally against
the counties affected and shall be allowed and paid
az other county Indebtedness
section 8 All waters referred to in Section J.,
which can be used for irrigation, shall be appor-
tiooed among the inhabitants OF the district, re-
ceving from the same source OF supply, IN the iol-
lowing order: First All public bitches. that Il,
bitches built by public funds OF acquired " tne PEP
pie Of the district shall have the first RI bit IN the
distribution Second-All bitches owned by corpora
tons supplying more than one individual with wa,
ter, shall have the second right; and Thnd-Al
bitches owned by individuals using sDe water Tor
their own benefit, which De utilized for sup
plying adjacent lands shall have the third right
secton T. The acreage to be irrigated from either
or all of the three classes Of bitches sh Ill annually
at least three weeks before the time established by
law for fixing water rates. be given to the Board OF
Water Commissioners, who shall investigate such
returns FIRST giving notice by publication OF the
time Fixed for the investigation and shall then hear
ell the matters presented touching the rights and
wants Of the respective claimants. They shall then
sppo,tion the quantity Of water to each; but no
ditch individual shall be deprived OF water, or OF
an equitable share according to the quantity OF
water 10 be distributed taking into consideration
the area OF land to he irrigated and its character.
Section s. II the owner OF private ditch, or cor
pofation the officers having charge OF the public
ditch, shall be dissatisfied with the apportionment
so de the Board Of Water Commissioners, upon
the petition of the party or parties dissatised ana
the filing Of bond for the payment OF costs, shall
notify the Water Commissioners OF an adjoining
county, who shall appear within ten days az some
appointed place near the dlich about which the
controversy exists, and both Boards shall there and
then investigate the matter, allowing all parties
affected to present testimony and appear by counsel
If they so desire: and the decision of the two
Boards shall be final. The necessary expenses Of
said Boards, with mileage and per diem as allowed
ia their respective counties, shall be allowed and
paid iatably by the parties bitches involved in
the controversy, and may be collected other
debts due by said companies with twenty per cent.
10 be added 10 the judgment in suit has TO be
brought for the collection of such charges
Section g. When the supply of water for irrigation
in the summer time has diminished that the
nual division made among the several bitches Is
productive OF waste the interested parties may
make such changes IN the mode OF distribution as
they can agree upon provided however, that 70
ditch shall be entirely deprived Of water If it would
cause material damage to fumes. But il such
agreement cannot be made, then il the existing
rule of distribution il shown to be injurious by the
statement Of twelve persons affected thereby. the
Board Of Water Commissioners shall call a meeting
Of the officers individual owners of the bitches
at such meeting Ill plans or propositions presented
bearing upon the question OF distribution shall be
heard, and the matter shall be carefully invest-
gated by examining the works, il deemed necessary
BY the Board The Beard shall then render their de-
cision and make their order as to the manner in
which the water shall be used in the different
bitches. But if the officers or the managers OF
either ditch shall be dis tised with the order Of the
Board, the matter may be determined as provided
IN Section Of this Act.
Section z ANY person owning land capable of IL
rigation, aud which be supplied with water from
ditch owned by an Individual, corporation, or
the public but to the construction OF which ditch
he has contributed shall not account there Il
be deprived OF his proportonate share of the water
allowed to such ditch. provided his land was pre-
scented to the Board of Water Commissioners at the
annual presentation of other tracts requiring water
but he shall pay to the owner of the ditch for the
water be obtains twenty five per cent. than is
charged stockholders of the ditch he receives FROM
or than the price fixed by the Board OF Supervisors
in case the ditch Is owned by an individual.
Section 8. The Board of Water Commissioners
shall invest gate all complaints filed with them
if verified by the complaining party, or may without
rerifCation if they deem it necessary, relating to
any violation Of this awards as to the quantity Of
water made annually to the several bitches, relat
ing to the improper waste of water by the
owners CT overseers Of any Of the dtches relating
to undue waste OF water occasioned by the faulty
construction OF any Of the bitches between the point
where tie water IS diverted and the point OF dis
trbution. In case the complaint is sustained, the
Board shall make such order shall in their judg
mont remedy or correct the abuse complained of ;
and they may prohibit the distribution OF any more
wa'er TO the parties or bitches complained oil uhtI
reparation is made according to the decision,
til the works repaired according to their order
and to their satisfaction.
Section Q. All bitches, whether public, corporate
OF indi idual in ownership, shall be managed
according to the bylaws or rules agreed upon by
the owners thereof (ad laws rules to be printed
and copy TO he deposited with the Board of Water
Commissioners) subject, boweN er, TO the general
laws under which the bitches were constructed if
still in FORCE such other laws IS NAV be provided
therefor from time to time by the L 7gislature
Section 10. When twelve persons who own irriga-
bic lands in any district shall file with the Board Of
Water Commissioners petition settiog forth that
in their opinion the quantity Of required for
irrigation in said district be increased by the
construction Of reservoirs, or by dams to prevent
under drainage in the rivers the Board shall inves
tigate the matter; and if, in their opinion, they
shall deem the matter presented in the petition
feasible and beneficial TO the dis TicE, they shall sub
nit the same to the State Engineer, who shall
within thirty days thereafter report to the Board OF
Water commissioners the result OF MS Prev
vestigations irrigation in said district bearing
upon the questions submitted or, in the State
Eogiuser MSS not made the investigations requisite
enable him to make the report called for, then he
shall make such investigation within xy days. and
report the result to the Water Commissioners. The
engineer shall report plans, specifications and esi
mates of the cost Of the wotks necessary in said
district 70 secure the desired amount OF water or
prevent its by under Dir image in the river and
shall present map CT the land in the district which,,
in his opinion will be benefited by the prop 1sed i'm
Y1rovements. Upon receIp5 Of such rep 1T and map,
the Board OF Water Commissioners shall fix time
for considering the M, giving twenty days ice.
by publication, TO all wnerso Claimants OF lands
represented the map as benefited by the proposed
improvements to appear aud present their objec-
lions IL auy they have, against their land or the
land which they legally represent. being included
among the tracts to be assessed for the proposed
improvements.
fter hearing all the objesti ms and evidence pre-
scented the Board may adopt reject or amend the
whole or any part Of the plans or Of the map, or may
renort them back to the Ssa'e Engineer for further
report After the adoption of the plaus and specif-
cation Of the work to be done with the estimate Of
the cost thereof including the services of District
Engineer the Board u Water Commissioners shall
tx day. giving twenty days notice thereof by pub.
Ilc1tinn for submit tug to the property.owneTs in
said district whose lauds included in the adopted
map as lands benefited by the proposed improve
nepts the question whether they shall tax them
selves for the construction OF the works.
Only such persons as are owners of the land to be
assessed, or their duly appointed attorneys, shall
BE voted upon in the following form For the Tx,
Yes; or, for the tax, No.
The result shall be determined by the majority
vote for or against the proposed tax. If the ma
ieriy vote be sfor the tax, then the amount neces
sarv 10 BE- rails d. according to the estimate and in
GLIDING the services of ihe District Engineer and the
cost of ssing and collecting the WHOLE shall be
assessed by the County Assessor upon the land en-
braeed in the adopted map, in addition the ate
and county taxes for the same year, subject to the
same penalties and lab lities as for State and
county taxes and collest at the same time and
in ne same Mariner, aud paid over to the County
Treasurer, to be by him kept separate from the
county taxes and designated as Construction Fund
for Water District No. -
When the fund has been collected, or sufficient to
Justify the commencement OF the work, the Board
of Water Commissioners shall advertise for thirty
DAYS in 10 newspapers CT general circulation in the
county Zone OF which shs be IN the irrigation dis
tric If one is published herein), for the constric
ton Of the works according to the plans and speei-
fcatious adopted, stating where the Tlans and
specifications can be found for ex animation, ard
shall state generally the terms Of payment and the
fine In which the work shall b. completed, reserv-
ing to the Board the right to reject any all bids
All contracts shall be awarded to the lowest re-
sponsible bidder Of biz bid is not deemed too high
liz the Boardl and the contractor shall give good
and sufficient bonGs, to be approved by the Board
in not less then twenty five per cent. of the cost Of
THE h0nd Uhn