Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-27

SEC. I. The bylaws adopted must be
signed by persons owning a majority of
the land within the district, and must be
recorded by the register of deeds in the
same book and Immediately following the
petition.
SEC. s. The board thus formed shall have
power to elect one of their number presi-
dent thereof, and to employ engineers
to survey, plan, locate and esti-
mate the cost of the works necessary for the
irrigation, including dams, canals, s%Iuices,
water gates, entertainments and materials
for construction, INT to construct, main
tain and keep in repair all works necessary
to the object in view.
SEC. 9. The board of trustees must re-
port to the board of county commissioners
of the county. or if the district is in more
than one county, then to tbs @salu u
county commissioners of each county in
which the district is situated, the plans of
the work and estimates of the costs, to.
gether with estimates of the incidental eX-
penses OF superintendence, repairs, etc.
SEC. 10. The board by which the dis
trict was formed must appoint three COM
mlsSl0ncrS, disintcrpSted persons, resident
in the county in which the district or SOM
portion thereof is situated. and must view
and assess upon the lands situated in the
district a charge prnportionate to the whole
expense and to the benefits which will re-
suit from such works, which charge must
:" alA pau Ill' Xix CouilLy
treasury as hereinafter provided, IL must
br placed by the treasurer to the credit of
the district, and paid out for the work Of
irrigation upon the warrants of the
trustees, approved by the board of county
commissioner of the county.
SEC. II. The warrants drawn by the
trustees must, after they are approved by
the bnrad OF county commissioners. be pre-
scented to the treasurer of the county,, and,
II they are not paid on presentations, like
Endorsement must be made thereon. and
they must he registered in like manner as
county warrants.
+ ~. Ifa district is situated partly in
different counties the charge must be paid
INTO the treasury of the county in which
the particular tract may be situated.
SEC. II. If the original assessment is
insufficient to provide for the complete IT.
riual!on of the lands of the district, or if
further assessments are from time to time
required for the protection, maintenance
and repair of the works. the trustee, must
present to tn" board of county commissions
rrS in which the district waS formed a
statement of III" work to be done and its
estimated cost. and the board must make
al order directing the commissioners who
nladr the original assessment. or other
commissioners to be named in such order
t" assess the amount of such estimated
COST as 4 charge upon the lands within the
district. which assessment must be made
and collected in the same manner as the
original assessment.
SEC. Il. The commissioners appointed
by tine board of county commissioners
shall make a list of the charges against
each tract Of ldud.
SEC. Is. TIN" list must contain:
|. \ description by legal subdivisions
or Matura! boundaries Of each tract as
S'SSrd.
>. Tie Number of acres in each tract.
x Names of fine nu"DnrS nf ,.1nI trlrt If
KNOWN. and II unknown that fact.
T.. The amount OF the charge assessed
against rari, tract.
SEC. Ii. RE list so made must be filed
"illi the county treasurer of the county. or
if the district is partially situated in diff
ferrnt counties, then the original list must
be filed in the county first in order under
alphabetical arrangement, aud copies
thereof. certified by the commissioners.
mist be filed with the treasurer of each of
IN" oli. : "nlDtipS.
SEC. IL. From and alter :ho filing of the
list, or certified copy thereof, the Charges
assessed upon any tract of land within the
county constitutes a lien thereon.
SEC. Is. The lists thus prepared must
remain in the Office OF the treasurer for
thirty days, or longer il ordered by the
board OF trustees, and during the time they
so remain any person nay pay the amount
or the charge against any tract to the treas
urtr, without cost.
SEC. 10. If at the end of thirty days, or
OF the longer time fixed by the trustees, all
OF the %char4r> have not been paid, the treas
uIer must return The lists to the states at
torney, who must at once proceed by civil
action to collect such charges.
+ ~. The work must be executed
under the direction and in the manner pre-
scrihrd by the board of trustees.
81. The board must accurately keep
all accounts of expenditures. which ac-
counts, and all contracts that may be made
by them. shall he open to the inspection of
the board of county commissioners and
every person interested.
L -. The trustees may acquire by
purchase all property necessary to carry
ont and maintain the system of irrigation
pr'vidrd for.
SEC. %. The trustees may acquire by
condemnation:
|. The right tnuSr of any running water
not already used for culinary or domestic
purposes, OF tor ~lrrlgatlng, milling or
mining purposes.
.. The right of way for canals, drails
and embellishments and other work nrceS-
Sary, and may take materials for the con-
slructlon. maintenance. and repair thereof,
from lands outside of as we'll as within the
limits of the district.
SEC: =. The provisions of Section 5000,
Compiled Laws. are applicable to, and the
condemnation herein provided for must be
made hereunder.
SEC. %. Whenever any district Suscppti-
bic OF one mOGe of irrigation is entirely
owned by parties who desire to irrigate
the same and to manage the irrigation
without the intervention of trustees or the
establishment of bylaws, they may file
the petition provided for in Sections / and
:, and must state therein that they intend
to undertake. the irrigation on their own
responsibility.
SEC. 2. If the petition is gaantpd. the
owners of The land shall have all the
rights. immunitirs and privileges granted
to boards Of trustees. and in all proceed
ingS the names OF tie owners NAV be used
instead nf the names of trustees.
SEC. 20. All acts OF parts of acts in con-
tlict herewith are hereby repealed.
Approved March :. 1891.