The record-union., 1893-02-06
IRRIGATION LAW.
A SUPPLEMENTARY MEASURE By
SENATOR SEAWELL.
DISCRIMINATION Upon the Discharge of
all Outstanding Obligations
The Details.

Senator Seawell has introduced an inn
portant measure intended to be supple
mental to the irrigation law. 1t will be
watched with interest by those interested
in irrigation.
The first section of the bill provides
that Whenever petition is presented to
the Board of Directors of an irrigation
district in this State, organized under the
provisions of AN Act to provide for the
organization and government of irriga-
ton districts, and to provide for the
acquisition of water and other property,
and for the distribution of water thereby
for irrigation purposes approved March
Z, 1887, commonly known as the Wright
Law signed by majority of the tax
payers within said district, whose names
appear upon the last preceding assess
ment roll of said district, asking for the
abandonment of further operations by
the taxpayers of the district, the Board of
Directors oil said district shall call a
special election, as provided in other
cases for holding special elections in
irrigation districts, at which the ques-
ton of such abandonment of further
operations by the district shall be sub
mitIed."
The bill then goes on and provides thai
at such election the ballots used shall
have written or printed thereon the
words "A abandonment of operations
Yes" or abandonment of operations
No." and if majority of the votes cast
at such election shall be in favor of disor-
ganization, then and in that event the
Board of Directors shall enter upon their
records the fact that such election has
been held, and that majority of the
electors of said district have voted at said
alnafinp fn oil hnnHnp N rf bar hr-
the district, and thereafter no further
moneys shall be expended or indebted
ness incurred or created or property ac-
quired by said district for the construc-
ton or completion of any system of irri-
CATION works, and no taxes or assess
ments shall thereafter be levied or col
lected by or in said district for any of
such purposes, and no bonds of said dis
trict shall ever thereafter be issued or
sold or otherwise disposed of, and any
lands which may have been bought in by
the district for delinquent assessments
and the title TO which still remains in the
district, shall revert to the owner thereof
at the time of such sale; but all taxes for
the non-payment of which the said lands
were sold be paid to the Treasurer of the
district within thirty days after such vote
to abandon further operations by the dis
trict.
The Board of Directors of said district
shall sell and dispose of all the property
of said district as soon after such vote to
abandon further operations as it can be
done without sacrificing any of said prop
erty, but no lands bought in by the dis
trict for delinquent assessments shall be
sold until thirty days after such vote to
abandon further operations. The title to
any of the property of said district sold
by said board shall not vest in the pur-
chaser thereof until notice of such sale
l,n1 hnx Nv c-.aT1 l.,
publication thereof for four successive
weeks in newspaper published in each
of the counties in which any of the lands
of said district are situated, or if there is
any such county in which no newspaper
is published, then by posting such notice
in three or more conspicuous places in
such county and within such district
Said notice shall contain description of
the property sold, the price offered and
terms of sale, and fix time and place
within said district for hearing any OBJ
jections which may be made to such sale
by any one interested in said district.
Any such objection may be filed in writ
ing with such board or the Secretary
thereof at any time after publication of
said notice and prior to the day set for
such hearing. Ii no such objections are
filed, or if no increased offer for said
property be made as hereinafter pro-
vided, the board shall confirm said sale
and execute conveyance of the property
sold to the purchaser thereof. Such con-
veyance shall not be executed until
the purchase price shall have been
paid in full in cash, and sales
of personal property shall be for
! cash only; but sales of real property may
be for part cash and part deferred paw
mentS bearing interest ut the legal rate,
and in case of part deferred payments,
said Board of Directors may, on receipt OF
tlnsaf.
for conveyance of said property when
ever the purchase price thereof shall have
| been paid in full according to the terms
OF sale. If any objections be filed to such
sale as hereinbefore provided, said board
may vacate and refuse to confirm said
sale, and if objections thereto be so made
by a majority of the taxpayers of said
district whose names appear on the last
preceding assessment-rol thereof, said
| board must vacate and refuse to confirm
said sale. If any person shall at or prior
| to said hearing make or file with the said
board or the Secretary thereof written
offer to pay for said property at least 10
per cent. more than the price named in
! said notice OF sale, accompanied by a GER
titled check for 10 per cent. of the price
so offered, then said board shall confirm
| said sale to such increased bidder, and if
more than one such increased bid be re-
! ceived, then to the person offering the
! highest amount. The sale of any of the
real property of said district by said
! Board of Directors, as hereinbefore pro-
| vided, shall not affect or impair the lien
OF any outstanding bonds of said district
| upon such real property. Such sale shall
| only be of the interest of said district in
such property, subject to the lien thereon
OF any bonded Indebtedness of said dis
| trict.
| The Board of Directors shall apply all
/ of said district =, -
! time of such vote to abandon further op-
! erations or thereafter realized from the
| sale of the property thereof, after pay
ment of the legal and necessary expenses
| of the district, salaries of its officers nee
essary incidental expenses, and accrued
interest on the legally incurred and bona
| fide existing debt OF said district, to the
payment of any outstanding Indebtedness
| of said district other than bonds not vet
| due.
| The obligations of irrigation districts
which have voted to abandon further op-
| erations shall be governed by the same
laws as apply to those Of all other irriga-
ton districts, and to the same extent as
! though said vote to abandon further op-
erations had never been taken, and shall
/ be paid and discharged in the same man
ner and under the same laws a. the obli-
| cations of other irrigation districts which
| have not voted to abandon further opera
tions are paid and discharged, and ali
laws governing the affairs of irrigation
districts within this State shall apply to
and govern irrigation districts which
have voted to abandon further operations
to the same extent as though said vote
had never been taken, except where it is
otherwise expressly provided in this Act
| Whenever all the property of such irri-
CATION districts shall have been disposed
OF. and all the Indebtedness and obliga-
tions thereof, if any there be, shall have
been paid and discharged as hereinbefore
provided, and thirty days shall have ex-