The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-16
THE WATER COMMISSION.
Full Text OF tho Bii In tho House Great
ing 1t.

The following IL the full text Of house
bill 26, introduced Saturday. 10 establish q
state water commission:
A bill for an act TO establish departments
and to create a state water commission and
TO define the powers of zach.
BE il enacted by the legislative assembly
of tho state of Montana:
SECTION ]. III state Ia hereby divided
into two general departments which shall
DO designated A. departments Nos. l and 9
and shall be defined ~ ordained in ~sectiona
2 and 3 of this act.
SEC. 2. The inhabitants of all that por-
tion of the state of Montana lying east OF
the main divide of the Rocky mountains,
the waters of which drain into the Gulf Of
Mexico, nro hereby constituted 4 body
style of department No. l." and by that
name shall have perpetual succession, may
sue and be sued, plead and DO implicated.
in oil courts Of law and equity and may
have and use q common seal and alter int
same at pleasure.
SEC. 3. The inhabitants Of all that por-
tion of the state OF Montana lying west OF
tains, the waters OF which drain into
the Pacific ocean. are hereby con-
stituted q body politic and corporate BY
the name and style of Department No:
2" and by that name shall have perpetual
succession. may sue and be sued. plead and
equity, and may have and use n common
seal and alter the Same ut pleasure.
SEC. 4. The corporate authorities of both
the said Department. shall be vested in 4
commission. which shall be known as
estate Water Commission" II tho cor
porate powers of said corporations shall be
exercised by said commission; provided,
That vrinF tn {ha 0pOAnicatinn nf amid Onno-
mission tho governor shall be vested with
the CO porate covers aforesaid for the pur-
pose of defending any action instituted to
test the constitutionslity OF this act. Said
commission shall DO composed of two
members from each Of said departments
provided; that in the event n majority of
the votes of a department at any election
are opposed TO the issue of the bonds of
such department. the governor shall ap-
point two members OF said commits
sion from the department giving Il
majority Of the votes at any election
IN favor of the issue OF the bonds of such
department, and the terms of Office Of tho
commissioner shall be two years to date
from the passage of this act and thereafter
for two years. TIT governor shall be ex-
of1icio u member OF said commission until
such time as the other department decides
at any general election by a majority of the
votes cast to issue bonds, In which event
the governor shall, within sixty days after
suoh election, appoint from the electors Of
such department two members OF said CON-
mission, who shall serve for two years to
date from the day OF said election and
thereafter for two years. And in the event
neither of said departments Authorize the
issue of said bonds. then the governor shall
not appoint any member OF said commits
sion. but shall submit the question of the
issue OF the said bonds for the approval OF
the electors of each department at each and
every general election succeeding till such
time az both of said departments shall have
authorized such issue. All bodies of water
within the boundaries of each department
shall be the pope ty of such department
and shall be subject to the exclusive control
of the State water commission.
SEQ. s. Not moro than one member Of
said commission from either department
shall be chosen from any one political
patty. Each COMMISSIONS shall receive
e.. 200 per annum as compensation for his
services and in addition necessary travel
ing expenses while examining the works of
a Departments, and shall devote his
whole time to the duties of his
office, and shall, before entering
upon the duties Of his office, take an OATH
to we'll and properly discharge the dutieu
of his Office for the welfare Of the whole
people, which oath shall be reduced TO writ
ing, subscribed by him and filed in the
office of tho secretary of state and shall
each execute Il good and sufficient bond In
the penal sun OF $4,000 to he approved by
Che governor.
SEC. 6. AS soon az practicable after quail
~fioation of its members, the said oo,nnis-
sion shall meet at the capital of the state
and organize by choosing one of its mem
bers president and one of their number
auditor. The said mission shall choose
IL secretary and attorney, who shall serve
until their saccessora are chosen, and all
officers appointed bv the commission shall
be subject to ,emoval ut the pleasure OF tho
said commission. For the two years next
nftor the passage of TINS net the president
and auditor shall serve for two years, and
thereafter for two years until their sue
are chosen.
SEC. Z. Said commission shall employ a
state engineer, who shall, under the con-
troll of the state water commIssiou, survey
shall superintend the construction Of the
canals. reservoirs OF other works
in the following valleys. TO, wit:
Boulder, Beaverhend. Bite Root, Deer |
Flathead, Gallatin. Jefferson, Upper
Milk river, Lower Milk river. Marins, Mus
selshell, Uppe: Missouri, Central Missouri, |
Missouri, Madison. Ruby, Kosebud,
sun river, Tongue river, Upper Yellow
stone, Central Yellowstone, Lower Yellow
Should the mature of the country or de-
mands of population make necessary the
building OF canals. ~'esetvoIrs or other
in other localities, the commission
shall cause proper plans to be made and
p' oseoute the construction of nll canals or
other works with proper regard for tho in
~Ierests of the whole PEOPLE and the devel-
opment Of the state.
SEC. 9. Within sixty days after the pas
'hge of this act the governor shall call an
by the electors of each department.,
election shall be held within sixty
lays after such call, for the purpose of
authorizing the issue OF the bonds of each of
said departments called for by this act, said
to boar interest at q rate not to ex-
iced five per cent per annum, payable semi
annually, and said bonds TO run not less
han twenty yea g nor more than fifty yea
md to be subject to REDEMPTION at the op-
ion of the commission or its successor as
oilows, to-wit: twenty yea q. twenty five
ears, thirty years. thirty five wears, forty
ears and forty-fve years after Issue. The
orm and denomination of snid bonds shall
'e dete mined by said commission, pro-
'lded, said bonds shall be signed by the
and attested by the secretary of
commission and sesled with tho proper
cal.
1t shall be the duty Of said commission
o keep an accurate register of ali bonds
ssued by them, showing the number, date
md amount of each bond, and said regis
err shall at all times be open TO tho inspco-
ion of the public.
The canals, reservoirs and other depsrt-
nens or district property, for the constr uo-
ION, repair and Improvement of which su,d
may be issued, shall be irreyocably
lodged for the payment of the principal