St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
board shall have authority to Designate
another newspaper for the remainder Of
the year"

board shall havs authority to Designate
smother newspaper for the remainder OF
Approved April %, 1907.
CHAPTER 44s.H. F; No; s7e:
Of drainage of lands, and meandered
bodies Of water, in certain cases proytd.
Ing for the construction and repair,of
o ossnnss; d snd sfor ro the t dfnans 81 an 1an Ta and
for h reimbursement in certain cases
OF owners OF. lands damaged thereby,
providing methods for doing such con-
bursement, providing for the collection
OF the costs and expenses of the same,
prescribing the powers and duties OF
other r0e Officers nuo in the premises Misses app pro-
priating funds for the payment Of as
sessments against state lands affected
5 1ieiatlSSn; P }hersaf. and P1 proEiaing ff fer-t the
issuance of bonds for the purpose. of
carrying the act into effect.
State Of Minnesota:
Section l: The judges Of the district
courts OF the state shall have power,
when they shall find the conditions stated
to cause to be constructed. as hereinafter
provided, any ditch, drain, creek or other
water course within their several judicial
Districts: and such ditch. drain, creek o.
part, follow and consist Of the bed of any
stream, creek or river. whether naviga-
ed or not. The said judges may Widen,
cause to be drained the channel or bed
water? e Course, 'tv Whether tIer u n%e Uslsi na'a ana
whether meandered or not, and may fol-
low n extend the same into or through
any city or village within any such coun-
ty, far enough to secure a sufficient fall
and flow Of water to reasonably effectu-
ate the purpose for which the work is ex-
tended, and may contine any such creek,
river or other water course by means Of
dykes. levees and embankments to its
natural or artificial bed, as laid out.
Provided, that when in any such pro-
c c'eesr g. the waters ,,tt rs Of any such creek;
from their natural bed by such artificial
ditch or drain. such ditch or drain shall
as nearly as practicable follow the gen.
eral direction Of such creek. river or wa
ter course, and termini therein.
And. provided further. that. no mean
dered lake shall be drained under the au-
thse si y Of Of this sa act, EXCEPT s;,s e otod in case ease such UGH
volume to be capable of any beneficial
public use of a substantial character for
fishing, boating or public water supply.
ters from any m~eandered lake that may
have overflowed, or may hereafter over
flow outside Of its natural bed. may be
drained away under the authority of this
act.
Provided further. that when a petition
shall be filed as hereinafter provided for
the mssn DHrp9se or Of ~, d lr i 5si. an y ,s sha11eT
under the provisions of this act, the
court h have the power to order to be
constructed and established a new, indie
water course. outlet or outlets, for the
purpose Of effectually draining such
marshy, meandered or shallow 1ake-bed
in whole or in part, as the case may be
and petitioned for.
Provided further, that no meandered
lake shall be drained or lowered under
the authority of this act If objection ia
made thereto by remonstrance signed by
at least seventy-five legal voters residing
within four miles of such lake. who are
freeholders, whose lands are affected as
shown by the viewers report. and filed in
the office Of the clerk of the district court
had.
Provided further, that no meandered
lake adjoining an incorporated village, or
within four miles Of any city of the
fourth class. or upon which an incorpo-
rated village is a riparian owner, shall be
drained or lowered unless by the approx
Of said village or city at any. annual OF
special election held for such purpose.
Ten days posted notice thereof shall be
given, and such election held upon writ
ten request Of three or more riparian
owners upon any such meandered lake:
but the provisions of this chapter shall
not grant to any person or the judges OF
any district court in this state the right
to divert in any manner the waters from
any lake, stream or other body Of water
that constitutes a part Of or is connected
lage in this state. : s~.
sec:'2. The county. board in any county
in this state wherein is situated any
river. water course, creek, or lake
water has been raised, Increased or OBJ;
structed by reason Of its tributaries, and
causing surrounding or aburtins land tt
be ,overflowed thereby, are hereby al,
money out Of III :on,ty revenue fund
to aid in %defraying the expenses in deep.
ening and widening any ditch now. OF
Strengthening, or widening such river
water course or creek, OF removing such
obstruction therefrom, or constructing
additional outlets for the purpose o. o.
the Judgment Of the court before whom
any drainage proceedings are pending. is
just and right, and as may be pet1tioned
for and approved by the court, but said
moneys so appropriated shall in no event
exceed one-half of the expense so in,
CURED. in deepening, STRENGTHENING, and
creek. or in removing such obstruction
therefrom, or draining such lake, and the
balance of such expense shall be assessed
against the lands benefited as provided
in this act. =,
Sec. 3. Before any district judge shall
establish any ditch drain or water course
or other construction named in section
one Of this chapter, there shall be nre.
in the judicial district in which any part
Of the proposed ditch is to be located.
a petition signed by one or more OF the
land owners whose lands will be liable TO
be affected by or assessed for the eX-
pense of the construction of the same, or
by the supervisors of any township, or
the duly authorized officers of the city
or village council. which toWnsn1p; :, va II !.
assessed for the proposed construction,
or by the duly authorized agent of any
public institution or corporation, Whose
fected by, or assessed for, the expense
of the construction of the same. or by
the state board of control, OF Its duly
authorized agent, setting forth the neees-
sity thereof. and that 1T VIII be OF puolc
that such ditch or drain is necessary for
the purpose Of drainage Of lands therein
described with a description Of the pro-
posed starting points, routes and termlm:
and one-or more Of such petitioners shall
hold sureties, payable to the county, 10
be approved, including amount, and sure
ties by the district judge. conditioned to
pay all expense n case the court st hal
drain or water course. Said petition shall
also contain a legal description Of all
lands through which said proposed ditch
shall run. or to be drained, as near as
shallow or meandered lake. is to be
drained In whole or in part the legal de-
scription of all of such lands within a
radius Of four miles of such lake., or por-
lands may be affected thereby and as
sessed for the construction of any pro-
posed ditch or outlet to said lake.
Provided, that the: principal or princi,
1 III 80 ,,n1<3@ '~,Io . how ciOra6 said