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mental thereto, shall be and remain in force as regards irrigation districts in this act referred to except in so far as herein modified expressly or by necessary implication; and nothing in this act shall be so construed as to affect irrigation district operations not related to co-operation with the United States. However, the provisions of section fifty three of said act, approved March 31, 1897, shall not apply in case of any contract between an irrigation district and the United States.

ACT 3874.

An act authorizing and empowering irrigation and reclamation districts to enter into contracts with the United States Reclamation Service for the reclamation of lands within such district under the provisions of the so-called "twenty year extension act."

[Approved May 21, 1917. Stats. 1917, p. 781. In effect July 27, 1917.] § 1. Irrigation and reclamation districts may contract with U. S. Reclamation Service.

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§ 1. Irrigation and reclamation districts may contract with the U. S. Reclamation Service. The board of trustees, or directors of any irrigation or reclamation district now organized under the provisions of the laws of the state of California, or of any irrigation or reclamation district hereafter organized under the laws of the state of California, may, in their discretion, whenever it is determined by such board that it is for the best interests of such districts, enter into a con tract with the proper officers of the United States Reclamation Service for the reclamation, either by drainage or irrigation of lands within the boundaries of such district, or by preventing high water from overflowing the same, under the provisions of an act of congress approved August 13, 1914, entitled "An act extending the period of payment under reclamation projects, and for other purposes," which act is commonly known as the twenty year extension act, and from and after the execution of such contract, the amount of indebtedness created thereby shall be and become a lien upon the lands to be benefited by such reclamation work.

§ 2. Payment of amounts due. The board of trustees or directors of any irrigation or reclamation district above mentioned, shall provide by a resolution duly adopted at a regular meeting, or special meeting of such board called for the purpose, for the payments of the amounts to become due under the contract with the United States, according to the provisions of such contract, by assessment upon the lands, in such district, which are to be benefited by such work, such assessment to be collected by the tax collector of the county within which such lands are situated, the same as other taxes are collected, or by any other officer authorized by law to collect assessments within said district.

АСТ 3875.

An act defining a private irrigation plant and mutual water company and providing the conditions under which the owner of a private irrigation plant or a mutual water company may deliver water to others or others than its stockholders or members without becoming a public utility, and limiting such authority to the time the United

States is a party to war or to a state of war; and declaring this act to be an urgency measure.

[Approved May 5, 1917. Stats. 1917, p. 281. In effect immediately.]

§ 1.

§ 2.

Private irrigation plant." "Mutual water company."

Water may be delivered to other than stockholders, when statement filed with railroad commission.

§ 3. Urgency measure.

§ 1. "Private irrigation plant." "Mutual water company." (a) The term “private irrigation plant," when used in this act, shall be construed to mean a water system, which is not operated by a mutual water company as herein defined or by a public utility as defined in the public utilities act, approved December 23, 1911, and acts amendatory thereof, or in the act entitled "An act providing for the regulation of water companies, defining their powers and duties, defining the powers and duties of the railroad commission with reference thereto, and defining the conditions under which such water companies become subject to the provisions of the public utilities act and the railroad commission of the state of California," approved April 25, 1913.

(b) The term "mutual water company," when used in this act, means any private corporation or association organized for the purpose of delivering water solely to its stockholders or members at cost.

§ 2. Water may be delivered to other than stockholders, when statement filed with railroad commission. For the sole purpose of increasing the output of agricultural products in this state during the time the United States is a party to war or to a state of war, the owner of any private irrigation plant or any mutual water company may at its option deliver water to others or others than its, stockholders or members, with or without compensation, without becoming a public utility subject to the jurisdiction of the railroad commission of the state of California; provided, that no delivery of water to others than stockholders or members shall be authorized until the orders for water of all stockholders or members made in accordance with the constitution, by-laws, rules or regulations of such mutual water company have been filled; and provided, further, that the temporary service herein authorized shall not be construed as granting any right to render or receive such service more than six months after such war need has ceased; and provided, further, that after June first, one thousand nine hundred seventeen, no such temporary service of water shall be made unless a statement is first filed with the railroad commission stating the private irrigation plant or mutual water company rendering such service, the party receiving such service, the lands irrigated and the rate, if any, charged for such service.

§ 3. Urgency measure. This act is hereby declared to be an urgency measure, and under the provisions of section one of article IV of the constitution of the state of California shall take effect immediately. The facts constituting such urgency are as follows: The United States is now in a state of war and there is a shortage of crops in this state and throughout the nation generally. It is therefore necessary for the immediate preservation of public safety

that this act take effect immediately so that the use of water in the irrigated area and the resulting crop returns of the state may be increased to the maximum output without delay.

АСТ 3876.

An act to provide for the dissolution of irrigation districts, the ascertainment and discharge of their indebtedness, and the distribution of their property.

[Approved February 10, 1903. Stats. 1903, p. 3.]

Amended 1909, p. 139; 1911, p. 118 (Extra Session); 1913, p. 39; 1915, p. 859.

§ 1. Irrigation districts may be dissolved. In case of contract with United States.

§ 2. Manner of dissolution. Petition, what to contain.

$ 24. Proceedings under certain conditions.

§ 2a. Statement of district. Having no assets. Special elections. Ballot.

§ 3. Special election. Notice of election. Ballots.

§ 4.

5.

§ 6.

§ 7.

§ 8.

§ 9.

Validity of proceedings, how determined. Right of appeal.
Facts required by superior court. Costs of contests.
Assessment payer may bring action.

Assets of district may be acquired by corporation.
Powers of court. Sale of assets.

Assessments to be liens. Redemptions.

§ 10. Disposition of surplus property.

§ 101. Indebtedness, schedule of.

§ 11. Act takes effect when.

§ 1. Irrigation districts may be dissolved. In case of contract with United States. Any irrigation district organized under the provisions of an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seven, eighteen hundred and eighty-seven, and all acts supplementary thereto or amendatory thereof, including an act entitled "An act to provide for the organization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of lands embraced within such districts, and also, to provide for the distribution of water for irrigation purposes," approved March thirty-first, eighteen hundred and ninety-seven, may be dissolved in the manner hereinafter provided; provided, that in case a contract authorized by law has been made between the district and the United States for the construction, operation and maintenance of the necessary works for the delivery of water or for a water supply, no such district shall be dissolved and no proceedings entertained by any court or otherwise looking to the dissolution of such district, until the written assent of the secretary of the interior be given to such dissolution. [Amendment approved May 26, 1915. Stats. 1915, p. 859.]

§ 2. Manner of dissolution. Petition, what to contain. A majority in number of the holders of title, or evidence of title, to real property in any irrigation district, and a majority in value of said property according to the equalized assessment-roll of said district for the year last preceding upon which any assessment has been made, may

propose the dissolution of said district by a petition signed by such majority, which petition shall set forth the amount of the outstanding bonds, coupons, and other indebtedness, if such there be, together with a general description of the same, and the holders, so far as known, showing the amount of each description of indebtedness and the ownership, so far as known, of the same. Also the estimated cost of the dissolution of said district. Said petition shall also state the assets of said district, including irrigation system, if any, dams, reservoirs, canals, franchises, water rights, a detailed statement of all the lands sold to the district for assessments, and the amount of the assessments on each parcel of land sold, also all assessments unpaid, and the amount upon each lot or tract of land, and all other assets of the district; and in case any proposition has been made by the holders of said indebtedness to settle the same, said proposition, together with any plan proposed to carry the same into execution, shall be included in said petition.

§ 2. Proceedings under certain conditions. In case an irrigation district has no indebtedness not barred by the statute of limitations and no assets, and has ceased to be a going concern and has no irrigation system by which it conveys water for irrigation or domestic purposes to any of the residents of such district, the petition for dissolution mentioned in section two of said act shall contain statements showing such facts and also that it is the desire of the signers of such petition to have said district dissolved, and such petition need not contain any other statement or allegation, and such petition need only be signed by two-thirds of the qualified electors residing in such district, and by the holders of title or evidence of title representing at least fifty per cent of the acreage within said district and not less than fifty per cent in value of all lands lying within the exterior boundaries of said district, the value of said lands to be determined by the last equalized assessment-roll of said district, and such petition so signed and containing such statements and allegations shall be sufficient. In such case the plan of dissolution referred to in section 3 of said act need only show the facts that there is no district indebtedness not barred by the statute of limitations and that the district has disposed of all of its assets; provided, that the petition shall further recite the fact that an application will be made to the superior court for a decree of dissolution of said district under the provisions of said act. And in the case mentioned in this section, it shall not be necessary to obtain the assent of any holder of any evidence of indebtedness of said district barred by any statute of limitations of this state before the election, provided for in said section three, shall be called. [New section added December 24, 1911. Stats. 1911, p. 118 (Extra Session).] This section was probably superseded by section 2a, added in 1913, as follows:

§ 2a. Statement of district having no assets. Special elections. Ballot. In case an irrigation district has no indebtedness not barred by the statute of limitations and no assets and has ceased to be a going concern and has no irrigation system by which it conveys water for irrigation or domestic purposes to any of the residents of such district, the petition for dissolution mentioned in section 2 of said act shall contain statements showing such facts and also that it is the

desire of the signers of such petition to have said district dissolved, and such petition need not contain any other statement or allegation, and such petition need only be signed by two-thirds of the qualified electors residing in such district, and by the holders of title or evidence of title representing at least fifty per cent of the acreage within said district and not less than fifty per cent in value of all lands lying within the exterior boundaries of said district, the value of said lands to be determined by the last equalized assessment-roll of said district, and such petition so signed and containing such statements and allegations shall be sufficient. In such case the plan of dissolution referred to in section 3 of said act may be entirely omitted and it shall not be necessary for the petitioners or persons signing such petition, or for the board of directors of such district to propose any plan for the dissolution of such district or any plan for the liquidation of its indebtedness or the distribution of its assets; provided, that the petition shall further recite the fact that an application will be made to the superior court of the state of California in and for the county in which the office of the board of directors of such district is required to be kept, for a decree of dissolution of said district under the provisions of said act. And in the case mentioned in this section, it shall not be necessary to obtain the assent of any holder of any indebtedness or evidence of indebtedness of said district barred by any statute of limitations of this state before the election provided for in said section 3, shall be called. Upon the filing of said petition with the board of directors of said district said board shall call a special election at which shall be submitted to the electors of such district the question whether or not said district shall be dissolved. Notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days and also by publication of such notice in some newspaper published in the county where the office of the board of directors is required to be kept, once a week for at least three successive weeks before such election. Such notices must specify the time of holding the election, and the fact that it is proposed to dissolve the district. Said election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with provisions of law governing the election of officers in irrigation districts. At such election the ballot shall contain the words "Dissolution of the district-"Yes" or "Dissolution of the district-No," or words equivalent thereto. It shall not be necessary in winding up the affairs of any district organized under the laws of this state to pay all or any portion of any debt or obligation of such district, for the enforcement of which debt or obligation a suit is barred by the laws of this state, nor to pay any bond, coupon, warrant or other indebtedness, claim or demand which shall be barred by the laws of this state prior to the filing of the petition for dissolution with the board of directors of such district. [New section approved April 19, 1913. Stats. 1913, p. 39.]

§ 3. Special election. Notice of election. Ballots. Upon the filing of said petition with the board of directors of said district said board shall call a special election, at which shall be submitted to the electors of such district the question whether or not said district shall be dissolved, its indebtedness liquidated, and its assets distributed in accordance with the plan so proposed, or in case no plan

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