TITLE 122. ACT 1554. COMMISSIONERS OF TRANSPORTATION. To create the office of commissioner of transportation, etc. [Stats. 1877-78, p. 969.] Repealed 1909, p. 499. Codified in part by §§ 369b, 369d, 369f, Penal Code: See Penal Code, §§ 369b, note, 369d, note. The code commissioners say this act was repealed by the constitution of 1879. See Dyer v. Placer County, 90 Cal. 276, 278; Giesecke v. San Joaquin County, 109 Cal. 489. ACT 1564. TITLE 123. Adopting the common law. [Stats. 1850, p. 219.] TITLE 124. ACT 1574. To divide the state of California into congressional districts. [Approved March 11, 1891. Stats. 1891, p. 84.] This act was superseded by the following act: ACT 1575. To divide the state into congressional districts, and provide for the election of members of the house of representatives of the United States therein. [Approved March 23, 1901. Stats. 1901, p. 548.] Superseded by § 117 of Political Code. ACT 1585. TITLE 125. CONSERVANCY DISTRICTS. An act to provide for the organization and government of conservancy districts for certain specified purposes; to provide for the issuance, sale and hypothecation of district bonds to pay the costs and expenses incurred in relation thereto, and to provide for the retirement of such bonds; to provide for the levying and collection of taxes to pay the annual installment of principal and interest on said bonds; to provide for levying and collecting special assessments for special benefits and to issue improvement warrants to represent such special assessments for special benefits; to provide for the effect and enforcement of such improvement warrants and the application of moneys derived from the enforcement thereof; and to provide a method of dissolving such districts. [Approved May 16, 1919. Stats. 1919, p. 559. In effect July 22, 1919.] Amended in 1923. Stats. 1923, p. 14. § 1. Title. Terms defined. § 2. Conservancy districts established by board of supervisors. Purposes. 3. Petition § 4. 5. § 6. 7. to establish district. Contents. Amendments. Evidence of ownership. Petition. Bond. Notice of hearing. Jurisdiction of supervisors. Joint meeting. Recording of resolution establishing district. § 8. Oath of director. § 9. Quorum. President and secretary. $10. Duties of secretary. Chief engineer. Attorney. 11. Plan for improvements. Use of former survey. Notice of hearing on plan. Approval of state engineer. Adoption. 12. Power of directors. 13. Right to enter lands to make surveys, etc. §14. Powers of directors to perform work. Limitation on powers. $15. Letting of contracts. Power to change watercourse, etc. $20. Moving dredge boat through bridge or grade. § 21. Stream gauges, etc. § 22. Co-operation with United States government, etc. § 23. Appropriation of increased water supply. Application to use waters appropriated. Rights of municipalities. Term of lease, etc. Regulations for purpose of determining rates. Rates fixed by railroad commission. Determination of water rights, etc. § 24. Board of appraisers. § 25. Appraisal of benefits and damages. Appraisal of property for purchase. § 26. Lands outside district. $27. Report of board of appraisers. $28. Notice of hearing on appraisals. $29. Hearing of objections. Description of lands. $30. Approval of report. Disorganization of district on disapproval of report. §31. Condemnation of property. $32. Alterations or additions to plan. $33. Validity of proceeding not affected by fault. §34. District funds. $35. Payment of preliminary expenses. Advance of funds by counties. Tax levy for incidental expenses. Urgency measure. $36. Interest on unpaid warrants. $37. Bond issue to complete works. Additional issues. Elections. Rate of interest. Form and sale of bonds. Payment, pledge and validity of bonds. Registry of. As investments. $38. Bonds legal investments for savings and trust funds. $41. Amount of warrant lien on property. $42. Improvement warrant fund. § 43. Sale of land on default of owner. $44. Delinquent improvement warrants. § 50. Certificate of sale filed., § 51. § 52. § 53. Purchaser divested of lien. Redemption of property sold. Deed to property sold. Deed conclusive evidence of proceedings. § 54. Conservancy maintenance assessment. § 55. § 56. Readjustment of appraisal of benefits. § 57. Collection of tax levied against county or city. Designation of district. Dissolution of district. Liens not affected by dis § 58. solution. Duty of officers on dissolution. Failure of tax collector to make prompt payment. § 59. § 60. § 61. Use of surplus funds. Report to board of supervisors. § 62. § 63. § 64. § 65. Conference of supervisors to determine jurisdiction of districts. Protection of works. Penalty for injuring bench marks, etc. § 66. Liability for damages. § 67. Districts for forestation and reforestation. § 68. If notice is not properly given. § 69. § 70. § 71. Constitutionality. § 72. Alternative act. Early hearing on question of validity. § 73. Jurisdiction of supervisors over proceedings. § 74. Forms. Notice of hearing on petition. Finding on hearing. Bond and coupon. Notice of enlargement of district. Hearing on appraisals. § 1. Title. Terms defined. This act may be known and cited as the "conservancy act of California"; the bonds which may be issued hereunder may be briefly called "conservancy bonds," and shall be so engraved or printed on their face; the districts created hereunder shall be briefly termed "conservancy districts" or "conservation districts"; the tax books and records provided for hereunder shall be termed "conservancy books" or "conservancy records," and such titles shall be printed, stamped or written thereon. Wherever the term "publication" is used in this act and no manner specified therefor, it shall be taken to mean once a week for three consecutive weeks in a newspaper of general circulation in the county wherein any part of the district is situated. Wherever the term "assessment-roll" is used herein it shall be held to mean the "last" tax assessment-roll of the county. Where the term "railroad commission" is used herein it shall be held to mean that certain state commission referred to in the public utilities act of the state of California. Wherever the term "water commission" is used herein it shall be held to mean that certain commission of the state of California referred to in an "act to create the use of waters," etc., approved June 16, 1913, and when the "water commission act" is referred to it shall be held to mean said "act to create the use of waters," etc., approved June 16, 1913. Wherever the term "state engineer" is used it shall be held to mean the department of engineering of the state of California. The chief engineer of said department shall be ex officio an engineer of any district formed under this act, and it shall be the duty of said department to supervise, examine and pass upon the plans and specifications of the district in the manner provided for herein. Wherever the term "person" is used in this act, and not otherwise specified, it shall be taken to mean any person, firm, copartnership, association or corporation, other than county, city or other political subdivision. Similarly, the words "public corporation" shall be taken to mean counties, cities, school districts, road districts, protection districts, flood control districts, ditch districts, park districts, levee districts, and all other governmental agencies and political corporations clothed with the power of levying general or special taxes or general or special assessments which may be levied for local improvement purposes. Wherever the term "board of supervisors" is used, and not otherwise specified, it shall be taken to mean the board of supervisors of the county wherein the petition for the organization of the district was filed and granted, and where a district lies in more than one county, the words "board of supervisors" shall mean the board of supervisors of all the counties sitting conjointly. Wherever the word "board" is used and not otherwise specified, it shall mean the board of directors of the district. Wherever the word "treasurer" or "treasurer of the district" is used, it shall mean ex officio the treasurer of the county with which the petition is filed, unless otherwise specified. Wherever the term "secretary" is used it shall be held to mean the "secretary" of the district. The word "clerk" unless otherwise specified shall mean the clerk of the district, who shall also be clerk of the board of directors. Wherever the terms "land" or "property" are used in this act they shall, unless otherwise specified, be held to mean real property, as the words "real property" are used in and defined by the laws of the state of California, and shall embrace all railroads, tramroads, roads, electric railroads, street and interurban railroads, streets and street improvements, telephone, telegraph and transmission lines, gas, sewerage and water systems, pipe-lines and rights of way of public service corporations, and all other real property whether public or private. Wherever the term "main county" is used herein, it shall be held to mean the county wherein the petition for formation of the district has been filed. § 2. Conservancy districts established by board of supervisors. Purposes. The board of supervisors of any county in this state is hereby vested with jurisdiction, power and authority, when the conditions stated in this act are found to exist, to establish conservancy districts, which may be entirely within unincorporated territory or partly within unincorporated and partly within incorporated territory, and either entirely within, or partly within and partly without, the county in which said board is located, for all or any of these objects and purposes: (a) Of preventing floods; (b) Of regulating ditches and water channels by changing, widening and deepening the same; (c) Of reclaiming or of filling or of draining wet, swamp and overflowed lands; (d) Of preventing or aiding the deposit of detritus and silt; (e) Of regulating the flow of streams; (f) Of constructing canals; (g) Of forestation or reforestation; (h) Of spreading and sinking flood water; (i) Of diverting in whole or in part eliminating watercourses; and incident to such purposes and to enable their accomplishment, to straighten, widen, deepen, divert, or change the course or terminus of, any natural or artificial watercourse; (j) To build reservoirs, canals, levees, walls, embankments, bridges, dams, bypasses or spreading basins; or sinking wells or sinking basins; to maintain, operate and repair any of the constructions herein named. (k) To conserve flood waters and to dispose of waters which have been conserved, for purposes of irrigation; (1) To construct and maintain levees and embankments for the prevention of damage by floods to real or personal property or real and personal property and to do all things for the fulfillment of the purposes of this act. § 3. Petition to establish district. Contents. Amendments. Evidence of ownership. Petition. Before any board of supervisors shall call an election to determine whether a district shall be established, and before a district shall be established as outlined in section two hereof, a petition shall be filed in the office of the clerk of said board of supervisors signed either by fifty freeholders, or by a majority of the freeholders, or by the owners of more than half of the property, in either acreage or assessed value, according to the last assessment-roll, within the limits of the territory proposed to be organized into a conservancy district under this act. The petition shall set forth: First-The proposed name of said district. Second-The necessity for the proposed work and that it will be conducive to the public health, safety, convenience or welfare. Third-A general description of the purpose of the contemplated improvement, and of the territory to be included in the proposed district. Said description of the territory to be included need not be given by metes and bounds, or by legal subdivisions, but it shall be sufficient if a generally accurate description is given of the territory to be organized as a district. Said territory need not be contiguous, provided it be so situated that the public health, safety, convenience or welfare will be promoted by the organization as a single district of the territory described. Fourth Said petition shall pray for the organization of the district by the name proposed. No petition with the requisite signature shall be declared null and void on account of alleged defects, but the board of supervisors may at any time prior to the hearing thereof permit the petition to be amended in form and substance to conform to the facts, by correcting |