such fees as are now or hereafter may be provided by law for like services in similar cases. The expenses required for filing papers and all other incidental expenses to the organization of the district shall be paid from the general fund of the main county and shall be refunded by the district on demand.

§ 8. Oath of director. President and secretary. Each director before entering upon his official duties shall take and subscribe to an oath before a qualified officer that he will honestly, faithfully and impartially perform the duties of his office, and that he will not be interested directly or indirectly in any contract let by said district, which said oath shall be filed in the office of the clerk of the board of supervisors of the main county. Upon taking the oath, the board of directors shall choose one of their number president of the board, and shall elect some suitable person secretary, who may or may not be a member of the board. Such board shall adopt a seal, and shall keep a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees or contractors and all corporate acts, which record book shall be open to the inspection of all owners of property in the district, as well as to all other interested parties.

§ 9. Quorum. A majority of the directors shall constitute a quorum, and a concurrence of at least three directors in any matter within their duties herein prescribed shall be valid as the act of the board.

§ 10. Duties of secretary. Chief engineer. Attorney. The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board of directors in such particulars as said board may direct in the performance of its duties. It shall be the duty of the secretary to attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by the provisions of this act, or by any person ordering the same and paying the reasonable cost of transcription. And any portion of the record so certified and attested shall prima facie import verity. The board of directors shall also employ a chief engineer who may be an individual, copartnership, or corporation; an attorney, attor neys, and such other agents and assistants as may be needful; and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement. The employment of the secretary, engineer and attorney for the district shall be evidenced by agreements in writing, which, so far as possible, shall specify the amounts to be paid for their services.

§ 11. Plan for improvements. Use of former survey. Notice of hearing on plan. Approval of state engineer. Adoption. Upon their qualification, and after their organization, the board of directors shall cause to be prepared a plan by the engineer of the district employed for this purpose, for the improvements for which the district was created. Such plan shall include such surveys, maps, profiles, plans and other data and descriptions as may be necessary to set forth properly the location and character of the work, and the location and extent of the property benefited or taken or damaged, with estimates of cost and with specifications for doing the work. In case the board of directors finds that any former survey made by any other district, or in any other manner, is useful for the purpose of the district, the board of directors shall have the power to acquire such data and records of surveys as may

be useful to it, and shall pay therefor an amount not to exceed the value of such data and records to said district. The plan herein referred to may include any improvement work already done for conservaney or flood control purposes or any of the purposes contemplated by this act, by any person, firm, corporation, private or public, or any district or municipality, and if so the board of directors shall have power to acquire the same and pay therefor an amount not to exceed the appraised value thereof as appraised by the board of appraisers hereafter referred to.

Notice of hearing on plan. Upon the completion and filing of such plan, the board shall cause notice by publication to be given as provided in section one herein in each county of said district, of such completion of said plan, and shall permit the inspection thereof at their office by all persons interested. Said notice shall fix the time and place for the hearing of all objections to said plan not less than twenty days nor more than thirty days after the last publication of said notice; any person interested in property within the district may object to such plan.

Hearing an objection to plans. All objections to said plan shall be in writing and filed with the secretary of said board at his office not more than one day before the time of such hearing. Said objection shall specify the features of the plan objected to. At the time specificd in said notice, the board of directors shall meet at the office of said district, and hear said objections and adopt, reject or refer back said plan for modification to the engineer of said district. If said plan be referred back to said engineer said meeting shall be continued from time to time until such modified plan shall be reported by said engineers.

Approval, rejection or modification by state engineers. The state engineer shall be invited to be present in person or by representative at said hearing or any continuation thereof and may approve, reject or modify said plan, his actual expenses to be borne by the district. Before final approval of the official plan the same shall have had the written approval of the state engineer whose duty it shall be to pass upon the feasibility of the plan, its proper adaptation to a general flood control plan of the stream system or systems of which it may be a part as well as the safety of the works to be constructed and until such approval shall have been received such official plan may not be adopted.

Adoption or rejection of plans. After said hearing before the board of directors and their approval, and after said plans have been approved or modified and approved by the state engineer, the said board shall adopt said plan as approved, or as modified and approved, as the official plan of said district. If said board of directors shall reject said plan, then said board shall proceed as in the first instance under this section to prepare another plan. Upon final adoption of said official plan, a record of such adoption shall be entered upon the minutes of the board and shall be filed with the secretary together with the approval of the state engineer.

§ 12. Power of directors. The board of directors shall have full power and authority to devise, prepare for, execute, maintain and operate any or all works or improvements necessary or desirable to

complete, maintain, operate and protect the improvement outlined by the official plan. They may secure and use men, materials and equipent under the supervision of the chief engineer or other agents, or they may in their discretion let contracts for such works, either as a whole or in part, to the lowest responsible bidder after publication calling for bids as hereinafter provided.

§ 13. Right to enter lands to make surveys, etc. The board of directors of any district organized under this act, or their employees or agents, including contractors, and their employees, and the members of. the board of appraisers and their assistants may upon first obtaining an order of court enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access to the work, being liable, however, for actual damage done, but no unnecessary damage shall be done. Any person or corporation preventing such entrance shall be guilty of misdemeanor, punishable by fine not exceed ing fifty dollars.

§ 14. Powers of directors to perform work. Limitation on powers, In order to effect the protection from damage by flood waters or the drainage, reclamation or irrigation of the land and other property in the district, and to accomplish all other purposes of the district, the board of directors is authorized and empowered, subject to the laws of this state, to clean out, straighten, widen, alter or deepen the course or terminus of any conduit, pipe-line or ditch, drain, sewer, river, watercourse, wash, pond, lake, creek or natural stream, to plant trees for the protection of the same or to forest or reforest lands for the conservation of flood water, to establish settling basins, shafts or tunnels for sinking water and to construct dams in or out of said district; to fill, abandon or alter any ditch, drain, sewer, river, watercourse, wash, pond, lake, creek or natural stream, and to concentrate, divert or divide the flow of water in or out of said district; to construct and maintain main and lateral conduit pipe-lines or ditches, sewers, canals, levees, dikes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and siphons, and any other works and improvements deemed necessary to construct, preserve, operate or maintain the works herein provided for, and subject to approval of general plan therefor by the officer or officers in charge of such highways to construct or enlarge or cause to be constructed or enlarged any and all public bridges that may be needed in or out of said district; to construct or elevate roadways and streets in the manner herein provided; to construct any and all of said works and improvements across, through or over any public highway, canal, railroad right of way, track, grade, fill or cut, in or out of said district, as herein provided; to remove or change the location of any fence, building, railroad, canal, or other improvements in or out of said district as herein provided; and shall have the right to hold, encumber, control, to acquire by donation, purchase or condemnation, to construct, own, lease, use and sell real and personal property, and any easement, riparian right, railroad right of way, canal, sluice, reservoir, settling basin, holding basin, mill dam, waterpower, wharf, or franchise in or out of said district for right of way, holding basin or for any necessary purpose, or for material to be used in constructing and maintaining said works and improvements, open new roads, strects and alleys, or change the course of an existing one, as

herein provided, and may dispose of waters conserved for irrigation as herein provided;

Limitation on powers of directors. provided, however, that the powers of this act vested in said board of directors are vested subject to the conditions, restrictions and limitations imposed by the public utilities act of the state of California and the act of the state of California creating the water commission and the reclamation board act of the state, and subject to the powers therein vested in the said railroad commission and the said water commission and the said reclamation board of this state; and provided, further, that the approval of the officer or officers in charge of public highways be first had before any public highway, alley, lane, or bridge or appurtenance thereto be in any manner interfered with.

§ 15. Letting of contracts. When it is determined to let the work by contract, contracts in amounts to exceed one thousand dollars shall be let after notice calling for bids shall have been published, once a week for three consecutive weeks completed on date of last publication, in at least one newspaper of general circulation within said distriet, or in case there is no such newspaper within the district, then within the county where the work is to be done, and the board may let said contract to the lowest or best bidder who shall give a good and approved bond, with ample security, conditioned on the carrying out of the contract, or the board may reject all bids and readvertise for the same. But said contract shall not be let to another than the lowest responsible bidder unless upon a hearing before the board of directors, and with notice to all parties interested, an order be obtained therefor. Such contract shall be in writing, and shall be accompanied by or shall refer to official plans and specifications for the work to be done, prepared by the engineer of said district in accordance with said final plan. Said contract shall be approved by the board of directors and signed by the president of the board and by the contractor, and shall be executed in duplicate; provided, that in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors in writing.

§ 16. Right of eminent domain. Said board, where necessary for the purposes of this act, shall have a right of eminent domain subject to the rights and powers vested in the railroad commission of this state.

§ 17. Right to condemn property. Said board shall also have the right, subject to the powers and rights vested by law in the state railroad commission, to condemn for the use of the district any land or property within or without said district.

§ 18. Regulation of ditches. Where necessary, in order to secure the best results from the execution and operation of the plans of the district, or to prevent damage to the district by deterioration or misuse, or by the pollution of the waters, of any watercourse therein, the board of directors may make regulations for and may prescribe the manner in which existing\ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and when not in conflict with local or state health regulations may prescribe the manner in which the watercourses of the district may be

used for sewer outlets or for disposal of waste; provided, however, that the consent of the properly constituted local or state health officer or officers be first obtained.

§ 19. Consent of health officers. Power to change watercourse, etc. The board of directors, subject to such regulations as may be imposed by law, shall have power and authority to improve in alignment, section, grade or in any other manner any watercourse, and they may require the removal, widening, lengthening, deepening, raising or other change of any public or private road bridge or railroad bridge or any aqueduct or telephone, telegraph, gas, oil, sewer, water or other pipe lines or any other construction over, along, across, under or through such watercourse; provided, however, that no change shall be made in any public bridge, highway, ditch, or other public structure without the consent of the public officer or officers in charge of the same be first had and ob tained. In case such change is made necessary in any such structure by the failure of such bridge or other structure to permit the free flow of the water in such stream in time of flood, then the owner of any such construction shall make such change without cost to the district, or without any claim for damages against the district, except that the district shall pay the cost of excavating the earth for the enlargement of any channel or for placing earth for the filling of any channel where such excavation or filling is required as a part of plans of the district in making the changes outlined in this section, but the district shall not be required to make such fill or excavation unless it would be necessary to the plans of the district if the bridge or other construction did not exist; provided, however, that nothing herein contained shall deprive any owner of property of due process of law in determining the amount of damages due him for property damaged or taken for the uses herein stated; and provided, further, that in all things where the railroad commission of this state is empowered to act by the laws of this state their sanction to any act must first be had.

§ 20. Moving dredge boat through bridge or grade. In case it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation, county or municipality, the board of directors shall give twenty days' notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal, and, if necessary, of the replacing of said bridge or grade, and said actual cost shall be paid by the district. In case the owner of said bridge or grade shall refuse to provide for the passage of said equipment, the board of directors may remove such bridge or grade at the expense of the district after proceeding according to law so to do, interrupting traffic in the least degree consistent with good work and without delay or unnecessary damage; provided, that, where required by law, the consent of the railroad commission of the state is first obtained. In case they shall be impeded from doing so, the owner of said bridge or grade shall be liable for damage for the resulting delay. Nothing in this act specified to be done affecting any public bridge or highway shall be undertaken without first obtaining the consent in writing of the officer or officers of the county or city or state having