act shall have the right to file upon, appropriate, and under due process of law governing such cases obtain title to, in the name of the district, any and all water developed, or collected by any drains or other works constructed by and with the authority of said district, said waters to be known and designated as drainage water. The board of directors may use, lease, contract, or otherwise dispose of any drainage water, to which title has been acquired; provided, however, that no disposition shall be made of said drainage water that will deprive the district of the title thereto; and provided, further, that the board of directors shall have neither power nor authority to fix or guarantee, for purposes of lease or other disposition of said drainage water, the amount thereof.

Any and all proceeds from the use or disposition of said drainage water shall be used for the benefit of the district in such manner as the board of directors may adopt.

§ 34. District bonds, issuance of. Sale of bonds. Any bonds issued under the provisions of this act shall not exceed in amount ninety per cent of the assessment for the construction fund. They may mature at any time or times designated by the board of directors but not to exceed twenty years, shall bear interest at not more than six per cent per annum, payable semi-annually, and shall be issued in either coupon or registered form in denominations of not less than one hundred dollars nor more than one thousand dollars; both principal and interest payable in gold coin of the United States at the office of the treasurer of the county in which the district is organized, which bonds shall be signed by the president and the secretary of said drainage district and bear the seal of the district.

The board of directors may sell said bonds at not less than ninety per cent of par value, at public or private sale to the highest and best bidder after having advertised for not less than three weeks in a newspaper published in the county or counties in which any portion of the district is situated, that said bonds are for sale and that bids will be received and opened at a time and place specified; provided, that the board of directors may reject any and all bids. The funds derived from the sale of such bonds or any of them shall be used for the purpose of paying the cost of construction and interest on bonds.

§ 35. "Bond fund." The bond fund shall comprise that portion of the annual levy made for the purpose and any penalties and indemnities collected and interest thereon. The bonds of the district and the interest thereon shall be paid from the moneys in the bond fund and it shall be the duty of the treasurer of the county in which the district was organized to have custody of such funds and pay the interest due upon presentation of coupons and to take up the bonds as they mature. He shall cancel said coupons and bonds and deliver same to the treasurer of the district.

§ 36. New or amended plans, formulation and execution. Where the works set out in the plan for drainage of any drainage district are found insufficient to reclaim in whole or in part any or all of the land or otherwise fully to accomplish the object of the district the board of directors shall have the power to formulate new or amended plans for such new or altered drains or other works which in its opin

ion will accomplish the desired results, and additional assessments may be made in conformity with the provisions of section twenty, the same to be made in proportion to the equalized assessment of benefits and in all respects the procedure shall be the same as herein before provided for putting into effect the plan for drainage as provided for in section seventeen. If it is found that for any other reason the original assessment for the construction fund is inadequate, additional assessment or assessments may be made and bonds sold in conformity with the foregoing provisions; provided, that the sum of all assessments for the construction fund shall not exceed the assessment of benefits.

§ 37. Reapportionment of assessed benefits. The board of directors, either upon its own motion or upon petition of the owners of land within the district against whom fifty per cent or more of the benefits have been assessed may make a reapportionment of assessed benefits; provided, that at least five years shall have elapsed since the last previous assessment of benefits has been equalized; provided, further, that the total assessment of benefits shall not be reduced. In making such reapportionment the procedure shall be in every respect as provided for in the original assessment of benefits.

* § 38. Existing drains to be taken over or connected with. At the time of construction of the works set forth in the plan for drainage hereinbefore referred to, all drains, systems of drainage, ditches, waste ditches, spillways or other watercourses, if necessary to the drainage or protection of any of the lands in said district, shall be connected with and made a part of the works and improvements of said district. No drains, or systems of drainage, ditches, waste ditches, spillways or other similar works constructed within or without said district after the completion of the aforesaid plan of drainage shall be connected therewith, unless the consent of the board of directors shall be first obtained, which consent shall be in writing and shall particularly describe the method, terms, and conditions of such connection which shall be in strict accord with the method, terms and conditions laid down in said consent. If the owner or owners wishing to make such connection are refused by the board of directors or decline to accept the consent granted, the said land owner or owners may file with the board of supervisors having jurisdiction in said district, a petition for such connection and the matter in dispute shall be in a summary manner decided by the board of supervisors which decision shall be final and binding on the district and the land owner or owners.

§ 39. Consolidation of adjacent districts, procedure for. Hearing by and order of supervisors. New board of directors. Any two or more adjacent districts, whether situated in the same or different counties may be united and consolidated in one district and such new district and the board of directors thereof shall have the rights, powers and privileges of any districts organized under this act. In order to effect such consolidation the board of directors of each of the original districts shall call the attention of the land owners to such proposed consolidation at the same time and in the same notice as that hereinbefore provided for calling the annual meeting at which time a vote shall be taken on the matter of consolidation. If a majority of the

votes cast in each district are in favor of the proposition to unite and consolidate such districts the boards of directors of the districts shall present a petition to the board of supervisors of the county in which the greatest amount of land is located, accompanied by complete minutes of said meetings, in which shall be stated the names of the original districts, when organized, the names of the owners of the lands and the boundaries of the districts. When said petition has been filed the clerk of the board of supervisors shall give notice, to all persons named in said petition, of such filing, in the manner provided for in section six, said notice to state the contents of said petition and the time of hearing. Any person owning land in either district may not later than five days before the time set for hearing, which shall be not less than two weeks after the date of the last publication, file objections to the regularity or sufficiency of any of the proceedings had in the premises, and if such objections are overruled, or if no objections are made, the board of supervisors shall make an order that the prayer of the petition be granted and that the two or more districts be so united as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organized under this act and the lands so included shall be subject to all liens, liabilities and obligations of both of the original districts. At the time of making such order the board of supervisors shall appoint out of the boards of directors of the original districts three directors fixing their terms of office at three, two and one years respectively, or such directors may be elected in accordance with the alternative method provided in section eight. A certified copy of the order uniting any two or more districts shall be filed with the county recorder of each county in which any of the lands are situated and in the office of the state engineer. If the objections against the uniting of any two or more districts as herein provided for are sustained, the board of supervisors shall dismiss the petition and the costs shall be divided equally between the districts.

§ 40. Reorganization of existing districts, procedure for. Hearing by and order of supervisors. Requirements unnecessary, what. Any drainage district in the state of California organized under the provision of any law of this state, may be reorganized under the provisions of this act, and after so organized shall be entitled to the benefits of all of the provisions of this act and any and all acts amendatory thereto. Such reorganization shall be effected by presenting to the board of supervisors of the county in which the district was organized a consent thereto signed by fifty, or a majority, of the holders of title or evidence of title, who shall hold a majority of the lands of said district. Upon the filing of such consent said board of supervisors shall immediately set a date for hearing which shall be not less than one month nor more than two months from such filing. Said board of supervisors shall give notice of said hearing in the manner provided for in section six of this act. At the time and place designated in such notice said board of supervisors shall receive such evidence as may be offered in support of such reorganization and in support of any written objection thereto and may continue said hearing from time to time and shall determine the matter of such reorganization and make and enter in its minutes an order providing that said district shall or shall not be reorganized under this act. If the

order is that said district be reorganized said order shall include the appointment and fixing the terms of office of the board of directors of said district as in the organization of a new district, or such directors may be elected in accordance with the alternative method provided in section eight. A certified copy of such order shall be filed for record in the office of the county recorder of each county in which any lands embraced in said district are situated and in the office of the state engineer and from and after such filing the reorganization of said district shall be complete.

When a drainage district has been reorganized under this act the board of directors will not be required to follow, except as provided for in section forty-one of this act, such steps or requirements of this act as are inconsistent with or rendered unnecessary by the work that has already been done and proceedings had in the district; provided, that no such change of organization shall have the effect of in any way invalidating any indebtedness, liability, or obligation of any nature incurred under the former organization, but any such indebtedness, liability or obligation shall attach to the reorganized district and all property of the former district shall become the property of the reorganized district.

§ 41. Reapportionment of assessments. In any district which has been reorganized as provided for in section forty of this act and in which the assessment of benefits has been equalized or the cost of drainage otherwise apportioned as provided for in the law under which said district was originally organized, it shall be the duty of the board of directors to reapportion said assessment of benefits and award of damages and to otherwise follow the proceedings relating thereto as provided for in this act; provided, however, that any drainage taxes which have already been collected or which have been levied and are due under the provisions of the law under which the district was originally organized, on the date of the approval of said reassessment of benefits by the board of supervisors as provided for in section twenty-two of this act, shall not be apportioned but shall remain and be collected as already levied.

§ 42. Change of boundaries. Extension of boundaries. The boundaries of any drainage district organized under the provisions of this act may be changed in the manner herein prescribed; but such change of boundaries shall not impair or affect the organization of the district or its rights in or to property or any of its rights or privileges; nor shall it affect, impair, or discharge any contract, obligation, lien or charge for which it was or might become liable or chargeable, had such change of boundaries not been made.

The holder or holders of title or evidence of title holding one-half or more of any body of land adjacent to a drainage district organized under this act, may file with the board of directors of said district a petition, in writing, praying that the boundaries of said district be so changed as to include therein said lands. The petition shall describe the boundaries of said lands but such descriptions need not be more particular than is required when such lands are entered by the county assessor in the assessment-roll. Such petition must contain the assent of the petitioners to the inclusion of said lands, or

any part thereof, within such district and must be acknowledged in the same manner as conveyances of real property.

§ 43. Notice of hearing on change of boundaries. Costs. The secretary of the board of directors shall cause notice of the filing of such petition to be given in the manner prescribed in section six of this act. The notice shall state the filing of such petition, a copy of the description of the lands recited in said petition, and the prayer of such petition, and shall notify all persons interested in such change of the boundaries of the district to appear before said board at its next regular meeting after expiration of the period of publication and show cause in writing why such change of boundaries should not be made. Said petitioners shall advance to the secretary sufficent money to pay the estimated costs of all proceedings arising from such petition.

§ 44. Hearing by directors. Order. Record. Said board of directors shall hear said petition and all written objections thereto and determine said matter. The board of directors may require as a condition precedent to the granting of the same, that there shall be paid to the district an amount not exceeding such sums, as nearly as the same can be estimated by the board, as the owners of said land would have been required to pay as district taxes, had such lands been included in said district when organized.

If the board of directors deem it for the best interest of said district and of said lands proposed to be included, it may order that the boundaries of said district be so changed as to include therein the lands or some part thereof described in said petition. Such order may be made upon conditions prescribed by said board as to taxation and payment for additional works required by reason of the inclusion of such lands. A certified copy of such order shall be filed for record in the office of the state engineer and in the office of the county recorder in each county in which lands embraced in the district are situated, and from and after such filing in the office of the county recorder the change of boundaries of said district shall be complete and thereupon the district shall be and remain a drainage district as fully for all purposes as if the lands which are included in the district by the change in boundaries had been included in said district at its organization.

§ 45. Validity of change of boundaries. At any time after such change of boundaries the board of directors or any interested party may bring an action following the procedure set forth in section seven of this act in the superior court of the county in which said district was organized to determine the validity of such change in boundaries.

§ 46. Additional plan for drainage. Said board of directors may cause to be made a plan for drainage of lands included in the district by such change of boundaries, may make an assessment of benefits to such lands, an assessment for the construction fund, issue bonds and construct such works as may be necessary to put such plan for drainage into effect, following as nearly as may be practical the provisions of this act relating to such matters.

§ 47. Dissolution of district, petition to superior court for. Any district organized under the provisions of this act in which action has