CHAPTER XIX. CITIES AND TOWNS AS DITCH OWNERS. G. S. 3312. May Construct Reservoirs, Ditches, etc.] The city council and board of trustees in towns shall have the following powers: Seventy-second-They shall have power to construct public wells, cisterns and reservoirs in the streets and other public and private places within the city or town, or beyond the limits thereof, for the purpose of supplying the same with water; to provide proper pumps and conducting pipes or ditches; to regulate the distribution of water for irrigating and other purposes, and to levy an equitable and just tax upon all consumers of water for the purpose of defraying the expense of such improvements. Seventy-third-They shall have the right and privilege of taking water in sufficient quantity for the purpose hereinbefore mentioned, from any stream, creek, gulch or spring in the State; Provided, That if the taking of such water in such quantity shall materially interfere with or impair the vested right of any person or persons or corporation heretofore acquired, residing upon such creek, gulch or stream, or doing any milling or manufacturing business thereon, they shall first obtain the consent of such person or persons, or corporation, or acquire the right of domain by condemnation, as prescribed by the Constitution and laws upon that subject, and make full compensation or satisfaction for all the damages thereby occasioned to such person or persons or corporation. Seventy-fourth-When it shall be deemed necessary by any municipal corporation to enter upon or take private property for any of the above uses, the same shall be examined, appraised, and the damages thereon assessed, and the proceedings in connection therewith shall be in all respects the same as is now or may hereafter be provided by general law for the taking of private property for public or private use. [Sec. 2655 (14), pp. 879-92, G. L. G. S. 3417. May Lease or Purchase Canal.] Any incorporated town or city in this State shall have power to purchase or lease any canal or ditch already constructed, or which may hereafter be constructed, and all the rights, privileges, franchises of any person or persons, or corporations owning the same or having any interest or right therein, and to hold or operate the same in the same manner as the persons or corporation from whom the same may be purchased or leased might otherwise do; Provided, such purchase or lease shall be made for the purpose of supplying, by said ditch or canal, water for the use of said city or town; And, provided, further, That a majority of the qualified electors of such city or town, who shall vote at any regular election which may be held for the election of town officers, shall vote in favor of said purchase. [Sec. 1, p. 198, Acts 1879. G. S. 3418. Obligations-Repair-Management.] Any town or city making such purchase or lease shall thereby assume all obligations and other duties which by law devolve upon the owner or owners of such ditch or canal, of whom the same may be purchased or leased by virtue of this act, and shall have power to repair, improve or enlarge the same, or any flume, dam or gate connected therewith, and for such objects may levy and collect taxes in the same manner as other taxes are levied and collected by law. The management of such ditch or canal shall be under the control of the board of trustees or council, as the case may be, of such city or town. [Sec. 2, pp. 198-9, Acts 1879. A municipal corporation will of course have the same general rights and be subject to the same general liabilities and duties as any other owner of a ditch or reservoir. CHAPTER XX. DITCHES ON STATE LANDS. G. S. 2724. Sale of Arid Lands conditioned on the Construction of Ditches, etc.] For the purpose of encouraging cultivation and the making of irrigation ditches, the State Board of Land Commissioners are hereby authorized to sell at public sale, at not less than the appraised value, [not more] than one-half of any tract of arid land belonging to the State, except the school land, in alternate quarter sections as nearly as may be, to any responsible person or corporation, on condition that said person or corporation dig an irrigation ditch in such location, and of sufficient capacity to furnish water for the entire tract. All contracts for the sale of State lands under the provisions of this section shall be drawn by the Attorney General, and signed by the Governor and the Secretary of the Board, in behalf of the State, and by the other parties in interest; and in no case shall the titles to any of said lands pass from the State until such ditch is completed in a manner satisfactory to the State Board, and the purchasers have given, in addition to such price as may be fixed by the State Board, a suitable contract or agreement, secured by a sufficient bond, that they will furnish water for the remaining portion of the tract of land, as aforesaid, at not to succeed [exceed] such rates as the State Board may agree. Upon the fulfillment of the above conditions patent may issue for not more than one-half of said tract, and the remaining portion of said tract may be subsequently disposed of in the same manner as other State lands. [Sec. 8, p. 226, Acts 1881. G. S. 2744. Sale of Lands conditioned on the Construction of Ditches, etc.] The State Board of Land Commissioners may sell in parcels of not more than five thousand acres, at public sale, at not less than its appraised value, any of the lands granted to the State for public improvements, under the act approved September 4, 1841, conditioned upon the location of colonies thereon, or the construction of extensive lines of ditches covering such lands; Provided, That not more than one-half of any one section of land shall be sold, in alternate half sections; And, provided, further, that every alternate one-half section unsold shall not be sold for three years thereafter. [Sec. 2196 (22), p. 728, G. L. THE END. |