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<br />unJ2~5 <br /> <br />Seotion 34 provides for the oonduot of the election end t~ <br />oanvass of the returns. <br /> <br />Seotion 35 pl"ovUes that if it shall appear from the returns of <br />the eleotion that a majority of the oualified eleotors of the distriot who <br />shall have voted on any pl"oposi tion submitted, have voted in favor of the <br />pl"oposition, the distriot shall be authorized to incur suoh indebtedness <br />or obligation, enter into suoh oontracts or issue and sell suoh bonds of <br />t~ distriot. <br /> <br />This is a Reolamation Projeot and it is not antioipatlld that any <br />bonds will be issued or this question submitted. The question of the <br />ratifioation of any oontraot entered into with the United States will <br />neoessarily be submitted at suoh an eleotion. <br /> <br />PART VIII of tbe Act provides for judioial oonfirmation of the <br />oontraot providing that members of the district may question t~ prooeed- <br />ings of Court if so desired. <br /> <br />PJI.RT IX of the Act oonsists pl"inoipally of oonstruotion, inter- <br />pretation and repeal of the Act, provides for oorreotion of faulty notice, <br />earq hearings, liberal oonstruotion, constitutional olause, repeal and <br />safety olauses, and emergenoy olause, v/hioh do not partioularly affeot any <br />prooedure under the Act. <br /> <br />After oonsidering the Act in the light of the opinion of the <br />Supreme Court oonstruing the same, we are of the opinion. <br /> <br />1. That on petition of 25% of the owners of irrigated lands <br />within the distriot, supplemented by 5% of the owners of non-irrigated <br />lands and oity property, a Conservanoy District may be organized. <br />Provided however. that if at any time prior to thirty days before the <br />date set for the hearing of the petition, this petition may be dismissed <br />arbitrarily by a protesting petition signed by 20% of the owners at <br />irrigated lands within the distriot, supplemented by 5% of the owners 01' <br />non-irrigated lands and oity property. <br /> <br />2. If the diBtriot is organized, the Court will appoint e. board <br />of direotors of not more than eleven persons, lvrose salaries are to be <br />fixed by the Court, but in any event in an amount not to exoeed ~500.00 <br />per year. <br /> <br />3. All of the property in the distriot will be subjeot to a levy <br />of one half' mill on the ad valorem assessed valuation for the period up to <br />one year after the oompletion of the reservoir and the delivery of water, <br />and thereafter to a ;lovy of one mill, and if delinquenoies and defaults <br />ocour, an additional one half mill may be levied by the board of direotors <br />if they see fit so to do. In our opinion one and one half mills on the <br />dollar is the maximum that oan be levied under this general tax for any year. <br /> <br />-13- <br />