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<br />Y""l <br />M <br />00 <br />t....:) <br />o <br /> <br />,.~,,\ <br />"._" <br /> <br />Sec. 55. That an act entitled an act to provide for the <br />organization and government of irrigation districts, etc., <br />approved April 12th, 1901, and all acts and parts of acts <br />amendatory thereof, be and the same are hereby repealed. <br />Provided, Nothing herein contained shall invalidate or affect <br />any act or proceeding done or pending thereunder; but all <br />such pending proceedings may be continued and concluded under <br />such repealed provisions, the same as if this statute had not <br />been adopted, or may be continued or concluded under the <br />provisions of this act; And, Provided, further, that nothing <br />herein contained shall impair the organization rights, powers <br />and privileges of any irrigation district organized under any <br />act or provision so repealed. <br /> <br />It is difficult to determine from the above statute whether <br /> <br />one would look to the provisions of the repealed act of 1901 or <br /> <br />the provisions of the Law of 1905 to determine the powers and <br /> <br />rights of Palisade Irrigation District. It might be that would <br /> <br />have to look to both to give meaning to the terms "nothing herein <br /> <br />contained shall impair" the powers of an existing district as <br /> <br />contained in the Section of the Law of 1905 quoted above. The <br /> <br />text of the 1901 Irrigation District Law appears as Chapter 69, <br /> <br />Sec. 2309, et seq, Mills Annotated Statutes as well as in the <br /> <br />Session Laws of 1901. <br /> <br />Regardless of whether the 1901 Law, the Law of 1905, or both <br /> <br />govern Palisade Irrigation District, it is our recommendation that <br /> <br />appropriate steps be taken to bring the District under the <br /> <br />provision of the Law of 1921. <br /> <br />Section 37-42-140 of the Law of 1921, provides, in pertinent <br /> <br />part, that an organization organized prior to A.pril 7, 1921, <br /> <br />"under article 41 of this title," by vote at a special election, <br /> <br />can elect to become subject to the provisions 0:: the Law of 1921. <br /> <br />-12- <br />