Sec. 43. Board shall advertise for bids for building school houses. Whenever any school house is to be built, the Board of Education shall advertise for at least ten days in some newspaper published in the county for sealed proposals for building such school house in accordance with the plans and specifications which shall be furnished by the Board of Education at its office or at the office of the architect, stating in such advertisement or notice the place where and the day and hour when all proposals will be opened, and reserving the right to reject any and all proposals, and shall require a certified check of not less than five percent of the amount of the bid to accompany the same, which check shall be made payable to the order of the Board of Education, and the check of the successful bidder shall be forfeited in case he fails or refuses to enter into the contract and furnish the bond required. At the time and place specified in said notice, the board shall meet and publicly open and read all the proposals which have been received, and if satisfactory bids have been received, shall award the contract to the lowest responsible bidder, and shall require of such bidder or contractor a bond in one-half the amount of the contract, conditioned that he will properly perform its conditions in a faithful manner and in accordance with its provisions. In case none of the proposals are satisfactory, al shall be rejected and said board shall advertise anew in the same manner as before. It may require in the contract to be executed that at least twenty per cent of the contract price may be withheld until the building is completed ad accepted by the board. But if after twice advertising, as provided herein, no satisfactory bid is received, the board may proceed under its own directions to erect the building required, or in case of a building not exceeding five thousand dollars in cost, if no satisfactory bid is received at the first notice, the board may proceed with the construction as it may determine. Provided that no member of the Board of Education shall be financially interested in the contract, directly or indirectly, in the erection of any school building.

Sec. 44. "Parental schools." The Board of Education of any county school district of the first class, or the Board of Education of any two or more such districts, under a contract to be approved by each of such boards, may provide for the establishment and maintenance of "Parental schools," and for the support and education of the inmates thereof, conformably with the provisions of this chapter.

Sec. 45. Truants may be committed to parental schools. Any child between the ages of eight and fourteen years residing within the district or districts maintaining such a school, adjudged guilty of being a habitual truant, or of wandering about in the streets and public places of said district or districts without lawful employment or business, may be committed to the parental school provided for the purpose, for a term not extending beyond the age of fourteen years.

Sec. 46. Truant may be released. Any child committed as provided in the next preceding section may be released from confinement at such school, either conditionally or absolutely, before the expiration of the term of committment, in accordance with the by-laws established by the Board or Boards of Education maintaining the same.

Sec. 47. Neglected children may be committed to parental school. Children under sixteen years of age who by reason of neglect, crime, drunkenness, or other vices of parents, or by reason of orphanage, are suffered to grow up without salutary parental control and education, or in circumstances encouraging them to lead idle and dissolute lives, may be committed to the proper "parental school" for a term not extending beyond the age of sixteen years.

Sec. 48. How discharged. When the parents of a child committed under the next preceding section have reformed and are leading orderly and industrious lives, and are in a condition to exercise salutary control over such child, and to provide him with proper education and employment; or when, said parents being dead, any person offers to make such suitable provisions for the care, nurture, and education of such child as will conduce to the public welfare, the Board of Education may discharge him to the parents or such other person.

Sec. 49. District court has jurisdiction. The district courts of the several counties shall have jurisdiction within their respective counties to enforce the provisions of this chapter, upon such notice to the parents or guardians of the children whom it is proposed to commit to parental schools as the court may deem just and proper.

Sec. 50. Parents pay cost of children in parental school. Any Boards or Board of Education maintaining a parental school in accordance with section forty-nine of this chapter, shall estimate and determine as near as may be the average actual expense per month of keeping and taking care of the boys and girls who may be committed. to the parental school, and the average cost of keeping such boys and girls shall be wholly paid by the parent or guardian of each boy or girl committed to the school, unless for good cause said Board or Boards of Education shall otherwise order and direct. The Board of Education of the district in which the parent or guardian of any such committed boy or girl resides may bring suit to enforce this provision.

On

Sec. 51. Other children may be received in parental school. the tender of a payment which will meet all costs of support at the parental school, the Board or Boards of Education maintaining such school may receive into it on equal terms boys or girls whose residence is in the State outside the district or districts to which the school belongs.

Sec. 52. Truant officer. The Board of Education of each county, school district of the first class may appoint and fix the compensation of a truant officer, whose duty it shall be to make complaints and ar

rests in cases contemplated by this chapter, and to serve legal process issued by courts in pursuance hereof. The sheriff of the county shall make such truant officer a deputy sheriff to serve without pay, so far as the sheriff's office is concerned.

Sec. 53 County Superintendent's office vacant in certain cases. When a county of the first class is so organized as to school districts that there are no such districts therein other than those of cities of the first or second classes and county school districts of the first class on the first Monday in August of any year in which there is a general election for county officers, then no County Superintendent of Schools shall be elected for such county at that election, and the office shall become and remain vacant for the succeeding term or terms, as the case may be, except that in the event of there being no election for County Superintendent of Schools in the year nineteen hundred and six, the present incumbent shall hold office till the first day of July, nineteen hundred and seven; but the Board of County Commissioners shall fix the salaries therefor, as required by law, to be distributed pro rata among School Superintendents in county school districts of the first class, as provided in section forty-two of this chapter, as compensation for services in whole or in part,as such compensation may be fixed by the Board of Education of the district, no other compensation than that fixed by the Board of County Commissioners to come out of the general school fund of the county. Where there is no County Superintendent of Schools under the foregoing provision, then the County Auditor shall make to the school districts in the county the apportionment of school funds provided for in section eighteen hundred and sixty-seven, Revised Statutes of Utah for 1898, and the County Treasurer shall pay such apportioned funds to the school district treasurers upon the warrants of the County Auditor, who shall make report thereof to the Board of County Commissioners, and to the State Superintendent, as provided by law. When there is no County Superintendent, the Board of County Commissioners shall arrange the county teachers' institutes under the regulations in section seventeen hundred and ninety-three, and designate the school district superintendent in the county which shall take charge thereof.

Sec. 51. Registration lists to be furnished. It shall be the duty of the County Clerk to furnish to Boards of Education in county school districts of the first class, at least five days previous to the day of election for members of the said board, a certified copy of the registration list, showing the names of all registered voters residing in the election district covered by such school districts.

Sec. 55. Repeal. All acts and parts of acts in conflict with the provisions of this chapter, so far as they relate to county school districts of the first class as herein described, are hereby repealed.

Approved this 9th day of March, 1905.

CHAPTER 108.

WATER RIGHTS AND IRRIGATION.

An Act codifying and revising certain laws providing for determining and recording water rights; regulating the diversion, use and apportionment of water; prescribing the manner in which water may be appropriated; providing for the appointment of a State Engineer and prescribing his qualifications, powers, duties and compensation; requiring claimants to the use of water to file statement of their claims, and declaring the forfeiture of rights for failure to file such statements; providing for the taking of testimony and the entering of decrees determining rights to the use of water and permitting appeals; requiring certificates of water rights to be issued, filed and recorded; directing that the State shall be divided into water divisions and districts, and that superintendents and supervisors shall be appointed to apportion the water; requiring applications for the apportionment of water to be filed, and permitting the construction of diverting works; providing for the issuance and recording of certificates of appropriation; declaring water to be public property, subject to existing rights; fixing units of measurement of water; establishing basis, measure and limit of right; providing for the abandonment of use, change in manner or place of use, and commingling and recovery of water; defining rights of appropriators; permitting irrigation companies to take stock in similar companies; providing for the acquisition of rights of way, and the use and enlargement of existing canals; directing that canals, bridges and crossings be kept in repair; declaring when water rights are appurtenant to land, and how transfers are to be made and recorded; fixing penalties for violations of this act; providing legal advigers for State Engineer; establishing fees and prescribing how they shall be collected and paid to the State; providing for the payment of fees, costs and expenses under this act; prescribing who may be parties in actions concerning water, preserving the existence and providing for the dissolution of irrigation districts; repealing chapter 100, laws of Utah 1903, and all other laws, and parts of laws in conflict with the provisions of this act; but prescrving vested rights to the use of water, and providing that any right initiated under the laws repealed by this act or by said chapter 100, may be completed and perfected; providing that water commissioners heretofore appointed shall continue to perform their duties until superseded by division superintendents and district supervisors, and that similar water commissioners may be apponted if necessary.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. Office of State Engineer created. Powers and duties of. There shall be a State Engineer, who shall be appointed by the Governor of the State and be confirmed by the Senate. He shall hold his office for the term of four years and until his successor shall have been appointed and qualified. He shall have general supervision of the waters of the State and of their measurement, apportionment and appropriation, and of all division superintendents and district supervisors. He shall have power to make and publish such rules and regulations as he may deem necessary from time to time, to fully carry out the provisions of this act and secure the equitable and fair apportionment of the water according to the respective rights of appropriators. No person shall be appointed to the office of State Engineer who has not such theoretical knowledge and practical experience and skill as shall fit him for the position.

Sec. 2. Salary and allowances. The State Engineer shall receive a salary of three thousand dollars per annum, payable in quarterly installments by the State Treasurer upon warrants drawn by the State

Auditor. When the State Engineer is called away from his office on official business, he shall be entitled to his actual traveling expenses, which shall be paid out of any money appropriated for that purpose, on the certificate of said State Engineer, approved by the State Board of Examiners.

Sec. 3. Office at capital. The State Engineer shall keep his office at the State capital.

Sec. 4. Oath and bond. Before entering upon the duties of his office, the State Engineer shall take and subscribe an oath before some officer authorized by the laws of the State to administer oaths, to faithfully perform the duties of his office. He shall file with the Secretary of State said oath and his official bond in the penal sum of five thousand dollars, with not less than two sureties, to be approved by the State Board of Examiners, and conditioned for the faithful discharge of the duties of his office, and for the delivery to his successor or other officer appointed by the Governor to receive the same, all moneys, books and other property belonging to the State then in his hands or under his control, or with which he may be legally chargeable as such officer.

Sec. 5. Report to Governor. The State Engineer shall prepare and render to the Governor biennially, and oftener if required, full and true reports of his work relating to the matters and duties devolving upon him by virtue of his office, which biennial report shall be delivered to the Governor on or before the 31st day of December of the year preceding the regular session of the Legislature. He shall become conversant with the water ways of the State, and its needs as to irrigation matters, and in his reports to the Governor he shall make such suggestions as to the amendment of existing laws or the enactment of new laws as his information and experience shall suggest. He shall keep on file in his office full and proper records of his work, including all field notes, computations and facts made or collected by him, all of which shall be duly certified by him, and be part of the records of his office and the property of the State. All records, maps and other papers recorded and filed in the office of the State Engineer shall be open to the public during business hours, and copies thereof, certified by said engineer, shall be furnished on payment of the fees provided for by this act. Sec. 6. Duties of Engineer. May be co-operate with National Government. The State Engineer shall make a complete hydrographic survey of each river system and water source of the State, beginning such work upon those streams and sources which are most used for irrigation, and from the data so obtained the State Engineer shall construct maps, which shall exhibit the essential facts relating to the supply, diversion and use of the water of each of such river system or water sources. He shall also collect such other facts as will, in his judgment,