For act of Congress of 1866, confirming rights of way for ditches on public lands, see sec. 2401, and annotations preceding sec. 4672. Ennor v. Raine, 27 Nev. 178. For act of Congress authorizing the secretary of the interior to permit the use of right of way upon the public lands for canals, reservoirs, tramways and power lines, see sees. 3171, 3172. 28 Stats. L., 29 Id. 120, 30 Id. 404, Morrison's Mining Rights, 14th ed. 222. Regarding the foregoing and other acts of Congress pertaining to water and rights of way over public lands, see note preceding sec. 4672. For acts of Congress regarding reservations of rights of way in patents, see secs. 2402, 3169. 4712. Undisturbed right to ditch and flow. SEC. 3. The person or persons constructing or maintaining a ditch or flume, under the provisions of this act, shall have the undisturbed right and privilege of flowing water through the same, to the full extent of its capacity, for mining, milling, manufacturing, agricultural and other domestic purposes, and to use the same at any necessary and convenient point or points along the line thereof; provided, that nothing in this act contained shall be so construed as to interfere with any prior or existing claim or right. As amended, Stats. 1889, 96. 4713. Act to apply to ditches and flumes already constructed, and extensions. SEC. 4. This act shall apply, and the rights and privileges herein conferred shall inure, to the benefit of all persons or corporations who have heretofore constructed, and now maintain, ditches, flumes, or aqueducts in this state, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in section 1 of this act, and upon such filing, the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in section 2 of this act. Location of ditch and water right for millsite-Sufficiency of appropriation and possession. Robinson v. Imperial S. M. Co., 5 Nev. 44. An Act to provide for any person or persons owning or controlling any ditches, diverting the waters of any river or stream in and on to lands for the purpose of irrigation; to construct and maintain waste ditches and flumes, and to provide the right of way through the lands of others. Approved February 26, 1887, 83 4714. Right of way and condemnation for waste ditches. SECTION 1. Any person or persons who have constructed, or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose of irrigating and cultivating the same, or who owns or controls or may own and control any such ditch or flume; and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands, shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of constructing and maintaining a waste ditch and the necessary flumes connected therewith, and when such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the said waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in an act to amend an act entitled "An act to allow any person or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to provide for the right of way through the lands of others," approved March 3, 1866; approved March 5, 1869. See sec. 4712. An Act to provide for turning water stored for irrigation or other beneficial purposes into the channel of any stream and for reclaiming the same. Approved March 9, 1899, 64 4715. Stored water may be conveyed through streams and reclaimed. SECTION 1. Any water stored for irrigation or other beneficial purposes may be turned into the channel of any natural stream or watercourse, and mingled with its waters, and then be reclaimed, but in reclaiming it, water already appropriated by others shall not be diminished in quantity. An Act authorizing boards of county commissioners of any county in this state to institute and maintain suit against persons, firms, companies, associations or corporations depositing sawdust in any river or stream of this state, and providing for the levy of a tax to pay the expenses of the same. Approved March 5, 1887, 125 4716. County commissioners may institute suit to prevent pollution of streams. SECTION 1. The board of county commissioners of any county in this state are hereby authorized and empowered to institute and maintain suit in any court of competent jurisdiction against any persons, firm, association or corporation depositing sawdust in any river or stream, the waters of which run partly or wholly in this state. 4717. Tax may be levied for enforcement of this act. SEC. 2. The boards of county commissioners of any and all counties of this state are hereby authorized and empowered to levy annually such tax as in their discretion may be necessary to carry out the provisions of this act. An Act for the protection of agricultural lands. Approved December 19, 1862, 107 4718. Obstruction and pollution of streams. SECTION 1. It shall be and is hereby declared unlawful for any person or persons being the owner or owners of or being in possession of any sawmill, or mills used for the making of lumber, or the owner or owners of any slaughter house, brewery, or tannery, to injure or obstruct the natural flow of water in any river, creek, or other stream, or to permit any sawdust, chips, shavings, slabs, offal, refuse, tanbark, or other offensive matter, to enter therein, so as to damage or corrupt the purity of the water of such stream or streams. Regarding pollution of water, see sec. 6547; furnishing impure water, sec. 6540; injury to dam, bridge or flume, sec. 6757; running water on highway, sec. 6770. 4719. Action for damages. SEC. 2. Any city or county government, or any person or persons, being the owner or owners of or in the possession of any agricultural lands, who may be injured by reason of the violation on the part of any person or persons of the provisions contained in the preceding section, shall have the right to commence and maintain an action against such person or persons for any damage sustained, in such manner as may be provided by law. 4720. Penalty. SEC. 3. Any person who shall wilfully and knowingly violate the provisions of this act, shall be guilty of a misdemeanor, and may be punished by a fine not exceeding five hundred dollars. An Act defining and prohibiting the unlawful diversion and waste of water. Approved February 28, 1889, 51 4721. Unlawful diversion and waste of water. SECTION 1. Any person or persons who shall, during the irrigating season, divert and conduct the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, pond or ponds, and retain, or cause the same to be held or retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any such river, creek or stream, and run, or cause or allow the same to run to waste on sagebrush or greasewood land, such diversion shall be deemed an unlawful use and waste of water. See Comstock M. & M. Co. v. Allen, 21 Nev. 327 (31 P. 434). 4722. Penalty. SEC. 2. Any person or persons, company, corporation or association who shall, during the irrigating season, divert and conduct, or any person or persons aiding, abetting or assisting any such person or persons, company, corporation or association in diverting and conducting, during the irrigating season, the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, or pond or ponds, and retain, or cause the same to be retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any river, creek or stream, and run, or cause or allow the same to run to waste, contrary to and in violation of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction in this state, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail of the county not exceeding six months, or by both such fine and imprisonment. An Act entitled "An act to provide for the organization and government of drainage, irrigation and water storage districts, to provide for the acquisition of water and other property, and for the distribution of the water thereby for irrigation purposes, and for other matters properly connected therewith." Approved March 20, 1911, 248 CHAPTER 1-ORGANIZATION OF DISTRICT 4723. Irrigation districts, how organized. 4725. Commissioners to define boundaries of 4727. Subsequent elections regularly held- 4728. Directors-Election notice. 4730. Voting-Count of ballots. 4732. Informalities disregarded- - Canvass 4733. Statement of result-What statement must show. 4723. Irrigation districts, how organized. SECTION 1. Whenever a majority of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, or, when for drainage purposes and other reasons, they desire to organize the proposed territory into one district, they may propose the organization of an irrigation district under this act; provided, said holders of title, or evidence of title, shall hold such title, or evidence of title, to at least one-fourth part of the total area of the land in the proposed district; provided, further, that no person shall be a competent signer of a petition provided in this act for the formation of an "irrigation district" who is not the holder of title or evidence of title to not less than five acres of land irrigated or susceptible of irrigation from the said common source of water supply, which shall be accessible for the purpose of the district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received, including receipts or other evidence of rights of entrymen on land under any law of the United States or this state, and such entrymen shall be competent signers of such petition, and the land on which they have made such entries shall, for the purpose of said petition, be considered as owned by them. 4724. Petition for organization-Notice published. SEC. 2. Whenever it is proposed to form an irrigation district, a petition shall first be presented to the board of county commissioners of the county in which the lands, or the greater portion thereof, are situated, signed by the required number of freeholders of such proposed district, possessing the qualifications provided for in section 1 of this act, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of county commissioners, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all said costs in case said organization shall not be effected. Such petition shall be presented at a regular meeting of said board, and a notice thereof shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, which newspaper shall be designated by said board as the paper most likely to impart notice of the hearing of said petition, the said notice to set forth that said petition has been filed, the time of the meeting of said board to consider said petition, and a description of the territory to be embraced in such proposed district. 4725. Commissioners to define boundaries of districts-Proviso-Duties of county commissioners-Popular election-Ballots-Precincts. SEC. 3. When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given as required by law, and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall then proceed to define the boundaries of said proposed district from said petition and from such applications for the exclusion of lands therefrom and inclusion of lands therein as may be made in accordance with the provisions of this act. The said commissioners may adjourn such examination from time to time not exceeding three weeks in all and shall, by final order duly entered, define and establish the boundaries of such proposed district; provided, that said board shall not modify such proposed boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land within the boundaries proposed by the petition susceptible to irrigation by the same system of water-works applicable to other lands in such proposed district; nor shall any land be included in such district if the owner thereof shall make application at such hearing to withdraw the same; provided, also, that contiguous lands not included in such proposed district, as described in the petition, may, upon application of the owner or owners thereof, be included in such district upon such hearing; provided, that in the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case they deny the same, or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which they shall have a right to refuse or dismiss the same, they shall state their reasons in writing therefor in detail, which shall be entered upon their records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of said county, compelling them to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, and which twenty days shall be excluded from the forty days given the commissioners herein to act upon said petition. When the boundaries of any proposed district shall have been examined and defined as aforesaid, the county commissioners shall forthwith make an order allowing the prayer of said petition, defining and establishing the boundaries and of designing the name of such proposed district, and also divide such district into three divisions, as nearly equal in size as may be practicable, and one director, who shall be a freeholder and qualified elector in the division, shall be elected as a director, from such division, by the freeholders who are also qualified electors in the proposed district at large. No more than one person shall be elected as a director from one and the same division of such district. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the freeholders, who are also qualified electors of said district, to be held for the purpose of determining whether such district shall be organized under the conditions of this act, and by such order shall submit the names of one or more persons from each of the three divisions of said district, as herein provided, to be voted for as directors therein. Each of said divisions shall constitute an election district for the purpose of this act. Said board of county commissioners shall then give notice of such election to be held in such proposed district, which notice shall be published for three weeks prior to such election in a newspaper within the county or counties within which such proposed district lies. Such notice shall require the said electors to cast ballots which shall contain the words "Irrigation District-Yes" or "Irrigation District-No," or words equivalent thereto, and also the names of persons to be voted for to fill the various elective offices by this act provided for. For the purpose of this election above provided for, the said board of county commissioners must establish a convenient number of election precincts and polling places in said proposed districts and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district, and shall also appoint the judges of election for such precinct, one of whom shall act as clerk of the election. The officers of such district shall consist of three directors, as aforesaid, a secretary and a treasurer, who shall be appointed by the board of directors. At said election and all elections held under the provisions of this act, all persons who are qualified electors within the proposed district, and who are as well competent signers of the petition as provided in section 1 of this act, who shall be entitled to vote and none others. 4726. Election conducted regularly-Canvass of votes. SEC. 4. Except as in this act otherwise provided, all such elections shall be conducted as nearly as practicable in accordance with the general election laws of this state. The said board of county commissioners shall meet on the second Monday succeeding such election and proceed to canvass the votes cast thereat, and if, upon such canvass it appears that at least a majority of said legal electors in said district have voted "Irrigation Dis |