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ficient and satisfactory to the State engineer, and accompanied by the proper fees, as provided by statute, two duplicate copies, on tracing muslin, or other material adapted for permanent record and preservation, as may be required by regulation of the state engineer, of a map, made with permanent ink, showing the point of location of the headgate, the route of such ditch or canal or the high-water line of such reservoir or reservoirs, and the route of the feeder or feeders to, and ditches or canals from, such reservoir or reservoirs, the legal subdivisions of the land upon which such structures are built or to be built, if on surveyed lands, the names of the owners of such lands, and such courses, distances and corners by reference to legal subdivisions, if on surveyed lands, or to natural objects, if on unsurveyed lands, as will clearly designate the location of such structures. [L. ’03, P. 289, $1.

[For fees of state engineer see sections 3206, 3211 and 3332.]

3182. Statement attached to map.-Sec. 18. lpon or at tached to such maps shall be duplicate stratements, showing in the case of any ditch, canal or feeder :

FirstThe point of location of the head-gate of the proposed structure.

SecondThe depth, width, grade and length of each ditch, canal or feeder proposed.

ThirdThe carrying capacity of each ditch, canal or feeder in cubic feet per second.

Fourth-The time of commencement of work on such structures, which time may be the date of the commencement of the surveys therefor, or of the commencement of actual construction.

FifthThe estimated cost of the proposed project. .

In cases when filings are made upon reservoir sites the stae. ments shall show the height of the proposed dam, the estimatel cost, with the capacity in cubic feet and the surface area for each foot in depth of water stored up to and including the high-water mark. [L. '03, p. 290, $2.

[Cubic inch of water defined. Section 7026.]

3183. Statement in case of enlargement-Temporary map.-Sec. 19. In case of change, enlargement or extension, such statements shall show the matters required above, referring to the structures before such change or enlargement, and shall then state, also, the information required in the above items second, third and fourth and fifth, referring to the structure as enlarged, and in addition thereto, shall state definitely the increase in capacity to be added to the original capacity by virtue of such enlargement. Whenever, through the necessity for extended surreys requiring long periods of time, it shall be impracticable for the claimant or claimants to file a complete map and statement

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within sixty days, as required above, a map and statement as complete as may be practicable shall be filed, with a further statement that a complete map and statement will be filed later, and upon the completion of such survey a full and detailed map and statement, amending the ones first filed, shall be offered for examination and acceptance in the same manner as herein provid. ed for the original filing. [L. '03, p. 290, $3.

3184. Statements must be signed and sworn to.-Sec. 20. Such statements shall be signed by the person or persons in whose behalf they are made, or, in cases where an association or a corporation are the parties interested, the signature shali be the legal title of such association or corporation, signed by some duly authorized agent or officer, who shall also sign his own name, giving his official title, and the truth of the matter shown in such maps and statements shall also be sworn to by the engineer in charge, or person making the survey, before some officer legally qualified for the administration of oaths. [L. 03, p. 291, $4.

3185. State engineer examine maps and statements—Return duplicate—Duplicate filed with recorder.--Sec. 21. The state engi- . neer shall examine the duplicate maps and statements, and if he shall find the data therein contained to be sufficient and satisfactory for a clear presentation of facts concerning the claims made, he shall file one of the maps and statements in his office, and shall return the duplicate map and statement to the claimant with a certificate, stating that it has been examined and approved by him, and that it is a duplicate of the copy filed in his official records, and this duplicate copy shall, within ninety days.from the time stated as the date of commencement, be filed by the claimant in the office of the county clerk and recorder in which the headgate of the proposed structure, or in which the proposed reservoir shall lie. [L. '03, p. 291, $5.

3186. Certified copy evidence-Diligent construction.-Sec. 22. A certified copy of the map and statement thus filed in the state engineer's office shall be prima facie evidence in any court having jurisdiction of the intent of the claimant or claimants to make such construction and to utilize such rights as are shown and described in the map and statement; Provided, That nothing herein contained shall be so construed as to dispense with the necessity for due diligence in the construction of such projects, or to the injury of those having rights prior to those of the claimants; And, provided, further, That nothing herein contained shall be so construed as to prevent proper adjudication of rights in accordance with existing statutes governing such adjudication. [L. '03, p. 291, $6.

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3187. Compliance with former act.-Sec. 23. All plats and

· statements or other documents heretofore filed or recorded in substantial compliance with the provisions or requirements of section 2 of an act entitled, "An act to provide for the extension of the right of way for ditches, canals and feeders of reservoirs in certain cases, and requiring registration of all such hereafter made or enlarged," approved February 11, 1881, shall be taken, deemed and held to constitute a compliance with the provisions of this act. [L. ’03, p. 292, $6.

[Section 2 of the act above referred to was held unconstitutional in Lamar Co. v. Amity Co., 26 Colo., 370. The provisions of that section were re-enacted by L. '87, p. 315, which act was superseded by sections 3181-3187.]


3188. Petition to establish or enlarge drain.-Sec. 24. Whenever any person, company or corporation desires the construction, enlargement or extension of a ditch, drain or water course for the purpose of draining and reclaiming seeped or marshy land, they shall file with the board of county commissioners of the county or counties in which such improvement or improvements are to be located, a petition signed by one or more of the land owners who own or represent the major portion of the land which would be affected by the proposed improvement. [L. '03, p. 209, $1. 3189. Contents of petition-Plat.--Sec. 25. Said petition

. shall set forth the necessity for and probable benefits of such ditch, drain or water course, together with a list of the lands affected by the proposed improvement, and whether such lands so affected are in one or more counties, and therein naming the county or counties where such land is located, or through which said improvement may pass, and the names and addresses of the owners of such lands, and there shall be attached to said petition a plat showing approximately the location, direction, size and length of said drain, ditch or water course. [L. '03, p. 210, $2.

3190. Bond of petitioner.--Sec. 26. The petitioner or petitioners shall give a good and sufficient bond, payable to the county or counties and approved by the county clerk, conditioned, in case said drain, ditch or water course from any cause whatsoever is not constructed, to pay all expenses incurred by the county or counties on account of said proposed improvements. [L. '03, p. 210, $3.

3191. Board of viewers—Duties—Hearing--Notice.—Sec. 27. When such petition plat and bonds are filed the board of county commissioners of each county where such improvement is to be made shall appoint a board of viewers consisting of three disinterested persons, residents of the county where the improvement is to be, who in turn shall select a competent engineer to assist them, and in the event that such improvement extends into more than one county when the board of commissioners of each county where such improvement is to be made shall take a like action, and the same procedure shall be necessary of each county or board of county commissioners and of all petitioners or parties interested as would be necessary if the entire improvement were to be made in one county only. The board of viewers of each county wherein such improvement is to be made shall then proceed at once to view the line of the proposed appointed drain and the lands affected thereby lying within the county for which they were appointed, and shall cause the engineer to prepare accurate surveys and estimates of the proposed work on the land lying within the county for which they were appointed, and shall set a day and place for hearing the views of all interested parties, receive protests, information, and any matter in relation to the proposed improvements; and the board of viewers shall notify all the resident land holders of their county affected by such improvement by personal service twenty days prior to the date of such meeting and personal service of said notice can not be had, or if any of said land holders are non-residents, then said notice shall be sent through the mail; and shall also cause to be published a copy of said notice in some weekly newspaper in said county for a period of not less than four weeks prior to said meeting. [L. 03, p. 210, $4. 3192. Hearing-Evidence—Report—When joint hearing.

-— Sec. 28. All persons whose lands may be affected may appear at the time specified for the said meeting before said board of viewers and present such testimony and affidavits as shall relate to the proposed drainage system, with such recommendations and objections as shall to them seem pertinent and necessary. If the proposed improvement extends into more than one county then the viewers appointed by each board of county commissioners of the county wherein a part of such improvement is to be made, shall meet at some point agreed upon by the different boards of viewers of the different counties and there prepare a joint report upon all matters and things required of a board of viewers where the improvement is in a single county, and shall then forward to each board of county commissioners of each county for which they are appointed a copy of said joint report, but this shall not be construed so as to require the persons whose lands are affected thereby by this section to appear before said board when acting jointly unless it would be more convenient for hearing provided for by this section to be a joint one by the different reviewing boards of the different counties. [L. ?03, p. 211, $5.

3193. When improvement not feasible.--Sec. 29. If the view

. ers shall find that the proposed improvement is not feasible, they shall so report to the board of county commissioners, and the costs and expenses incurred shall be paid by the original petitioners, as provided under their bond. [L. '03, p. 212, $6. 3194. When feasible-Report-Appeal.Sec. 30. If, how

— ever, the improvements shall be found feasible and of use and benefit and to be desired by owners representing a major part of the lands affected, the board of viewers shall so report to the board of county commissioners, and shall include in their report a detailed recommendation of the method to be pursued in prosecuting the work, and shall submit plans and specifications for the letting of contracts and fix and recommend the proportionate assessment for each tract of land affected, which assessment shall be proportionate to the benefits accruing to each of such tracts; Provided, houcver, That any person interested therein who shall feel aggrieved at the report and finding of the board of county commissioners shall have the right of appeal to the district court of said county and have such matters passed upon by a jury. [L. ’03, p. 212, $7.

3195. Allotment of work—Bond.—Sec. 31. The board of viewers may, by agreement of the land owners, recommend the allotment to each of a portion of the improvement; Provided, however, That each said owner shall give a good and sufficient bond for the proper performance of his proportion of the work so alloted. [L. ’03, p. 212, $8.

3196. When work let by contract-Advertise for bids-Bond. -Sec. 32. In case no such allotment or division of the work is made, or in case all of it shall not be so allotted, the county commissioners shall cause an advertisement to be inserted in a daily or weekly paper of general circulation in the vicinity for a period of thirty days. Said advertisement shall be a notice to the land owners of the work proposed and shall call for bids on the work, in accordance with the recommendations of the board of viewers, and the contract shall be let to the lowest responsible bidder for the entire work lying within their respective counties, or to the lowest responsible bidders on each of the several portions of the work. The successful bidder or bidders shall file a good and sufficient bond with the board of county commissioners for the faithful performance of their contract. [L. ’03, p. 212, $9.

[For appeals from disallowance of claims by commissioners see section 1225.]

3197. Completion-Expense pro rated-County treasurer collect.-Sec. 33. When the work shall have been completed and accepted by the engineer in charge, the county commissioners

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