records of the district, but shall not file such order with the county clerks and recorders of the counties into which such district shall extend.

[Laws 1911, S. B. No. 70, § 81.]

3494-03. Repeal with saving clause.

SEC. 33003. That an act entitled "An act in relation to drainage districts," approved April 24, 1909, be and the same is hereby repealed, providing nothing herein contained shall invalidate or affect any act or proceeding done or pending thereunder; but all such pending proceedings may be continued and concluded under such repealed act the same as if this statute had not been adopted or may be continued or concluded under the provisions of this act; And, provided, further, That nothing herein contained shall impair the organization rights, powers and privileges of any drainage district organized under said act so repealed.

[Laws 1911, 8. B. No. 70, § 82.]

3495. Cutting or breaking gate, bank, flume, etc.-Penalty. 3496. Jurisdiction of justice of the peace.

3497. Penalty for interfering with adjusted headgates. 3498. Jurisdiction of justice of the peace.

3495. Cutting or breaking gate, bank, flume, etc.-Penalty.

SEC. 331. Any person or persons who shall knowingly and wilfully cut, dig, break down or open any gate, bank, embankment or side of any ditch, canal, flume, feeder or reservoir in which such person or persons may be a joint owner, or the property of another, or in the lawful possession of another or others, and used for the purposes of irrigation, manufacturing, mining or domestic purposes, with intent maliciously to injure any person, association or corporation, or for his or her own gain, unlawfully, with intent of stealing, taking or causing to run or pour out of such ditch, canal, reservoir, feeder or flume, any water for his or her own profit, benefit or advantage, to the injury of any other person, persons, association or corporation, lawfully in the use of such water or of such ditch, canal, reservoir, feeder or flume, he, she or they so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than five dollars nor more than three hundred dollars, and may be imprisoned in the county jail not exceeding ninety days.

[G. S., 1759; Laws 1881, p. 163, § 1.]
[Penalty for damaging bridge or flume.

Section 994.]

3496. Jurisdiction of justices of the peace.

SEC. 332. Justices of the peace shall have jurisdiction of all offenses under the provisions of this act, saving to any party defendant the right to be tried by a jury as in other criminal cases before such justices, now provided for by law; and also the right to appeal in manner and form as by law, now, or hereafter to be provided for by law, in criminal cases before such justices. [G. S. § 1760. Laws 1881, p. 163, § 2.] [For provisions governing appears see section 3869.]

3497. Penalty for interfering with adjusted headgates.

SEC. 333. Every person who shall wilfully and without authority open, close, change or interfere with any headgate of

any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the control of the water commissioner, or after such water box or measuring device has been adopted by the ditch officer in charge, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in a sum not more than $300.00, or imprisoned in the county jail not exceeding sixty days, or both such fine and imprisonment, in the discretion of the court.

Any person who shall be found using water taken through any such headgate, water box or measuring device so unlawfully interfered with, shall prima facie be deemed guilty of a violation of this section.

[Laws 1901, p. 196, § 1; amending G. S., § 1755; Laws 1879, p. 108, § 44.]

3498. Jurisdiction of justice of the peace.

SEC. 334. Justices of the peace shall have jurisdiction to hear, try and determine actions brought for violations of this act, subject to the right of appeal as provided for in case of assault and battery.

[Laws 1901, p. 197, § 2.]

[For appeal in cases of assault and battery see section 3869.]
[For bribery of water commissioner see section 1723.]

[Penalty for failure to cover ditch, see section 3243.]

[Penalty for polluting stream, see section 1817 ]

[Penalty for allowing water to waste, see section 3240.]
[Unlawful to cut trees which conserve the snow.

Section 2626.]

X. STATE CANALS AND RESERVOIRS AND THE CONTROL

Section.

THEREOF.

3499. Penitentiary commissioners may locate and construct. 3500. State engineer shall survey, lay out and locate.

3508.

3509.

3510.

Rights and powers of board of control.

Establish annual charges for use of water.

Title to canal in state.

3511. Board constructs laterals.

3512.

Certificates received in lieu of money for charges.

3513. State board of control have traveling expenses.

3516. Board of penitentiary commissioners may issue and sell certifi

3520.

3521.

3522.

3523.

3524.

Convicts returned to penitentiary, when.
Contracts for transportation.

Superintendent of construction—Salary.
Deputy warden in charge of convicts.
Manager of ditch-Salary.

3525. Lease of water rights.

3526. State engineer locate canal No. 3. 3527.

Feeders for South Platte and Arkansas. 3528. Property of the state.

3542.

Property of state-Disposition of water.

3543. Acquired rights not impaired.

3544. Maintenance and repair.

3545. Penalty for damaging reservoir.

3548. Property of state-Disposition of water. 3549. Acquired rights not impaired.

3550. Penalty for damaging reservoir.

3551.

Reservoir-Monument creek.

3552. Property of state-Disposition of water. 3553. Acquired rights not impaired.

3554. Penalty for damaging reservoir.

Reservoir Chaffee county.

3555.

3556.

Board of construction-Powers of board.

3557.

3558.

Property of state-Management-Sale of water.
Acquired rights not impaired.

3559. Penalty for damaging reservoir.

3560.

Control of Boss Lake reservoir.

3561. Land board control ditches and reservoirs. 3562. County control of reservoirs.

3499. Penitentiary commissioners may locate and construct.

SEC. 335. That, for the purpose of reclaiming, by irrigation, state and other lands, and for the purpose of furnishing work for the convicts confined in the state penitentiary, the board of commissioners of the state penitentiary is hereby authorized to locate, acquire and construct, in the name of and for the use of the state of Colorado, ditches, canals, reservoirs and feeders, for irrigating and domestic purposes, and for that purpose may use convict labor of persons confined, or that may be confined, as convicts in the state penitentiary at Canon City.

[Laws 1889, p. 285, § 1.]

3500. State engineer shall survey, lay out and locate.

SEC. 336. The state engineer, under the direction of the board, shall survey, lay out and locate a ditch or canal upon the most feasible route on either side of the Arkansas river, which said ditch or canal shall be of sufficient capacity to cover at least thirty thousand acres of good arable land between Canon City and Pueblo; Provided, That work shall only be commenced and performed upon one main ditch, canal, reservoir or feeder at a time; that a second shall not be commenced until the completion of the first.

.

[Laws 1889, p. 285, § 2.]

3501. Rights and powers given board.

SEC. 337. The said board is hereby given all the rights and

[*Only material sections of the original acts establishing ditches and reservoirs are printed. In many cases later appropriations have been made but in most instances the work has been abandoned.]