Again, a negligence per se, and defendant was liable.51 person owning a ditch, from which water escapes upon the premises of an adjoining land-owner, cannot escape liabil ity on the ground that such land-owner might, at a small expense, have prevented any damage by digging a ditch on his own land that would have carried off the waste water.52 § 198. Liability for failure of water supply. Where the certificate of incorporation of a ditch company stated that the company was formed for maintaining a water ditch, keeping it in repair, and dividing the water between the several stockholders, it was held that the company was liable thereunder for injuries to a stockholder caused by the acts of other stockholders in diverting more water to their use than they were entitled to under the terms of incorporation.53 But the liability of an irrigation company for failing to supply a certain volume of water to the holders of water rights, according to contract, cannot be determined on the theory that the company is a common carrier, where the rights in question were acquired from the company after its appropriation of the water in its canal from a public stream.54 51 Catlin Land & Canal Co. v. Best, (Colo.) 31 Pac. Rep. 391. 52 McCarty v. Boise City Canal Co., (Idaho,) 10 Pac. Rep. 623. "O'Connor v. North Truckee (398) Ditch Co., 17 Nev. 245, 30 Pac. Wyatt v. Larimer & Weld CHAPTER XI. IRRIGATION DISTRICTS. [By the Editor.] § 199. Statute of California; the "Wright Act." 200. Statutes of Washington and Nevada. 201. Statute of South Dakota. 203. Constitutionality of these statutes. 204. Irrigation districts are public, but not municipal, corporation s 205. Organization of district. 206. Including and excluding territory. 207. Levy of assessments. § 199. Statute of California; the "Wright Act." Statutes authorizing the formation of public corporations called "irrigation districts" have recently been adopted in several of the Pacific states. Of these statutes, the most complete and detailed is that in force in California, and it has constituted the model for the corresponding legislation of several other states. For these reasons we shall here present a full synopsis of its terms. This act (familiarly called the "Wright Act") was passed in 1887,1 and, during the four succeeding years, was amended and supplemented in various particulars by numerous additional acts.2 These amendments we have incorporated in 1Act of Mar. 7, 1887; St. Cal. 1887, p. 29. The successive amendments and supplements to the Wright act were made by the following laws: Act of Feb. 16, 1889; St. Cal. 1889, p. 15. Act of Feb. 16, 1889; St. Cal. 1889, p. 18. Act of Feb. 16, 1889; St. Cal. 1889, p. 21. Act of Mar. 16, 1889; St. Cal. 1889, p. 212. Act of Mar. 10, 1891; St. Cal. 1891, p. 53. Act of Mar. 20, 1891; St. Cal. 1891, p. 142. Act of Mar. 20, 1891; St. Cal. 1891, p. 147. Act of Mar. 31, 1891; St. Cal. 1891, p. 244. the body of the statute, so as to exhibit the present state of the law. Sec. 1. [Proposal for organization.] "Whenever fifty, or 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, they may propose the organization of an irrigation district, under the provisions of this act, and when so organized, said district shall have the powers conferred, or that may hereafter be conferred by law, upon such irrigation districts." [As amended by Act of Mar. 20, 1891; St. Cal. 1891, p. 142.] Sec. 2. [Petition; bond; boundaries of district; notice of election.] A petition is to be presented to the board of supervisors of the county which contains the lands in question, or the greatest part thereof, signed by the requisite number of persons, and particularly describing the boundaries of the proposed district, and praying for its organization under the act. The petition is to be accompanied by a bond in a sum equal to double the amount of the probable cost of organizing the district, conditioned for the payment of all costs in case the organization is not effected. The petition is to be presented at a regular meeting of the board, and must be published for at least two weeks before the time at which the same is to be presented. The board are to hear the petition, "and on the final hearing may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided, that said board shall not modify such boundaries so as to except from the operation of this act any territory within the boundaries of the district proposed by said petitioners which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by irrigation by said system be included within said district; provided, that any person whose lands are susceptible of irrigation from the same source may, in the discretion of the board, upon application of the owner to said board, have such lands included in such district." The district is to be divided into five divisions, as nearly equal in size as may be practicable, and one director shall be elected from each of the divisions. The board of supervisors shall then give notice of an election to be held in the proposed district for the purpose of determining whether or not the same shall be organized. This notice is to be published for at least three weeks in a newspaper published in the county. [As amended, St. Cal. 1891, p. 142. As to change of boundaries, see amendatory act of Feb. 16, 1889; St. Cal. 1889, p. 18, also p. 21.] Sec. 3. [Election.] This section provides for the holding of the election just mentioned, and the canvass of the votes by the board of supervisors. If two-thirds of all the votes cast are in favor of the district, the board shall declare it duly organized. The order so declaring shall be recorded in each county wherein any portion of the lands lie. [As amended, St. Cal. 1891, p. 142.] Sec. 4. [Officers.] An election shall be held in each district, biennially, to choose an assessor, collector, treasurer, and a board of directors. These officers are to take and subscribe an official oath and file bonds. The bond of the assessor is to be in the sum of $5,000; that of the collector, $20,000; that of the treasurer, $50,000; that of each of the directors, $5,000. [As amended, St. Cal. 1891, p. 142.] Secs. 5--10. [District elections.] These sections relate to the holding of elections in the district after its organization. They provide for the posting of election notices by the board of directors; the appointment of a board of LAW W. R.-26 (401) election, and the powers and duties of its chairman; the time of voting; the counting of the votes; the manner of certifying the returns; the disposition of the election returns; the canvassing of the returns; the declaring and recording the result; and the issue of certificates of election. [See amendatory act of Feb. 16, 1889; St. Cal. 1889, p. 15.] Sec. 11. [Powers of board of directors.] Provision is made for the meeting and organization of the board of directors. "The board shall have the power, and it shall be their duty, to manage and conduct the business and affairs of the district; make and execute all necessary contracts; employ and appoint such agents, officers, and employes as may be required, and prescribe their duties; establish equitable by-laws, rules, and regulations for the distribution and use of water among the owners of said lands; and generally to perform all such acts as shall be necessary to fully carry out the purposes of this act. The said by-laws, rules, and regulations must be printed in convenient form for distribution in the district. And it is hereby expressly provided that all waters distributed for irrigation purposes shall be apportioned ratably to each land-owner upon the basis of the ratio which the last assessment of such owner for district purposes within said district bears to the whole sum assessed upon the district; provided, that any land-owner may assign the right to the whole or any portion of the waters so apportioned to him." [As amended, St. Cal. 1891, p. 142.] Sec. 12. [Acquisition of lands and water rights.] Provision is made for regular monthly meetings of the board of directors, and for special meetings on call. Three members constitute a quorum. "The board and its agents and employes shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation |