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and authorize the destruction of the same when at large contrary to ordinance.

70. To direct the location and regulate the management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher butcher shops, soap factories, foundries, breweries, distilleries, livery stables, and blacksmith shops in and within one mile of the limits of the corporation.

71. To prohibit any offensive or unwholesome business or establishment in and within one mile of the limits of the corporation; to compel the owner of any pig sty, privy, barn, corral, sewer, or other unwholesome or nauseous houses or place, to cleanse, abate or remove the same, and to regulate the location thereof.

72. To provide for taking the census; but no census shall be taken oftener than once in five years, except as provided in chapter one of this title.

73. To provide for the construction and care of all public buildings necessary for the use of the city.

74. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on sidewalks, or to frighten teams or horses.

75. To regulate or prohibit the keeping of any lumber yard, and the placing or piling or selling of any lumber, timber, wood, or other combustible material within the fire limits of the city.

76. To purchase, construct, lease, rent, manage, and maintain any system or part of any system of water works, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

77. To establish, maintain, and regulate free public libraries and reading rooms as provided by law, and to perpetuate such free libraries and reading rooms as may have been heretofore established in said cities.

78. To regulate or prohibit all public demonstrations and processions which interfere with public traffic.

79. To provide for the burial of the indigent dead, and to pay the expenses thereof.

80. To authorize the taking and to provide for the safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

81. To regulate the inspection of malt, vinous, and spirituous liquors.

82. To provide by ordinance for the annual levy and collection of a street tax to be assessed upon the property, real and personal, of the city, which tax if levied and collected, shall be in lieu of the tax provided for in subdivision three of section two hundred and fifty-three. Said tax shall not in any one year exceed one-half of

one per cent, and shall be expended for the opening, widening, grading, and improving of the streets, sidewalks, avenues, and alleys of the city.

83. To prevent the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises, for the purpose of business, amusement, or otherwise, and to prevent all performances and devices tending to the collection of persons on the streets or sidewalks of the city.

84. To compel persons to fasten animals attached to vehicles standing or remaining in the streets.

85. To require all municipal officers and agents elected or appointed to give bond and security for the faithful performance of their duties, and to require from every officer of the city at any time a report in detail of all the transactions in his office, or any matters connected therewith.

86. To create any office that may be deemed necessary for the good government of the city; to regulate and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law.

87. To raise revenues by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

88. To pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging all powers and duties conferred by this title, and such as shall seem necessary and proper to provide for the safety, and preserve the health, and promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the city and the inhabitants thereof, and for the protection of property therein; and to enforce obedience to such ordinances with such fines or penalties as the city council may deem proper; provided, that the punishment of any offense shall be by fine in any sum less than three hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

Approved this 23rd day of March, 1901.

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AN ACT defining the duties of the State Engineer; providing for the creation of water districts and for the appointment of a water commissioner for each district; providing for the proper measurement and division of water; providing for the reclamation of stored water; and repealing chapter 8, title 63, Revised Statutes of Utah, 1898.

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

SECTION 1. State Engineer. Appointment. Qualifications Shall have supervision of waters of state. There shall be a State Engineer, who shall be appointed by the Governor of the state and be con

firmed by the senate. He shall hold his office for the term of four years, or until his successor shall have been appointed and shall have qualified. He shall have general supervision of the waters of the state and of the officers connected with its distribution. No person shall be appointed to this position who has not such theoretical knowledge and such practical experience and skill as shall fit him for the position.

Sec. 2. Salary. The State Engineer shall receive a salary of two thousand dollars per annum, payable in quarterly installments, by the State Treasurer, upon warrants drawn by the State Auditor. Sec. 3. Office at state 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, he 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 delivery to his successors, 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. Duties. The state engineer shall make, or cause to be made, measurements and calculations of the discharge of streams, from which water shall be taken for beneficial purposes, commencing such work upon those streams which are most used for irrigation or other beneficial purposes. He shall collect facts, and make surveys to determine the suitable location for constructing works for utilizing the water of the state, and to ascertain the location of the lands best suited for irrigation. He shall examine reservoir sites, and shall, in his reports, embody all the facts ascertained by such surveys and examinations, including, wherever practicable, estimates of the costs of proposed irrigation works, and of the improvement of reservoir sites. He shall become conversant with the waterways of the state, and the needs of the state 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 in his office full and proper records of his work, observations and calculations, all of which shall be the property of the state.

Sec. 6. Assistants. The State Engineer shall have the power to employ assistants at a total expense not to exceed one thousand dollars per annum. Such assistants shall be paid in quarterly installments out of any money appropriated for that purpose, on certificates of the state engineer, showing the amount of such employment and the compensation therefor. On the presentation of such certificates to the State Auditor, he shall issue warrants on the State Treasurer for the amount thereof.

Sec. 7. Traveling expenses. When the state engineer, or any assistant, is called away from the 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. Such certificates shall be presented to the State Auditor, who shall thereupon draw upon the State Treasurer for the amount thereof.

Sec. 8. Reports. The State Engineer shall prepare and render to the Governor, biennially, and oftener if required, full and true reports of his work, touching all matters and duties devolving upon him by virtue of his office, which 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.

Sec. 9. Measurements of streams. In making measurements of any stream it shall be the duty of the State Engineer, or some qualified assistant, to proceed at a time specified, of which due notice shall be given to the parties interested, to make an examination of said stream, and the works diverting water therefrom; said examination to include measurements of the discharge of said stream, and of the carrying capacity of the various ditches and canals diverting water therefrom; an examination of the irrigated lands, and an approximate measurement of the lands irrigated, or susceptible of irrigation, from the various ditches and canals, which said observation and measurements shall be reduced to writing, and made a matter of record in his office. It shall be the duty of the State Engineer to make, or cause to be made, a map or plat, on a scale of not less than one inch to the mile, showing with substantial accuracy, the course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of land which have been irrigated, or which are susceptible of irrigation from the ditches and canals already constructed, and he shall file a certified copy of said map with the county recorder of the county in which said stream is situated.

Sec.10. Fees. The State Engineer shall receive the following fees: For examining and approving plans and specifications for any dam, ten dollars; and if necessary to inspect the site where the dam is to be built, an additional charge of ten dollars per day and expenses shall be made.

Sec. 11. Fees to be paid into state treasury. All moneys received by the State Engineer in accordance with section 10 of this act, shall be paid by him into the state treasury on the first Monday of January, April, July and October, respectively.

Sec. 12. Cubic foot per second legal standard. A cubic foot of water per second of time, which shall be known as a second-foot, shall be the legal standard for the measurement of water in this state, both for the purpose of determining the flow of water in natural streams, and for the purpose of distributing water therefrom.

Sec. 13. Water districts to be created. The board of county commissioners of each county of the state shall by ordinance create one or more water districts in their respective counties, em

bracing all the water thereof in such a manner as to secure the best protection to the claimants for water, and the most economical supervision on the part of the state.

Sec. 14. Water commissioners to be appointed. For each water district created under the provisions of this act, there shall be appointed one water commissioner, who shall be a resident of the county in which he is to serve and who shall be appointed by the board of county commissioners. Each water commissioner shall hold his office for two years (unless removed for cause), and until his successor is appointed and has qualified.

Sec. 15. Water commissioner's duties. It shall be the duty of the water commissionero f each district to measure, at least once a week, all the water diverted from any public stream during the time water is being diverted for irrigation purposes, and he shall keep an accurate record of each such measurement. He shall furnish copies of the records of all such measurements monthly, and not later than the 10th of each month, to the State Engineer and to the county recorder of the county where such measurements are made, for record in their respective offices, provided that no charge shall be made for such recording. Such measurements may be omitted when, in the judgment of the board of county commissioners, they are not necessary.

Sec. 16. State Engineer to give instructions. The State Engineer shall give instructions to all water commissioners as to the manner in which the measurements of water shall be made.

Sec. 17. Water commissioners to report to State Engineer. All water commissioners shall make reports to the State Engineer as often as may be deemed necessary by said engineer. Said reports shall contain such information as the State Engineer may require.

Sec. 18. Duty of water commissioners. It shall be the duty of each water commissioner to divide the water in the natural stream or streams in his districts among the several ditches taking water therefrom, according to the prior rights of each, respectively, in whole or in part, and to shut and to fasten, or cause to be shut and fastened, the headgates of ditches heading in any of the natural streams of the districts, when, in times of scarcity of water, it is necessary so to do by reason of priority of the rights of others taking water from the same stream, or its tributaries. Every person who shall wilfully open, close, change or interfere with any headgate or water box without authority, shall be deemed guilty of a misdemeanor. The water commissioners or their assistants, within their districts, shall have the power to arrest any person or persons offending and turn them over to the sheriff or constable of the proper county, and upon delivering any such person so arrested, it shall be the duty of the water commissioner making such arrest to immediately, in writing and upon oath, make complaint before the proper justice of the peace against the person so arrested.

Sec. 19. Id. Said water commissioners shall divide, regulate and control the use of the water of all streams within their respec

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