Annual statements to be made by water companies, etc.

Sec. 2. The board of supervisors, town council, board of aldermen, or other legislative body of any city and county, city, or town, are hereby authorized, and it is hereby made their duty, at least thirty days prior to the fifteenth day of January of each year, to require, by ordinance or otherwise, any corporation, company, or person supplying water to such city and county, city, or town, or to the inhabitants thereof, to furnish to such board, or other governing body, in the month of January in each year, a detailed statement, verified by the oath of the president and secretary of such corporation or company, or of such person, as the case may be, showing the name of each water-rate payer, his or her place of residence, and the amount paid for water by each of such water-rate payers, during the year preceding the date of such statement, and also showing all revenue derived from all sources, and an itemized statement of expenditures made for supplying water during said time.

Additional statement.

Sec. 3. Accompanying the first statement made as prescribed in section two of this act, every such corporation, company, or person shall furnish a detailed statement, verified in like manner as the statement mentioned in section two hereof, showing the amount of money actually expended annually, since commencing business, in the purchase, construction, and maintenance, respectively, of the property necessary to the carrying on of its business, and also the gross cash receipts annually, for the same period, from all

sources.

Refusal to make statement a misdemeanor.

Sec. 4. Every corporation, company, or person who shall refuse or neglect to furnish the statements mentioned in sections two and three of this act, or either of them, or who shall furnish any false statement in relation thereto, within thirty days after having been required or requested to furnish the same as prescribed in sections one, two, and three of this act, shall be deemed guilty of a misdemeanor.

Copy of statement to be filed.

Sec. 5. Upon receiving the statements provided for in sections two and three of this act, the board of supervisors, town council, board of aldermen, or other legislative body, shall cause a copy thereof to be made and filed in

the office of the county recorder of such city and county, or of the county wherein such city or town is situated.

Rates to be equal.

Sec. 6. Rates for the furnishing of water shall be equal and uniform. There shall be no discriminations made between persons, or between persons and corporations, or as to the use of water for private and domestic, and public or municipal purposes; provided, that nothing herein shall be so construed as to allow any person, company, association, or corporation to charge any person, corporation, or association anything for water furnished them when, by any present law, such water is free. Excess in charging rates forfeits franchise, etc.

Sec. 7. Any person, company, association, or corpora tion charging, or attempting to collect from the persons, corporations, or municipalities using water, any sum in excess of the rate fixed as herein before designated, shall, upon the complaint of said board of supervisors, town council, board of aldermen, or other legislative body thereof, or of any water-rate payer, and upon conviction before any court of competent jurisdiction, shall forfeit the franchises and water-works of such person, company, association, or corporation to the city and county, city or town, wherein the said water is furnished and used.

Penalty to supervisors neglecting to enforce act.

Sec. 8. Any board of supervisors or other legislative body of any city and county, city or town which shall fail or refuse to perform any of the duties prescribed by this act, at the time and in the manner herein before specified, shall be deemed guilty of malfeasance in office, and upon conviction thereof, at the suit of any interested party, in any court of competent jurisdiction shall be removed from office.

Sec. 9. This act shall take effect and be in force from and after the date of its passage.

An act to provide for the joint investigation with the fed eral government of the water resources of the state, and

the best methods of preserving the forests thereof; and to make an appropriation for the expenses of such investigations.

[Approved March 18, 1905. Stats. 1905, p. 152.]

Section 1. The state board of examiners are hereby empowered to enter into contracts with the director of the United States Geological Survey for the purpose of making topographic maps to the extent of thirty thousand dollars; also for the purpose of gauging streams, determining underground water supplies, surveying reservoir sites and canal locations, for the conservation and utilization of waters of the state, to the extent of twenty thousand dollars; also for the purpose of investigating the economic quality and purity of the water of the state, to the extent of one thousand dollars, provided, no work of the nature heretofore stated shall be done where the same will interfere with the water already appropriated or in reservoirs or now in use for irrigation purposes, or domestic purposes, under the laws of this state; also with the chief of the Bureau of Forestry of the Department of Agriculture for the purpose of studying the forest resources of the state and their proper conservation, and especially with a view of formulating a proper state forestry policy, to the extent of ten thousand dollars; also with the director of the Office of Experiment Stations of the Department of Agriculture for the purpose of ascertaining the best methods of distributing and using the water, to the extent of fifteen thousand dollars, provided, however, that these expenditures for such purposes shall not be in excess of the amounts to be expended by the various departments of the federal government in collaboration with the specific work named above; and provided further, that in case any of the departments of the federal government above mentioned do not contribute these funds for said co-operation, that the state board of examiners shall have power to enter into such contracts as may seem best to them with the lawfully authorized representatives of any of the departments of the federal government for the expenditure of said remaining balance; and provided further, that said last-mentioned expenditure for such purpose shall not be in excess of the amount to be expended by that department of the federal government in collaboration with the state.

Sec. 2. In order to carry out the purposes of this act, any person or persons employed hereunder are authorized to

enter and cross all lands within this state; provided, in so doing no damage is done to private property; it shall be a misdemeanor, punishable as provided in such cases, for any person or persons to willfully and maliciously remove or destroy any permanent marks or monuments made or erected by any such persons.

Sec. 3. The sum of seventy-six thousand dollars is hereby appropriated for the purposes specified in this act, and the controller of state is hereby authorized and directed to draw warrants upon such fund from time to time, upon the requisi tion of the state board of examiners and the state treasurer is hereby authorized and directed to pay such warrants; provided, one half of the appropriation herein shall be avail able in the fifty-seventh fiscal year, and the remaining one half of said appropriation shall be available in the fifty. eighth fiscal year, except that one half the funds for making topographic maps shall be available during the twelve months immediately following the passage of this act, and the remaining one half of this fund shall be available during the second twelve months following the passage of this act.

Sec. 4. It is hereby made the duty of the surveyor-general and the engineer of the board of public works to render any assistance desired by the state board of examiners in furtherance of the aims of this act.

This act shall take effect and be in force on and after the passage of this act.

ACT 4353.

To prevent obstructions in navigable streams. [Stats. 1850, p. 188.]

Superseded by Penal Code, sec. 611, and Political Code, sec. 250. ACT 4354.

For the protection of harbors. [Stats. 1861, p. 224.]

This act forbade the mooring to buoys or beacons and the throwing overboard of ballast. It was superseded in part by the act of 18734, 619, and entirely by Penal Code, secs. 613, 614.

АСТ 4355.

Fixing and defining a miner's inch of water. [Approved March 23, 1901. Stats. 1901, p. 660.]

АСТ 4356.

Artesian wells, regulating use of, and preventing waste of subterranean waters. [Stats. 1877-8, p. 195.]

Section 8 repealed 1901, 284.

ACT 4357.

To declare navigable a creek in sections 35 and 36, town: ship 3 south, range 3 west, Mt. Diablo meridian. [Stats. 1867-8, p. 486.]

This act declared a certain creek in Alameda County navigable.

ACT 4358.

To declare navigable a creek in sections 35 and 36, town1851, p. 422.]

Cal. Rep. Cit. 79, 343.

This act declared certain parts of the following streams navigable San Jose de Guadalupe, Petaluma River, Sonoma River, Napa River, Suisun River, Sacramento River, Feather River, Yuba River, San Joaquin River, Stockton Slough, Mokelumne River, Tuolumne River, Deer Creek, and American Fork. Substantially incorporated in Political Code, sec. 2349, with the exception of the San Jose de Guadelupe and the American Fork.

ACT 4359.

Declaring a certain creek in Washington Township, Alameda County, navigable. [Stats. 1871-2, p. 307.] Probably repealed by Political Code, sec. 2349, as amended 1891.

ACT 4360.

Alameda County, navigable streams in. [Stats. 1867-8, pp. 486-680.]

This act applied, amongst others, to San Leandro Creek and Johnson's Creek.

Particular streams, navigability of, see particular title.

ACT 4361.

Authorizing the boards of supervisors of the several counties of this state to declare innavigable streams highways for the floating of logs and timber, and provide for the improvement and use of the same. [Approved March 7, 1889. Stats. 1889, p. 85.]

Repealed by sec. 25, County Government Act, 1897, 457.

ACT 4362.

To authorize the board of supervisors of the several counties in this state to grant franchises and privileges to corporations, associations, or individuals. [Approved March 3, 1881. Stats. 1881, p. 25.]

Superseded by subd. 35, sec. 25, County Government Act, 1897, 466. Repealed 1901, 265.

This act authorized supervisors to grant privileges to build booms to hold logs and timber.

Gen. Laws-92