the time of the making of such record or on date of the first meeting of the board thereafter, which shall be open to the inspection of the owners of property in the district, as well as to all other interested parties, said record is hereby declared to be the official record of the drainage district, and shall be conclusive evidence as to all actions, proceedings and notices and the contents thereof af fecting said district.

Quorum.

Section 11. A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination.

May Employ Agents.

Section 12. The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board in such particulars as it may direct in the performance of its duties. It shall be the duty of the secretary to attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by the provisions of this Act, or by any person ordering the same and paying the reasonable cost of transcription and any portion of the record so certified and attested shall be prima facie evidence of the facts therein contained. The secretary shall serve also as treasurer of the district, unless a treasurer is otherwise provided for by the board. The board may also employ and discharge a chief engineer who may be an individual, co-partnership or corporation, or a member of the board of directors, who is a civil engineer may be designated as chief engineer of the district; an attorney; and such other engineers, attorneys and other agents and assistants as may be useful and necessary; and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement. The employment of the secretary, treasurer, chief engineer and attorney for the district shall be evidenced by agreements in writing, which, so far as possible, shall specify the amounts to be paid for their services and be approved by the court, having jurisdiction of the proceedings. The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board each year, or oftener if required by the board, and may make such suggestions and recommendations to the board as he may deem proper.

To Prepare Plans.

Section 13. Upon their qualification, the board shall prepare or cause to be prepared a plan for the improvements for which the district was created. Such plans shall include such maps, profiles, plans and other data and descriptions as may be necessary to set forth properly the location and character of the work, and of the property benefited or taken or damaged, with estimates of cost and specifications for doing the work.

In case the board of directors finds that any former survey made by any other district or in any other manner is useful for the purposes of the district, the board of directors may take over the data secured by such survey, or such other proceedings as may be useful to it, and may pay therefor an amount equal to the value of such data of such district. No construction shall be made under the authority of this Act which will cause the flooding of any land, village or city or which will cause the water to back up into or Ton any land, village or city, unless the board of directors shall have acquired and paid for the right to use the land affected for such overflow purpose and shall have paid all damages incident thereto. No railroad shall be required to be constructed with a grade in excess of the ruling grade then existing upon that division of said railroad whereon said change is required, without just compensation.

Upon the completion of such plan, the board shall cause the court clerk, having jurisdiction to give notice by publication as provided herein in each county of said district, of the completion of said plan, and shall permit the inspection thereof at their office, by all persons interested. Said notice shall fix the time and place for the hearing by the court of all objections to said plan, not less than sixty (60) days nor more than ninety (90) days after the last publication of said notice. All objections to said plan shall be in writing and be filed with the secretary of said board at his office on or before the date of hearing fixed in said notice, provided, however, that the court, for good cause shown, shall have authority to extend the time for filing said objections in its discretion. If at said date a majority in amount of assessment of said district shall file a protest and objection to the continuing of said work as a whole, then the court shall order an assessment of the properties in said district sufficient to pay the cost of the proceedings up to said time, said costs to be fixed by the court, and to be prorated equally upon the property included in said proposed district, provided, however, that no assessment for said purpose shall be more than twenty cents (20c) per acre on agricultural lands. Upon the collection of said assessments the court shall order said district dissolved. If said district be not dissolved by the court, the board of directors shall hear objections and adopt a plan as the official plan of said district. If any person or persons object to said official plan so adopted, then such person or persons may, within forty (40) days from the adoption of said official plan, file their objections in writing, specifying the features of the plan to which they object in the office of the clerk of the court having jurisdiction of said proceedings and he shall fix a date thereof before the court, not less than twenty (20) days, nor more than thirty (30) days after the time fixed for filing objections, at which time the judge having jurisdiction of the organization of the district, shall hear said objections and adopt, reject or refer back said plan to said board of directors, provided, however, that the court may, for good cause shown, extend the time herein fixed. If said court shall reject said plan, then said board shall proceed as in the first instance under this section to prepare another plan.

If the court should refer back said plan to said board for amendment, then the court shall continue the hearing to a day certain without publication of notice.

If the court refers back said plan to said board, then a certified copy of said journal entry of said court shall be filed with the secretary of the board of directors, and by him be incorporated into the records of the district. The official plan may be altered in

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detail from time to time until the assessment roll is filed, and of all such alterations the appraisers shall take notice. But after the assessment roll has been filed in court, no alterations of the official plan shall be made except as provided herein.

To Execute Works.

Section 14. The board of directors shall have full power and authority to devise, prepare for, execute, maintain and operate any or all works or improvements necessary or desirable to complete, maintain, operate and protect the official plan. They may secure and use men and equipment under the supervision of the chief engineer or other agents, or they may in their discretion let contracts for such works, either as a whole or in parts.

May Enter Upon Lands.

Section 15. The board of directors of any district organized under this act, or their employees or agents, including the contractors and their employees, and the members of the board of appraisers and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district, or to have access to the work, the district being liable, however, for actual damages done, but no unnecessary damage shall be done. General Powers.

Section 16. In order to effect the protection, reclamation or irrigation of the land and other property in the district, the board of directors is authorized and empowered to clean out, straighten, widen, alter, deepen or change the course or terminus of any ditch, drain, sewer, river, water course, pond, lake, creek or natural stream in or out of said district; to fill up any abandoned or altered ditch, drain, sewer, river, water course, pond, lake, creek or natural stream, and to concentrate, divert or divide the flow of water in or out of said district; to construct and maintain main and lateral ditches, sewers, canals, levees, dikes, dams, retardation dams, irrigation dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and siphons and any other works and improvements deemed necessary to construct, preserve, operate or maintain the works in or out of said district; to construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed in or out of said district; to construct or elevate roadways and streets; to construct any and all of said works and improvements across, through or over any public highway, canal, railroad right-of-way, track, grade, fill or cut, in or out of said district; to remove or change the location of any fence, building, railroad, canal or other improvements in or out of said district; and shall have the right to hold, encumber, control, to acquire by donation, purchase or condemnation, to construct, own, lease, use and sell real and personal property, and to acquire, construct, own, lease, use or sell any easement, riparian right, railroad right-of-way, canal, cemetery, sluice, reservoir, holding basin, mill dam, water power, wharf, holding basin or franchise in or out of said district for right-of-way, or for any necessary purpose, or to acquire, own, lease, use and sell any real estate for material to be used in constructing and maintaining said works and improvement, to replat or subdivide land, open new roads, streets and alleys, or change the course of any existing one.

To Advertise and Let Contracts.

Section 17. When it is determined to let the work by contract, contracts in amounts to exceed One Thousand Dollars ($1,000.00) shall be advertised after notice calling for bids have been published, once a week for three (3) consecutive weeks completed on date of last publication, which shall not be less than fourteen (14) days from the first publication, in at least one newspaper in each county, any part of which is in said conservancy district, of general circulation within said county, and the board may let said contract to the lowest and best bidder, who shall give a good and approved bond, with ample security, equal in amount to the total of the bid, conditioned on the carrying out of the contract, and shall file the bond now required by law to guarantee the payment for wages and materials with the court clerk of the district court having jurisdiction in amount and conditioned as provided by law, conditioned on the carrying out of the contract. But this contract shall not be let to another than the lowest bidder until a hearing before the court has been had with notice to all parties interested, as ordered by the court and an order obtained from the court. Such contract shall be in writing, and shall be accompanied by or shall refer to plans and specifications for the work done, prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the board and by the contractor, and shall be executed in duplicate. Provided, that in case of sud, den emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors, with the approval of the court or the judge in vacation.

Dominant Right of Eminent Domain.

Section 18. Said board, where necessary for the purpose of this Act, shall have dominant right of eminent domain over the right of eminent domain of railroad, telegraph, telephone, gas, water power and other companies and corporations, and over townships, villages, counties and cities. In the exercise of this right due care shall be taken to do no unnecessary damage to other public utilities, and, in case of failure to agree upon the mode and terms of interference, their operation or usefulness shall not be interfered with beyond the actual necessities of the case, due regard being paid to the other public interest involved.

May Condemn Under General Law.

Section 19. Said board shall also have the right to condemn for the use of the district any land or property within or without said district, according to the procedure provided by law for the condemnation of land or other property taken for telegraph, telephone and railroad rights-of-way.

May Make Regulations to Protect Works.

Section 20. Where necessary in order to secure the best results from the execution and operation of the plans of the district, or to prevent damage to the district by the deterioration or misuse, or by the pollution of the waters, of any water course therein, the board of directors may make regulations for and may prescribe the manner of building bridges, roads, or fences or other works in, into, along or across any channel, reservoir, or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any water course therein.

The construction of any works in a manner harmful to the district or to any water course therein, and in a manner contrary to that specified by the directors, shall be a misdemeanor, and upon conviction shall be punishable by a fine of not more than Five Hundred Dollars ($500.00). The directors shall have authority to enforce by mandamus or otherwise all necessary regulations made by them and authorized by this Act, and may remove any harmful construction or may close any opening improperly made. Any person, corporation or municipality wilfully failing to comply with such regulations shall be liable for all damages caused by such failure and for the cost of renewing any construction damaged or destroyed.

May Remove Bridges.

Section 21. Whenever the official plan requires the building, modification, removal, or rebuilding of any bridge, grade, aqueduct or other construction, and a hearing upon the report of the appraisers has been had and a final order issued by the court for appraisals and assessments affecting such construction, the owner of said bridge, grade, aqueduct or other structure shall be bound to make such changes or adjustments within the time specified in the official plan, or within the time directed by the court, which time shall be a reasonable one under all circumstances. In case such changes or adjustments are not made, the board of directors may make such adjustments or removals. If the change or improvement of a natural water course is made necessary by the insufficiency of the bridge or other structure to permit the water of the stream to pass through it in time of high water, the work of altering or removing said bridge or other structure shall be at the expense of the owner. Before the removal or modification of any works outlined in this section, the board of directors shall give thirty (30) days' notice to the owner of such bridge or such construction that the same be adapted to the plans. In case the owner of any bridge or other structure shall object to the modification or removal of such bridge or other structure on the ground that the cost of the modification will be greater than the benefits resulting from such removal, a hearing shall be had before the district court having the original case, and if such contention is sustained, such modification or removal shall not be required. If said building, modification or removal or rebuilding of any bridge, aqueduct or other construction causes damage to the owner or owners thereof, which damages are required under this Act to be paid by the conservancy district, the owner or owners thereof shall not be required to make any changes or alterations until the damages have been paid them by the district.

The board of directors of any district organized under this law shall have full power and authority to improve in alignment, section, grade or in any other manner any water course, and they may require the removal, widening, lengthening, deepening, raising or