collections of moneys for or on behalf of the United States in connection with any Federal Reclamation project until there has been an election duly held at which a majority of the qualified electors present and voting has voted in favor of making any such contract."

Section 4. Section 978, Wyoming Compiled Statutes, 1920, is hereby amended and re-enacted to read as follows:

Additional Powers of Commissioners.

"Section 978. The commissioners, their agents, servants, and employees shall have the right to go upon all lands along any reservoirs, ditch, canal or embankment in their district, to inspect, deepen, widen and repair the same whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.

Said commissioners shall have the right to lay out and construct all necessary canals, ditches, drains and embankments across any railway right of way or yard within their district, and any railway company whose right of way or yard is crossed by the line of any proposed canal, ditch, drain or embankment shall open its right of way or yard and permit such canal, ditch, drain or embankment to cross the same as soon as such canal, ditch, drain or embankment is constructed to such right of way. Upon receiving fifteen days notice in writing any railway company across whose right of way or yard any such canal, ditch, drain or embankment is laid out, shall open its right of way or yard and permit said commissioners and their contractors, agents and employees to construct such canal, ditch, drain or embankment across said right of way or yard. For every day that such railway company fails, after the end of said fifteen days, to open their right of way or yard as herein before required, it shall forfeit twenty-five dollars to said irrigation district to be collected in an action as other forfeitures are collected, or to be set off against any damages that have been awarded to such railway company. If such railway company fails to open its right of way or yard along the line of any such canal, ditch, drain or embankment, the commissioners may at any time after the expiration of said fifteen days open such right of way or yard along the line of such canal, ditch, drain or embankment and construct the same. Every irrigation district shall be liable to the railway company whose right of way or yard is crossed by any canal, ditch, drain or embankment of the district, for the reasonable cost of any culverts or bridges for railway purposes made necessary by the crossing of such right of way or yard by any such canal, ditch, drain or embankment, but the cost so entailed shall not be greater than the average cost of other culverts and bridges of similar size installed on the same division of the railway, and crossing streams, canals, ditches or drains of approximately the same width and depth within a distance of one hundred miles of the canals, ditches or drains of said district."

Section 5. Section 990, Wyoming Compiled Statutes, 1920, is hereby amended and re-enacted to read as follows:

Construction of Provisions.

"Section 990. The provisions of this chapter shall be liberally construed to promote the public welfare by reclaiming and irrigating lands, constructing and completing reservoirs, canals, ditches, or other works specified in the petition and the preservation or operation of any irrigation system heretofore or hereafter constructed according to law."

Section 6. Section 992, Wyoming Compiled Statutes, 1920, is hereby amended and re-enacted to read as follows:

Election of Commissioners-Term of Office.

"Section 992. Upon the third Tuesday in November next preceding the expiration of the terms of office of any irrigation district commissioners appointed in any irrigation district, organized under the provisions of this chapter, and upon the third Tuesday in November of each year thereafter, an election shall be held to elect a commissioner or commissioners for said district, in the manner hereinafter prescribed. At the first election held in any district one commissioner shall be elected from each district. Where the district is divided into three sub-divisions the Commissioner from district No. 1 shall serve as commissioner for a term of one year, the commissioner from district No. 2 shall serve as commissioner for a term of two years, and the commissioner from district No. 3 shall serve as commissioner for a term of three years. Where the district is divided into five sub-divisions the commissioners from districts Nos. 1 and 2 shall serve as commissioners for a term of one year, commissioners from districts Nos. 3 and 4 shall serve as commissioners for a term of two years, and the commissioner from district No. 5 shall serve as commissioner for a term of three years. Thereafter all commissioners elected shall serve for a term of three years, except commissioners elected to fill an unexpired term. The term of an elected commissioner shall commence upon the first Tuesday in December next ensuing after his election. Provided, however, if a majority of said commissioners are appointed by the Secretary of the Interior as provided for in this chapter, then the remaining commissioners shall be elected at large within the entire irrigation district for terms of three years each, which terms however shall be limited to and expire on the first Tuesday in December next following the date when the unentered public lands within the district constitutes less than a majority of the total acreage within the district, after which the commissioners shall be elected in the same manner and for the same terms as provided for herein in the case of first elections of commissioners."

Section 7. All acts and parts of acts in conflict herewith are hereby repealed.

Section 8. This act shall take effect and be in force from and after its passage.

Approved March 3, 1923.

CHAPTER 92.

House Bill No. 113.

PROTECTION OF WATER SUPPLY.

AN ACT for the protection of the public water supply; placing the sanitary control and supervision thereof in the State Board of Health of Wyoming, and defining its powers and duties in relation thereto.

Be It Enacted by the Legislature of the State of Wyoming:

Board of Health to Supervise Water Supply.

Section 1. That the State Board of Health shall have the general oversight and care of all inland waters and of all streams, lakes and ponds used by any city, town or public institution or by any water or ice company in this state as sources of water supply for domestic use, and of all springs, streams, and water courses tributary thereto, with respect to their condition

and use as affecting the public health. It shall be provided with maps, plans and documents suitable for such purposes, and shall keep records of all its transactions relative thereto.

Examination of Waters.

Section 2. That said State Board of Health may cause examination of waters to be made to ascertain their purity and fitness for domestic use or their liability to impair the health of the public or persons lawfully using them. It may make rules and regulations to prevent pollution and to secure the sanitary protection of all such waters as are used for domestic

purposes.

Publication of Notice.

Section 3. That the publication for not less than once each week for two successive weeks of an order, rule or regulation made by the State Board of Health under the provisions of this Act in a newspaper of the city or town in which such order, rule or regulation is to take effect, or, if no newspaper is published in such city or town, the posting of at least three copies of such order, rule or regulation in public places in such city or town shall be legal notice to all persons in such city or town and an affidavit of such publication or posting by the person causing such notice to be published or posted, filed and recorded, with a copy of the notice, in the office of the clerk of such city or town shall be admitted as evidence of the time at which, and the place and manner in which, the notice was given.

Co-operation with City and Town Authorities.

Section 4. That said Board shall consult with and advise the authorities of cities and towns and persons having or about to have systems of water supply, drainage and sewerage as to the most appropriate source of water supply and the best method of assuring its purity or as to the best method of disposing of their drainage or sewage with reference to the existing and future needs of other cities, towns or persons which may be affected thereby. It shall also consult with and advise all corporations, companies or persons engaged or intending to engage in any manufacturing or other business whose drainage or sewage may tend to pollute any inland water as to the best method of preventing such pollution, and it may conduct experiments to determine the best methods of the purification or disposal of drainage or sewage. Cities, towns and all other corporations, companies or persons shall submit to said Board for its advice and approval their proposed system of water supply or of the disposal of drainage or sewage, and no city, town or persons or company shall proceed to build or install or enlarge or extend any system of water supply, drainage or sewage disposal, without first. obtaining the approval of the State Board of Health. In this Section the term "drainage" means rainfall, surface and sub-soil water only, and "sewage" means domestic and industrial filth and waste.

Sewage.

Section 5. That no sewage, drainage, refuse or polluting matter, of such kind and amount as either, of itself or in connection with other matter, will corrupt, pollute or impair the quality of the water of any spring, pond, lake or stream used as a source of water or ice supply by a city, town or public institution or family or person or water or ice company for domestic use, or render it injurious to health, and no human excrement, shall be discharged into any such stream, spring, lake, pond or upon their banks or into any feeders of such spring, lake, pond or stream unless such sewage, drainage, refuse or polluting water shall have been purified, so as to render it harmless

in such a manner and under such conditions and restrictions as the State Board of Health may direct.

Provided, that no city or town shall be prohibited or enjoined from discharging its sewage into a river or body of water unless such sewage so pollutes the water thereof as to be dangerous or injurious to public health. Pollution by Industrial Plants.

Section 6. That no municipal or other public or private corporation and no company or person shall hereafter construct, build, establish or operate any railroad, logging road, logging camp, electric plant, manufacturing or industrial plant of any kind upon or over any watershed of any public water supply system, unless such corporation, company or person shall protect said water supply from pollution by such sanitary precautions as shall be approved by the State Board of Health, and any such corporation, company or person intending to construct, build or establish or operate any railroad, logging road, logging camp, electric plant manufacturing or industrial plant of any kind upon the watershed of any public water supply system, shall furnish the State Board of Health with detailed plans and specifications of the sanitary precautions to be taken, which must be approved by said Board.

Complaint Relative to Pollution.

Section 7. That upon complaint to the State Board of Health or the mayor or health officer of any city or town or the managing board or officer of any public institution or the president of an ice company stating that manure, excrement, garbage, sewage or any other matter which pollutes or tends to pollute the water of any lake, pond, spring, stream or water course used by such city or town, public institution or company as a source of water supply, the said Board shall cause a thorough investigation to be made of such alleged nuisance or pollution, and if, in its judgment, the public health so requires, shall by order served upon the party causing or permitting such pollution, prohibit the continuance of such pollution and shall order him to remove any such cause of pollution.

Right of Representatives of Board to Enter Buildings.

Section 8. That the agents and servants of said Board may enter any building, structure or premises for the purpose of ascertaining whether sources of pollution or danger to the water supply there exist, and whether the rules, regulations and orders aforesaid are obeyed. Search warrants for such purpose may be issued by any court or justice of the peace within the county upon complaint made and probable cause shown.

Appeal from Decision of Board.

Section 9. That whoever is aggrieved by any order of the State Board of Health passed under the provisions of this Act may appeal therefrom to the district court of the county in which such order shall be effective. But such notice as the court shall order shall also be given to the mayor of the city or town or president of the water company or any other person interested in such order. While the appeal is pending the orders of the State Board of Health shall be complied with unless suspended by the State Board of Health or by the court.

Authority of Court.

1

Section 10. That the district court of any county of the State shall have jurisdiction in equity upon the application of the State Board of Health or any person interested, to enforce its orders or the orders, rules and regulations of said Board of Health, and to restrain the use or occupation of the

premises or such portion thereof as said court may specify, on which such material is deposited or kept, or such other cause of pollution exists, until the orders, rules and regulations of said Board have been complied with. Report of Board of Health.

Section 11. That the State Board of Health shall biennially make a report to the Legislature, through the Governor, of its doings for the preceding period, recommend measures for the prevention of the pollution of such waters and for the removal of polluting substances in order to protect and develop the rights and property of the State and municipalities therein and to protect the public health, and recommend any legislation or plans for systems of main sewers necessary for the preservation of the public health and for the purification and prevention of pollution of the ponds, lakes, springs and inland waters of the State. It shall also give notice to the Attorney General of any violation of law relative to the pollution of water supplies and inland waters.

Violation-Penalty.

Section 12. That whoever violates any of the provisions of this Act or any rule, regulation or order of the State Board of Health made under the provisions of this Act, shall be punished for each offense by a fine of not more than one thousand dollars or by imprisonment for not more than one year or by both such fine and imprisonment.

Section 13. This Act shall take effect and be in force from and after its passage.

Approved March 3, 1923.

CHAPTER 93.

House Bill No. 203.

TAXATION OF BANKS AND LOAN AND INVESTMENT COMPANIES. AN ACT to amend and re-enact Section 2767, Wyoming Compiled Statutes, 1920, pertaining to the taxation of banks and loan and investment companies.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Section 2767 of Wyoming Compiled Statutes 1920 be amended and re-enacted to read as follows:

Section 2767. Shares of stock in all banks and banking associations, loan or investment companies organized under the laws of this State or of the United States of America shall be assessed and taxed on the par value thereof in the name or names of the respective shareholders by the city or county where such associations, loan and investment companies are located. The president, cashier or other managing officer of such association, or company shall on the first day of April in each year, under oath, return to the assessor of such city or county a list of the names of the share holders or their agents, guardians or trustees, of such association or company and the number of shares of stock in such association or company held and owned by each, of record January 1st of the current year. Such bank or banking association, loan and investment companies shall pay the tax that may be levied upon such shares of stock and payment so made shall be charged to and become a lien against the profits of such association or