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upr000153-078
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Mr. E. E. Bennett 12/27A 8 when an emergency loan shall have been made to the district as provided in Sec. 18, the County Commissioners are compelled to levy a tax sufficient to pay the same, and subdivision 1 1 of Sec. 1 of the Act appears to authorize the water district to cause such a tax to be levied. Otherwise, subdivision 1 1 j would have no meaning since I do not believe the district is / empowered to levy a tax for its own purposes. ' Therefore, the only means of financing the district appear to be by a loan from the county and by the issuance of its negotiable bonds. I do not believe that the board is required to proceed with condemnation of existing properties since sub­divisions ^ 5? and 8 of Sec. 1 authorize the district to take or acquire such property as may be. necessary or convenient both real and personal, by purchase, lease, contract or otherwise, including condemnation. Subdivision 7 of Sec. 1 gives to the district the right of eminent domain and in addition permits the district to take an estate or interest in real property less than fee simple. I therefore am of the opinion that the board may acquire properties by negotiation and that condemnation is not necessary to legalize any such acquisitions. I have no suggestion to make as to the need for additional legislation. District Attorney Bob Jones, who is advising the water district, informs me that he is examining the act to see if additional legislation is necessary and that he has no suggestions to make at this time. He states however, that he may have some suggestions by the time the legislature meets. He further states that the act is comprehensive and he concurs in the view that a bond election is not required. He further concurs in the view that the legislature intended the district to obtain such financing as might be necessary to commence operations by an advance of funds from the county. I will be in. your office prior to 10:00 A.M. January ^-th unless advised otherwise. The District Attorney understands Attorney General Bible is not available for January H-th and that another date has been requested for the contemplated meeting to be held in Las Vegas instead of Los Angeles. Sincerely, CMC*m CALVIN M. CORY ends.