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upr000154-122
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    S ' appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified. SEC. 9 The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the district as may be required, and prescribe their duties and remuneration, and to establish by-laws, rules, and regulations for the distribution and use of water in the district. Said by-laws, rules, and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying with the provisions of an act of Congress of August 11, 1916, entitled ”An act to pro­mote reclamation of arid lands,” the board shall have power to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite® The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. SEC. 10. Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair, the usefulness of any reservoir, canal ditch, lateral, drain, headgate, dam or other work, structure, or improvement construct­ed or acquired under the provisions of this act, or shall wrongfully and maliciously interfere with any officer, agent, or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not ex­ceeding five hundred dollars ($500) or imprisoned not to exceed (90) days in the county jail, or by both such fine and imprisonment; provided further, that the water district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorney's fees and costs of court. SEC. 11. All moneys belonging to or in the custody of the water district shall, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of such water district having legal custody of said moneys shall select for the safe-keeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer. For the security of such deposits there shall be delivered to the treasurer of such water district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state; provided. that the penal amount of such bond or bonds shall at no time be less than the amount of money deposited by such water district with such depositary; said bond or bonds shall secure and guarantee the full and complete repayment to such water district or the payment to its order of all funds so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the directors of the water district, may be paid out of the funds so deposited or may be required to be paid by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such water district treasury notes or United States bonds, or other securities which are legal investments for savings bonds in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district. In the event of the failure of the depositary to repay such funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer, of such district having legal custody of its moneys, may, in his discretion, deposit such moneys, in whole or in part, in United States postal savings banks. He shall also have power to deposit such moneys in the same manner and under the same conditions as may be applicable to the deposit of state, county, and/or municipal funds by the legal custodians thereof. SEC. 12. The board of directors of any district now or hereafter organized under the provisions of this act shall have power to enter into contracts of indemnity and guaranty, in such form as may be approved by said board, relating to or connected with the performance of any contract or agreement which said district shall be empowered to enter into under the provisions of this act or any other law of this state. - 6 -