upr000258 303

0 In all pollbooks and lists o f registered electors prepared for any election hereunder, the names of electors w h o have registered or reregistered for such election shall be distinguished from the names of those w h o voted at the last preceding district election, but w h o have not so registered or reregistered, b y the letter R enclosed in parentheses placed before each o f the names o f the form er and the om ission thereof in connection w ith the names o f the form er and the om ission thereof in connection w ith the names of the latter. R egistration o f voters for any regular or special election shall close on the W ednesday preceding such election. T h e registration oath m ay be taken before the registrars or deputy registrars, any m em ber o f an election board, or any officer authorized by law to adm inister oaths. A ll oaths taken before the election board shall be b y them preserved and returned w ith the ballots. (A s amended, Chap. 130, N evada Statutes, 1949.) Section 7. B efore opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties im posed upon him by law. A n y elector of the precinct may adm inister and certify such oath. V acancies occurring during the progress of the election may be filled by the rem aining inspector or inspectors, and any inspector o f election m ay administer and certify oaths. T h e tim e o f opening and closin g the,polls, the manner of conducting the election, canvassing and announcing the result, the keeping o f the tally list, and the m aking and certifying of such result, and the disposition o f the ballots after election, shall be the same, as near as m ay be, as provided for elections under the general election law of this state. Registrars and election officers m ay receive such com pensation for their services as the board shall prescribe, not exceeding the am ount paid for similar services at general elections. T h e returns shall be delivered to the secretary o f the district, and no list, tally paper, or returns from any election shall be set aside or rejected for want o f form if it can be satisfactorily understood. T h e board o f directors shall meet at its usual place of m eeting on the second M onday after an election to canvass the returns, and it shall proceed in the. same manner and w ith like effect, as near as m ay be, as the board of county com m issioners in canvassing the returns of general elections, and w hen it shall have declared the result the secretary shall make full entries in his record in like manner as is required o f the county clerk in general elections. T h e board o f directors must declare elected the person or persons having the highest num ber o f votes given for each office. T h e secretary shall im m ediately make out and deliver to such person or persons a certificate o f election, signed by him and authenticated w ith the seal of the board. W ith in ten days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same w ith the secretary of the board of directors. Each m em ber o f said board of directors shall execute an official bond in the sum o f ten thousand [dollars] ($10,000), w hich shall be approved b y the ju d ge of the district court in and for the county where such organization is effected. Such bonds shall be recorded in the office o f the county recorder and filed with the secretary o f the board. T h e costs o f such bonds shall be borne b y said water district. Section 8. T h e officers o f such district shall consist o f seven directors as aforesaid, a president and a vice president, elected from their number, a secretary, and treasurer. T h e board m ay appoint an assistant secretary w ho shall exercise such of the pow ers and perform such o f the duties of the secretary as m ay be designated b y the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf o f the secretary any bonds o f the. district. T h e secretary and treasurer shall be appointed by the board of directors and m ay or m ay not be members o f said board. Such officers shall serve at the . w ill o f the board. O ne person m ay be appointed to serve as secretary and treasurer. T h e board m ay also appoint an engineer and m anager and such other assistants as m ay be necessary. T h e directors im m ediately upon their election and qualifi­cation shall m eet and organize. T h e board of directors shall designate som e place within the county as the office o f the board, and the board shall hold a regular m onthly m eeting in this office on such day o f the m onth as that fixed upon by resolution duly, entered upon the minutes. A ll m eetings o f the board shall be public, and a m ajority of the m em bers shall constitute a quorum for the transaction o f business, but on all questions requiring vote there shall be a concurrence o f at least a m ajority o f the m em bers o f the board. A ll records o f the board shall be open to the inspec­tion o f any elector during business hours. On the first M onday in M ay next follow in g their election, the board, o f directors shall m eet and organize, and elect a president and vice president, and appoint a secretary and treasurer. T h e appointees aforesaid shall file bonds, w hich shall be approved b y the board for the faithful perform ance of their duties. A n y vacancies in the office of director shall be filled from the division in w hich the vacancy occurs by the rem aining members of the board. In cases w here a vacancy occurs in the office o f director, and the rem aining directors, at the next regular m onthly m eeting of the board o f directors follow in g such vacancy, do not by a m ajority vote o f such rem aining directors appoint a successor to fill such a vacancy, then the president o f the board of directors shall fill such vacancy by appointment, and in the event of the 5 % vacancy occurring in the office of the director w ho is president of the board, then the vice president shall fill the vacancy by appointment. A director 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. Section 9. T he board of directors shall have pow er to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to em ploy and appoint such agents, officers, and em ployees, delegates to conventions, or other representatives in the interest o f the district as m ay be required, and prescribe their duties and remuneration, and to establish bylaw s, rules, and regulations for the distribution and use o f water in the district. Said bylaws, rules, and regulations shall be printed in convenient form for distribution throughout the district. For the purpose o f acquiring control over governm ent lands within the district, and of com plying w ith the provisions of an act of Congress of A ugust 11, 1916, entitled “ A n act to prom ote reclam a­tion of arid lands,” the board shall have pow er to make such investigation, and base thereon such representations and assurances to the secretary o f the interior as m ay be requisite. T he board and its agents and em ployees 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 w hich m ay be deemed best for such location. Section 10. A n y person w ho shall w rongfully 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 im provem ent constructed or acquired under the provisions of this act, or shall w ron gfu lly and m aliciously interfere with any officer, agent, or em ployee of the district in the proper discharge o f his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars ($500) or im prisoned not to exceed [ninety] (90) days in the county jail, or by both such fine and im prisonm ent; provided further, that the water district dam aged 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. Section 11. A ll m oneys belonging to or in the custody of the water district shall, so far as possible, be deposited in such state orm ational bank or banks in this state as the treasurer or other officer of such w ater district having legal custody o f said m oneys shall select for the safe-keeping thereof, and shall be subject to w ithdraw al at any tim e on demand o f the treasurer or other authorized officer. F or the security o f 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 b y the laws o f this state, and approved by the insurance com m issioner o f this state as a com pany possessing the qualifications required, for the purpose of transacting a surety business within this" state; provided, that the penal am ount of such bond or bonds shall at no tim e be less than the am ount o f m oney deposited by such water district with such depositary ; said bond or bonds shall secure and guarantee the full and com plete repaym ent to such w ater district or the paym ent to its order of all funds so deposited, together w ith interest thereon. T h e premium for such corporate surety bond or bonds, in the discretion o f the directors o f the water district, m ay be paid out o f 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 w ater district treasury notes or U nited States bonds, or other securities w hich are legal investm ents for savings bonds in this state, the market value o f w hich shall at all times equal the am ount o f funds so deposited as collateral security, and such securities shall be placed b y such treasurer in escrow in som e bank other than the depositary of the funds o f such district. In the event o f 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 m ay be sold b y him with or w ithout notice, and the proceeds thereof used to reimburse the district. T he treasurer, or other officer, of such district having legal custody of its m oneys, may, in his discretion, deposit such m oneys, in w hole or in part, in U nited States postal savings banks. H e shall also have pow er to deposit such m oneys in the same manner and under the same conditions as m ay be applicable to the deposit o f state, county, a n d /or municipal funds b y the legal custodians thereof^ Section 12. T h e board of directors of any district now or hereafter organized under the provisions o f this act shall have pow er to enter into contracts of indem nity and guaranty, in such form as m ay be approved by said board, relating to or connected with the perform ance o f any contract or agreem ent w hich said district shall be em pow ered to enter into under the provisions o f this act or any other law o f this state. 6