STATE LAND LAWS 

 SEC. 401 IRRIGATION FAILURE OF CONTRACTOR. 



of Public Lands to give such party written notice of such failure 

 and if, after a period of sixty days from the giving of such no- 

 tice such party shall have failed to proceed with the work or to 

 conform to the specifications of his contract with the state the 

 bond and contract of such party and all work constructed under 

 such contract shall be at once and thereby forfeited to the state, 

 and it shall be the duty of the Commissioner of Public Lands 

 at once so to declare and to give notice once each week for a 

 period of four weeks in some newspaper of general circulation 

 in the county in which the work is situated, and in one news- 

 paper at the state capital in like manner and for a like period, 

 that upon a day fixed, proposals will be received at the office of 

 the Commissioner of Public Lands at Olympia, Washington, for 

 the purchase of the incompleted works and for the completion 

 of said contract, the time for receiving said bids to be at least 

 sixty days subsequent to the issuing of the last notice of for- 

 feiture. The money received from the sale of partially com- 

 pleted works, under the provisions of this section shall first be 

 applied to the expenses incurred by the state in their forfeiture, 

 and disposal, to satisfy the bond, and the surplus, if any exists, 

 shall be paid to the original contractor with the state. When- 

 ever after the completion of said irrigation works any contractor 

 or his successors or assigns shall fail to furnish an adequate 

 amount of water to irrigate the lands of water right owners or 

 there shall exist other cause as provided by law for the appoint- 

 ment of a receiver, the Attorney General may apply for the 

 appointment of a receiver to take possession of the irrigation 

 works and canal and other property of such party, and manage, 

 operate, sell or dispose of the same. Such application shall be 

 made to the superior court of the county in which the whole or 

 some portion of the irrigation works or canal of such party is 

 situated ; and the court or its receiver by order of the court shall 

 have and may exercise such powers as to the possession, manage- 

 ment, operation, sale or disposition of the property and works 

 of such party as is provided by law relating to receivers : Pro- 

 vided, That nothing herein contained shall be taken or construed 



