“ In 1919, while that suit was still pending, the two companies one still under the control of the other-made and sought to collect from the settlers an assessment of 50 cents per acre to defray the cost of work about to be done on a section of the irrigation works called the check basin. The assessment was made as part of an annual maintenance charge which the settlers were to bear; but they refused to pay because they regarded the work as construction work the cost of which was to be borne by the construction company. ”

“ A hearing resulted in the adoption by the board of a resolution declaring that it was not then prepared to pass definitely on the matter, and would secure further data during the approaching irrigation season on which to rest a definite conclusion, but that it would temporarily approve the assessment as one for maintenance. In order that the money might be collected and the work proceed, and, if it ultimately concluded that the work was construction work, it would require the amounts collected to be applied as credits on the settlers' contracts for water rights or to be repaid in cash. ”

“ The state law makes it a condition to giving an approval that the board be 'satisfied' that the proposed expenditures 'are necessary for the operation and maintenance' of the irrigation works and 'are proper charges against' the settlers. ”