Title 43 — IRRIGATION DISTRICTS

43-1708. Lien of cost of works and assessments. The apportionment of the cost of the irrigation works made by the board of directors of the irrigation district under section 43-404, and all assessments and taxes levied and assessed against said land by the district shall be a fir…

43-1709. Effect of tax deed. A tax deed from the treasurer of the district shall be conclusive proof to the department of water resources that the assessments have been regularly and legally made on said land, and no irregularity with reference to any assessment can be raised aft…

43-1710. Reentry and sale. In case the district is a purchaser at the sale for delinquent assessments levied and assessed against such lands, said district may, and it is hereby authorized and empowered to, after the expiration of the one (1) year’s redemption period, enter into …

43-1711. Application of Carey Act law. The state laws with reference to the Carey Act lands and requests for selection, etc., and the procedure with reference to the same shall apply to the applications of an irrigation district where the same are not particularly provided for in…

43-1712. Application of chapter. The provisions of this chapter shall apply only to irrigation districts.

43-1801. Cooperation with government under Act of August 11, 1916. The board of directors of any irrigation district organized under the laws of this state may make such investigations and based thereon, such representations and assurances to the secretary of the interior as may …

43-1802. Procedure for inclusion of public land in irrigation district. The secretary of the interior, or his duly authorized representative, may on behalf of the United States, sign a petition for the annexation of adjacent unentered public lands of the United States to the dist…

43-1803. Contracts with federal government under reclamation act. The board of directors of an irrigation district organized under the laws of the state of Idaho may enter into any obligation or contract with the United States for the construction, operation and maintenance of th…

43-1804. General powers of board contracting with government. The said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection with such contracts, and all things required by the rules and regulations now or tha…

43-1805. Federal government contracts not subject to safeguards required in private contracts. As to any work or supplies covered by or to be covered by contract between the district and the United States the provisions of section 43-901 shall not apply.

43-1806. Various contractual options — Ratification by electors. In case the district has its works partially completed and bonds authorized and outstanding, the proceeds of which have been used for the construction of said works, the said district may enter into a contract with …

43-1807. Substitution of district liability for individual liability to government. Irrigation districts which embrace lands for which works have been constructed by the United States and water right applications or contracts made and accepted under public notice issued by the se…

43-1808. Election to determine whether district shall contract with government. (a) At any election under the provisions of section 43-401, Idaho Code, when the question of a contract between the district and the United States is to be voted upon, the notice of such election may …

43-1809. Optional procedure following election. After authorization of indebtedness shall have been made by the voters, evidenced by an election as provided in section 43-401, the board of directors may enter into a contract or obligation with the United States as provided in thi…

43-1810. Deposit of bonds with government. In case contract has been or may hereafter be made with the United States as herein provided, in lieu of the sale of bonds provided in section 43-409, bonds of the district may be deposited with the United States at ninety per cent (90%)…

43-1811. Terms of bonds. Irrigation district bonds deposited with the United States pursuant to the provisions of this chapter may call for the payment of principal without interest if so provided in the contract with the United States, or for the payment of interest, may be of s…

43-1812. District may act as fiscal agent of government. The board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collection of moneys for or on behalf of the Un…

43-1813. District acting as fiscal agent — Government’s remedies preserved. Such agency on the part of the district shall not in any way impair the lien reserved to the United States on any tract of land for the cost of such construction, or the rights of the United States to any…

43-1814. Directors’ additional official bonds. In case any district organized under the provisions of this title is appointed fiscal agent of the United States or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection…

43-1815. Treasurer’s additional official bond. In case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal…

43-1816. Assessments for construction costs — Repayment of money advanced by government. Whenever any amount of money shall have been advanced by the United States for the construction of irrigation works, contemplated under the provisions of this title, by the authority of act o…

43-1817. Levy of assessment to meet payments to government. If the bonds of the district are not deposited with the United States as authorized in this chapter, it shall be the duty of the board at its regular meeting in September of each year to include as part of any levy or as…

43-1818. Lien of assessments. All assessments shall be liens against the property assessed from and after the first Monday in March of any year. The lien for the payments due the United States under any contract between the district and the United States, accompanying which bonds…

43-1819. Payment of assessments — When delinquent. In districts which have prior to such assessment entered into contracts with the United States requiring payments to the United States on or before December first of that year, on or before the first day of November the secretary…

43-1820. Maintenance of constructed works. The works constructed under the provisions of such contract with the United States shall be controlled and administered by the district in accordance with the provisions of said act of congress and the regulations thereunder.

43-1821. Contract of maintenance — Levy of assessments. In cases where the United States has constructed irrigation works, canals and laterals under the provision of the Act of Congress of June 17, 1902, known as the reclamation act, or acts amendatory and supplementary thereto, …

43-1822. Resolution concerning maintenance assessments. The board of directors of any irrigation district which shall have entered into a contract or contracts with the United States may, by passing a resolution to that effect and the publication thereof for at least two (2) week…

43-1823. Annual maintenance assessment. Each year thereafter, unless such resolution be revoked by a later resolution duly passed and published in like manner, the board of directors of such district shall at the regular meeting of such board on the first Tuesday in December levy…

43-1824. Basis of assessment. Such operation and maintenance assessment shall be apportioned pursuant to the provisions of section 5 of the Act of Congress of August 13, 1914, known as the reclamation extension act, upon the basis of the number of acre-feet of water delivered dur…

43-1825. Notice of assessment. The secretary of the district must, on or before the first day of February, deliver the assessment book or books containing the record of such separate operation and maintenance assessment to the treasurer of the district who shall, within ten (10) …

43-1826. Payment of assessment. The treasurer of the district must attend at the times and places specified in the notice to receive assessments which must be paid in lawful money of the United States. He must mark the date of payment of any assessment in the assessment book oppo…

43-1827. Cancellation of operation and maintenance assessments. The board of directors of any irrigation district which has entered, or may hereafter enter, into a contract with the United States for the operation of the irrigation works of any federal reclamation project, may ca…

43-1828. Discount for prompt payment — Penalties for delinquency. Pursuant to the provisions of section 6 of said reclamation extension act, if said operation and maintenance charge or assessment is paid on or before the date when due there shall be a discount of five per cent (5…

43-1829. Reservoirs constructed by government — Power of district to acquire and dispose of rights therein. The board of directors of an irrigation district organized under the laws of the state of Idaho may, when authorized by the qualified electors of the district, who are resi…

43-1830. District rights in government reservoir — Allotment or sale — Terms of sale — Election. The rights referred to in section 43-1829 may be disposed of by the board of directors by pro rata allotment to the lands in the district, or by sale for use within or outside of the …

43-1831. Districts embracing lands subject to federal liens — New and amended contracts with United States. Any irrigation district now or hereafter organized under the laws of the state of Idaho and embracing lands subject to liens, charges or assessments for money owing the Uni…

43-1832. Apportionment of benefits under new contract. The board of directors of any such irrigation district shall apportion the amount owing the United States to the lands of the district under such amended or new contract, and such apportionment of benefits shall be made by th…

43-1833. Determination of annual levies under new contract. Annual levies under such amended or new contract for the purpose of making payments due the United States may be made by the board of directors either before or after judicial confirmation of such apportionment of benefi…

43-1834. Levies or assessments on different classes of land. Annual levies for the purpose of making payments due or to come due to the United States in irrigation districts for which water is furnished by the United States under a contract or contracts made pursuant to acts of c…

43-1901. Authority conferred. In addition to other powers and authorities any irrigation district now or hereafter organized under the laws of Idaho and having a contract or hereafter contracting with the United States under the Federal Reclamation Law (being the act of June 17, …

43-1902. Method of making contract. The making of any contract under this act obligating a district to repay construction costs shall be authorized by the board of directors and the voters of the district in substantially the same manner as is provided with respect to contracts w…

43-1903. Tolls and charges — Handling of funds. A district, acting through its board of directors, shall have the power in connection with a domestic water system undertaken under this act: (a) to establish periodic tolls and charges for domestic water service adequate to meet it…

43-1904. Liens for tolls and charges — Recording — Duration — Enforcement. (a) A district may establish liens for delinquent tolls and charges hereunder and penalties incidental thereto in the following manner: On or after the date of delinquency with respect to tolls or charges …

43-1905. Assessments and charges against benefited lands. In addition to all other powers and authorities of any irrigation district now or hereafter organized under the laws of the state of Idaho, such irrigation district may, in connection with any contract with the United Stat…

43-1906. Short title. Sections 43-1907 through 43-1920, Idaho Code, may be cited as the "Irrigation District Domestic Water System Revenue Bond Act."

43-1907. Grant of authority. Any irrigation district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage the works in the most efficient manner consistent with sound economy and public advantage, to the end that …

43-1908. Definitions. For the purpose of sections 43-1907 through 43-1920, Idaho Code: (a) "District" means irrigation districts. (b) "Qualified elector" means any person, eighteen (18) years of age or older, possessing the qualifications required of electors under the general la…

43-1909. Powers. In addition to the powers which it may now have, any district shall have power under and subject to the following provisions: (a) To acquire by gift or purchase and to construct, reconstruct, improve, better or extend any works within or without the district, or …

43-1910. Supervision of works. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of sections 43-1906 through 43-1920, Idaho Code, and the collection of revenues therefrom for the service rendered thereby sh…

43-1911. Works to be self-supporting. The directors of the district issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by the works, and shall revise such rates, fees, toll…