Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-2939. General powers of district. All drainage districts organized under the provisions of this chapter shall have the right of eminent domain, with power by and through their boards of commissioners to cause to be condemned and appropriated private property for the use of sai…

42-2940. Construction of works — Contracts. After the organization of any drainage district, the commissioners of such drainage district shall proceed as soon as they may deem expedient in the construction of said improvements; and in carrying on said construction or any extensio…

42-2941. Contractors’ bonds. In case the whole or any portion of said improvements is let to any contractor, said commissioners shall require the said contractor to give bond equal to fifty per cent (50%) of the amount of the contract price of the whole, or of the portion of said…

42-2942. Commencement and progress of work. The work on said improvement shall begin at a point or at points to be determined by said commissioners, and said work shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any co…

42-2943. Change of plans — Procedure in district court. In case any substantial changes in said system of improvement, or the manner and construction thereof, shall be deemed necessary by said board of commissioners at any time during the progress thereof, and the written consent…

42-2944. Payments to contractors. During the construction of said improvement, said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: provided, that no allowance or payment shall be …

42-2945. Connections by private drains — Costs. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any person or corporation shall desire to drai…

42-2946. Connection of district with lower district — Costs. In case of the establishment of a drainage district and system of drainage under the provisions of this chapter above any other district that may theretofore have been established, and above any other system of drainage…

42-2947. Use of natural watercourses and previously constructed works. The whole or any portion of any natural watercourse which drains any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constr…

42-2948. Construction of dikes along public roads. In the construction of any diking system under the provisions of this chapter, where it is desired to construct the same along the right of way of any public road which has theretofore been legally established, said district shal…

42-2949. Payments of claims — Option for deposit and disbursement of funds — Issuance of checks or warrants — Investment of funds . (1) The board of commissioners may issue warrants of such district, in payment of claims of indebtedness against such district; such warrants shall …

42-2950. Warrants — Payment — Interest. (1) All warrants issued under the provisions of this chapter shall be presented by the holder thereof to the county treasurer, who shall indorse thereon the day of presentation for payment, with the additional indorsement thereof in case of…

42-2951. Legalization of warrants issued under former act. Whenever any territory of the state of Idaho heretofore organized as a drainage district under the provisions of sections 2444 to 2483 inclusive, of the Revised Codes, shall be hereafter organized as a drainage district u…

42-2952. Bonds authorized. Upon the establishment of any drainage district under the provisions of this chapter, and the establishment of a system of drainage therein as provided for in this chapter, the board of commissioners of such drainage district are hereby authorized to is…

42-2953. Funding bonds. Such commissioners may, at any time thereafter, issue such bonds in the manner and form herein prescribed for the purpose of funding any outstanding warrants or obligations of such district. In case of such last-named issue all the outstanding warrants sha…

42-2954. Form of bonds — Interest — Maturities. Said bonds shall be numbered from one (1) upward, consecutively, and be in denominations of not less than $100 nor more than $1000. They shall bear the date of issue, shall be made payable to the bearer and bear interest, payable se…

42-2955. Exchange of bonds for warrants. Said bonds may be exchanged at not less than their par value for an equal amount of the warrants of the district issuing such bonds.

42-2956. Levy for sinking fund. At least one (1) year before the first principal maturity of said bonds (as fixed by the board of commissioners pursuant to section 42-2954) and thereafter annually, the drainage commissioners of such district issuing them are hereby authorized and…

42-2957. Calling of bonds. It shall be the duty of the treasurer of any county in which there may be a district issuing bonds under the provisions of this chapter whenever he has upon hand $5000 of the special fund for the payment of said bonds, and when said bonds shall have run…

42-2958. Levy for interest. It shall be the duty of such drainage commissioners annually to levy an assessment sufficient for the payment of the coupons hereinbefore mentioned as they fall due.

42-2959. Registration of bonds. Before the bonds are delivered to the purchaser they shall be presented to the county treasurer, who shall register them in a book kept for that purpose, and known as the bond register, in which register he shall enter the number of each bond, the …

42-2960. Maintenance of system — District not to be operated for profit. Any drainage district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the resident…

42-2961. Apportionment of cost of maintenance. The board of commissioners of any drainage district organized under the provisions of this chapter shall, on or before the third Monday of September of each year, make an estimate of the cost of maintenance of the drainage system con…

42-2962. Levy of and limitation on assessments. The commissioners may also levy assessments for any expense necessarily incurred by them for construction, maintenance, repair, or any extraordinary reasons, and also may add to said assessment sufficient to pay any deficiency occur…

42-2963. Validation of warrants heretofore issued. Warrants or any other evidence of drainage district indebtedness heretofore issued by the board of drainage commissioners of any drainage district for such necessary construction, maintenance, repair or any extraordinary reasons,…

42-2964. Interpretation of law. The provisions of this chapter shall be liberally construed to promote the public health and welfare by reclaiming wet or overflowed lands, building embankments or levees and the preservation of any system of drainage heretofore constructed or to b…

42-2965. Payment of assessments. The assessments levied by the commissioners of the drainage districts must be paid in lawful money of the United States; provided that warrants of the district may be accepted as cash for the payment of assessments levied for warrant redemption, a…

42-2966. Interested persons — Right of examination. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized or existing, or hereafter organized under the laws of the state of Idaho, and which land …

42-2967. Interested persons — Right to demand statement showing amount of lien and total payments — Form. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized and existing or hereafter organized…

42-2968. Right of action by interested persons for accounting. If such person or corporation making said demand shall be dissatisfied as to the total amount paid or the credit given on the original lien as shown by said statements furnished under the provisions of section 42-2967…

42-2969. Access to records by interested persons for preparation of action for trial. Upon the filing of said complaint said plaintiff, his agents, attorneys and auditors, shall have free access to the books, records and accounts of the drainage commissioners and shall have the r…

42-2970. Method of procedure in actions by interested persons. The procedure provided by law for the trial and determination of other civil actions, and appeal to the Supreme Court of the state of Idaho, shall govern the procedure in any action brought under the provisions of thi…

42-2971. Payment of annual or delinquent assessments or unpaid liens with bonds, matured interest coupons, warrants or cash. Any person or corporation having an interest in or title to, or recorded mortgage or other lien upon any tract, lot or parcel of land, or any part thereof,…

42-2972. Release of lands from further liability upon full payment. Upon payment in full being made to the county treasurer of the lien against any such tract, lot or parcel of land, either in lawful money of the United States and/or drainage district bonds, matured interest coup…

42-2973. Form of release and discharge. The release and discharge provided for in section 42-2972, Idaho Code, shall be in substantially the following form: Release and discharge from liability from payment of the bonded and warrant indebtedness of drainage district number …. in …

42-2974. Filing and recording of release and discharge — Effect. Such release and discharge, when filed for record and recorded in the office of the county recorder of the county in which such tract, lot or parcel of land is situate, shall operate as a release and discharge of th…

42-2975. Cancellation of bonds and warrants upon delivery. All bonds, together with all unmatured coupons attached, matured interest coupons and warrants delivered to the county treasurer under the provisions of this act shall be cancelled in the same manner as if called for paym…

42-2976. Payment of bonds after default. All bonds hereafter issued by any drainage distrct in the state of Idaho, whether original issue, funding or refunding, shall be governed by the provisions of this act in regard to the payment thereof after default as hereafter provided.

42-2977. Pro rata payment of interest and bonds. If at any time twenty per cent (20%) or more of the entire issued, uncalled and outstanding bonds of such district shall be past due and unpaid, after the application of all funds available for the payment thereof, then the numeric…

42-2978. Redemption of lands from lien for unpaid assessments. The owner of any land within any drainage district charged with the lien of any assessment under the provisions of this chapter, may redeem the same from all liability by paying the unpaid portion of the assessment li…

42-2979. Sale of personal property — Procedure. Personal property of a drainage district may be sold by its board of commissioners whenever the board finds and by resolution declares that the district no longer has use therefor. 1. If, in the opinion of the board, such property d…

42-2979A. trade-in or exchange of district property. (1) Whenever the board of commissioners of a drainage district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longe…

42-2980. Dissolution of drainage district. A drainage district may be dissolved by the district court for the county in which the office of such drainage district was last located on complaint or petition of parties holding and owning: (a) Fifty per cent (50%) or more of the issu…

42-2981. Certain public and private lands liable for costs and expense of drainage — Collection of drainage charges. Lands, whether public or private, which have been developed for commercial, industrial, recreational, residential, governmental or highway purposes, and from which…

42-2982. Consolidation of Districts. (1) If the boards of commissioners of any two (2) or more drainage districts formed under this chapter deem it in the best interest of their respective districts that they be consolidated into a single district, and if said districts are conti…

42-3001. Issuance authorized. The board of commissioners of any drainage district organized under the laws of the state of Idaho may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of the district, whet…

42-3002. Optional procedure. Whenever any drainage district has issued bonds and the same are outstanding and unpaid, and the same have been outstanding and unpaid for more than three (3) years, the district may, in the manner hereafter provided, issue and sell bonds for the purp…

42-3003. Resolution specifying terms and conditions. Whenever the board of commissioners shall deem it expedient to issue refunding bonds under the provisions of this chapter, they shall by resolution duly adopted and entered upon the minutes of the district specify, the amount a…

42-3004. Confirmation proceedings — Petition. The board of drainage commissioners shall file in the district court of the county in which the greater portion of their lands are situated, a petition, praying that the proceedings aforesaid may be examined, approved and confirmed, a…

42-3005. Confirmation proceedings — Time and notice of hearing — Practice. Upon the filing of said petition, the court or judge shall fix a time for the hearing thereof, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice…