Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

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…

42-3006. Confirmation proceedings — Hearing — Decree. Upon the hearing of such petition, the court shall examine all of the proceedings set up in the petition, and all objections thereto, and may ratify, approve and confirm or dismiss the same. The court shall disregard every err…

42-3007. Exchange of bonds — Application of proceeds of sale — Effect of decree. All or any part of such refunding bonds may be exchanged, dollar for dollar, for the bonds to be refunded, or they may be sold, at not less than their par value, as directed by the board of commissio…

42-3008. Application of drainage district law. The laws of the state of Idaho as they now exist, or as they may hereafter be amended or enacted in relation to drainage districts providing the form of bond to be issued, the issuance, registration and sale thereof, the levies to pa…

42-3009. Assessment roll under former bond issue — Continuance in effect. The assessment roll or rolls of any drainage district which has been authorized and filed as provided by law, and upon which any original bond issue was made, shall continue in full force and effect, and th…

42-3101. Short title. This act may be known and cited as the "Flood Control District Act."

42-3102. Policy of state. It is hereby recognized by the legislature that flooding can cause significant damage to life and property in this state. It is therefore declared to be the policy of the state to provide for flood risk reduction, flood response, and flood recovery in a …

42-3103. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) "Board" or "board of commissioners" means the board of commissioners of the flood control distri…

42-3104. Districts — Composition — Designated by number. Flood control districts, composed of any portion of a county, or any county or counties requiring flood control, may be established pursuant to this act and when so established shall be governmental subdivisions of this sta…

42-3105. Petition to establish district — Contents. A petition, signed by one-third (1/3) or more of the qualified voters residing within the territory of the proposed district may be filed with the director of the department of water resources asking that a district be organized…

42-3106. Division of district — Maps and surveys. (1) The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such …

42-3107. Publication of notice — Contents. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the g…

42-3108. Hearing on petition — Findings and order of director — Recording. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections t…

42-3109. initial board of commissioners — appointment — qualification — bond — oath — organization. (1) The order of the director organizing said district shall name the initial members of the district board of commissioners without regard to political affiliation. Each division …

42-3110. Organization of board — Approval by court. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition pr…

42-3111. board of commissioners — annual appointment — qualification — oath — bond — officers’ election — duties — term of office — removal. (1) Annually after the director’s order organizing the district and appointing the initial members of the district board of commissioners, …

42-3112. Vacancies on board — Appointment by board. If there is a vacancy of any commissioner position through death, resignation, failure to meet the qualification requirements of section 42-3111, Idaho Code, or removal by the director, such vacancy shall be filled by appointmen…

42-3113. Meetings of board — Regular — Special. (1) The board shall designate the official location of its office, that may be within or outside of the district’s boundaries. (2) Regular meetings of the board shall be held at a time and place to be fixed by the board. The board s…

42-3114. Compensation of commissioners. The commissioners of the district shall fix by resolution the compensation they shall each receive for their services for each day they shall actually be engaged in the business of their office, and shall fix by resolution the reimbursement…

42-3115. Commissioners — Powers and duties. The board of commissioners of flood control districts shall have the following powers and duties: (1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of construction, costs o…