Title 70 — WATERCOURSES AND PORT DISTRICTS

70-401. River improvements on Boise River. River improvements, consisting of levees, jetties, dams, or other preventive measures confining the river in its proper channel, shall be constructed on the Boise River in Ada and Canyon Counties, Idaho. The character and extent of said …

70-402. Commission created — Members — Compensation. There is hereby created a commission which shall have general supervision and control of the construction of said improvements which shall receive the same when completed and certify the completion thereof to the governor of th…

70-403. Termination of commission upon completion of improvements. Upon the completion of the construction of the said improvements and issuance of the certificate of completion thereof to the governor of the state of Idaho, the commission provided for in section 70-402 shall cea…

70-404. Duties of commissioner of reclamation. The manner, character and extent of said improvement shall be determined by the commissioner of reclamation. The commissioner [director] of reclamation [the department of water resources] shall, under the direction of the commission,…

70-405. Letting work by contract to bidders — Bond. The commission may, in its discretion, let the work herein provided for, by contract to the lowest and best bidder who shall be required to give a good and sufficient bond for the construction and completion of the said work, or…

70-406. Cost of engineering work a charge against funds. The cost and charges for engineering work for the said improvements and the expenses of the commission, together with payment of their services as provided for in section 70-402, shall be included as a part of the cost of c…

70-501. Outlet control structure for Priest Lake authorized. The state reclamation engineer is hereby authorized to prepare plans and specifications for the construction of an outlet control structure to be located in Priest River which will regulate the level of Priest Lake, loc…

70-502. Construction commenced on approval of plans and specifications. Upon approval by the board of examiners of the plans and specifications authorized to be prepared by section 70-501, the state reclamation engineer is hereby authorized and directed to commence construction o…

70-503. Acceptance of contributions — Priest Lake outlet control structure construction fund created. The board of examiners is hereby authorized to accept contributions from any person, partnership, corporation or association for the purpose of defraying the cost of construction…

70-504. Appropriation to fund. There is hereby appropriated to the Priest Lake outlet control structure construction fund out of any moneys in the treasury not otherwise appropriated the sum of three thousand five hundred dollars ($3,500), or so much thereof as may be necessary.

70-505. Moneys in fund appropriated to purposes of act. Any moneys now, or which may hereafter be, in the Priest Lake outlet control structure construction fund are hereby appropriated to the state reclamation engineer for the purposes of this act.

70-506. Exemptions — Reversion of fund. The appropriation herein made is expressly exempt from the provisions of section 67-3509, and chapter 36, title 67, Idaho Code, and shall be immediately available; provided however that upon final completion of construction of said structur…

70-507. Idaho water resource board to have supervision and control — additional release structures prohibited. The Priest Lake outlet control structure shall, when constructed, be under the sole and exclusive supervision and control of the Idaho water resource board, which may en…

70-1101. Port districts authorized — Objects and purposes. Port districts are hereby authorized for the acquirement, construction, maintenance, operation, development and regulation of harbor improvements, land and water transfer and terminal facilities, industrial and economic d…

70-1102. Formation of district — General. At any election which may be called for that purpose, subject to the provisions of section 34-106, Idaho Code, the board of county commissioners of any county in this state which qualified under section 70-1101, Idaho Code, may, or in pet…

70-1103. Petition and election — District of less than entire county. Any petition for the formation of a port district may describe a district of less area than the county in which such petition is filed, and in such event the county commissioners shall fix a date for hearing on…

70-1104. Petition — Filing and certification. Such petition shall be filed with the clerk of the county within which the district is to be formed, who shall within fifteen (15) days examine the signatures thereon and certify to the sufficiency or insufficiency thereof, and for su…

70-1105. Petition — Transmission to county commissioners. Whenever such petition shall be certified to as sufficient, the county clerk shall forthwith transmit the same, together with his certificate of sufficiency attached thereto, to the board of county commissioners, who shall…

70-1106. Election — Notice. The board of county commissioners shall direct its clerk to give notice of such election by publishing notice thereof at least twice, the first of which shall be not less than twelve (12) days prior to the election and the last of which publication sha…

70-1107. Election — Form of ballot. In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms: "Port of …. Yes." "Port of …. No." (Giving the name of the principal river po…

70-1108. District formation. Within nine (9) days after such election the board of county commissioners shall canvass the returns; and, if at such election a majority of the voters voting on such proposition shall vote in favor of the formation of such district, the board of coun…

70-1109. Annexation of land to district — Petitions. The boundaries of any port district may be altered and new territory may be annexed thereto as provided in this act. Such enlarged port district may include land in one or more adjacent counties. Such territory to be annexed mu…

70-1110. Annexation — Certification of petition. If the county clerk or clerks shall find the said petition to be in proper form, and to be signed by the proper number of qualified voters of such areas within their county, they shall so certify to the commissioners of their respe…

70-1111. Annexation — Election. The commissioners of all counties involved, including the existing port district and the area to be annexed, shall submit the proposition to the voters of such area within their respective counties, at the next election held pursuant to section 34-…

70-1112. Annexation — Canvass and declaration of election results. At the time provided by law for the canvass of the vote of the election, the board of county commissioners of each county in which either the existing port district, or the area proposed to be annexed, shall lie, …

70-1113. Annexation — Entry of order — Liabilities for outstanding indebtedness. If a majority of votes cast in the port district and, in addition thereto, a majority of the votes cast in the area to be annexed, favor such annexation, the board of county commissioners in each cou…

70-1114. Disincorporation. (1) A port district may disincorporate after proceedings as required by this section. The port commission shall, upon receiving a petition for disincorporation signed by not less than twenty-five percent (25%) of the number of qualified electors casting…

70-1201. Commissioners — Commissioner districts. The powers of the port district shall be exercised through a port commission consisting of three (3) members, one (1) from each of the three (3) county commissioner districts of the county in which the port district is located, whe…

70-1202. Commissioners — Qualifications. No person shall be eligible to hold the office of port commissioner unless he is a qualified elector of the state of Idaho and a resident of the district from which he is seeking office.

70-1203. Commissioners — First election. At the same election at which the proposition is submitted to the voters as to whether a port district shall be formed, three (3) commissioners shall be elected to hold office, respectively for the terms of two (2), four (4) and six (6) ye…

70-1204. Commissioners — Commencement of term. The terms of all commissioners elected under any section of this chapter shall date from the first day in January following the general election at which they were elected, if elected at a general election, or if elected at other tha…

70-1205. Commissioners for annexed area — Original county. No additional commissioner shall be elected to represent any annexed area of the county in which the port district was formed, but the port district within such county shall, after each such annexation, be redistricted as…

70-1206. Commissioners for annexed area of adjacent county. At the same election at which a proposition for annexation of land to an existing district is submitted to vote, if the area to be annexed includes land in a county or counties other than the county in which the original…

70-1207. Subsequent commissioners — Term of office. Commissioners elected subsequent to the formation and/or annexation election shall hold office for a period of six (6) years and until their respective successors are elected and qualified.

70-1208. Commissioners — Elections after formation. A general election for election of a port commissioner or commissioners and for the submission to vote of any propositions or proposals shall be held biennially in conjunction with the general county elections in the county of o…

70-1209. Formation or annexation between general elections — Election of subsequent commissioners. If any formation or annexation election be held, subject to the provisions of section 34-106, Idaho Code, at any time other than at the time of a general election, then there shall …

70-1210. Election procedure — Supplies. Such general election shall be conducted by the county clerk according to the provisions of chapter 14, title 34, Idaho Code.

70-1211. Elections — Voter qualifications. All electors who are, at the time of any port district election, residents of such district and duly qualified to vote within their respective precincts under the general election laws for state and county officers, shall be deemed quali…

70-1212. Elections — Nominating petitions. Nominations for port commissioners at the formation election, at any annexation elections, and for all general elections shall be by petition of not less than five (5) qualified electors of the commissioner district of which the candidat…

70-1213. Primary elections. In the event valid nominating petitions for more than two (2) candidates remain on file for the office of port district commissioner in any commissioner district after the last day for withdrawal of candidacy, the county clerk shall conduct a port dist…

70-1214. General elections — Submission of propositions or proposals. In the event the port commissioners shall determine to submit any propositions or proposals to the voters at any such general election, the president and secretary of such port district, shall, within sixty (60…

70-1215. Additional elections. Additional elections within any port district may be held at such times and for the submission of such propositions or proposals as the port commission may by resolution prescribe, subject to the limitations provided in section 34-106, Idaho Code. S…

70-1217. Additional elections — Polling places. For such additional elections, there shall be not less than one (1) polling place within each port commissioner district. It shall be the duty of the county commissioners at least twenty (20) days before all special elections, to de…

70-1218. Additional elections — Registration books. As provided in section 34-1402, Idaho Code, the county clerk of any county in which a port district is located shall maintain the register of electors and make such register available to the election officials of the port distri…

70-1219. Elections — Canvass of vote. The returns of all port district elections shall be canvassed by the county commissioners, who shall meet and proceed to canvass the same in accordance with the provisions of chapter 12, title 34, Idaho Code, and shall thereupon declare the r…

70-1220. elections — expenses. All expenses of elections for the formation of a port district and annexations thereto, and any other port district elections, shall be paid by the county or counties holding such election, and such expenditure is hereby declared to be for a county …

70-1301. Revision of commissioner districts authorized. The commission by resolution may, and upon petition signed by not less than two hundred fifty (250) electors residing in the area to be redistricted, shall, re-establish the boundaries of the commissioner districts in that p…

70-1302. Meeting for revision public — Notice. The revision of boundary lines provided for in this act shall be made only at a meeting of the port commission with attendance of all of the members of the commission, which meeting shall be public. The port commission shall give not…

70-1303. Change not to affect existing terms of office. Any change of boundary lines provided for in this act shall not affect the terms of commissioners already in office at the time the change is made.

70-1401. Commission — Organization. Each port commission shall organize by the election from its own members of a president, vice-president, secretary and treasurer. The office of secretary and treasurer may be combined in one (1) commissioner. The commissioners elected at the fo…