Title 85, Title 85

In carrying out such plan and proposition, a corporation may be organized under the general laws for the purpose of acquiring the assets of said district, including the irrigation system, if any, dams, reservoirs, canals, franchises, water rights, and other property, which corpor…

The district court must make an order for the hearing of the petition for the dissolution of the district within 30 days from its filing, and the clerk of the court must give due notice of the hearing of said petition by posting three notices in three public places in said distri…

(1) At the hearing by said court it shall determine the regularity, legality, and correctness of all proceedings and in so doing shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. The rules of pleading and practice in…

(1) The court, in its decree, shall have the power to make the orders necessary to carry out said proposition for the discharge of the indebtedness and distribution of the property of said district and may decree a sale of its assets in such manner as may effectuate said proposit…

Whenever all the property of such irrigation district shall have been disposed of and all the obligations thereof, if any there be, shall have been discharged, the court shall enter a final decree declaring said district to be dissolved.

(1) Sixty per centum in number of the holders of title or evidence of title to lands sought to be included in an irrigation district and which are susceptible of irrigation, such holders of title or evidence of title also representing 60% of the acreage of said lands, may propose…

(1) The following documents are sufficient evidence of title for the purpose of this chapter: (a) the certificate of the county clerk and recorder; (b) the certificate of the department of natural resources and conservation; or (c) records of ownership prepared by licensed title …

(1) Before any such district shall be established, there shall be presented to the district court, at the hearing on the petition for such establishment, a written report or opinion from the department of natural resources and conservation on the engineering features involved and…

(1) For the purpose of establishing and organizing an irrigation district hereunder, a petition signed by the required number of holders of title or evidence of title to lands within the proposed district mentioned in 85-7-101 shall be filed with the clerk of the district court o…

(1) On such petition being filed, the district court or judge thereof shall make an order fixing the time and place of hearing on the petition and directing that notice thereof be given. Thereupon the clerk of said court shall cause to be published at least once a week for 2 succ…

(1) At the time specified in the notice mentioned in 85-7-105, the district court in which the petition is filed shall hear the petition but may adjourn such hearing from time to time, not exceeding 3 weeks in all, and may continue the hearing for want of sufficient notice or oth…

(1) (a) The court may make such changes in the proposed district as may be considered advisable or as fact, right, and justice may require. Land which is susceptible of irrigation from the same general source and by the same general system of works applicable to the other lands o…

The finding and order are conclusive upon all the owners of lands within the district that they have assented to and accepted the applicable provisions of this chapter and are final unless appealed from to the supreme court within 60 days from the day of entry of the order. A cop…

Every irrigation district so established is a public corporation for the promotion of the public welfare, and the lands included therein shall constitute all the taxable and assessable property of such district for the purposes of this chapter.

Any irrigation district organized under the provisions of Chapter 70, Laws of 1907, and Chapter 16, Laws of 1909, shall be governed by the applicable provisions of this chapter. Whenever any irrigation district shall have already been organized under the provisions of said sessio…

This part may be cited as the "Irrigation District Revenue Bond Act".

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Irrigation district" means a district created pursuant to Title 85, chapter 7, part 1. (2) "Issuer" means the board of commissioners of an irrigation district or a board of control …

(1) The powers conferred in this part are in addition to the powers conferred by any other general, special, or local law. (2) An undertaking may be acquired, constructed, or improved, and bonds may be issued under this part for such purposes, notwithstanding the provisions of Ti…

(1) An irrigation district may: (a) construct, acquire by gift, purchase, or lease, or improve any undertaking, within or outside the irrigation district, and acquire by gift, purchase, or lease land or rights in land or water rights in connection with the undertaking; (b) operat…

Irrigation districts, through their respective boards of commissioners, may enter into contracts to jointly plan, acquire, construct, operate, maintain, and finance any undertaking in accordance with Title 85, chapter 7, part 16. The contract must specify, if an undertaking is fi…

An irrigation district may: (1) issue its bonds to finance in whole or in part the acquisition, construction, or improvement of any undertaking; and (2) pledge to the punctual payment of bonds issued under this part and interest thereon an amount of the revenue of the undertaking…

An issuer, in determining costs for purposes of 85-7-1413, may include: (1) all costs and estimated costs of the issuance of the bonds; (2) all engineering, inspection, fiscal, and legal expenses; and (3) interest that it estimates will accrue during the construction period and f…

(1) No holder of any bonds issued under this part may compel the levy of any tax or assessment on property within the irrigation district to pay the bonds or interest thereon. (2) Each bond issued under this part must recite in substance that: (a) the bond, including interest the…

(1) An issuer issuing bonds pursuant to this part shall collect reasonable fees for the services, facilities, and commodities of the undertaking and shall revise the fees from time to time so that the undertaking remains self-supporting. (2) The fees prescribed must produce reven…

(1) An issuer of bonds pursuant to this part for the acquisition, construction, or improvement of any undertaking may apply the revenue of the undertaking for the following purposes: (a) to pay when due all bonds and interest thereon for which the revenue is pledged, including re…

(1) The acquisition, construction, or improvement of any undertaking may be authorized under this part. (2) Bonds may be authorized to be issued under this part by resolution of the governing body of the issuer without an election.

A resolution authorizing the issuance of bonds under this part may contain covenants relating to: (1) the purposes for which the proceeds of sale of the bonds may be applied and the use and disposition of the proceeds; (2) the use and disposition of the revenue of the undertaking…

The provisions of the resolution authorizing the bonds are enforceable by any bondholder in any court of competent jurisdiction by mandamus or other appropriate proceeding.

(1) Bonds bearing the signatures of officers in office on the date of the signing of the bonds are valid obligations, notwithstanding that before the delivery of the bonds and payment for the bonds, any of the persons whose signatures appear on the bonds have ceased to be officer…

The resolution authorizing the bonds must specify and define the revenues or portion of the undertaking's revenues that is appropriated and pledged for the security and payment of the bond principal and interest and the relative security of liens on the revenues in favor of bonds…

The issuer may, pursuant to a mortgage, trust indenture, or security agreement, grant a security interest in the real and personal property constituting the undertaking itself.

Bonds authorized to be issued under this part shall bear interest at a rate not exceeding the limitation of 17-5-102, payable semiannually, and may be in one or more series; bear such date or dates; mature at such time or times, not exceeding 40 years from their respective dates …

(1) Bonds authorized to be issued may be sold at a price not less than 97% of face value if the issuer determines that the sale is in the best interests of the irrigation district. (2) The bonds may be sold at public or private sale as determined by the irrigation district pursua…

(1) Except as provided in subsection (2), the notice of sale of bonds required by 85-7-1436 for bonds sold publicly must be published once at least 5 days prior to such sale: (a) in a newspaper of general circulation in the county in which the office of the issuer is located; and…

Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions determined by the governing body, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are …

(1) To qualify as a commissioner, an individual: (a) must own irrigable land within the division of the district that the individual would represent or hold an equity ownership in an entity that owns irrigable land within the division of the district that the individual would rep…

(1) The commissioners shall meet within 10 days after their appointment and shall organize as a board by the election of one of their number as president. They shall also elect a secretary (who may or may not be a commissioner). Except as provided in part 16 of this chapter, the …

(1) All meetings of the board of commissioners shall be public and a complete record of all proceedings shall be kept by the secretary. (2) Regular meetings of the board shall be held at such times as the board may by rule or bylaw prescribe. Special meetings may be called on 24 …

(1) When the obligations of the district, either existing or proposed, total $250,000 or more, the commissioners of an irrigation district shall each furnish a bond in the penal sum of $2,500, with corporate surety conditioned for the faithful performance of their duties under th…

(1) The commissioners, when sitting as a board or when engaged in the business of the district, are entitled to compensation at an amount determined by a majority vote of the board for each day that they are actually and necessarily engaged in the performance of irrigation distri…

For a willful violation of an express duty under this part on the part of any officer named in this part, the officer is liable upon the officer's official bond and is subject to removal from office by proceedings brought by a tax or assessment payer of the district in the distri…

A commissioner or any other officer named in this chapter may not in any manner be interested, directly or indirectly, in a contract awarded or to be awarded by the board or in the profits derived from a contract. For any violation of this provision, the officer is guilty of a mi…

The member of the board acting as secretary or any person appointed by the board as secretary for the district must receive compensation for services as allowed by the board. It is the duty of the secretary to keep the books and records of accounts, contracts, securities, and oth…

Whenever the board of commissioners of one or more irrigation districts, established and organized by virtue of the provisions of 85-7-101 through 85-7-103 shall, in their discretion, deem it advisable for the best interests of their district to operate, manage, supervise, and ma…

At any time after March 7, 1959, in the event that it is deemed advisable or desirable for any irrigation districts to operate under the direction of a board of control as herein provided, the boards of commissioners of the districts, after petition requesting the same be receive…

Any district having entered into a written contract, as provided by this part, may withdraw from such contract upon submitting to the board of control, in writing, a 90-day notice of withdrawal, except that if revenue bonds have been issued by the board of control under part 14 o…