42-2009. CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed ditch, canal or other irrigation works, the amount of water per acre which said works will make available at the water user’s headgate, the price and terms per acre at which such works and perpetual water rights shall be sold to settlers and the price and terms upon which the state is to dispose of the lands to settlers. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum equal to five per cent (5%) of the estimated cost of the works, and shall be conditioned for the faithful performance of the provisions of the contract with the state.
Should it appear at any time, in the judgment of the department of water resources, that the water supply of the party or parties with which such contract had been made, is inadequate to properly and sufficiently irrigate the lands so proposed in said contract to be irrigated, or that water rights have been sold to the full carrying capacity of the proposed ditch, canal or other irrigation works, or that water rights have been sold by said party or parties to the full amount or in excess of the actual appropriation of water made by said party or parties or to the full amount or in excess of the supply of water made actually available by said parties, then in that event the department of water resources shall have the right to enter an order forbidding said parties from making any further or additional sales of water rights or of shares of stock in any company representing or evidencing water rights, and after the entry of such order all further or additional sales of such water or water rights, shares of stock and contracts to sell the same made by said party or parties shall be null and void, and said department of water resources shall have the power to refuse to issue entryman’s certificates thereon. This section shall apply to contracts heretofore made as well as contracts hereafter to be made by the department.
History:
[(42-2009) 1895, p. 215, ch. 2, sec. 12; reen. 1899, p. 282, ch. 2, sec. 12; reen. R.C., sec. 1621; am. 1917, ch. 104, sec. 1, p. 379; reen. C.L., sec. 1621; am. 1919, ch. 70, secs. 1, 2, p. 247; C.S., sec. 3004; I.C.A., sec. 41-1709.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 20 - RECLAMATION OF CAREY ACT LANDS
Section 42-2001 - ACCEPTANCE OF THE CAREY ACT.
Section 42-2002 - DUTIES OF DEPARTMENT.
Section 42-2003 - PROPOSALS TO CONSTRUCT IRRIGATION WORKS.
Section 42-2004 - CERTIFIED CHECK TO ACCOMPANY PROPOSAL.
Section 42-2005 - APPLICATION FOR APPROPRIATION PERMIT TO BE FILED.
Section 42-2006 - SUBMISSION OF PROPOSAL TO DEPARTMENT.
Section 42-2007 - ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION.
Section 42-2008 - ADVERSE REPORT BY DEPARTMENT.
Section 42-2009 - CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS.
Section 42-2010 - CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS.
Section 42-2011 - FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT.
Section 42-2012 - STATE NOT TO BE RESPONSIBLE FOR WORK.
Section 42-2013A - PREFERENCE.
Section 42-2015 - STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND.
Section 42-2016 - DUTY OF DEPARTMENT.
Section 42-2017 - PENALTY FOR VIOLATING PRECEDING SECTIONS.
Section 42-2018 - CAREY ACT TRUST FUND — CONTINUING APPROPRIATION.
Section 42-2019 - PROOF OF RECLAMATION AND SETTLEMENT — PATENT.
Section 42-2020 - SETTLEMENT AFTER NOTICE OF AVAILABILITY OF WATER.
Section 42-2021 - FINAL PROOF AFTER DEATH OF ENTRYMAN.
Section 42-2022 - ISSUANCE OF PATENT.
Section 42-2024 - MANNER OF REPAYMENT.
Section 42-2025 - APPURTENANCY OF WATER RIGHTS.
Section 42-2026 - LIEN FOR PURCHASE PRICE OF WATER RIGHT.
Section 42-2027 - RECORD OF WATER CONTRACT.
Section 42-2028 - FORECLOSURE OF LIEN.
Section 42-2029 - FORECLOSURE SALE.
Section 42-2030 - FORECLOSURE SALE — LIMITATION ON BID OF LIENHOLDER.
Section 42-2031 - RECORD OF CERTIFICATE OF SALE.
Section 42-2032 - DISPOSITION OF PROCEEDS OF SALE.
Section 42-2033 - REDEMPTION BY OWNER.
Section 42-2034 - REDEMPTION PURCHASE BY PROSPECTIVE SETTLER.
Section 42-2035 - SHERIFF’S DEED TO PURCHASER ON FORECLOSURE.
Section 42-2036 - RIGHTS OF WAY FOR CANALS.
Section 42-2037 - DEPARTMENT TO PRESCRIBE RULES — REPORTS OF CONTRACTORS — WAIVER OF RULES.
Section 42-2038 - FEES OF DEPARTMENT — DUTIES OF EMPLOYEES.
Section 42-2039 - RESTORATION OF LANDS AUTHORIZED.
Section 42-2040 - SUITS BY DEPARTMENT.
Section 42-2041 - INDIAN HILLS PROJECT — LEGISLATIVE FINDING.
Section 42-2042 - AUTHORIZATION — FINANCING.
Section 42-2043 - SOURCE OF LANDS.
Section 42-2044 - EXEMPTION FROM APPROPRIATION RESTRICTIONS.