42-2011. FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT. Upon the failure of any parties having contracts with the state for the reclamation of lands segregated under the Carey Act to commence the construction of such ditches, canals or other irrigation works within the time specified by the contract or to perform all of the requirements of said contract within the time specified in said contract with the state to the satisfaction of the director of the department of water resources, it shall be the duty of the director to give such parties written notice of such failure, and if, after a period of sixty (60) days from the sending of such notice, they shall have failed to proceed with the work or to conform to the provisions of their contract with the state, the bond and contract of such parties and all works constructed thereunder shall be at once and thereby forfeited to the state.
It shall be the duty of the director at once so to declare and give notice once each week for a period of four (4) weeks in some newspaper of general circulation in the county in which the work is situated and in one (1) newspaper at the state capital in like manner and for a like period of the forfeiture of said contract, and that upon a fixed day proposals will be received at the office of the department for the purchase of ditches, canals, other irrigation works, water rights and all other rights, privileges and benefits obtained under the provisions of the said contract and for the performance of the provisions of said contract with the state. The time for receiving said bids shall be at least sixty (60) days subsequent to the issuing of the last notice of forfeiture. Upon the request of any bidder the director shall specify in particular the needful things to be done in order to accomplish the substantial and satisfactory performance of said contract, and the director may require good and sufficient bond for such performance before confirming such sale. The money received by the department from the sale under the provisions of this section shall first be applied to the expenses incurred by the state in the forfeiture and disposal and to satisfying the bond, and the surplus, if any exists, shall be paid into the Carey Act trust fund created under section 42-2018, Idaho Code.
History:
[(42-2011) 1895, p. 215, ch. 2, sec. 14; reen. 1899, p. 282, ch. 2, sec. 14; modified 1905, p. 131, sec. 30; compiled and reen. R.C., sec. 1623; am. 1917, ch. 104, p. 380; compiled and reen. C.L., sec. 1623; C.S., sec. 3006; I.C.A., sec. 41-1711; am. 1974, ch. 164, sec. 2, p. 1397; am. 2001, ch. 183, sec. 18, p. 628.]
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.