42-2945. CONNECTIONS BY PRIVATE DRAINS — COSTS. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any person or corporation shall desire to drain such lands into said system, and shall find it necessary, in order to do so, to procure the right of way over the land of another, or others, and if consent thereto cannot be procured from such person or persons, then such landowner may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of being able to connect his private drainage with said system, and pray therein that said system be extended to such point as he may designate in said writing, and immediately thereon said board of commissioners shall cause a petition to be filed in the district court for and in the name of said drainage district, requesting, in said petition, that said system be extended as requested, setting forth therein the necessity thereof and praying that leave be granted by the board to extend the system in accordance with the prayer of said petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof shall be, in all matters, the same as in the hearing and presentation of the original petition, for the establishment of the original system of drainage in said district, as far as applicable.
The costs in such proceedings shall be paid from the assessment of benefits to be made on the lands of the person or persons benefited by such extension, and the assessment and compensation for the right of way, damages and benefits and payment of damages and compensation, and the collection of the assessments for benefits shall be the same as in the proceedings under the original petition, and the construction of the said extension shall be made under the same provisions as the construction of the original improvement; and all things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance with the provisions already set forth herein for the establishment and construction of said original improvement: provided, that such petitioner or petitioners shall, at the time of filing such petition by said drainage commissioners, enter into a good and sufficient bond to said drainage district, in the full penal sum of $500, with two (2) or more sureties to be approved by the court, conditioned for the payment of all costs in case the prayer of said petitioner shall not be granted, which bond shall be filed in said court.
History:
[(42-2945) 1913, ch. 16, sec. 21, p. 58; reen. C.L. 168:42; C.S., sec. 4536; I.C.A., sec. 41-2545.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 29 - DRAINAGE DISTRICTS
Section 42-2901 - CORPORATE POWERS OF DRAINAGE DISTRICTS.
Section 42-2902 - APPROPRIATION OF WATER AVAILABLE FOR IRRIGATION PURPOSES.
Section 42-2903 - APPROPRIATION OF IRRIGATION WATERS — ASSESSMENTS FOR EXPENSES.
Section 42-2904 - MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT.
Section 42-2905 - PETITION FOR ORGANIZATION.
Section 42-2906 - PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.
Section 42-2907 - ACTION ON PETITION — NOTICE OF HEARING.
Section 42-2908 - HEARING — OBJECTIONS — FINDINGS.
Section 42-2911 - OFFICERS — MEETINGS.
Section 42-2913 - COMPENSATION.
Section 42-2915 - ASSESSMENT OF BENEFITS AGAINST HIGH LANDS.
Section 42-2916 - DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY.
Section 42-2917 - CHANGES IN ORIGINAL PLANS.
Section 42-2918 - ALTERATION OF BOUNDARIES.
Section 42-2919 - REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.
Section 42-2921 - HEARING ON CONFIRMATION.
Section 42-2922 - FINDINGS AND DECREE.
Section 42-2923 - SUPPLEMENTAL REPORT.
Section 42-2925 - PROCEDURE ON DISMISSAL OF PROCEEDINGS.
Section 42-2926 - PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS.
Section 42-2927 - LANDS OF STATE AND ITS SUBDIVISIONS.
Section 42-2928 - LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT.
Section 42-2929 - SUBSEQUENT ASSESSMENT OF PUBLIC LANDS.
Section 42-2930 - ADDITIONAL LEVY — NOTICE.
Section 42-2931 - ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS.
Section 42-2932 - FEES FOR SERVICE OF PROCESS.
Section 42-2933 - DISTRICT COURT MAY ENFORCE CHAPTER.
Section 42-2934 - ASSESSMENTS — WHEN INCONTESTABLE.
Section 42-2935 - ASSESSMENT ROLL.
Section 42-2936 - ASSESSMENTS ENTERED AS TAX LIENS — INSTALLMENTS.
Section 42-2937 - ASSESSMENT TO PAY JUDGMENT OF DISMISSAL.
Section 42-2939 - GENERAL POWERS OF DISTRICT.
Section 42-2940 - CONSTRUCTION OF WORKS — CONTRACTS.
Section 42-2941 - CONTRACTORS’ BONDS.
Section 42-2942 - COMMENCEMENT AND PROGRESS OF WORK.
Section 42-2943 - CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT.
Section 42-2944 - PAYMENTS TO CONTRACTORS.
Section 42-2945 - CONNECTIONS BY PRIVATE DRAINS — COSTS.
Section 42-2946 - CONNECTION OF DISTRICT WITH LOWER DISTRICT — COSTS.
Section 42-2947 - USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS.
Section 42-2948 - CONSTRUCTION OF DIKES ALONG PUBLIC ROADS.
Section 42-2950 - WARRANTS — PAYMENT — INTEREST.
Section 42-2951 - LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT.
Section 42-2952 - BONDS AUTHORIZED.
Section 42-2953 - FUNDING BONDS.
Section 42-2954 - FORM OF BONDS — INTEREST — MATURITIES.
Section 42-2955 - EXCHANGE OF BONDS FOR WARRANTS.
Section 42-2956 - LEVY FOR SINKING FUND.
Section 42-2957 - CALLING OF BONDS.
Section 42-2958 - LEVY FOR INTEREST.
Section 42-2959 - REGISTRATION OF BONDS.
Section 42-2960 - MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
Section 42-2961 - APPORTIONMENT OF COST OF MAINTENANCE.
Section 42-2962 - LEVY OF AND LIMITATION ON ASSESSMENTS.
Section 42-2963 - VALIDATION OF WARRANTS HERETOFORE ISSUED.
Section 42-2964 - INTERPRETATION OF LAW.
Section 42-2965 - PAYMENT OF ASSESSMENTS.
Section 42-2966 - INTERESTED PERSONS — RIGHT OF EXAMINATION.
Section 42-2968 - RIGHT OF ACTION BY INTERESTED PERSONS FOR ACCOUNTING.
Section 42-2969 - ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL.
Section 42-2970 - METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS.
Section 42-2972 - RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT.
Section 42-2973 - FORM OF RELEASE AND DISCHARGE.
Section 42-2974 - FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT.
Section 42-2975 - CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY.
Section 42-2976 - PAYMENT OF BONDS AFTER DEFAULT.
Section 42-2977 - PRO RATA PAYMENT OF INTEREST AND BONDS.
Section 42-2978 - REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS.
Section 42-2979 - SALE OF PERSONAL PROPERTY — PROCEDURE.
Section 42-2979A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.