42-3119. TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said district in any manner which the commissioners shall decide is of the greatest advantage to the district. The powers herein granted to the commissioners shall not be denied them by reason of contrary provisions of any other statute, except that the district may not obtain title to any waters previously appropriated.
(2) If in the operation of the works of the flood control district or in the removal of natural obstructions from the beds of navigable lakes, rivers, and streams between the ordinary high water marks, the district acquires rock, sand or gravel aggregates, the district may dispose of such aggregate not needed for district purposes through commercial sales or by donation to public agencies. District purposes as used in this section shall include construction or reconstruction of dikes, levees, and related access facilities. If sold through commercial sales or used for nonflood control related improvements on private land, the fees required by chapter 7, title 47, Idaho Code, shall apply and shall be paid to the state board of land commissioners. If the aggregate is donated to any public agency for use by that public agency, no fees shall be imposed or collected.
(3) As used in this section, public agency means a state agency, county, municipality, or highway district.
History:
[42-3119, added 1971, ch. 300, sec. 19, p. 1219; am. 1986, ch. 142, sec. 1, p. 399.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 31 - FLOOD CONTROL DISTRICTS
Section 42-3101 - SHORT TITLE.
Section 42-3102 - POLICY OF STATE.
Section 42-3103 - DEFINITIONS.
Section 42-3104 - DISTRICTS — COMPOSITION — DESIGNATED BY NUMBER.
Section 42-3105 - PETITION TO ESTABLISH DISTRICT — CONTENTS.
Section 42-3106 - DIVISION OF DISTRICT — MAPS AND SURVEYS.
Section 42-3107 - PUBLICATION OF NOTICE — CONTENTS.
Section 42-3108 - HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING.
Section 42-3109 - BOARD MEMBERS — APPOINTMENT — BOND OF COMMISSIONERS — OATH — REMOVAL.
Section 42-3110 - ORGANIZATION OF BOARD — APPROVAL BY COURT.
Section 42-3111 - COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES.
Section 42-3112 - VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR.
Section 42-3113 - MEETINGS OF BOARD — REGULAR — SPECIAL.
Section 42-3114 - COMPENSATION OF COMMISSIONERS.
Section 42-3115 - COMMISSIONERS — POWERS AND DUTIES.
Section 42-3116 - DIRECTOR’S APPROVAL — WHEN REQUIRED.
Section 42-3117 - CONTRACTS SUBMITTED TO VOTERS — NOTICE — ELECTION.
Section 42-3118 - ELECTORS — QUALIFICATIONS.
Section 42-3119 - TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.
Section 42-3120 - ENLARGEMENT OF DISTRICT — PETITION.
Section 42-3121 - CONSOLIDATION OF DISTRICTS.
Section 42-3122 - PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING.
Section 42-3123 - DIRECTOR’S FINDINGS ON PETITION AND HEARING.
Section 42-3124 - DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED.
Section 42-3125 - DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION.
Section 42-3126 - DISSOLUTION OF DISTRICT.
Section 42-3127 - EXCLUSION OF A DIVISION.
Section 42-3128 - EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES.
Section 42-3129 - PETITION FOR ANNEXATION OF LAND.
Section 42-3130 - GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION.
Section 42-3131 - NOTICE OF PETITION.
Section 42-3132 - HEARING OF PETITION.