43-304. GENERAL POWERS OF BOARD — BY-LAWS — RIGHT OF ENTRY — ACQUISITION OF PROPERTY. Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required and prescribe their duties, to establish equitable by-laws, rules and regulations for the distribution and use of water among the owners of such land, as may be necessary and just to secure the just and proper distribution of the same, which said by-laws, among other things, shall establish a fiscal year, and in case the by-laws do not provide for the establishment of a fiscal year, the fiscal year shall commence the first day of November and end the thirty-first day of October of each and every year. Said by-laws, rules and regulations must be printed in convenient form for distribution throughout the district.
The board and its agents and employees shall have the right to enter upon any land and to make surveys, and may locate the necessary irrigation works and the line of any canal or canals, and the necessary branches for the same on any lands which may be deemed best for such location.
Said board shall also have the right to acquire, either by purchase, condemnation or other legal means, all lands and water rights, and other property necessary for the construction, use and supply, maintenance, repair and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, lands and water rights for ground water recharge projects initiated pursuant to chapter 42, title 42, Idaho Code, and all necessary appurtenances. In case of purchase, the bonds of the district hereinafter provided for may be used to their par value in payment. Said board may also construct the necessary dams, reservoirs, ground water recharge facilities and works for the collection of water for said district, and do any and every lawful act necessary to be done that sufficient water may be furnished to each landowner in said district for irrigation purposes. The use of all water required for the irrigation of the lands of any district formed under the provisions of this title, together with the rights of way for canals and ditches, sites for reservoirs, ground water recharge projects and all other property required in fully carrying out the provisions of this title, is hereby declared to be a public use, subject to the regulation and control of the state, in the manner prescribed by law.
The board of directors of an irrigation district organized under the laws of the state of Idaho may enter into contracts for a water supply to be delivered to the canals and works of the district, and do any and every lawful act necessary to be done that sufficient water may be furnished to the lands in the district for irrigation purposes.
History:
[(43-304) 1903, p. 150, sec. 12a, as added by 1907, p. 484, sec. 1, subd. 12a; reen. R.C., sec. 2386; am. 1911, ch. 71, sec. 1, p. 194; am. 1911, ch. 154, sec. 5, p. 461; am. 1915, ch. 143, sec. 4, p. 308; reen. C.L., sec. 2386; am. 1919, ch. 15, sec. 1, p. 78; C.S., sec. 4346; I.C.A., sec. 42-304; am. 1985, ch. 120, sec. 2, p. 293.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS
Section 43-301 - ELECTION OF OFFICERS.
Section 43-302 - OFFICE OF BOARD.
Section 43-303 - MEETINGS OF BOARD.
Section 43-304 - GENERAL POWERS OF BOARD — BY-LAWS — RIGHT OF ENTRY — ACQUISITION OF PROPERTY.
Section 43-305 - DRAINAGE OF LANDS — PAYMENT OF COST — APPORTIONMENT OF COST WHEN PAYMENT DEFERRED.
Section 43-306 - LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT.
Section 43-307 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS.
Section 43-308 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS — PETITION AND RESOLUTION.
Section 43-309 - NOTICE OF HEARING OF PETITION.
Section 43-310 - HEARING — OBJECTIONS — FINDINGS.
Section 43-311 - DECREE GRANTING PETITION — VESTING OF POWERS AND AUTHORITY IN DISTRICT.
Section 43-313 - ELECTRIC POWER PLANTS — CONSTRUCTION AND OPERATION.
Section 43-314 - ELECTRICAL POWER PLANTS — SALE OF SURPLUS POWER — RATIFICATION OF CONTRACT.
Section 43-315 - ASSESSMENT FOR EXTERMINATION OF RODENTS.
Section 43-316 - LEGAL TITLE TO PROPERTY.
Section 43-317 - CONVEYANCE OF PROPERTY — ACTIONS.
Section 43-318A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.
Section 43-319 - COMPENSATION OF DIRECTORS AND OFFICERS.
Section 43-320 - OFFICERS MUST NOT BE INTERESTED IN CONTRACTS.
Section 43-321 - SPECIAL ASSESSMENTS — ELECTIONS — COLLECTION OF ASSESSMENTS — DELINQUENT LIST.
Section 43-322 - POWER TO INCUR DEBTS — WARRANTS.
Section 43-323 - PLACE OF USE.
Section 43-324 - STATEMENT OF FINANCIAL CONDITION.
Section 43-325 - COUNTY COMMISSIONERS TO HAVE ACCESS TO BOOKS.
Section 43-326 - POWER TO MAINTAIN PARKS.
Section 43-327 - DELINQUENT ASSESSMENTS — SHUTTING OFF OF WATER.
Section 43-330A - CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS.
Section 43-330B - CONTRACT PROVISIONS.
Section 43-330D - CONTRACT TO BE RECORDED.
Section 43-330E - DISTRICT TO OWN DISTRIBUTION SYSTEM.
Section 43-330F - OPERATION AND MAINTENANCE OF PRESSURIZED DISTRIBUTION SYSTEMS.
Section 43-331 - DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS.
Section 43-334 - PROCEDURE FOR LEVY AND COLLECTION OF SPECIAL ASSESSMENT — APPEAL.
Section 43-336 - NOTIFICATION OF LANDOWNERS REGARDING LEASE.
Section 43-337 - REQUIREMENTS OF ELECTION FOR LANDOWNERS.
Section 43-339 - NO LEVY AGAINST LANDS WHERE WATER RIGHTS ARE LEASED.
Section 43-340 - USE OF MONEYS RECEIVED FOR LEASED WATER RIGHTS.
Section 43-341 - EFFECT ON WATER RIGHTS BY LEASING.
Section 43-343 - AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE PROJECT.