43-331. DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS. (1) This section applies: (a) When a parcel of land lying within an irrigation district is subdivided and the owner has made no provisions which in the opinion of the board of directors is adequate for the proper distribution of water thereto; or (b) when improvements for the distribution or delivery of water to any tract of land are not owned by the district and the owner or person in control of the improvement fails to maintain, repair or replace the improvement as required for the proper and efficient distribution or delivery of water to any tract; or (c) when fifty percent (50%) or more of the owners of the tracts in any such subdivided parcel request that the board provide for the proper distribution of water thereto or request that the board maintain, repair or replace the improvement as required for the proper and efficient distribution or delivery of water to any tract.
(2) Whenever the interest or convenience of such tracts requires the construction, repair or maintenance of any ditch, flume, dike, aqueduct or other improvement, the board may construct, repair or maintain such improvement, and levy and collect an assessment upon all tracts specially benefited thereby, to defray the whole or any portion of the cost and expense thereof. The board may determine what lands are specially benefited by such construction, repair or maintenance, and the amount to which each tract is benefited.
History:
[43-331, as added by 1973, ch. 64, sec. 4, p. 105; am. 1978, ch. 251, sec. 1, p. 550; am. 1998, ch. 195, sec. 2, p. 706.]
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.