US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 31
                           FLOOD CONTROL DISTRICTS
    42-3115.  COMMISSIONERS -- POWERS AND DUTIES. The board of commissioners
of flood control districts shall have the following powers and duties:
    1.  To annually fix and determine, the amount of money required to be
raised by taxation to supply funds for costs of construction, costs of
operation and maintenance of the work and equipment of the district, and to
levy and cause to be collected assessments on real property within the
district in an amount not to exceed six hundredths of one percent (.06%) of
the market value for assessment purposes on all taxable property within the
district, provided however that a higher levy may be approved and ratified by
the qualified voters at an election to be held, subject to the provisions of
section 34-106, Idaho Code, for that purpose in the same manner as provided
for the approval and ratification of contracts, in section 42-3117, Idaho
Code, and said levy shall be certified by the board to the board of county
commissioners of the county, or counties, in which said district is located,
with directions that at the time and in the manner required by law for levying
taxes for county purposes, such board, or boards, of county commissioners
shall levy such tax upon the market value for assessment purposes of the real
property within the boundaries of the district. Such certification of levies
shall be prepared and forwarded by the board of the flood control district to
the board, or boards, of county commissioners on or before September 1 of each
year.
    Such levies shall be levied and collected in the manner provided by law,
and the moneys collected shall be turned over to the treasurer or treasurers,
of the county, or counties, in which said district is located.
    Said moneys shall be public funds and subject to the provisions of the
public depository laws of the state.
    2.  To employ such personnel as may be necessary to carry out the purposes
and objects of this chapter, with the full power to bind said district for the
compensation of such personnel.
    3.  To sue and be sued in the name of the district; to have a seal, which
seal shall be judicially noticed; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and other
instruments necessary or convenient to the exercise of its power and to
promulgate, amend and repeal rules not consistent with the provisions of this
chapter.
    4.  To manage and conduct the business and affairs of the district, both
within and without the district.
    5.  To construct, operate and maintain structural works of improvement for
the prevention of floodwater and sediment damages, and the conservation,
development, utilization, and disposal of water, whether within or without the
boundaries of the district, and to enter into contract for the purposes set
forth above, provided however, that the board shall purchase goods and
services in accordance with the provisions of chapter 28, title 67, Idaho
Code. However, where it is determined by order of the board that there is an
existing emergency, or where it is determined that the district is in a flood
fight resulting from unanticipated conditions, the requirement for sealed
competitive bids shall not apply.
    6.  To prescribe the duties of officers, agents and employees as may be
required.
    7.  To establish the fiscal year of the district and to keep records of
all business transactions of the district.
    8.  To prepare a statement of the financial condition of the district at
the end of each fiscal year, in a form to be prescribed by the director or by
the legislative services office, and publish in at least one (1) issue of some
newspaper published, or in general circulation in, the county, or counties, in
which such district is located and to file a certified copy of such financial
report with the director and the legislative services office on or before
February 2 of each year.
    9.  To have an audit of the financial affairs of the district as required
in section 67-450B, Idaho Code. A certified copy of said audit shall be filed
with the director on or before February 2 following the audit.
    10. To obtain options upon and acquire by purchase, exchange, lease, gift,
grant, bequest, devise, or otherwise, any property, real or personal, and
improve any properties acquired; to receive income from such properties and to
expend such income in carrying out the purposes and provisions of this
chapter; to lease any of its property or interest therein in furtherance of
the purposes and provisions of this chapter, provided that no contract or
agreement for the acquisition, purchase or repair of personal property
involving expenditure in excess of one thousand dollars ($1,000), shall be
entered into without first advertising for sealed competitive bids as herein
provided.
    11. To have the power of eminent domain for the use of the district in the
construction, operation, maintenance and upkeep of its structures, waterways,
dikes, dams, basins, or any other use necessary in the carrying out of the
provisions of this chapter.
    12. To convey rights-of-way and easements for highways, public roads,
public utilities, and for other purposes, over district property, as shall be
determined by the board to be in the best interests of the district.
    13. To convey, by deed, bill of sale, or other appropriate instrument, all
of the estate and interest of the district, in any real or personal property.
Prior to such sale or conveyance, the board shall have the property appraised
by three (3) disinterested residents of the district, which appraisal shall be
entered in the minutes of the board. The property may be sold at public
auction or at a private sale by sealed competitive bids, as the board shall
determine, to the highest cash bidder, provided that in no case shall any
property of a district be sold for less than its appraised value. All sales by
sealed competitive bids shall be advertised as herein provided.
    14. To use natural streams and to improve the same for use as a flood
control structure. However, in the event that the use of the natural stream
involves alteration of the stream channel, no such alteration shall be made by
the district until such alteration is approved by the director.
    15. To enter into contracts or agreements with the United States or any of
its officers, agents, or subdivisions, or with the state or any of its
officers, agents or political subdivisions, and to cooperate with such
governments, persons or agencies in effectuating, promoting and accomplishing
the purposes of this chapter, provided that the district has  sufficient
moneys on hand, or in their budget for the year in which said contract is
entered into, to defray the expenditure of funds called for in such contract
without the creation of any indebtedness.
    Whenever any such contract shall, by its terms, require the expenditure of
funds by the district in excess of the moneys on hand or the funds to be
realized from their budget for the year in which said contract is entered
into, then such contract may not be entered into by the district until
ratified by two-thirds (2/3) of the qualified voters voting at an election to
be held, subject to the provisions of section 34-106, Idaho Code, for that
purpose, according to the provisions of this chapter.
    16. To bear its allocated share of the cost of any project resulting from
any contract or agreement entered into as provided herein.
    17. To take over, administer and maintain pursuant to any agreement or
contract entered into in accordance with the provisions of this chapter, any
flood control project within or without the boundaries of the district
undertaken in cooperation with the United States or any of its agencies, or
with the state of Idaho or any of its agencies, or any combinations thereof.
    18. To accept donations, gifts and contributions in money, services, or
materials, or otherwise, from the United States or any of its agencies, or the
state of Idaho or any of its agencies or any combinations thereof, and to
expend such moneys, services, or materials in carrying on its operations.
    19. To exercise all other powers necessary, convenient or incidental to
carrying out the purposes and provisions of the chapter.