US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 51
                      GROUND WATER MANAGEMENT DISTRICTS
    42-5120.  LENDING INSTITUTIONS -- RIGHT TO COMPEL ASSESSMENTS --
ALTERNATIVE REMEDY. If in any year the board of directors fails to levy
assessments for the repayment of indebtedness in amounts sufficient to meet a
payment or payments falling due, the lender may bring an action in the
district court of any county in which the district is situated to compel the
board to levy assessments in amounts sufficient to insure the payment thereof;
provided, however, that the board may not be compelled to increase assessments
for the repayment of indebtedness if the maximum annual assessment limitation
specified in section 42-5113, Idaho Code, will be exceeded thereby. In the
event that the maximum annual assessment limitation has been reached and the
assessments for repayment of indebtedness nevertheless will be insufficient to
meet a payment or payments falling due, the lender may, in the alternative,
seek an order requiring that moneys received by the district in payment of
assessments for all purposes be first expended for the repayment of that
portion of the indebtedness falling due.