43-304 — GENERAL POWERS OF BOARD -- BY-LAWS -- RIGHT OF ENTRY -- ACQUISITION OF PROPERTY
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TITLE 43
IRRIGATION DISTRICTS
CHAPTER 3
POWERS AND DUTIES OF
BOARD OF DIRECTORS
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.