US Laws, Codes, Statutes & Cases

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 7
                      LEVY AND COLLECTION OF ASSESSMENTS
    43-701A.  REHABILITATION OF IRRIGATION WORKS -- LEVY FOR PRELIMINARY STUDY
COSTS. If the rehabilitation, reconstruction or replacement of irrigation
works is determined necessary by the board of directors and a bond issue
authorized by section 43-401A, Idaho Code, or other financing arrangement will
be required for the project, the board of a district constructing the works or
a district which will pay a proportionate share of the cost of the project may
include in its assessment levy under section 43-701, Idaho Code, an amount
sufficient to obtain surveys, examinations, plans and professional services
necessary to determine the cost or feasibility of the project, or obtain its
authorization. If other water user organizations contract with the
constructing district for payment of a share of the costs of the project, sums
expended by the constructing district or others as herein authorized may be
included in total project cost; provided that if the monies so assessed and
expended by the constructing district or other participating district are
repaid, the district may (i) use the money to meet and offset future expenses
or assessments of the district, and/or (ii) refund part or all of said money
as an adjustment to the original assessment to the present landowners of the
district in proportion to the previous assessments from which said money was
obtained; provided further that in the event a district is a nonoperating
entity, said district may refund part or all as above provided to the
irrigation entities that comprise said district in proportion to the previous
assessments to landowners within such irrigation entities levied against the
lands of said irrigation entities.