2005 Idaho Code - 22-2722 — POWERS OF DISTRICTS AND SUPERVISORS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2722.  POWERS OF DISTRICTS AND SUPERVISORS. A soil conservation
district organized under the provisions of this chapter shall constitute a
governmental subdivision of this state, and a public body corporate and
politic, exercising public powers, and such district, and the supervisors
thereof, shall have the following powers, in addition to others granted in
other sections of this chapter:
    (1)  To conduct surveys, investigations, and research relating to the
character of soil erosion, floodwater and sediment damages, for the
conservation, development, utilization, and disposal of water and the
prevention and control measures, and works of improvement needed, to publish
results of such surveys, investigations, or research, and to disseminate
information concerning such preventive and control measures and works of
improvement; provided, however, that in order to avoid duplication of research
activities, no district shall initiate any research program except in
cooperation with the government of this state or any of its agencies or with
the United States or any of its agencies;
    (2)  To conduct demonstrational projects within the district on lands
owned or controlled by this state or any of its agencies, with the cooperation
of the agency administering and having jurisdiction thereof, and on any other
lands within the district upon obtaining the consent of the owner of such
lands or the necessary rights of interests in such lands, in order to
demonstrate by example the means, methods, and measures by which soil and soil
resources may be conserved, and soil erosion in the form of soil-blowing and
soil-washing may be prevented and controlled; works of improvement for flood
prevention and the conservation, development, utilization, and disposal of
water may be carried out;
    (3)  To carry out preventive and control measures and works of improvement
for flood prevention or the conservation, development, utilization, and
disposal of water within the districts including, but not limited to,
engineering operations, methods of cultivation, the growing of vegetation,
changes in use of land, and other appropriate best management practices, on
lands owned or controlled by this state or any of its agencies, with the
cooperation of the agency administering and having jurisdiction thereof, and
on any other lands within the district upon obtaining the consent of the owner
of such lands or the necessary rights or interests in such lands;
    (4)  To cooperate, or enter into agreements with, and within the limits of
appropriations duly made available to it by law, to furnish financial or other
aid, to any agency, governmental or otherwise, or any owner of lands within
the district, in carrying on erosion control and prevention operations and
works of improvement for flood prevention and the conservation, development,
utilization, and disposal of water within the district, subject to such
conditions as the supervisors may deem necessary to advance the purpose of
this chapter;
    (5)  To obtain options upon and to acquire, by purchase, exchange, lease,
gift, grant, bequest, devise, or otherwise, any property, real or personal, or
rights or interests therein and all such property shall be exempt from
taxation for state, county and municipal purposes; to maintain, administer,
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 sell, lease, or otherwise dispose of any of its property or
interests therein in furtherance of the purposes and provisions of this
chapter;
    (6)  To make available, on such terms as it shall prescribe, to landowners
within the district, agricultural and engineering machinery or equipment, as
will assist such landowners to carry on operations upon their lands for the
conservation of soil resources and for the prevention and control of soil
erosion and for flood prevention or the conservation, development,
utilization, and disposal of water;
    (7)  To construct, improve, operate and maintain such structures as may be
necessary or convenient for the performance of any of the operations
authorized in this chapter;
    (8)  To develop comprehensive plans for the conservation of soil resources
and for the control and prevention of soil erosion and for flood prevention or
the conservation, development, utilization, and disposal of water within the
district, which plans shall specify in such detail as may be possible, the
acts, procedures, performances, and avoidances which are necessary or
desirable for the effectuation of such plans, including the specifications of
engineering operations, method of cultivation, the growing of vegetation,
cropping programs, tillage practices, and changes in use of land, and to
publish such plans and information and bring them to the attention of
occupiers of lands within the district;
    (9)  To take over, by purchase, lease, or otherwise, and to administer,
any soil conservation, flood prevention, erosion control, or erosion
prevention project, or combination thereof, located within its boundaries
undertaken by the United States or any of its agencies, or by this state or
any of its agencies; to manage, as agent of the United States or any of its
agencies; or of this state or any of its agencies, any soil conservation,
flood prevention, erosion control, or erosion prevention project, or
combination thereof, within its boundaries; to act as agent for the United
States, or any of its agencies, or for this state or any of its agencies, in
connection with the acquisition, construction, operation, or administration of
any soil-conservation, flood-prevention, erosion-control, or
erosion-prevention project, or combination thereof, within its boundaries; to
accept donations, gifts, and contributions in money, services, materials, or
otherwise, from the United States or any of its agencies, or from this state
or any of its agencies, and use or expend such moneys, services, material, or
other contributions in carrying on its operations;
    (10) 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 powers; to make,
and from time to time amend and repeal, rules not inconsistent with this
chapter, to carry into effect its purposes and powers;
    (11) As a condition to the extending of any benefits under this chapter
to, or the performance of work upon, any lands not owned or controlled by this
state or any of its agencies, the supervisors may require contributions in
moneys, services, materials, or otherwise to any operations conferring such
benefits, and may require landowners to enter into and perform such agreements
or covenants as to permanent use of such lands as will tend to prevent or
control erosion and prevent floodwater and sediment damages thereon;
    (12) No provisions with respect to the acquisition, operation, or
disposition of property by other public bodies shall be applicable to a
district organized hereunder unless the legislature shall specifically so
state.