2005 Idaho Code - 42-1755 — PROJECTS -- PLANS AND COST ESTIMATES -- REPAYMENT CONTRACTS -- TITLE

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1755.  PROJECTS -- PLANS AND COST ESTIMATES -- REPAYMENT CONTRACTS --
TITLE. When a project has been selected by the board to be constructed by the
board with money made available from the revolving fund, the board shall cause
plans and cost estimates of such project to be prepared and the board is
authorized to enter into a contract or contracts for construction of such
project after legislative approval. The board shall insure that water
developed or conserved by any such project shall be utilized or benefits
accrue within this state, and it shall enter into appropriate repayment
contracts with the project water users. The board shall assess against any
project water user such charge as, in the opinion of the board, is necessary
and reasonable for the maintenance and operation of the project during the
repayment period and for repayment to the revolving fund of the amount
allocated therefrom for making the feasibility study and for construction of
the project, including costs for engineering services, design, specifications,
and other preparatory expenses. All money allocated to the project from the
revolving fund shall be repaid as determined by the board, provided that the
repayment period shall not exceed 60 years.
    Title to all projects constructed by the board with money from the
revolving fund shall vest in the board. At the end of the repayment period,
the board shall make a determination, guided by the principles set forth in
the act under which it operates, as to whether or not it is in the public
interest to turn title to such project over to the users of such project. Its
action shall be based upon such determination, and the board is specifically
authorized to convey title to the project to those who use the water from such
project if it finds this to be in the public interest.