2005 Idaho Code - 42-3708 — POWERS OF DIRECTORS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 37
                       WATERSHED IMPROVEMENT DISTRICTS
    42-3708.  POWERS OF DIRECTORS. The directors of a watershed improvement
district shall have power:
    1.  To levy and cause to be collected assessments on real property within
the district in an amount not to exceed six hundredths of one per cent (.06%)
of the market value for assessment purposes on all taxable property within the
district, for the purpose of general administration and operation and
maintenance of the district and in addition thereto to separately levy and
cause to be collected assessments on real property within the district in an
amount not to exceed twenty hundredths of one per cent (.20%) of the market
value for assessment purposes on all taxable property within the district for
construction of structural works of improvement. Before a levy can be made for
any purpose, an election, subject to the provisions of section 34-106, Idaho
Code, as herein provided must be held, and the provisions as outlined under
sections 42-3712, 42-3713 and 42-3714, Idaho Code, must be complied with, and
assessments can only be levied against lands to be directly benefited.
    2.  To conduct surveys, investigations and research relating to
floodwater, sediment damage and the conservation, utilization, and disposal of
water in the district, and the structural works of improvement needed.
    3.  To obtain options upon and acquire by purchase, exchange, lease, gift,
grant, bequest, devise, or otherwise, any property, real or personal, 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
interest therein in furtherance of the purposes and provisions of this
chapter.
    4.  To develop comprehensive plans for the prevention of floodwater and
sediment damage and the conservation, development, utilization, and disposal
of water within the district, which plans shall specify the acts, procedures,
performances and avoidances which are necessary for effectuation of such
plans.
    5.  To construct, operate and maintain structural works of improvement for
the prevention of floodwater and sediment damages, and the conservation,
development, utilization, and disposal of water as provided for in the act of
the congress of the United States known as the Watershed Protection and Flood
Prevention Act (U.S.C., tit. 16, sections 1001-1008) and acts amendatory
thereto.
    6.  To have the right of eminent domain with the power to cause to be
condemned and appropriated for the use of the district in the construction,
operation, maintenance and upkeep of its structures, waterways, dikes, dams,
basins, or any other use necessary in the carrying out of the provisions of
this chapter upon the payment of just compensation therefor.
    7.  To borrow money and to issue negotiable coupon bonds, which bonds
shall bear interest, and which bonds shall be due and payable not later than
thirty (30) years from the date of issuance, or at such earlier date as may be
determined by the directors. The form and terms of said bonds, including their
payment and redemption prior to maturity, shall be determined by the
directors. Such bonds as may be issued shall be payable solely out of and from
the assessments levied upon and a lien upon the lands within the district as
provided in this chapter. Such bonds may be issued by the directors only upon
the holding of an election within the district as provided by law and upon
such election resulting in two-thirds (2/3) of the property owners, and
representing at least fifty-one per cent (51%) of the land to be benefited,
casting their ballots in favor thereof.
    8.  To enter into contracts or agreements with the United States or any of
its officers, agents, or subdivisions, or the state of Idaho or any of its
officers, agents or political subdivisions, and to cooperate with such
governments, persons or agencies in effectuating, promoting and accomplishing
the purposes of this chapter.
    9.  To bear its allocated share of the cost of any project resulting from
any contract or agreement entered into as provided in subsection 8. of this
section.
    10. To take over, administer and maintain pursuant to any agreement or
contract entered into in accordance with the provisions of subsection 8. of
this section any watershed improvement project within its boundaries
undertaken in cooperation with the United States or any of its agencies, or
with the state of Idaho or any of its agencies, or any combinations thereof.
    11. To accept donations, gifts and contributions in money, services, or
materials, or otherwise, from the United States or any of its agencies, or the
state of Idaho or any of its agencies or any combinations thereof, and to
expend such moneys, services, or materials in carrying on its operations.
    12. 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, and to
promulgate, amend and repeal rules not consistent with the provisions of this
chapter.
    13. To exercise all other powers necessary, convenient or incidental to
carrying out the purposes and provisions of this chapter.