2005 Idaho Code - 43-306 — LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-306.  LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT.
Any irrigation district now organized, or which may hereafter be organized,
under the laws of the state of Idaho, shall have authority to construct
drainage works for the purpose of draining, or reclaiming, any land, or lands,
within such irrigation district, which authority shall be exercised by the
board of directors in its discretion.
    The board of directors before levy as hereinafter provided, shall
determine by resolution spread on the minutes thereof if any of the lands
within an irrigation district are in need of drainage, and should be drained
to protect said land or other lands within said district from damage from
seepage or other waters, subterranean or otherwise, then the board of
directors of such district shall have the power and authority, at the time
provided by law for levying assessments for the operation and maintenance of
said irrigation district in addition to such assessments, also [to] levy an
assessment against the lands of said irrigation district for drainage
purposes, said levy not to exceed in any one (1) year forty per cent (40%) of
the total amount levied for operation and maintenance purposes. Such
assessment for drainage shall in all respects be levied and collected at the
same time and in the same manner as assessments for operation and maintenance.
    All funds collected for drainage purposes under the provisions hereof
shall be kept in a separate fund to be known as "Drainage Fund" of said
irrigation district, and the moneys in said "Drainage Fund" from time to time
may be expended by the board of directors of said irrigation district.