2005 Idaho Code - 43-330B — CONTRACT PROVISIONS

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-330B.  CONTRACT PROVISIONS. Any contract entered into under the
authority of section 43-330A, Idaho Code, shall include the following
provisions:
    (1) An apportionment of the cost of the construction of the distribution
system against the parcel or against the tract or tracts which are included in
the contract;
    (2)  The cost of construction of the distribution system shall constitute
a lien against the parcel, tract or tracts included in the contract, to secure
payment of any portion of the cost of construction that is not paid upon
completion of construction by the owner or owners, or by a third party on
their behalf, and securing payment of interest on any deferred installments of
the construction costs;
    (3)  A schedule of annual installment payments, with accrued interest, for
the portion, if any, of the construction costs that are not paid upon
completion of construction;
    (4)  The annual installment payment against the parcel or against the
tract or tracts included in the contract shall be included in the annual
assessments levied by the district against the parcel, tract or tracts and any
such assessment and its levy and collection shall be, as nearly as
practicable, in accordance with the assessment, levy and collection of other
assessments levied upon lands in the district;
    (5)  The deferred annual installment payments of principal and accrued
interest may be prepaid in whole or in part at any time without penalty, but
any prepayment of principal shall not be less that [than] one-half (1/2) the
amount of the annual installment payment of principal next coming due, but the
prepayment privilege authorized in this subsection shall not be applicable
where the construction costs have been financed through a local improvement
district;
    (6)  If the district has constructed or proposes to construct a pumping
station and pipeline to serve the parcel, tract or tracts included in the
contract and other lands, the cost of the pumping station and pipeline shall
be apportioned by the board to all lands which are planned to be served by the
pumping station, so that each acre of irrigable land to be served by the
pumping station shall be assessed and required to pay the same amount;
    (7)  A grant of an easement to the district for the installation,
operation, maintenance, repair and replacement of the portion of the
distribution system located on the parcel, tract or tracts included in the
contract. The easement shall be of sufficient width to allow construction,
installation, operation, maintenance, repair and replacement by the use of
ordinary mechanized equipment designed to perform those functions.