2005 Idaho Code - 43-331 — DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-331.  DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY
ASSESSMENTS. (1) This section applies: (a) When a parcel of land lying within
an irrigation district is subdivided and the owner has made no provisions
which in the opinion of the board of directors is adequate for the proper
distribution of water thereto; or (b) when improvements for the distribution
or delivery of water to any tract of land are not owned by the district and
the owner or person in control of the improvement fails to maintain, repair or
replace the improvement as required for the proper and efficient distribution
or delivery of water to any tract; or (c) when fifty percent (50%) or more of
the owners of the tracts in any such subdivided parcel request that the board
provide for the proper distribution of water thereto or request that the board
maintain, repair or replace the improvement as required for the proper and
efficient distribution or delivery of water to any tract.
    (2)  Whenever the interest or convenience of such tracts requires the
construction, repair or maintenance of any ditch, flume, dike, aqueduct or
other improvement, the board may construct, repair or maintain such
improvement, and levy and collect an assessment upon all tracts specially
benefited thereby, to defray the whole or any portion of the cost and expense
thereof. The board may determine what lands are specially benefited by such
construction, repair or maintenance, and the amount to which each tract is
benefited.