2005 Idaho Code - 43-333 — RESOLUTION FOR WATER DISTRIBUTION WORKS OR SERVICES -- HEARING OF OBJECTIONS -- CONSTRUCTION, REPAIR OR MAINTENANCE OF IMPROVEMENT -- APPORTIONMENT OF COSTS -- ASSESSMENT

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-333.  RESOLUTION FOR WATER DISTRIBUTION WORKS OR SERVICES -- HEARING OF
OBJECTIONS -- CONSTRUCTION, REPAIR OR MAINTENANCE OF IMPROVEMENT --
APPORTIONMENT OF COSTS -- ASSESSMENT. (1) Whenever the board of directors
shall deem it expedient or necessary to construct, repair or maintain ditches,
flumes, dikes, aqueducts or other improvements as provided in section 43-331,
Idaho Code, or to employ the services of some competent person to distribute
and apportion water for any subdivision, as provided in section 43-332, Idaho
Code, it shall declare such necessity by resolution.
    (2)  A resolution shall be posted in three (3) public places in the
subdivision for five (5) days. Within ten (10) days from the date when the
resolution is posted, the owner of any property within the tract may file with
the secretary a written remonstrance against the proposed improvement or
employment. The board hearing such remonstrances may, in its discretion,
overrule any remonstrance and by a resolution order construction, repair or
maintenance of the improvements. The board may either enter into a contract to
complete the improvement or, in its discretion, complete the improvement under
its own supervision. After the work on the improvement is completed the board
shall, by resolution, apportion the costs and shall declare an assessment upon
each tract benefited, which assessments shall be final and conclusive.