reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2955 - EXCHANGE OF BONDS FOR WARRANTS.

42-2955. EXCHANGE OF BONDS FOR WARRANTS. Said bonds may be exchanged at not less than their par value for an equal amount of the warrants of the district issuing such bonds.
History:
[(42-2955) 1913, ch. 16, sec. 27, p. 58; reen. C.L. 168:52; C.S., sec. 4546; I.C.A., sec. 41-2555.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2956 - LEVY FOR SINKING FUND.

42-2956. LEVY FOR SINKING FUND. At least one (1) year before the first principal maturity of said bonds (as fixed by the board of commissioners pursuant to section 42-2954[, Idaho Code,]) and thereafter annually, the drainage commissioners of such district issuing them are hereby authorized and required to levy an assessment sufficient to liquidate said bonds at their respective maturities. Such assessment shall be collected by the official whose duty it is to collect the county taxes, and kept as a separate fund for the sole purpose of liquidating said bonds in accordance with the provisions of the following section. The annual levies of assessments to pay bonds issued prior to the effective date of this amendment shall be made according to the law in existence at the time of the issuance of said prior bonds and according to the maturity needs thereof.
History:
[(42-2956) 1913, ch. 16, sec. 28, p. 58; reen. C.L. 168:53; C.S., sec. 4547; I.C.A., sec. 41-2556; am. 1935, ch. 49, sec. 4, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2957 - CALLING OF BONDS.

42-2957. CALLING OF BONDS. It shall be the duty of the treasurer of any county in which there may be a district issuing bonds under the provisions of this chapter whenever he has upon hand $5000 of the special fund for the payment of said bonds, and when said bonds shall have run for a period of three (3) years, to advertise in the newspaper doing the county printing, for the presentation to him for payment of as many of the bonds issued under the provisions of this chapter as he is able to pay with the funds in his hands, to be paid in numerical order of said bonds, beginning with the bond number one (1), until all of said bonds are paid: provided, that thirty (30) days after the first publication of said notice of the treasurer calling in any of said bonds, said bonds shall cease to bear interest.
History:
[(42-2957) 1913, ch. 16, sec. 29, p. 58; reen. C.L. 168:54; C.S., sec. 4548; I.C.A., sec. 41-2557.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2958 - LEVY FOR INTEREST.

42-2958. LEVY FOR INTEREST. It shall be the duty of such drainage commissioners annually to levy an assessment sufficient for the payment of the coupons hereinbefore mentioned as they fall due.
History:
[(42-2958) 1913, ch. 16, sec. 30, p. 58; reen. C.L. 168:55; C.S., sec. 4549; I.C.A., sec. 41-2558; am. 1935, ch. 55, sec. 2, p. 103.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2959 - REGISTRATION OF BONDS.

42-2959. REGISTRATION OF BONDS. Before the bonds are delivered to the purchaser they shall be presented to the county treasurer, who shall register them in a book kept for that purpose, and known as the bond register, in which register he shall enter the number of each bond, the date of issue, the maturity, amount and rate of interest, to whom and when payable, and the proceeds derived from the sale of said bonds shall in all cases be paid by the purchaser thereof to the county treasurer.
History:
[(42-2959) 1913, ch. 16, sec. 31, p. 58; reen. C.L. 168:56; C.S., sec. 4550; I.C.A., sec. 41-2559.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2960 - MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.

42-2960. MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT. Any drainage district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the residents and property owners of said district.
History:
[(42-2960) 1913, ch. 16, sec. 42, p. 58; reen. C.L. 168:57; C.S., sec. 4551; I.C.A., sec. 41-2560.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2961 - APPORTIONMENT OF COST OF MAINTENANCE.

42-2961. APPORTIONMENT OF COST OF MAINTENANCE. The board of commissioners of any drainage district organized under the provisions of this chapter shall, on or before the third Monday of September of each year, make an estimate of the cost of maintenance of the drainage system constructed in such district, which estimate shall include the cost of making any necessary repairs that it might become necessary to make in the maintenance of such system. Such estimate shall be made for the succeeding year, and the amount so estimated shall be certified by the board of commissioners to the auditor of the county in which such district is located, on or before said date, and the amount thereof shall be apportioned to the landowners in such district benefited by said improvement in proportion to the benefit apportioned or reapportioned, and such amount shall be added to the general taxes of such landowners and collected therewith; provided however, that at the option of the commissioners the amount apportioned to every landowner on any parcel or piece of land shall be not less than one dollar ($1.00), which amount shall be a minimum assessment to be collected as a tax for the year on every such parcel or piece of land.
History:
[(42-2961) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, sec. 1, p. 82; C.S., sec. 4552; am. 1927, ch. 53, sec. 1, p. 68; I.C.A., sec. 41-2561; am. 1953, ch. 257, sec. 1, p. 411; am. 1974, ch. 118, sec. 1, p. 1289; am. 2012, ch. 106, sec. 2, p. 283.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2962 - LEVY OF AND LIMITATION ON ASSESSMENTS.

42-2962. LEVY OF AND LIMITATION ON ASSESSMENTS. The commissioners may also levy assessments for any expense necessarily incurred by them for construction, maintenance, repair, or any extraordinary reasons, and also may add to said assessment sufficient to pay any deficiency occurring the preceding year or any other unpaid warrant indebtedness, if any, or to pay any outstanding warrants: provided, that any assessments to be hereafter made by any drainage commissioners to pay for the payment or retirement of any bonds or warrants shall not exceed twenty percent (20%) of the original cost of organization and construction, and said assessment for the payment or retirement of any bonds or warrants shall be in addition to the assessments which may be levied under this section or section 42-2936, Idaho Code, and such assessments, when made, shall be apportioned under section 42-2961, Idaho Code, and collected as hereinbefore provided for.
History:
[(42-2962) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, part of sec. 1, p. 82; C.S., sec. 4553; I.C.A., sec. 41-2562; am. 2012, ch. 106, sec. 3, p. 283; am. 2018, ch. 92, sec. 3, p. 198.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2963 - VALIDATION OF WARRANTS HERETOFORE ISSUED.

42-2963. VALIDATION OF WARRANTS HERETOFORE ISSUED. Warrants or any other evidence of drainage district indebtedness heretofore issued by the board of drainage commissioners of any drainage district for such necessary construction, maintenance, repair or any extraordinary reasons, shall be and hereby are made legal and valid obligations of such drainage district.
History:
[(42-2963) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, part of sec. 1, p. 82; C.S., sec. 4554; I.C.A., sec. 41-2563.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2964 - INTERPRETATION OF LAW.

42-2964. INTERPRETATION OF LAW. The provisions of this chapter shall be liberally construed to promote the public health and welfare by reclaiming wet or overflowed lands, building embankments or levees and the preservation of any system of drainage heretofore constructed or to be constructed according to law.
History:
[(42-2964) 1913, ch. 16, part of sec. 40, p. 58; reen. C.L. 168:59; C.S., sec. 4555; I.C.A., sec. 41-2564.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2965 - PAYMENT OF ASSESSMENTS.

42-2965. PAYMENT OF ASSESSMENTS. The assessments levied by the commissioners of the drainage districts must be paid in lawful money of the United States; provided that warrants of the district may be accepted as cash for the payment of assessments levied for warrant redemption, and that matured bonds of the district and accrued interest coupons detached from any of the bonds of the district, when presented may be accepted as cash in payment of assessment levied for bond interest and principal, and in the event that the said bonds so used are of a greater denomination than the said assessments, the tax collector shall indorse upon said bond or bonds the amount necessary to pay said assessment or assessments and the date of said payment and take a receipt from such bondholder for the amount so credited, and either such receipt describing the bond so indorsed or such indorsement shall be prima facie evidence that the said sum so indorsed has been paid on said bond or bonds.
History:
[(42-2965) I.C.A., sec. 41-2565, as added by 1933, ch. 213, sec. 1, p. 447.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2966 - INTERESTED PERSONS — RIGHT OF EXAMINATION.

42-2966. INTERESTED PERSONS — RIGHT OF EXAMINATION. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized or existing, or hereafter organized under the laws of the state of Idaho, and which land has been, or hereafter may be, assessed for benefits for the construction of drainage works in said district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, shall have the right personally, or through his agents, attorneys or auditors to examine the books, records and accounts of the drainage commissioners and to make copies thereof.
History:
[42-2966, added 1937, ch. 86, sec. 1, p. 115.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2967 - INTERESTED PERSONS — RIGHT TO DEMAND STATEMENT SHOWING AMOUNT OF LIEN AND TOTAL PAYMENTS — FORM.

42-2967. INTERESTED PERSONS — RIGHT TO DEMAND STATEMENT SHOWING AMOUNT OF LIEN AND TOTAL PAYMENTS — FORM. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized and existing or hereafter organized under the laws of the state of Idaho, and which land has been, or hereafter may be, assessed for benefits for the construction of drainage works in said district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, and upon which any calls for assessments have been made against said assessment roll by the drainage commissioners of said district, and any or all of which calls shall have been paid upon said land, shall have the right to demand in writing from the commissioners of said drainage district and from the county treasurer of the county in which such land is situate, a statement giving the following information:
(a) Amount of original lien against said land as shown by the assessment roll of said district and confirmed by the court;
(b) Total payments made upon said land by reason of calls against said assessment roll;
(c) Total credit given on the original lien against said land created by the assessment, by reason of the payment made on calls by the drainage commissioners.
Said demand shall be personally served upon the secretary of the board of drainage commissioners of said district, and upon the county treasurer of said county.
Within ten days after the service of said notice, the commissioners of said drainage district and said county treasurer shall furnish to the person making said demand a statement in writing giving the information required by said demand. Said statement so furnished by the drainage commissioners and the county treasurer may be in one instrument or in separate instruments. The same shall be signed by the chairman of the board of drainage commissioners of said district and attested by the secretary thereof, and shall also be signed by the county treasurer.
History:
[42-2967, added 1935, ch. 57, sec. 1, p. 109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2968 - RIGHT OF ACTION BY INTERESTED PERSONS FOR ACCOUNTING.

42-2968. RIGHT OF ACTION BY INTERESTED PERSONS FOR ACCOUNTING. If such person or corporation making said demand shall be dissatisfied as to the total amount paid or the credit given on the original lien as shown by said statements furnished under the provisions of section 42-2967, he or it shall have the right to bring an action in the district court of the county in which such land is situate, against said district and the county treasurer of the county, for the purpose of securing a determination by the court as to the total amount of payments made and the amount which should have been credited upon the lien against said lands created by the assessment roll of said district as confirmed by the court.
History:
[42-2968, added 1935, ch. 57, sec. 2, p. 109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2969 - ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL.

42-2969. ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL. Upon the filing of said complaint said plaintiff, his agents, attorneys and auditors, shall have free access to the books, records and accounts of the drainage commissioners and shall have the right to examine the same and make copies thereof, and the secretary of said drainage district shall furnish such certified copies of said records as the plaintiff may designate, said plaintiff furnishing the copies ready for certification at his own expense. He shall also have access to the records of the county treasurer insofar as they pertain to his property, including the assessment roll of the drainage district, the distribution of moneys paid by him, and such other matters as may pertain to the preparation of his case for trial.
History:
[42-2969, added 1935, ch. 57, sec. 3, p. 109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2970 - METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS.

42-2970. METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS. The procedure provided by law for the trial and determination of other civil actions, and appeal to the Supreme Court of the state of Idaho, shall govern the procedure in any action brought under the provisions of this act; provided, however, that no costs shall be awarded to either party, either in the district court or upon appeal to the Supreme Court.
History:
[42-2970, added 1935, ch. 57, sec. 4, p. 109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2971 - PAYMENT OF ANNUAL OR DELINQUENT ASSESSMENTS OR UNPAID LIENS WITH BONDS, MATURED INTEREST COUPONS, WARRANTS OR CASH.

42-2971. PAYMENT OF ANNUAL OR DELINQUENT ASSESSMENTS OR UNPAID LIENS WITH BONDS, MATURED INTEREST COUPONS, WARRANTS OR CASH. Any person or corporation having an interest in or title to, or recorded mortgage or other lien upon any tract, lot or parcel of land, or any part thereof, situate within the boundaries of any drainage district now organized and existing, or that may hereafter be organized, under the laws of the state of Idaho, may at any time pay all or any part of the annual or delinquent drainage assessments due at the time of such payment, except as hereinafter otherwise provided, or may pay the whole or any part of the unpaid portion of the lien against said property as shown by the assessment roll of said district as confirmed by the court and filed with the county auditor, whether due or to become due, together with the accrued interest, if any, on any such annual or delinquent assessments, either in lawful money of the United States or with the bonds of the district at the face or par value thereof, of any date, number, series or denomination, whether original issue, funding or refunding and whether such bonds are due at the time of payment or will become due at a future date, and/or with warrants or matured interest coupons of said district at the face or par value of the same; and it shall be the duty of the county treasurer of the county in which said land is situate to accept said bonds, matured interest coupons and warrants in payment, or part payment, of any such annual or delinquent drainage assessments, or in payment of the unpaid portion of the lien against said real property created by the assessment roll of such drainage district; provided, however, that such bonds, interest coupons, and warrants hereinabove referred to shall have been issued by said drainage district subsequent to the date this act becomes effective.
History:
[42-2971, added 1935, ch. 56, sec. 1, p. 105.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2972 - RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT.

42-2972. RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT. Upon payment in full being made to the county treasurer of the lien against any such tract, lot or parcel of land, either in lawful money of the United States and/or drainage district bonds, matured interest coupons or warrants, as provided in section 42-2971, the county treasurer shall issue and deliver to such person or corporation making said payment a receipt for the amount of such payment, stating therein the total amount paid, the amount paid in cash, in bonds, in warrants and matured interest coupons of said district; and shall thereupon issue and deliver to such person or corporation a release and discharge releasing such tract, lot or parcel of land from all other or further liability for the payment of any of the then existing bonded indebtedness of the district, or any bonds thereafter issued to refund the same, or of any warrants theretofore, or that may thereafter be, issued for the payment of interest on any such bonds or refunding bonds, and releasing and discharging such tract, lot or parcel of land from the payment of any other or further liens created by reason of the assessment for benefits against said tract, lot or parcel of land as shown in the assessment roll of said district confirmed by the court; and such tract, lot or parcel of land shall not thereafter be assessed by such drainage district by reason of benefits theretofore assessed and confirmed by the court, except for the purpose of operation and maintenance thereof; provided, that all assessments for operation and maintenance theretofore levied or thereafter to be levied shall be payable only in lawful money of the United States or in warrants of the district issued against the operation and maintenance fund within the calendar year in which such warrants are tendered in payment, in which event such warrants shall be accepted by the county treasurer at par or face value thereof in payment of operation and maintenance charges.
History:
[42-2972, added 1935, ch. 56, sec. 2, p. 105.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2974 - FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT.

42-2974. FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT. Such release and discharge, when filed for record and recorded in the office of the county recorder of the county in which such tract, lot or parcel of land is situate, shall operate as a release and discharge of the land therein described from the payment of all existing indebtedness of said district, and release the same from the lien thereof, created by the assessment roll of said district, confirmed by the court; save and except levies made or to be made for the operation and maintenance of said district.
History:
[42-2974, added 1935, ch. 56, sec. 4, p. 105.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2975 - CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY.

42-2975. CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY. All bonds, together with all unmatured coupons attached, matured interest coupons and warrants delivered to the county treasurer under the provisions of this act shall be cancelled in the same manner as if called for payment and paid.
History:
[42-2975, added 1935, ch. 56, sec. 5, p. 105.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2976 - PAYMENT OF BONDS AFTER DEFAULT.

42-2976. PAYMENT OF BONDS AFTER DEFAULT. All bonds hereafter issued by any drainage distrct [district] in the state of Idaho, whether original issue, funding or refunding, shall be governed by the provisions of this act in regard to the payment thereof after default as hereafter provided.
History:
[42-2976, added 1935, ch. 54, sec. 1, p. 102.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2977 - PRO RATA PAYMENT OF INTEREST AND BONDS.

42-2977. PRO RATA PAYMENT OF INTEREST AND BONDS. If at any time twenty per cent (20%) or more of the entire issued, uncalled and outstanding bonds of such district shall be past due and unpaid, after the application of all funds available for the payment thereof, then the numerical order, or other provisions of law, of payment of all outstanding and uncalled bonds of such district shall immediately cease, and thereafter the county treasurer shall distribute all funds coming into his hands applicable to the payment of bonds pro rata on all outstanding and uncalled bonds, whether due or to become due, to the end that after such default in the percentage herein set out, there shall be paid on each outstanding and uncalled bond its equal and ratable proportion of all funds so collected for the payment of said bonds; provided further, that if at the time of such default there shall be matured and unpaid interest on any or all of such outstanding bonds, then all moneys thereafter available for the payment of interest shall be applied toward the payment of interest longest in default until all bonds shall have assumed the same relative position in regard to interest payment. When interest shall have been paid on all outstanding bonds to the same date, thereafter all moneys available for the payment of interest shall be paid equally and ratably to the holders of all outstanding and uncalled bonds. No payment shall be made by the county treasurer after such default, upon either principal or interest, except upon presentation of the bond and the indorsement by the county treasurer of the amount paid thereon, together with the date of payment, except in the event of full payment of interest coupons, said coupons shall be surrendered to the county treasurer.
History:
[42-2977, added 1935, ch. 54, sec. 2, p. 102.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2978 - REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS.

42-2978. REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS. The owner of any land within any drainage district charged with the lien of any assessment under the provisions of this chapter, may redeem the same from all liability by paying the unpaid portion of the assessment lien against such land, as shown by the assessment roll of said district, plus interest to the time of such payment; provided that the bonds of the drainage district and the accrued interest coupons thereon shall be accepted by the tax collector as cash in payment of such lien and assessment; and upon payment by any landowner of such lien and assessment against any land the same shall be relieved of all further liability and shall not be subject to any further or subsequent assessment by said district except only for the maintenance and operation of the drainage works of the district; and, provided further, upon full payment being made, as hereinabove provided, in cash and/or bonds and interest coupons, the tax collector shall issue to such owner a receipt showing the lien of the assessment against such land is fully paid and satisfied; and such tax collector shall also note upon the assessment roll of said district the full payment of the assessment against such land. All bonds and interest coupons delivered to the tax collector under the provisions of this act shall be canceled in the same manner as bonds which have been called for payment and paid.
History:
[42-2978, added 1933, ch. 183, sec. 1, p. 338.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2979 - SALE OF PERSONAL PROPERTY — PROCEDURE.

42-2979. SALE OF PERSONAL PROPERTY — PROCEDURE. Personal property of a drainage district may be sold by its board of commissioners whenever the board finds and by resolution declares that the district no longer has use therefor.
1. If, in the opinion of the board, such property does not exceed fifty thousand dollars ($50,000) in value, it may sell the same without independent appraisal, notice or competitive bids.
2. Personal property exceeding fifty thousand dollars ($50,000) in estimated value shall first be appraised by three (3) disinterested freeholders of the district, who shall be selected by the board. It may then be sold at public or private sale to the highest bidder for cash at not less than its appraised value, after due notice.
3. Notice of sale shall describe the property, the appraised value thereof (by separate items, if so appraised), and the time, place and condition of sale.
4. If the appraised value does not exceed fifty thousand dollars ($50,000), notice of sale shall be posted in three (3) public places in said district to be determined in the resolution of said board of commissioners (one (1) of which shall be at the office or meeting place of said board) at least ten (10) days before the date of sale.
5. If the appraised value of the property exceeds fifty thousand dollars ($50,000), notice shall be posted as set forth in subsection 4. of this section and in addition shall be published in a weekly newspaper, published or having a general circulation in the district, once each week during the four (4) weeks preceding the date of sale.
History:
[42-2979, added 1951, ch. 63, sec. 1, p. 92; am. 2018, ch. 92, sec. 4, p. 198.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2979A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.

42-2979A. TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY. (1) Whenever the board of commissioners of a drainage district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longer economical to use, the district may, in lieu of the sale of said property as provided in section 42-2979, Idaho Code, dispose of the property by exchanging the same in part payment for new or replacement property.
(2) If the acquisition of the new or replacement property is to be let to bid under the provisions of chapter 28, title 67, Idaho Code, the district shall include in its request for bids a full description of the property to be exchanged as part payment and shall permit any interested bidder to examine the same, and any contract let as a result of said bid shall be awarded on the basis of net cost to the district after allowance for the property to be exchanged in part payment.
(3) Exchange of property will be permitted only when, in the opinion of the board of commissioners of the district, the sale of property under the provisions of section 42-2979, Idaho Code, will yield a lesser monetary return to the district than the exchange thereof as provided in this section.
History:
[42-2979A, added 2018, ch. 92, sec. 5, p. 199.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2980 - DISSOLUTION OF DRAINAGE DISTRICT.

42-2980. DISSOLUTION OF DRAINAGE DISTRICT. A drainage district may be dissolved by the district court for the county in which the office of such drainage district was last located on complaint or petition of parties holding and owning:
(a) Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or,
(b) Fifty per cent (50%) or more of all land situated within the boundaries of such district; or,
(c) Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district.
It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one or more of the following conditions exist in or as to said district:
1. That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it ever will function in the future.
2. That no useful purpose exists for the further continuance of the organization of the district.
3. That there are not sufficient qualified voters of such district to hold a legal election.
4. That all essential functions of the district are or may be carried out and performed by another political subdivision of the state or other public or quasi public body to which all or any portion of the facilities of said district may be transferred by order of the court; provided, however, that the court, at its discretion, may require that interested persons be given further notice and opportunity to be heard with reference to any such proposed transfer.
History:
[42-2980, as added by 1961, ch. 173, sec. 1, p. 267.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2981 - CERTAIN PUBLIC AND PRIVATE LANDS LIABLE FOR COSTS AND EXPENSE OF DRAINAGE — COLLECTION OF DRAINAGE CHARGES.

42-2981. CERTAIN PUBLIC AND PRIVATE LANDS LIABLE FOR COSTS AND EXPENSE OF DRAINAGE — COLLECTION OF DRAINAGE CHARGES. Lands, whether public or private, which have been developed for commercial, industrial, recreational, residential, governmental or highway purposes, and from which surface water or seepage drain into the irrigation or drainage system of any person or persons, canal company, irrigation district, drainage district, or ditch owners’ association, shall be liable for a proportionate share of the cost and expense of operating, maintaining, repairing and replacing the portions of such system which are used or allocated for drainage purposes. Drainage charges for any such lands which are not subject to the regular assessment powers of the person or entity owning or controlling the system shall be billed to, and shall be paid promptly by, the governmental unit owning the land. If the lands are privately owned, the drainage charges shall be billed to, and shall be paid promptly by the county in which the lands are located, and such charges shall be included in the county budget as a separate fund for drainage, the tax for which shall be levied against all privately owned lands in the county which are benefited by such drainage and which are not subject to the regular assessment powers of the owner of the irrigation or drainage system.
History:
[42-2981, added 1978, ch. 271, sec. 1, p. 628.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3001 - ISSUANCE AUTHORIZED.

42-3001. ISSUANCE AUTHORIZED. The board of commissioners of any drainage district organized under the laws of the state of Idaho may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of the district, whether due or not due, on which has or may hereafter become payable at the option of the district or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness be now existing or may hereafter be created, and there shall not be funds in the treasury of such district available for the payment or redemption of such bonds and the accrued and unpaid interest thereon.
History:
[(42-3001) 1925, ch. 21, sec. 1, p. 29; I.C.A., sec. 41-2601.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3002 - OPTIONAL PROCEDURE.

42-3002. OPTIONAL PROCEDURE. Whenever any drainage district has issued bonds and the same are outstanding and unpaid, and the same have been outstanding and unpaid for more than three (3) years, the district may, in the manner hereafter provided, issue and sell bonds for the purpose of paying and redeeming such outstanding bonds, and may call and pay said bonds, or at its option, may authorize the issue of sufficient bonds to pay and redeem the whole of such outstanding bonds, but may issue and sell the same in such amounts from year to year, as will pay and redeem the outstanding bonds falling due each year, and may continue to issue and sell such refunding bonds until the whole of the outstanding bond issue, which has been refunded, is paid and redeemed.
History:
[(42-3002) 1925, ch. 21, sec. 2, p. 29; I.C.A., sec. 41-2602.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3003 - RESOLUTION SPECIFYING TERMS AND CONDITIONS.

42-3003. RESOLUTION SPECIFYING TERMS AND CONDITIONS. Whenever the board of commissioners shall deem it expedient to issue refunding bonds under the provisions of this chapter, they shall by resolution duly adopted and entered upon the minutes of the district specify, the amount and date of the bonds to be refunded, the amount of the refunding bonds proposed to be issued, shall designate the denomination or denominations thereof, fix the date of issue, the rate of interest, which shall not exceed six per cent (6%) per annum.
History:
[(42-3003) 1925, ch. 21, sec. 3, p. 29; I.C.A., sec. 41-2603.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3004 - CONFIRMATION PROCEEDINGS — PETITION.

42-3004. CONFIRMATION PROCEEDINGS — PETITION. The board of drainage commissioners shall file in the district court of the county in which the greater portion of their lands are situated, a petition, praying that the proceedings aforesaid may be examined, approved and confirmed, and that they may be authorized and directed to execute and negotiate the said refunding bonds. The petition shall state generally that the drainage district is duly organized; that an assessment roll has theretofore been duly prepared, approved and confirmed by the court; the aggregate amount of the assessments contained therein; the amount and date of the bonds outstanding which it is sought to refund; that the same are valid and binding obligations of the district, and that it will be of benefit to the district, or the property owners therein that said bonds be refunded, together with the proceedings had and taken by the commissioners toward the issuance of said refunding bonds, and said petition need not state any further facts.
History:
[(42-3004) 1925, ch. 21, sec. 4, p. 29; I.C.A., sec. 41-2604.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3005 - CONFIRMATION PROCEEDINGS — TIME AND NOTICE OF HEARING — PRACTICE.

42-3005. CONFIRMATION PROCEEDINGS — TIME AND NOTICE OF HEARING — PRACTICE. Upon the filing of said petition, the court or judge shall fix a time for the hearing thereof, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in a newspaper in the county in which the proceeding is filed, for three (3) successive weeks. The notice shall state the time and place fixed for the hearing of the petition, and that the proceeding is brought to procure an order, approving and authorizing the sale of refunding bonds of said district, and giving the amount of said bonds, and that any person interested in the subject matter of said petition may, on or before the day fixed for the hearing thereof, file objections thereto. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted at such hearing, must be taken as true, and every person or party failing to file objections shall be deemed to have admitted all the allegations of the petition.
History:
[(42-3005) 1925, ch. 21, sec. 5, p. 29; I.C.A., sec. 41-2605.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3006 - CONFIRMATION PROCEEDINGS — HEARING — DECREE.

42-3006. CONFIRMATION PROCEEDINGS — HEARING — DECREE. Upon the hearing of such petition, the court shall examine all of the proceedings set up in the petition, and all objections thereto, and may ratify, approve and confirm or dismiss the same. The court shall disregard every error, irregularity or omission which does not affect the substantial rights of any party, and if the court shall find that the assessments imposed by the assessment roll are final and conclusive, and adequate security for retiring and paying off said refunding bonds, and that it will be of benefit to the district or the property owners therein that said refunding bonds be issued, it shall issue its order or decree, approving and confirming such proceedings, reciting therein that the lien of the assessment roll theretofore prepared, approved and confirmed shall not be deemed to have been lost or waived but shall remain in full force and effect for the purpose of retiring and paying off said refunding bonds, in like manner as the original bond issue and shall direct the commissioners to execute and negotiate said refunding bonds as in this chapter provided.
History:
[(42-3006) 1925, ch. 21, sec. 6, p. 29; I.C.A., sec. 41-2606.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3007 - EXCHANGE OF BONDS — APPLICATION OF PROCEEDS OF SALE — EFFECT OF DECREE.

42-3007. EXCHANGE OF BONDS — APPLICATION OF PROCEEDS OF SALE — EFFECT OF DECREE. All or any part of such refunding bonds may be exchanged, dollar for dollar, for the bonds to be refunded, or they may be sold, at not less than their par value, as directed by the board of commissioners and the proceeds thereof shall be applied only to the purposes for which said refunding bonds are issued. The authority vested in the board of commissioners by the judgment and decree as in this chapter provided shall be and remain effective until all of the bonded indebtedness so authorized to be refunded has been paid, redeemed or refunded.
History:
[(42-3007) 1925, ch. 21, sec. 7, p. 29; I.C.A., sec. 41-2607.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3008 - APPLICATION OF DRAINAGE DISTRICT LAW.

42-3008. APPLICATION OF DRAINAGE DISTRICT LAW. The laws of the state of Idaho as they now exist, or as they may hereafter be amended or enacted in relation to drainage districts providing the form of bond to be issued, the issuance, registration and sale thereof, the levies to pay interest thereon and to create a sinking fund for the payment and redemption thereof, and for collection of such levies and for the calling and payment of said bonds shall govern and apply to the refunding bonds issued under the provisions of this chapter, when not in conflict herewith.
History:
[(42-3008) 1925, ch. 21, sec. 8, p. 29; I.C.A., sec. 41-2608.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 30 - DRAINAGE DISTRICT REFUNDING BONDS › Section 42-3009 - ASSESSMENT ROLL UNDER FORMER BOND ISSUE — CONTINUANCE IN EFFECT.

42-3009. ASSESSMENT ROLL UNDER FORMER BOND ISSUE — CONTINUANCE IN EFFECT. The assessment roll or rolls of any drainage district which has been authorized and filed as provided by law, and upon which any original bond issue was made, shall continue in full force and effect, and the assessment or assessments contained therein shall be a lien upon all of the property of such drainage district as contained in such assessment roll or rolls and subject to levies for the payment of the principal and interest of said refunding bonds as the same fall due, in like manner, and to the same extent, as to the original bond issue or any issue refunded.
History:
[(42-3009) 1925, ch. 21, sec. 9, p. 29; I.C.A., sec. 41-2609.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3101 - SHORT TITLE.

42-3101. SHORT TITLE. This act may be known and cited as the "Flood Control District Act."
History:
[42-3101, added 1971, ch. 300, sec. 1, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3102 - POLICY OF STATE.

42-3102. POLICY OF STATE. It is hereby recognized by the legislature that the protection of life and property from floods is of great importance to this state. It is therefore declared to be the policy of the state to provide for the prevention of flood damage in a manner consistent with the conservation and wise development of our water resources and thereby to protect and promote the health, safety and general welfare of the people of this state.
History:
[42-3102, added 1971, ch. 300, sec. 2, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3103 - DEFINITIONS.

42-3103. DEFINITIONS. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:
(1) "Board" or "board of commissioners" means the board of commissioners of the flood control district.
(2) "Commissioner" means a member of the board of commissioners of the flood control district.
(3) "Debris removal" means to remove from the channels and banks of streams any artificial debris, plants and other materials that obstruct or are likely to obstruct the flow of water therein and thereby cause flooding or interfere with the lawful diversion and beneficial use of water.
(4) "Department" means the department of water resources, state of Idaho.
(5) "Director" means the director of the department of water resources, state of Idaho.
(6) "District" means any flood control district organized by authority of this act or prior acts of the Idaho legislature.
(7) "Flood" or "flooding" means the inundation of normally dry land areas with water caused by the overflow or rise of rivers, streams or lakes, and other surface watercourses, or the unusual and rapid accumulation or runoff of surface waters from any source.
(8) "Flooding emergency" means a circumstance in which the board has determined that the district is required to take immediate action to protect life or property from injury or damage resulting from existing or imminent flooding.
(9) "Flood fight" means the activities and operations authorized by the board in response to a flooding emergency.
(10) "State" means the state of Idaho.
(11) "Structural works of improvement" means any undertaking for flood prevention, including structural and land treatment measures, and for 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.
History:
[41-3103, added 1971, ch. 300, sec. 3, p. 1219; am. 2014, ch. 72, sec. 1, p. 183.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3104 - DISTRICTS — COMPOSITION — DESIGNATED BY NUMBER.

42-3104. DISTRICTS — COMPOSITION — DESIGNATED BY NUMBER. Flood control districts, composed of any portion of a county, or any county or counties requiring flood control, may be established pursuant to this act and when so established shall be governmental subdivisions of this state and public bodies, corporate and politic. Districts shall be assigned a number by the department and shall have all of the powers and duties conferred by law upon such districts.
History:
[42-3104, added 1971, ch. 300, sec. 4, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3105 - PETITION TO ESTABLISH DISTRICT — CONTENTS.

42-3105. PETITION TO ESTABLISH DISTRICT — CONTENTS. A petition, signed by one-third (1/3) or more of the qualified voters residing within the territory of the proposed district may be filed with the director of the department of water resources asking that a district be organized in the territory described in the petition. Such petition shall set forth:
1. The object of the organization of the district.
2. The temporary boundaries of the proposed district.
3. That the establishment of said district, and the proposed method or system of flood control is a proper and advantageous method of accomplishing the relief sought or the benefits to be secured.
4. That the establishment of said district and the reservoirs, dams, levees, dikes, power plants, plans of irrigation and drainage improving, enlarging, widening, deepening, or straightening existing watercourses or rivers or the removal of natural obstructions therefrom or any other thing to be done will be conducive to the public health and welfare or will increase the public revenue.
History:
[42-3105, added 1971, ch. 300, sec. 5, p. 1219.]