reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2917 - CHANGES IN ORIGINAL PLANS.

42-2917. CHANGES IN ORIGINAL PLANS. The commissioners shall not be confined to the point of commencement, route or terminus of any drain or ditch, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work as proposed by the petitioners, but shall locate, lay out and plan the same in such manner as to them shall seem best designed to promote the public health or welfare and to drain or protect the lands of the parties interested with the least damage and the greatest benefit to all lands to be affected thereby; any plan proposed by the commissioners may, on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.
History:
[(42-2917) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:15; C.S., sec. 4508; I.C.A., sec. 41-2517.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2918 - ALTERATION OF BOUNDARIES.

42-2918. ALTERATION OF BOUNDARIES. If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and not necessary to be included in said district for any purpose, they may extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them may, upon the hearing of their report as hereinafter provided, upon their application or that of any person interested, be altered by the court in such manner as shall appear to be just: provided, the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable.
History:
[(42-2918) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:16; C.S., sec. 4509; I.C.A., sec. 41-2518.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2919 - REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.

42-2919. REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION. If the commissioners shall find after the investigation referred to that the cost, expenses and damages are more than equal to the increased value which will accrue to the lands within the district, they shall so report and the proceedings shall be dismissed. But if the commissioners shall report that the whole cost of the work including preliminary surveys and expenses, legal assistance and court costs will be less than the increase in value to accrue therefrom, they shall so report to the court, and the court shall then make and enter an order fixing a time and place when and where all persons interested may appear and contest the confirmation thereof, and the clerk of the court shall cause notices of the time and place of said hearing to be given to all parties interested by the publication of a notice thereof for at least three successive weeks prior to the date set for such hearing in one or more newspapers published in said county or counties which notice shall contain a description of all land affected and the amount of the assessments and damages awarded in said report and by personally serving or sending by registered mail a copy of said notice to each landowner at his post-office address in so far as the same can be ascertained, and if not known, then to their last known post-office address, at least twenty days before the date appointed for said hearing, but failure to receive such notice shall not invalidate any assessment.
History:
[(42-2919) 1913, ch. 16, part of sec. 10, p. 58; reen. C.L. 168:17; am. 1919, ch. 183, sec. 5, p. 558; C.S., sec. 4510; I.C.A., sec. 41-2519.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2920 - OBJECTIONS.

42-2920. OBJECTIONS. Any of the landowners or any person or corporation affected by the work proposed may appear on the day set for hearing said report and remonstrate against the whole or any part of the proposed work. Such remonstrance shall be verified by affidavit, and shall set forth the objections of the affiant, whether they go to the jurisdiction of the commissioners or the court or not, or whether they rest on any other fact, as that some lands are assessed too high or too low or improperly, or that lands are assessed which ought not to be, or that lands should be assessed which are not assessed, or that the plans for said proposed work should be changed, or that the boundaries of said district should be altered so as to include or exclude certain lands, or by any persons or corporations to whom damages are allowed that they are inadequate, or by any person or municipality that the public health or welfare will not be promoted by the proposed work.
History:
[(42-2920) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:18; C.S., sec. 4511; I.C.A., sec. 41-2520.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2921 - HEARING ON CONFIRMATION.

42-2921. HEARING ON CONFIRMATION. The remonstrants shall set forth objections to the confirmation of the report of the commissioners by stating separately, first, legal objections, second, issues of fact to be tried by the court, third, issues of fact to be tried by the jury. The district court of said county shall fix a time for the hearing of the objections giving such proceedings preference over other civil actions pending, and on demand of any person or corporation assessed for the cost of construction or awarded damages, may impanel a jury and take its verdict upon the trial of such issue, whether the amount of damages awarded by the commissioners is adequate, or whether the assessment of any remonstrant demanding the review is too high, and the court or jury may assess the same. All other issues arising on remonstrance shall be tried by the court, and if the court finds that the report requires modification the same may be referred to the commissioners who may be required to modify it in any respect. The report of the commissioners shall be prima facie evidence of the allegations therein set forth and the remonstrants shall be considered as plaintiffs and have the burden of establishing their objections thereto. In any case between the commissioners and any remonstrant the court may award and apportion the costs; costs awarded against the commissioners shall be paid out of the funds realized for the assessments made.
History:
[(42-2921) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:19; am. 1919, ch. 183, sec. 6, p. 558; C.S., sec. 4512; I.C.A., sec. 41-2521.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2922 - FINDINGS AND DECREE.

42-2922. FINDINGS AND DECREE. If the findings be awarded against the validity of the proceedings the same may be dismissed. If the findings be in favor of the validity of the proceedings, the court, after the report shall have been modified to conform to the findings, or if there be no remonstrances, shall confirm the same, and the order of confirmation shall be final and conclusive, the proposed work shall be established and authorized and the proposed assessments approved subject to the right of appeal to the supreme court.
History:
[(42-2922) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:20; C.S., sec. 4513; I.C.A., sec. 41-2522.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2923 - SUPPLEMENTAL REPORT.

42-2923. SUPPLEMENTAL REPORT. The court may also permit the commissioners to present and file a supplemental report as to any matter which, pursuant to the provisions of section 42-2914[, Idaho Code,] might have been included in the original report presented by them, and after reasonable notice given to parties adversely interested in such manner as the court may direct, the court may, upon the hearing in the matter, make such order as the same may require.
History:
[(42-2923) 1913, ch. 16, part of sec. 11, p. 58; compiled and reen. C.L. 168:21; C.S., sec. 4514; I.C.A., sec. 41-2523.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2924 - APPEALS.

42-2924. APPEALS. Every person or corporation feeling himself or itself aggrieved by the judgment for damages or the assessment for benefits may appeal to the supreme court of this state in the manner provided by law for appeals in civil actions to the Supreme Court within thirty (30) days after the entry of the judgment confirming the report of the commissioners; and such appeal shall bring before the supreme court the propriety and justness of the amount of damages or assessment of benefits in respect to the parties to the appeal. Upon such appeal no bond shall be required and no stay shall be allowed.
History:
[(42-2924) 1913, ch. 16, sec. 13, p. 58; reen. C.L. 168:22; C.S., sec. 4515; I.C.A., sec. 41-2524.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2925 - PROCEDURE ON DISMISSAL OF PROCEEDINGS.

42-2925. PROCEDURE ON DISMISSAL OF PROCEEDINGS. In case the report of the commissioners hereinbefore provided for shall not be confirmed upon the hearing of the objections and remonstrances thereto, the court or judge shall dismiss such proceedings and in such case judgment shall be rendered for the costs and expenses of said proceedings against said district, and no further proceedings shall be had or done thereon; and in that event the commissioners within thirty (30) days after such dismissal shall file with the clerk of the court a statement of all costs and expenses incurred by them which statement shall be itemized and verified by the oath of one (1) of the commissioners: provided, that in case of such dismissal the said commissioners shall have the right of appeal to the Supreme Court and such appeal shall be taken in the same manner as provided for in section 42-2924[, Idaho Code].
History:
[(42-2925) 1913, ch. 16, sec. 14, p. 58; reen. C.L. 168:23; C.S., sec. 4516; I.C.A., sec. 41-2525.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2926 - PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS.

42-2926. PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS. Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor and upon furnishing evidence satisfactory to the court that he be entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or it may be found entitled to; but, if upon application, the court or judge thereof shall decide that the title to the land, real estate or premises specified in the application of such claimants is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate or premises be determined according to law.
History:
[(42-2926) 1913, ch. 16, sec. 15, p. 58; reen. C.L. 168:24; C.S., sec. 4517; I.C.A., sec. 41-2526.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2927 - LANDS OF STATE AND ITS SUBDIVISIONS.

42-2927. LANDS OF STATE AND ITS SUBDIVISIONS. All state, county, school district or other lands belonging to other public corporations requiring drainage shall be subject to the provisions of this chapter, and such corporations, by and through the proper authorities, shall be made parties in all proceedings herein affecting said lands, and shall have the same rights as private persons, and their lands shall be subject to the rights of eminent domain the same as the lands of private persons or corporations.
History:
[(42-2927) 1913, ch. 16, sec. 35, p. 58; reen. C.L. 168:25; C.S., sec. 4518; I.C.A., sec. 41-2527.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2928 - LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT.

42-2928. LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT. In case lands belonging to the state, county, school district or other public corporation are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against said lands, and the same shall be paid by the proper authorities of such public corporations at the same time and in the same manner as assessments are called and paid in cases of private persons, out of any general fund of such corporations.
History:
[(42-2928) 1913, ch. 16, sec. 36, p. 58; reen. C.L. 168:26; C.S., sec. 4519; I.C.A., sec. 41-2528.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2929 - SUBSEQUENT ASSESSMENT OF PUBLIC LANDS.

42-2929. SUBSEQUENT ASSESSMENT OF PUBLIC LANDS. In case there are any lands included in any drainage district which cannot be assessed because of the title being in the United States government, or because of it being land not yet proved up on [upon], or being Indian land, or for any other reason, then in that event, the drainage commissioners are, at any future date when said lands come under the jurisdiction of the drainage district, authorized to assess said lands for all benefits bestowed, the same as though said lands were originally assessable, and notice of the intention to so assess together with the amounts of assessment filed by the drainage commissioners with the recorder of the county in which said district is located, shall be notice to all subsequent purchasers and encumbrancers.
History:
[(42-2929) 1913, ch. 16, part of sec. 41, p. 58; reen. C.L. 168:27; C.S., sec. 4520; I.C.A., sec. 41-2529.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2930 - ADDITIONAL LEVY — NOTICE.

42-2930. ADDITIONAL LEVY — NOTICE. In the event that the amount levied shall be insufficient to complete the contemplated improvement, then the board shall levy an additional assessment sufficient to complete the same, including the cost of collection, and all legal and other proceedings in connection therewith. Such additional levy shall be made against the same property, and in the same proportion against each, as was the original levy, and after approval thereof by the judge, before whom said proceedings are pending, shall be spread on the books of the auditor and tax collector in the same manner as is required in the case of the original levy. A brief general notice of the filing of the application for confirmation of such additional levy shall be published in a newspaper of general circulation in each of the counties in which such district is situate, at least once each week, for three (3) consecutive weeks prior to the date fixed for confirmation.
History:
[(42-2930) 1919, ch. 183, sec. 7, p. 558; C.S., sec. 4521; I.C.A., sec. 41-2530.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2931 - ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS.

42-2931. ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS. In any case where the work set out in the plan for drainage as provided in this chapter, or the work or improvements and the system of diking and reclamation constructed or in process of construction, are deemed or found by the board of commissioners of any drainage district at any time before or after the completion thereof to be insufficient or inadequate for any reason or by reason of any occurrence or circumstance, said board may order and cause to be done and constructed (in the manner provided and permitted by this chapter and subject to the judicial proceedings required by this chapter) additional work and improvements for the purpose of rendering sufficient and adequate the work and improvements and system of reclamation and drainage already constructed or for the purpose of reconstructing and for the preservation of the same; and also in any case where in the judgment of said board, new, additional or separate works and improvements (in the nature of original construction or reconstruction work and improvements) shall be or become necessary for the sufficient, safe and adequate drainage and reclamation of said district or for the safety and preservation of the work, improvements and system already constructed, said board may order and cause to be done and constructed such new, additional and separate works and improvements; and a new estimate of benefits may be made in each and all of said cases based on the additional or separate additional work or construction or reconstruction work proposed; and additional assessments for each or all of such additional or separate works and improvements may be made on the lands benefits in conformity with the procedure provided in this chapter as in the case of original construction; and the lands in said district, or any part of such lands, shall be assessed in proportion to the benefits estimated as accruing to such lands because of such additional or separate work and improvements or because of such separate or additional construction and reconstruction work and improvements. The provisions of chapter 29 shall apply to all proceedings had or matters or things done pursuant to the authorization of this section, the necessary substitutions and changes being made because of any variant circumstances.
History:
[(42-2931) 1913, ch. 16, part of sec. 41, p. 58; compiled and reen. C.L. 168:28; C.S., sec. 4522; I.C.A., sec. 41-2531; am. 1935, ch. 49, sec. 1, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2932 - FEES FOR SERVICE OF PROCESS.

42-2932. FEES FOR SERVICE OF PROCESS. Fees for service of all process necessary to be served under the provisions of this chapter shall be the same as for like services in other civil cases, or as is or may be provided by law.
History:
[(42-2932) 1913, ch. 16, sec. 37, p. 58; reen. C.L. 168:29; C.S., sec. 4523; I.C.A., sec. 41-2532.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2933 - DISTRICT COURT MAY ENFORCE CHAPTER.

42-2933. DISTRICT COURT MAY ENFORCE CHAPTER. The district court may compel the performance of the duties imposed by this chapter, and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.
History:
[(42-2933) 1913, ch. 16, sec. 38, p. 58; reen. C.L. 168:30; C.S., sec. 4524; I.C.A., sec. 41-2533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2934 - ASSESSMENTS — WHEN INCONTESTABLE.

42-2934. ASSESSMENTS — WHEN INCONTESTABLE. The collection of any assessments of benefits made by the commissioners and confirmed by the court shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.
History:
[(42-2934) 1913, ch. 16, part of sec. 40, p. 58; reen. C.L. 168:31; C.S., sec. 4525; I.C.A., sec. 41-2534.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2935 - ASSESSMENT ROLL.

42-2935. ASSESSMENT ROLL. Upon the entering of the order confirming the apportionment of costs and awarding of damages as hereinbefore provided for, the clerk of said court shall immediately prepare a transcript which shall contain a list of all lands which are so assessed and awarded damages in said report and shall certify the same to the recorder of the county in which said lands are situated and said statement so certified shall specify the amount of the assessment upon each tract, parcel or governmental subdivision, and shall describe all rights of way or easements required by the district and the amount of damages awarded to the owners thereof; and the said county recorder shall thereupon enter such order of record and the same shall be notice of a lien of said assessment of all persons, and shall establish the right of way and easement of the district in and to the lands so described and said district shall be thereafter entitled to enter upon and occupy said lands upon the payment to the owner of the amount of damage so awarded.
History:
[(42-2935) 1913, ch. 16, part of sec. 16, p. 58; reen. C.L. 168:32; am. 1919, ch. 183, sec. 8, p. 558; C.S., sec. 4526; I.C.A., sec. 41-2535.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2937 - ASSESSMENT TO PAY JUDGMENT OF DISMISSAL.

42-2937. ASSESSMENT TO PAY JUDGMENT OF DISMISSAL. In event of the dismissal of said proceedings, as hereinbefore provided, said drainage commissioners shall levy a tax upon all the real estate within said district, taking as a basis the last equalized assessment of said real estate for state and county purposes sufficient to pay said judgment and the cost of levying said tax, and shall cause said tax roll to be filed in the office of the clerk of the district court in which such judgment was rendered. If said tax is not paid within one year after the filing of said tax roll, the court shall, upon the application of any party interested, direct said real estate to be sold in payment of said tax, said sale to be made in the same manner and by the same officer as is or may be provided by law for the sale of real estate for taxes for general purposes; and the same right of redemption shall exist as in the sale of real estate for the payment of taxes for general purposes.
History:
[(42-2937) 1913, ch. 16, sec. 17, p. 58; reen. C.L. 168:34; C.S., sec. 4528; I.C.A., sec. 41-2537.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2938 - CONSTRUCTION AND MAINTENANCE OF DRAINAGE WORKS — EXECUTIVE POWERS OF COMMISSIONERS.

42-2938. CONSTRUCTION AND MAINTENANCE OF DRAINAGE WORKS — EXECUTIVE POWERS OF COMMISSIONERS. Said board of drainage commissioners hereinbefore provided for shall have the exclusive charge of the construction and maintenance of all drainage systems which heretofore have been or may be hereafter organized under the provisions of this chapter, and shall be the executive officers thereof, with full power to bind such district by their acts in the performance of their duties as provided by law.
History:
[(42-2938) 1913, ch. 16, part of sec. 8, p. 58; reen. C.L. 168:35; C.S., sec. 4529; I.C.A., sec. 41-2538.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2939 - GENERAL POWERS OF DISTRICT.

42-2939. GENERAL POWERS OF DISTRICT. All drainage districts organized under the provisions of this chapter shall have the right of eminent domain, with power by and through their boards of commissioners to cause to be condemned and appropriated private property for the use of said corporation in the construction and maintenance of a system of drainage, and to make just compensations therefor, to employ engineers, and such other assistants as may be necessary; to survey, plan, locate and estimate the cost of the works necessary for the reclamation of the lands of the district; to acquire and to hold by purchase, condemnation or other legal means, the right of way and the right to take material for the construction of all works necessary for the accomplishment of that object; to build and maintain drains, canals, sluices, bulkheads, water gates, levees and embankments; to establish and maintain pumping plants and to construct and maintain and keep in repair all works requisite and necessary to the end that the lands in the district may be reclaimed.
For the purpose of the drainage of any such district, the whole or any portion of any natural water course, or river, which drains such district, may be diked, improved, enlarged, widened, deepened or straightened, or any natural obstruction may be removed therefrom.
Said board of drainage commissioners shall have power to provide by contract for the performance and payment of all or any portion of the work requisite or necessary for the drainage of the lands included within the limits of such district, or to enter into any contract whereby all or any portion of the cost of such work shall be paid, assumed or undertaken by such district, and to do all things requisite or necessary for the drainage of said lands.
Work for the drainage of said lands may be performed either entirely or partly within the limits of such district, or of the county in which such district is located, or entirely or partly within or without the boundaries of any other county, state, territory or foreign country: provided, that the property of private corporations may be subjected to the same rights of eminent domain as that of private individuals: provided further, that the said board of commissioners shall have power to acquire by purchase all the real property necessary to make the improvements herein provided for.
History:
[(42-2939) 1913, ch. 16, sec. 33, p. 58; reen. C.L. 168:36; C.S., sec. 4530; I.C.A., sec. 41-2539.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2940 - CONSTRUCTION OF WORKS — CONTRACTS.

42-2940. CONSTRUCTION OF WORKS — CONTRACTS. After the organization of any drainage district, the commissioners of such drainage district shall proceed as soon as they may deem expedient in the construction of said improvements; and in carrying on said construction or any extensions thereof they shall have the power to employ such assistance as they may deem necessary and purchase all materials that may be necessary in the construction and carrying on of the work of said improvements, and shall have power to let the whole or any portion of said work to any responsible contractor; and shall in such case enter into all agreements with such contractor that may be necessary in the premises.
History:
[(42-2940) 1913, ch. 16, part of sec. 18, p. 58; reen. C.L. 168:37; C.S., sec. 4531; I.C.A., sec. 41-2540.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2942 - COMMENCEMENT AND PROGRESS OF WORK.

42-2942. COMMENCEMENT AND PROGRESS OF WORK. The work on said improvement shall begin at a point or at points to be determined by said commissioners, and said work shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any contractor thereunder, shall have no power whatever to change such route or system of improvements or the manner of doing the work therein so as to make any radical changes in said improvements, without the written consent of all of the landowners to be benefited thereby, and of the landowners who may be damaged thereby.
History:
[(42-2942) 1913, ch. 16, part of sec. 19, p. 58; reen. C.L. 168:39; C.S., sec. 4533; I.C.A., sec. 41-2542.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2943 - CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT.

42-2943. CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT. In case any substantial changes in said system of improvement, or the manner and construction thereof, shall be deemed necessary by said board of commissioners at any time during the progress thereof, and the written consent to such changes cannot be procured from said landowners, then said commissioners for and on behalf of said district, shall file a petition in the district court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plans or manner of the construction of said improvement, and praying therein to be permitted to make such changes.
Upon the filing of said petition the court shall cause a summons to be served, setting forth the prayer of said petition under the seal of the said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or other persons having any lien or interest therein appearing of record in said district.
Any or all of said parties so served may appear in said cause and submit their objections thereto and after the time for the appearance of all said parties has expired, the court shall proceed to hear said petition at once, and if it appears during the course of said proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings, may call a jury to be impaneled in the manner provided by the Code of Civil Procedure, and upon the final hearing of said case the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition by reason of such proposed change, and the amount of compensation to be paid to any persons or corporation therefor, and for any additional right of way that may be necessary to be appropriated.
History:
[(42-2943) 1913, ch. 16, part of sec. 19, p. 58; compiled and reen. C.L. 168:40; C.S., sec. 4534; I.C.A., sec. 41-2543.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2944 - PAYMENTS TO CONTRACTORS.

42-2944. PAYMENTS TO CONTRACTORS. During the construction of said improvement, said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: provided, that no allowance or payment shall be made for said work to any contractor or subcontractor to exceed ninety per cent (90%) of the proportionate amount of the work completed by such contractor or subcontractor, and ten per cent (10%) of the contract price shall be reserved at all times by said board of commissioners until said work is wholly completed, and shall not be paid upon the completion of said work until ninety (90) days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvements. Upon the completion of said work and the payment of all claims hereinbefore provided for according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor.
History:
[(42-2944) 1913, ch. 16, sec. 20, p. 58; reen. C.L. 168:41; am. 1919, ch. 183, sec. 10, p. 558; C.S., sec. 4535; I.C.A., sec. 41-2544.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2945 - CONNECTIONS BY PRIVATE DRAINS — COSTS.

42-2945. CONNECTIONS BY PRIVATE DRAINS — COSTS. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any person or corporation shall desire to drain such lands into said system, and shall find it necessary, in order to do so, to procure the right of way over the land of another, or others, and if consent thereto cannot be procured from such person or persons, then such landowner may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of being able to connect his private drainage with said system, and pray therein that said system be extended to such point as he may designate in said writing, and immediately thereon said board of commissioners shall cause a petition to be filed in the district court for and in the name of said drainage district, requesting, in said petition, that said system be extended as requested, setting forth therein the necessity thereof and praying that leave be granted by the board to extend the system in accordance with the prayer of said petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof shall be, in all matters, the same as in the hearing and presentation of the original petition, for the establishment of the original system of drainage in said district, as far as applicable.
The costs in such proceedings shall be paid from the assessment of benefits to be made on the lands of the person or persons benefited by such extension, and the assessment and compensation for the right of way, damages and benefits and payment of damages and compensation, and the collection of the assessments for benefits shall be the same as in the proceedings under the original petition, and the construction of the said extension shall be made under the same provisions as the construction of the original improvement; and all things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance with the provisions already set forth herein for the establishment and construction of said original improvement: provided, that such petitioner or petitioners shall, at the time of filing such petition by said drainage commissioners, enter into a good and sufficient bond to said drainage district, in the full penal sum of $500, with two (2) or more sureties to be approved by the court, conditioned for the payment of all costs in case the prayer of said petitioner shall not be granted, which bond shall be filed in said court.
History:
[(42-2945) 1913, ch. 16, sec. 21, p. 58; reen. C.L. 168:42; C.S., sec. 4536; I.C.A., sec. 41-2545.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2947 - USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS.

42-2947. USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS. The whole or any portion of any natural watercourse which drains any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constructed prior to the passage of this chapter, or which may be constructed subsequent thereto, may be improved and completed as a system under the provisions of this chapter: provided, that the owner or owners of any land upon or in which any drainage system has been established or constructed in whole or in part or which may hereafter be constructed in whole or in part, may take advantage of the provisions of this chapter to organize same as a drainage district, for the purpose of completing same or for the purpose of making provision for the payment or funding of any indebtedness incurred in the construction of such system, or either; and providing for the maintenance thereof. The procedure to be followed in such case shall be the same as is herein provided for the organization of a drainage district in the first instance to the extent that same is applicable to the situation: provided, that the necessary changes and substitutions therein may be made: provided further, that in the improvement of any natural watercourse, the rights of the public therein for the purpose of navigation shall not be in any wise impaired.
History:
[(42-2947) 1913, ch. 16, sec. 24, p. 58; am. 1915, ch. 42, sec. 3, p. 123; reen. C.L. 168:44; C.S., sec. 4538; I.C.A., sec. 41-2547.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2948 - CONSTRUCTION OF DIKES ALONG PUBLIC ROADS.

42-2948. CONSTRUCTION OF DIKES ALONG PUBLIC ROADS. In the construction of any diking system under the provisions of this chapter, where it is desired to construct the same along the right of way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: provided, that the dikes so constructed along such road shall not destroy or impair the same for use as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be of use as a public highway.
History:
[(42-2948) 1913, ch. 16, sec. 39, p. 58; reen. C.L. 168:45; C.S., sec. 4539; I.C.A., sec. 41-2548.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2949 - PAYMENTS OF CLAIMS — OPTION FOR DEPOSIT AND DISBURSEMENT OF FUNDS — ISSUANCE OF CHECKS OR WARRANTS — INVESTMENT OF FUNDS

42-2949. PAYMENTS OF CLAIMS — OPTION FOR DEPOSIT AND DISBURSEMENT OF FUNDS — ISSUANCE OF CHECKS OR WARRANTS — INVESTMENT OF FUNDS . (1) The board of commissioners may issue warrants of such district, in payment of claims of indebtedness against such district; such warrants shall be in form and substance the same as county warrants, or as near the same as may be practicable and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chairman and attested by the secretary of said board: provided, that no warrants shall be issued by said board of commissioners in payment of any indebtedness of such district for less than face or par value.
(2) The board of commissioners may, in the alternative and as an option to subsection (1) of this section, elect by resolution to receive moneys due the district from the levy of taxes, assessments and other sources, to provide for the safekeeping and deposit of such moneys in accordance with the provisions of chapter 1, title 57, Idaho Code, and to pay all claims of indebtedness of the district allowed and approved by either warrant or check. If a drainage district elects this option, a certified copy of said resolution shall be served upon the board of county commissioners, the county auditor and the county treasurer. Upon allowance of claims by the board of commissioners, payment may be ordered by warrant or check signed by the chairman and the secretary. The secretary may be directed by resolution or order of the board to invest surplus funds in accordance with and subject to the provisions of chapter 1, title 57, Idaho Code, and section 50-1013, Idaho Code. The board of commissioners shall cause to be kept an accurate account of all moneys received, the sources from whence received, all moneys expended and the purposes to which applied.
History:
[(42-2949) 1913, ch. 16, part of sec. 6, p. 58; reen. C.L. 168:46; C.S., sec. 4540; I.C.A., sec. 41-2549; am. 1983, ch. 60, sec. 1, p. 139.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2950 - WARRANTS — PAYMENT — INTEREST.

42-2950. WARRANTS — PAYMENT — INTEREST. (1) All warrants issued under the provisions of this chapter shall be presented by the holder thereof to the county treasurer, who shall indorse thereon the day of presentation for payment, with the additional indorsement thereof in case of nonpayment that they are not paid for want of funds; and no warrant shall draw interest under the provisions of this chapter until it is so presented and indorsed by the county treasurer. And it shall be the duty of such treasurer, from time to time, when he has sufficient funds in his hands for that purpose, to advertise in the newspaper doing the county printing for the presentation to him for payment of as many of the outstanding warrants as he may be able to pay: provided, that thirty (30) days after the first publication of said notice of the treasurer calling in any of said outstanding warrants, said warrants shall cease to bear interest, which shall be stated in the notice. Said notice shall be published two (2) weeks consecutively, and said warrants shall be called in and paid in the order of their indorsement.
(2) If a board of commissioners has elected and complied with the provisions of section 42-2949(1), Idaho Code, and in the absence of funds to pay warrants issued, the board may by resolution order payment of warrants presented by registering such warrants as hereinafter provided, and at the same time shall prescribe the interest rate said warrants shall draw. All warrants issued shall be presented to the secretary of a drainage district by the persons holding the same. If there are insufficient funds to pay the warrants presented, the secretary must indorse thereon "not paid for want of funds," the date of indorsement, the rate of interest such warrant shall draw as fixed by resolution of the board of commissioners, and sign his name thereto; and thereafter the said warrant shall draw interest at the rate specified in such indorsement until called for payment. Warrants issued by a drainage district shall be paid in the order of their issuance from funds accruing for the year in which they are issued. After all outstanding indebtedness for any one (1) year has been paid, any balance for that year shall be transferred to a warrant redemption fund for payment of uncalled registered warrants. Where there is no outstanding indebtedness nor any uncalled registered warrants, any balance may be used for the payment of current expenses for the next fiscal year.
History:
[(42-2950) 1913, ch. 16, sec. 32, p. 58; reen. C.L. 168:47; C.S., sec. 4541; I.C.A., sec. 41-2550; am. 1983, ch. 60, sec. 2, p. 140.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2951 - LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT.

42-2951. LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT. Whenever any territory of the state of Idaho heretofore organized as a drainage district under the provisions of sections 2444 to 2483 inclusive, of the Revised Codes, shall be hereafter organized as a drainage district under the provisions of a subsequent drainage law, all debts incurred and warrants issued by the commissioners of said drainage district as heretofore organized, shall be and hereby are made legal and valid obligations against the district as organized under such subsequent drainage law: provided, however, that all debts incurred and warrants issued shall be reported to the district court by the commissioners who incurred said indebtedness or issued said warrants, or by any one of said commissioners, under oath, and be certified to as correct by the district judge of the county in which said district was located; and after such certification said district judge shall order a levy made for the payment of said obligations, and the taxes shall be collected the same as general taxes are collected: provided, however, that any creditor of any drainage district organized under sections 2444 to 2483 inclusive, of the Revised Codes, shall have the right of suit against said district, after reasonable notice of his claim to the commissioners therein, and their neglect or refusal to report said claim to the district court for certification as to its correctness: provided further, that in cases where the district as organized under a subsequent drainage law shall include other lands than were included in the district originally organized under sections 2444 to 2483 inclusive, of the Revised Codes, upon the certification of the correctness of the debts incurred and warrants issued by the commissioners of said district, by the district judge as herein provided, such debts incurred and warrants issued shall be deemed to be obligations upon the lands embraced within the limits of the district as originally organized under said sections 2444 to 2483 inclusive, of the Revised Codes, and be collected as herein provided.
History:
[(42-2951) 1913, ch. 17, sec. 1, p. 58; reen. C.L. 168:48; C.S., sec. 4542; I.C.A., sec. 41-2551.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2953 - FUNDING BONDS.

42-2953. FUNDING BONDS. Such commissioners may, at any time thereafter, issue such bonds in the manner and form herein prescribed for the purpose of funding any outstanding warrants or obligations of such district. In case of such last-named issue all the outstanding warrants shall immediately become due and payable upon receipt of the money by the county treasurer from the sale of said bonds, and upon a call of such outstanding obligations to be issued by him. Such call shall be made by said treasurer immediately upon the receipt of the proceeds from the sale of said bonds, by publication for two (2) consecutive weeks in the county paper authorized to do the county printing, and such warrants and outstanding obligations shall cease to draw interest at the end of thirty days after the date of the first publication.
History:
[(42-2953) 1913, ch. 16, part of sec. 25, p. 58; reen. C.L. 168:50; C.S., sec. 4544; I.C.A., sec. 41-2553.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 29 - DRAINAGE DISTRICTS › Section 42-2954 - FORM OF BONDS — INTEREST — MATURITIES.

42-2954. FORM OF BONDS — INTEREST — MATURITIES. Said bonds shall be numbered from one (1) upward, consecutively, and be in denominations of not less than $100 nor more than $1000. They shall bear the date of issue, shall be made payable to the bearer and bear interest, payable semi-annually, with coupons attached for each interest payment. The bonds shall be signed by the chairman of the board of drainage commissioners, and shall be attested by the secretary of said board, and the seal of such district shall be affixed to each bond, but not to the coupons. The coupons may be signed by the facsimile lithographed or engraved signatures of the said officers.
The board of commissioners shall fix the maturities of said bonds not exceeding forty (40) years from the date of their issuance and an amortization period which shall be not less than three-fourths (3/4) of the maximum maturity. During the first fourth of the period covered by the last maturity provision may be made, in the discretion of the board, for the payment of interest only. Maturities shall be so arranged that during at least the latter three-fourths (3/4) of the period covered by the last maturity the principal shall be amortized by payments thereof in annual or semi-annual instalments so arranged as to maturities that the combined principal and interest payments during the amortization period shall be approximately the same each year. Said bonds shall be payable at such place within or without the state of Idaho as may be designated by the board of commissioners. The issuing drainage district may reserve the right to redeem said bonds or any of them at any time after ten (10) years from date thereof.
History:
[(42-2954) 1913, ch. 16, sec. 26, p. 58; reen. C.L., 168:51; C.S., sec. 4545; am. 1927, ch. 179, sec. 1, p. 242; am. 1927, ch. 254, sec. 1, p. 429; am. 1929, ch. 78, sec. 1, p. 116; I.C.A., sec. 41-2554; am. 1935, ch. 49, sec. 3, p. 89; am. 1970, ch. 133, sec. 6, p. 309.]