Section 42-4401 – SHORT TITLE.
42-4401. SHORT TITLE. The provisions of this chapter may be known and cited as the "Levee District Act." History: [42-4401, added 1990, ch. 396, sec. 1, p. 1108.]
Section 42-4402 – POLICY OF STATE.
42-4402. POLICY OF STATE. It is hereby recognized by the legislature that the protection of life and property from the containment of water stored for irrigation, the storage of winter flows and excess waters for irrigation purposes, and flood waters are of great importance to this state. It is therefore declared to be the policy […]
Section 42-4403 – DEFINITIONS.
42-4403. DEFINITIONS. As used in this chapter: (1) "Board" or "board of commissioners" means the board of commissioners of the levee district. (2) "Commissioner" means a member of the board of commissioners of the levee district. (3) "District" means any levee district organized under the provisions of this chapter. (4) "Levee" means a retaining structure […]
Section 42-4404 – CORPORATE POWERS OF LEVEE DISTRICTS.
42-4404. CORPORATE POWERS OF LEVEE DISTRICTS. Any portion of a county requiring the maintenance, operation, or construction of a levee to contain irrigation water or to prevent flooding, may be organized into a levee district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power […]
Section 42-4405 – PETITION FOR ORGANIZATION.
42-4405. PETITION FOR ORGANIZATION. For the purpose of the formation of a levee district a petition shall be presented to the clerk of the district court of the county in which the greater portion of the lands of the proposed levee district are located. The petition must be signed by at least one-fourth (1/4) of […]
Section 42-4406 – PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.
42-4406. PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES. The petitioners for formation of a levee district shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which the proposed district is to be located. The bond shall run to […]
Section 42-4407 – JURISDICTION TO ESTABLISH DISTRICTS.
42-4407. JURISDICTION TO ESTABLISH DISTRICTS. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish levee districts which may be entirely within or partly within and partly without the judicial district in which said court is located. […]
Section 42-4408 – ACTION ON PETITION — NOTICE OF HEARING.
42-4408. ACTION ON PETITION — NOTICE OF HEARING. Immediately after the filing of the petition for formation of a levee district the judge of the court shall fix a time for the hearing on the petition by order made by him, which order shall provide that said petition and notice of hearing be published for […]
Section 42-4409 – HEARINGS ON PETITIONS — OBJECTION TO INCLUSION.
42-4409. HEARINGS ON PETITIONS — OBJECTION TO INCLUSION. On the day fixed for such hearing or at any adjournment thereof the court shall ascertain from the tax rolls of the county or counties in which the district is located or into which it extends, the total number of taxpayers within the proposed district who pay […]
Section 42-4410 – NOMINEES FOR BOARD OF COMMISSIONERS.
42-4410. NOMINEES FOR BOARD OF COMMISSIONERS. If upon the hearing as provided in section 42-4409, Idaho Code, the court shall order an election for the creation of the district, nominees for the board of commissioners of the district shall be nominated by the filing of petitions in accordance with the provisions of section 34-1404, Idaho […]
Section 42-4411 – ELECTION.
42-4411. ELECTION. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the creation of the district, and also the form of the ballot relating to the election of the commissioners, provided, that all matters may be contained upon one (1) […]
Section 42-4412 – ENTRY OF ORDER.
42-4412. ENTRY OF ORDER. If a majority of the votes cast at the election are in favor of the organization of the levee district, the district court shall declare the levee district organized, shall give it a corporate name by which, in all proceedings, it shall thereafter be known, and designate the first board of […]
Section 42-4413 – FINALITY OF ORDER.
42-4413. FINALITY OF ORDER. If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district against all persons except the state of Idaho, in […]
Section 42-4414 – OFFICERS — MEETINGS.
42-4414. OFFICERS — MEETINGS. The board of commissioners of such district shall elect one (1) of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The levee district commissioners shall hold their meetings for the transaction of business at any place in the county or counties in which the […]
Section 42-4415 – VACANCIES.
42-4415. VACANCIES. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one (1) or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the remaining commissioners and said appointee shall serve for the unexpired term […]
Section 42-4416 – COMMISSIONERS — POWERS AND DUTIES.
42-4416. COMMISSIONERS — POWERS AND DUTIES. The board of commissioners of levee districts shall have the following powers and duties: (1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of maintenance, operation, and/or construction of the levees and equipment of the district, and […]
Section 42-4417 – MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
42-4417. MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT. Any levee 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: […]
Section 42-4418 – INTERESTED PERSONS — RIGHT OF EXAMINATION.
42-4418. INTERESTED PERSONS — RIGHT OF EXAMINATION. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a levee 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 […]