76-5-1104. Construction of part
76-5-1104. Construction of part. (1) This part and each section thereof shall be construed as granting additional power without limiting the power already existing in cities, towns, and counties. (2) The provisions of this part and the methods of organization of water conservation and flood control projects are hereby declared to be an alternative method to any […]
76-5-1105. Division of work into parts
76-5-1105. Division of work into parts. Whenever any city, town, or county has begun a water conservation or flood control system, or both, under this part, the council, board, or other governing body shall have the power to divide the work into parts, sections, or districts; to omit parts of said work; and to contract for […]
76-5-1106. Requirements to change project boundaries — election
76-5-1106. Requirements to change project boundaries — election. The boundaries of a project once established may not be extended without approval by a majority of the electors residing in the area proposed to be annexed. The election must be held in accordance with the provisions of Title 13, chapter 1, part 5. History: En. Sec. 1, Ch. […]
76-5-1107. Direction and construction responsibility of state or federal government — local role
76-5-1107. Direction and construction responsibility of state or federal government — local role. This part contemplates that the actual direction of the project and the doing of the work in connection therewith is assumed by either the state or the federal government and the city, town, or county provides and assumes the cost of necessary right-of-way […]
76-5-1108. Acquisition of property
76-5-1108. Acquisition of property. (1) Cities, towns, and counties may acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, private property within the limits of the project that may be necessary to carry into effect the provisions of this part and to provide an outlet for the watercourses, either natural or artificial. Watercourses […]
76-5-1109. Contracts for use of railroads and highways
76-5-1109. Contracts for use of railroads and highways. A city, town, or county may contract with a railroad company or with the department of transportation for the use of railroad or highway rights-of-way and embankments and other railroad or highway property which can be utilized by the city, town, or county for the purpose of water […]
76-5-1110. Cooperation with governmental, public, and private agencies
76-5-1110. Cooperation with governmental, public, and private agencies. (1) Cities, towns, and counties may in accordance with the provisions of this part: (a) accept funds and property or other assistance, financial or otherwise, from federal, state, and other public or private sources for the purpose of aiding the construction and maintenance of water conservation and flood control […]
76-5-402. Permissible uses within flood plain but outside floodway
76-5-402. Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute: (1) any use permitted in the designated floodway; (2) structures, including but not […]
76-5-403. Prohibited uses within floodway
76-5-403. Prohibited uses within floodway. The following nonconforming uses shall be prohibited within the designated floodway: (1) a building for living purposes or place of assembly or permanent use by human beings; (2) a structure or excavation that will cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or reduce […]
76-5-404. Artificial obstructions and nonconforming uses
76-5-404. Artificial obstructions and nonconforming uses. (1) An artificial obstruction or nonconforming use in a designated flood plain or designated floodway enforced under 76-5-301(1) and (2) and not exempt under 76-5-401 through 76-5-403 or subsection (2) or (3) of this section is a public nuisance unless a permit has been obtained for the artificial obstruction or […]