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.]
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 […]
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 […]
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 […]
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 […]
Section 42-3106 – DIVISION OF DISTRICT — MAPS AND SURVEYS.
42-3106. DIVISION OF DISTRICT — MAPS AND SURVEYS. The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such surveys of the territory to be effected by […]
Section 42-3107 – PUBLICATION OF NOTICE — CONTENTS.
42-3107. PUBLICATION OF NOTICE — CONTENTS. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the general boundaries of said district, the general outline of […]
Section 42-3108 – HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING.
42-3108. HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections to the organization of the district. The petition shall be […]
Section 42-3109 – BOARD MEMBERS — APPOINTMENT — BOND OF COMMISSIONERS — OATH — REMOVAL.
42-3109. BOARD MEMBERS — APPOINTMENT — BOND OF COMMISSIONERS — OATH — REMOVAL. The order of the director organizing said district shall name the members of the board without regard to political affiliation. Each division of the district shall be represented by one (1) commissioner who shall be a qualified voter within the division which […]
Section 42-3110 – ORGANIZATION OF BOARD — APPROVAL BY COURT.
42-3110. ORGANIZATION OF BOARD — APPROVAL BY COURT. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition praying that all of the proceedings prior thereto may be examined […]
Section 42-3111 – COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES.
42-3111. COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES. Annually on the same day the district was organized the director shall appoint a commissioner or commissioners whose term expires. Each commissioner thereafter who may be appointed shall qualify by taking the oath and filing a bond which shall be approved in the same manner […]
Section 42-3112 – VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR.
42-3112. VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR. If vacancies occur in said board through death, resignation, or failure to qualify of one (1) or more of the commissioners, such vacancy shall be filled by appointment by the director and said appointee shall be from the same division of the district as the commissioner whom […]
Section 42-3113 – MEETINGS OF BOARD — REGULAR — SPECIAL.
42-3113. MEETINGS OF BOARD — REGULAR — SPECIAL. The board shall designate the official location of their office, which shall be within said district. Regular meetings of the board shall be held monthly on a uniform day of a uniform week as shall be determined by the board except that by and with the prior […]
Section 42-3114 – COMPENSATION OF COMMISSIONERS.
42-3114. COMPENSATION OF COMMISSIONERS. The commissioners of the district shall fix the compensation they shall each receive for their services, not to exceed the sum of one hundred dollars ($100) per day, and shall fix the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away […]
Section 42-3115 – COMMISSIONERS — POWERS AND DUTIES.
42-3115. COMMISSIONERS — POWERS AND DUTIES. The board of commissioners of flood control 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 construction, costs of operation and maintenance of the work and equipment of […]
Section 42-3116 – DIRECTOR’S APPROVAL — WHEN REQUIRED.
42-3116. DIRECTOR’S APPROVAL — WHEN REQUIRED. (1) In the event that the district’s activities and operations will alter a stream channel within the meaning of section 42-3802, Idaho Code, the district shall obtain the director’s prior approval pursuant to chapter 38, title 42, Idaho Code. (2) The district’s conduct of a flood fight in response […]
Section 42-3117 – CONTRACTS SUBMITTED TO VOTERS — NOTICE — ELECTION.
42-3117. CONTRACTS SUBMITTED TO VOTERS — NOTICE — ELECTION. Whenever any contract with the United States or any agency thereof or, the state, is proposed to be entered into by any district which would create indebtedness in excess of the moneys on hand or the funds to be realized from their budget for the year […]
Section 42-3118 – ELECTORS — QUALIFICATIONS.
42-3118. ELECTORS — QUALIFICATIONS. No person shall be entitled to vote at an election for the purpose of raising the authorized maximum levy or the ratification of contracts by a flood control district, or for any other purpose in connection with said district, unless at the time of the election he is: 1. An elector […]
Section 42-3119 – TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.
42-3119. TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said […]
Section 42-3120 – ENLARGEMENT OF DISTRICT — PETITION.
42-3120. ENLARGEMENT OF DISTRICT — PETITION. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least one-third (1/3) of the qualified voters in the […]