48-2337

48-2337. Additional power to make contracts and agreements; contents; effect of contract on landowners' rights

A. The board of directors shall enter into, execute, acknowledge, deliver and perform all contracts or agreements which it finds in the best interest of the district, with any person, firm or corporation, or with the United States or the state, or any department or agency thereof, or with any county or other political subdivision of the state, or any board, commission or officials of either:

1. For the storage, regulation, control, development and distribution of water for the irrigation of lands within the district, for the use, control and disposal of drainage water within the district or for flood control purposes.

2. For the construction, extension, enlargement, operation, control, maintenance and management of any works or other property of the district, or over which it has control or which may be useful for the irrigation or drainage of land within the district, or for flood control purposes.

3. For providing or furnishing power or any means of communication for the use of the owners or occupants of land within the district.

4. To reduce the cost of irrigation, drainage and power to the owners of the lands in the district by the sale of surplus water or power produced, owned or controlled by the district, and the acquisition, construction, maintenance, extension and replacement of the works useful for such purpose and the financing and refinancing of any real or personal property useful for such purpose through the issuance of bonds authorized by articles 6 and 7 of this chapter, and through contractual debt, borrowing of money, sale, lease and trust financing arrangements. Such contractual debt, borrowing of money, sale, lease or trust financing arrangements are not subject to the requirements of articles 6 and 7 of this chapter.

5. To finance or refinance as its own obligation all or any part of any debt incurred or proposed to be incurred by any public or private agency in the construction, maintenance, improvement or replacement of the structures and equipment necessary or useful for the accomplishment of any of such purposes, either by the issue and sale of bonds or by exchange of bonds for outstanding obligations of such public or private agency or by assuming or guaranteeing the payment thereof.

6. For any one or more or all of said purposes.

B. The board shall provide in any contract entered into with the United States, or any corporation, association or irrigation district operating a United States reclamation project, that the lands included in the agricultural improvement district shall be entitled, either upon execution of the contract or upon compliance with the terms and conditions thereof, to become a part of the project with either full or partial proportionate interest in any or all irrigation, drainage, electric power or other works and property of the project, including revenues derived from any such works.

C. Nothing in this section or in sections 48-2335 and 48-2336 shall be construed to affect or modify in any manner, or is intended to affect or modify the rights of any landowner within the district to the use of water for the irrigation of his land located within the district, as such rights may be fixed at the time of the organization of the district, nor to authorize the board of directors, without consent of the landowner, to change or modify any such rights of the landowner.