42-711. Powers of directors.
42-711
42-711. Powers of directors.(a) The board of directors, its agents and employees shall have theright to enter upon any land within the district to make surveys and locatethe lines of the canals and the necessary branches and laterals for suchcanals and to maintain and keep in good repair the irrigation and drainageworks within districts.
(b) The board of directors shall have the power to acquire by purchase,condemnation or otherwise, rights of way for ditches and canals and sitesfor dams, reservoirs and pumping plants and all lands, water rights,easements and other property necessary for the construction, use,maintenance, repair and improvement of dams, reservoirs, canals andelectric power lines for the conveyance of electricity and gas to operatepumping plants, and all necessary appurtenances thereto.
(c) The board ofdirectors of Cedar Bluff irrigation district No. 6 shall have the power toreceive, hold and dispose of real and personal property acquired from theUnited Statesdepartment of interior or bureau of reclamation.
(d) The board of directors shall have the right, subject to thelimitations contained in this act, to acquire any existing irrigationworks, ditches, canals, reservoirs and dams for the use of thedistrict.
(e) The board of directors shall have full power to do any andallthings required by the federal statutes now or hereafter enacted, and anyand all rules and regulations thereunder in connection with any contractbetween the United States and the district for the construction, operationand maintenance of any and all necessary works for the storage anddistribution of water therein for beneficial use.
(f) The board of directors shall have the power, subject tolimitationscontained in this act, to determine a plan or method for raising funds tofinance the costs of construction and maintenance, or irrigation anddrainage works within the district, and to provide funds for the purchaseof existing irrigation or drainage works. Such plan may provide for theissuance of bonds, or for the payment of construction costs or purchaseprice or both, by creating a fund obtained from water rentals or charges towater users, or for a combination of such methods for raising funds. Theterm "works" as used in this act shall include canals, irrigation ditches,pipe lines, pumping plants, drainage ditches, rights of way, easements,reservoirs, dams and necessary sites for pumping plants, reservoirs anddams and drainage and other property required for completeoperation ofa system of irrigation.
(g) The board of directors shall have the power to borrow fromtheUnited States, its instrumentalities, departments or agencies, such sums ofmoney as may be necessary for constructing, completing, finishing oroperating their works, and to mortgage their corporate property andacquired water rights to secure the payment of any debt contracted by thecorporation for such purposes and such authority is declaredto be anexception to the cash-basislaw.
(h) The board of directors shall be empowered to exercise allrights,authority, express and implied, that may be necessary to do and perform andcarry out all of the expressed purposes of this act and all purposesreasonably implied and incidental thereto.
(i) The board of directors shall have the power and authoritywhen it isdeemed necessary to protect the interests of the district, or the electorsthereof, or to protect the interests of the bondholders or other creditorsof the district, if funds are available, to purchase any land offered forsale in tax foreclosure proceedings or subject to sale by issuance of taxdeed to purchaser by the county. The board may acquire, ownand sell such lands in accordance with best interests of the district. Thelegaltitle to all property acquired by district shall vest in the district itscorporate name.
History: L. 1941, ch. 262, § 11;L. 1993, ch. 212, § 1; July 1.