Idaho State Statutes - Idaho Attorney Directory

CONTRACTS FOR DISTRIBUTION OF WATER, COLLECTION AND REMISSION OF
IRRIGATION DISTRICT ASSESSMENTS. Every city incorporated under the laws of the
state of Idaho shall have the power to enter into a contract in writing with
an irrigation district organized or hereafter organized under the laws of the
state of Idaho, or with any person, association or corporation where water has
been purchased or is being furnished or used for lands within said irrigation
district and within the boundaries of any such city, whereby such city shall
assume the duty of the distribution of such water to the persons within such
city having the right to the use thereof, and to receive such water at such
place as shall be provided for in such contract. Such city may enter into a
contract with any irrigation district to act as the agent of the irrigation
district and be empowered to collect any or all assessments or charges which
such irrigation district shall be authorized by law to levy upon all or any
part of the lands within such city. Such assessments shall be entered upon the
assessment roll as herein provided under an appropriate column to be known as
".............. Irrigation District Assessments" and shall remit to such
irrigation district, annually or at more frequent intervals as the contract
may provide[,] all moneys collected on account of such levy for the previous
year or other remittance period provided by the contract, less the commission
contracted to be paid for such collection. If the assessments become
delinquent and the property is redeemed from such delinquency, the city shall
remit the proportionate part of the amount collected on such delinquency, as
the amount due for bonds and interest on such parcels of property shall bear
to the other assessments contained in the original tax levy. If a tax deed is
taken by the city and thereafter the property so taken is sold as provided in
sections 50-1801 through 50-1835, Idaho Code, the irrigation district shall
likewise receive its proportionate part of the sale price of such property so
sold. Such city shall be entitled to compensation, for collecting assessments
and making payments to the irrigation district, in an amount equal to the
actual cost which the city incurred in collecting and making such payments.
The city shall certify to the district annually, not less than three (3) weeks
before the date set for making the annual assessment by the district, the
amount set by the city as the cost of collecting and making such payments to
the district, and that amount shall be included by the district in its
assessments or charges for that year against the lands for which the city
collects and makes payments to the district as provided by the contract.
Nothing in sections 50-1801 through 50-1835, Idaho Code, shall be construed to
make said city primarily liable for any such irrigation district assessments
to be collected or obligations, except for the faithful remittance of the
funds collected; provided, however, that under contracts where water rights
are pooled for delivery and a uniform method of allocating the assessments and
charges of the district has been adopted as authorized by section 50-1805A,
Idaho Code, the city shall be primarily liable for all such irrigation
district assessments to be collected, including operation, maintenance, and
principal and interest on bonded or contract indebtedness.

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