Chapter 61-35 - WATER DISTRICTS

Section 61-35-01 - Definitions
Section 61-35-02 - Petition
Section 61-35-02.1 - Conversion of water resource district water supply system to water district
Section 61-35-03 - Petition contents
Section 61-35-04 - Hearing after filing
Section 61-35-05 - Contents of notice
Section 61-35-06 - Appearances
Section 61-35-07 - Findings - Order
Section 61-35-08 - Meeting of members - Election of board
Section 61-35-09 - Bylaws submitted at special meeting
Section 61-35-10 - Directors divided into classes - Terms - Vacancies
Section 61-35-11 - Board meetings
Section 61-35-12 - Powers of district board
Section 61-35-13 - Contracts for construction or maintenance of a project
Section 61-35-14 - Financing project through improvement bonds or special assessments - Apportionment of benefits
Section 61-35-15 - Revenue bonds
Section 61-35-16 - Plans and specifications
Section 61-35-17 - Selling water
Section 61-35-18 - Inclusion of property in district - Inclusion of municipality - Merger
Section 61-35-19 - Taxing prohibited
Section 61-35-20 - Exclusion of real property from district
Section 61-35-21 - Inactive district dissolved
Section 61-35-22 - Hearing
Section 61-35-23 - Disposition of assets
Section 61-35-24 - Not exempt from other requirements
Section 61-35-25 - Alternate operation by nonprofit corporation or cooperative
Section 61-35-26 - Annexation of land by a municipality
Section 61-35-26.1 - Statement of intent
Section 61-35-26.2 - Plans for water service by providers - Filing plans - Existing agreements
Section 61-35-26.3 - State water commission funding
Section 61-35-26.4 - Water service agreement - Mediation - Administrative law judge
Section 61-35-27 - Personal liability
Section 61-35-28 - Proceedings to confirm contracts, special assessments, and other acts
Section 61-35-29 - Authorization to organize association of rural water systems
Section 61-35-30 - Resolution authorizing project and the issuance of revenue bonds
Section 61-35-31 - Refunding bonds authorized by resolution - Adoption - Taking effect
Section 61-35-32 - Cost of project - How determined
Section 61-35-33 - Provisions governing bonds
Section 61-35-34 - Sale of bonds - When private sale authorized - Public sale and notice
Section 61-35-35 - Bonds and receipts or certificates issued pending preparation of bonds - Negotiability
Section 61-35-36 - Validity of bonds
Section 61-35-37 - Bonds exempt from taxation
Section 61-35-38 - Covenants that may be inserted in resolution authorizing bonds
Section 61-35-39 - Liability of district for bonds - Taxing power prohibited - Bond not a lien
Section 61-35-40 - Duties of district and officers
Section 61-35-41 - Remedies of bondholders in general
Section 61-35-42 - Receiver of project - When appointed
Section 61-35-43 - Powers and duties of receiver of project
Section 61-35-44 - Court may direct receiver to surrender possession of project
Section 61-35-45 - Receiver subject to jurisdiction of court - Jurisdiction of court
Section 61-35-46 - Construction
Section 61-35-47 - Limitations on authorizations contained in chapter - Effect of chapter on bonds issued before August 1, 1995
Section 61-35-48 - Power of district to defray expense of improvements by special assessments
Section 61-35-49 - Waterworks and water mains - Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
Section 61-35-50 - Acquiring property for sewers, water mains, and water supply beyond district limits
Section 61-35-51 - Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment
Section 61-35-52 - Improvement districts to be created
Section 61-35-53 - Size and form of improvement districts - Regulations governing
Section 61-35-54 - Engineer's report required - Contents
Section 61-35-55 - Approval of plans, specifications, and estimates
Section 61-35-56 - District engineer to retain copy of plans, specifications, and estimates - Sale of copies
Section 61-35-57 - Plans, specifications, and estimates filed in office of district
Section 61-35-58 - Hearing - Notice - Contents
Section 61-35-59 - Voting on proposed projects
Section 61-35-60 - Voting right or powers of landowners
Section 61-35-61 - Assessment of cost of project
Section 61-35-62 - Assessment list to be published - Notice of hearing - Alteration of assessments - Confirmation of assessment list - Filing
Section 61-35-63 - Appeal to department of water resources
Section 61-35-64 - When assessments may be made
Section 61-35-65 - Reassessment of benefits
Section 61-35-66 - Correction of errors and mistakes in special assessments - Requirements governing
Section 61-35-67 - Lien of special assessment
Section 61-35-68 - Sewer or water improvements in districts may be paid for by service charges
Section 61-35-69 - Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
Section 61-35-70 - District office to keep complete record of improvements - Record as evidence
Section 61-35-71 - Defects and irregularities in improvement proceedings are not fatal
Section 61-35-72 - Payment of special assessments - Interest
Section 61-35-73 - Lien between vendor and vendee of special assessments
Section 61-35-74 - Sewer special assessments extended over a period of not more than thirty years
Section 61-35-75 - Water main and waterworks special assessments extended over a period of not more than thirty years
Section 61-35-76 - Payments in full of assessments - Payments to county treasurer or district treasurer - Receipts
Section 61-35-77 - Certification of assessments to county auditor
Section 61-35-78 - District treasurer to insert amount of improvements in county real estate book or other forms - Regulations governing
Section 61-35-79 - Extension of special assessments on tax lists - Collection - Payment over to district
Section 61-35-80 - Special assessment record book kept by county auditor - Assessments certified for more than one year
Section 61-35-81 - County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement
Section 61-35-82 - Interest and penalties added to special assessments - County treasurer to collect and pay over
Section 61-35-83 - Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited
Section 61-35-84 - Bonds - When payable - Amounts - Interest
Section 61-35-85 - Bonds may be used in making payments on contract - Bonds payable out of fund on which drawn - May be used to pay special assessments
Section 61-35-86 - Refunding special assessment bonds - Purposes for which such bonds may be issued - Payment of bonds
Section 61-35-87 - Foreclosure of tax lien on property when general and special assessment taxes are delinquent
Section 61-35-88 - Call for bids - Contents - Advertising
Section 61-35-89 - Bid to be accompanied by a bond - Bond retained upon failure of bidder to contract - Amount of bond
Section 61-35-90 - Execution of bidder's bond
Section 61-35-91 - Conditions of bidder's bond
Section 61-35-92 - Bids - Filing - Sealing - Endorsing - Opening - Considering
Section 61-35-93 - Opening of bids - Bids to be entered on minutes
Section 61-35-94 - Rejection of bids - Readvertising for bids or construction by district without contract - Re-evaluation of project
Section 61-35-95 - Engineer's statement of estimated cost required - Board to enter into contracts
Section 61-35-96 - Contractor's bond - Execution
Section 61-35-97 - Conditions for contractor's bond
Section 61-35-98 - Approval of bonds - Return of bidder's bond
Section 61-35-99 - Failure to execute contractor's bond
Section 61-35-100 - Insufficiency of bonds - New bonds required - Failure to furnish
Section 61-35-101 - Execution and filing of contract
Section 61-35-102 - Conditions and terms
Section 61-35-103 - Contractor to be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage