46-1008. District; powers.

365 words·~2 min read·/ne/chapter-46/46-1008

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Every district incorporated under sections 46-1001 to 46-1020 shall:

(1)Have perpetual succession, subject to dissolution as provided by such sections;

(2)In all cases be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year;

(3)Have the power of eminent domain to acquire land or interests in land within the district for the uses and purposes provided in this section;

(4)Be empowered to sue and be sued;

(5)Be capable of contracting and being contracted with;

(6)Be authorized and empowered to hold such real and personal property as may come into its possession by will, gift, purchase, or otherwise, as authorized by law;

(7)Have power to construct, install, maintain, and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations, or other facilities for the storage, transportation, or utilization of water and such appurtenant structures and equipment as may be necessary to carry out the purposes of its organization;

(8)Have power to transfer water within the district pursuant to sections 46-2,127 to 46-2,129 ;

(9)Have power to cooperate with and enter into such agreements as deemed necessary with the Secretary of the United States Department of Agriculture or his or her duly authorized representative and shall have power to accept such financial or other aid which the Secretary of the United States Department of Agriculture is empowered to give pursuant to 7 U.S.C. 1921 et seq., or amendments thereto; and

(10)Have power to borrow money for the financing of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges. Any district shall have the same power to borrow money for the refinancing of any such project or projects. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under sections 46-1001 to 46-1020 shall have any power or authority to levy any taxes whatsoever.