(1) The district and any subdistrict have the
power to utilize and may utilize private industry, by contract, to carry out the
design, construction, operation, management, manufacturing, marketing, planning,
and research and development functions of the district or any subdistrict
proceeding under this article, unless the district or subdistrict determines that it is
in the public interest to adopt another course of action. The district or subdistrict, or
both, may enter into long-term contracts with private persons, not exceeding a term
of seventy-five years, without an election, for the performance of any such
functions of the district or subdistrict, which, in the opinion of the district or
subdistrict, can desirably and conveniently be carried out by a private person under
contract; but any such contract shall contain such terms and conditions as shall
enable the district or subdistrict to retain reasonable supervision and control of
such functions to be carried out or performed by such private persons pursuant to
such contract.
(2) Subject to the provisions of section 37-48-175, the district and any
subdistrict have the following powers:
(a) To accept contributions, grants, or loans from the state and the federal
government for the purpose of financing the planning, acquisition, improvement,
equipment, maintenance, and operation of any enterprise in which the district or
subdistrict, or both, are authorized to engage, and to enter into contracts and
cooperate with, and accept cooperation from, the federal government, the state,
the subdistrict or the district, respectively, any political subdivision, any private
firm, and any other person, or any combination thereof, in the planning, acquisition,
improvement, equipment, maintenance, and operation, and in financing the
planning, acquisition, improvement, equipment, maintenance, and operation of any
such enterprise in accordance with any legislation which the general assembly,
congress, the governing body of any political subdivision, the board of directors or
other governing body of any private firm, any other person, or any combination
thereof may have adopted prior to the adoption of this article or may thereafter
adopt, under which aid, assistance, and cooperation may be furnished by such
cooperating entity or entities or other persons in the planning, acquisition,
improvement, equipment, maintenance, and operation, or in financing the planning,
acquisition, improvement, equipment, maintenance, and operation of any such
enterprise, including, without limitation, costs of engineering, architectural, and
economic investigations and studies, surveys, designs, plans, working drawings,
specifications, procedures, and other action preliminary to the acquisition,
improvement, or equipment of any facilities, or any part thereof, and to do any and
all things necessary in order to avail itself of such aid, assistance, and cooperation
under any state, federal, or other legislation;
(b) To enter into, without any election, joint operating or service contracts
and agreements; acquisition, improvement, equipment, or disposal contracts; or
other arrangements for any term not exceeding seventy-five years, with the federal
government, the state, the subdistrict or the district, respectively, any political
subdivision, any private firm, or any other person, or any combination thereof,
concerning the facilities, and any project or property pertaining thereto, whether
acquired or undertaken by the district, by the subdistrict, by the federal
government, by this state, by any political subdivision of this state or any other
state, or by any person; and to accept contributions, grants, or loans from the
cooperating entity or entities or other persons in connection therewith;
(c) To enter into and perform without any election, when determined by the
board of directors to be in the public interest, contracts and agreements, for any
term not exceeding seventy-five years, with the federal government, the subdistrict
or the district, respectively, the state, any political subdivision, or any person, or any
combination thereof, for the provision and operation by the subdistrict or the
district, respectively, of any facilities pertaining to such facilities of the district or
subdistrict, as the case may be, any part thereof, or any project relating thereto,
and the payment periodically thereby to the district or subdistrict of amounts at
least sufficient, if any, in the determination of the board, to compensate the district
or subdistrict for the cost of providing, operating, and maintaining such facilities
serving the federal government, the subdistrict or the district, respectively, the
state, any political subdivision, or such other person, or any combination thereof, or
otherwise;
(d) To enter into and perform, without any election, contracts and
agreements, on a public bid basis, a competitive basis, or a negotiated basis, as the
board of directors may determine, with the federal government, the subdistrict or
the district, respectively, the state, any political subdivision, any private firm, or any
other person, or any combination thereof, for or concerning the planning,
construction, lease, other acquisition, improvement, equipment, operation,
maintenance, disposal, and financing of any property pertaining to the facilities of
the district or subdistrict or to any project of the district or subdistrict, including,
without limitation, any contract or agreement for any term not exceeding seventy-five years, pertaining to the joint ownership of the facilities as tenants in common
thereamong, providing for the exchange of water or electric power, for backup
water or power, pooling of resources, the designation of a manager for any such
project or facilities supervised by an engineering and operating committee of co-owners, or otherwise supervised; and otherwise to contract with water or power
producers or users, or both;
(e) To cooperate with and act in conjunction with the federal government or
any of its engineers, officers, boards, commissions, or departments, or with the
state or any of its engineers, officers, boards, commissions, or departments, or with
any political subdivision or any person in the acquisition, improvement, and
equipment of any facilities or any part thereof authorized for the district or
subdistrict or for any other works, acts, or purposes provided for in this article and
to adopt and carry out any definite plan or system of work for any such purpose;
(f) To cooperate with the federal government, the subdistrict or district,
respectively, the state, any political subdivision, or any person, or any combination
thereof, by an agreement therewith by which the district or the subdistrict may:
(I) Acquire and provide, without cost to the cooperating entity or entities, the
land, easements, and rights-of-way necessary for the acquisition, improvement, and
equipment of any properties;
(II) Hold the cooperating entity or entities free from and save it or them
harmless from any claim for damages arising from the acquisition, improvement,
equipment, maintenance, and operation of any facilities;
(III) Maintain and operate any facilities in accordance with regulations
prescribed by the cooperating entity or entities; and
(IV) Establish and enforce regulations, if any, concerning the facilities which
are satisfactory to the cooperating entity or entities;
(g) To provide, by any contract for any term not exceeding seventy-five
years, or otherwise, without an election:
(I) For the joint use of personnel, equipment, and facilities of the district, the
subdistrict, the state, any political subdivision, or any person, or any combination
thereof, including, without limitation, public buildings constructed by or under the
supervision of the board of directors, the state, the governing body of the political
subdivision, or the board of directors or other governing body of a private firm or
other person concerned, upon such terms and agreements and within such areas
within the district or subdistrict, or otherwise, as may be determined, for the
promotion and protection of health, comfort, safety, life, welfare, and property of
the inhabitants of the district or subdistrict and any such political subdivision and
any other persons of interest, and for water or electric services;
(II) For the joint employment of clerks, stenographers, and other employees
pertaining to the facilities or any project, now existing or hereafter established,
upon such terms and conditions as may be determined for the equitable
apportionment of the expenses resulting therefrom;
(h) To provide for comprehensive planning and, where possible, coordinate
operations of the district or subdistrict with the subdistrict or district, respectively,
any and all such political subdivisions, private firms, and other persons, or any
combination thereof, pertaining to water conservation and use and to the
generation and use of electricity.