§ 76-15-403 — Operation Of Projects And Works

76-15-403 . Operation of projects and works. A conservation district and the supervisors of the conservation district may:
(1) conduct soil, vegetation, and water resources conservation projects on lands within the districts upon obtaining the consent of the owner of the lands or the necessary rights or interest in the lands;
(2) carry out preventive and control measures and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water, including but not limited to engineering operations, range management, methods of cultivation, growing vegetation, changes in use of land, and the measures listed in 76-15-101 (3) on:
(a) lands within the district and owned or controlled by the state with the cooperation of the agency administering and having jurisdiction of the lands; or
(b) any other lands within the district upon obtaining the consent of the occupier of the lands or the necessary rights or interests in the lands;
(3) cooperate or enter into agreements with and, within the limits of appropriations duly made available to it by law, furnish financial or other aid to any governmental or other agency or any occupier of lands within the district, subject to any conditions that the supervisors consider necessary to advance the purposes of this chapter, to conduct or complete:
(a) erosion control and prevention operations; and
(b) works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district;
(4) construct, improve, operate, and maintain any structures that are necessary or convenient for the performance of any of the operations authorized in this chapter;
(5) purchase, lease, or otherwise take over and administer projects undertaken by the United States or the state within the district boundaries for:
(a) soil conservation;
(b) flood prevention;
(c) drainage;
(d) irrigation;
(e) water management;
(f) erosion control; or
(g) erosion prevention;
(6) manage, as agent of the United States or of the state any of the types of projects identified in subsection (5) within its boundaries;
(7) act as agent for the United States or for the state in connection with the acquisition, construction, operation, or administration of any of the types of projects identified in subsection (5) within its boundaries;
(8) accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States, from the state, or from any other source and use or expend funds or other contributions to conduct its operations;
(9) execute its duties and responsibilities under Title 75, chapter 7, part 1, pursuant to the procedures of this chapter; or
(10) execute projects for the conservation, development, storage, distribution, and utilization of water, including but not limited to projects for the following purposes:
(a) irrigation;
(b) flood prevention;
(c) drainage;
(d) fish and wildlife;
(e) recreation;
(f) development of power; or
(g) supplying water for fire protection, livestock, or public, domestic, industrial, or other uses.

Legislative History

En. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; R.C.M. 1947, 76-108(A)(2) thru (4), (7), (9); amd. Sec. 3, Ch. 23, L. 1999.