§ 61-09-12 — Refusal or failure of board to cause assessment to be made

In case the board shall refuse, fail, or neglect to cause an assessment or levy to be made
for the principal and interest of outstanding bonds, or improvement warrants, and for all
payments due, or to become due, in the ensuing year to the United States, or to any department
or agency thereof, or to the state water commission, or to any person, firm, corporation, or
limited liability company, or to another irrigation district, under any contract entered into by the
district, or for expenses incurred in organizing the district, then the assessment of property
made for the preceding year shall be adopted and shall be the basis of assessment for the
district. The board of county commissioners of each county comprising the district, by resolution,
shall make such levy and assessment in the same manner and with like effect as if the same
had been made by the board of directors of the district, and the expense incident thereto also
shall be levied and assessed against the district. All such taxes or assessments shall be
collected by and paid to the county treasurer in the county treasurer's official capacity and the
county treasurer shall be responsible for the safekeeping, disbursement, and payment thereof,
as herein provided.