by-laws
BLACK CANYON IRRIGATION DISTRICT
BY-LAWS
ARTICLE I
The Black Canyon Irrigation District is organized, formed and governed by Title 43, Revised Code of Idaho State Law.
ARTICLE II
The principle place of business is the District Office in Notus, Idaho.
ARTICLE III
The Directors shall meet in a public meeting at the District’s principle place of business at 1:00 p.m on the second Tuesday of the month. There shall be five (5) directors, whose term shall be three (3) years with one or more being elected each year in accordance with Idaho Law Title 43.
On the second Tuesday of January, next following their election, the Board of Directors shall meet and organize as a board, elect a Chairman and a Vice-Chairman from their number and appoint a Secretary-Treasurer and Manager, who shall each hold office during the pleasure of the board.
A majority of the Directors shall constitute a quorum for the transaction of business, and in all matters requiring action by the Board there shall be a concurrence of at least a majority of the Directors. The Board shall have the power and it shall be its duty to adopt a seal of the District. To manage and conduct the business and affairs of the District, to make and execute all necessary contracts, to employ and appoint such agents, officers and employees, as may be necessary, and prescribe their duties, and to establish equitable By-Laws, Rules and Regulations for the Government and Management of the District, including the acquisition, construction and operation and maintenance of the District works. The Board will establish pay scales, conditions of employment, rules of operation and maintenance, and water delivery. The Board will act only in legal meetings and whereas possible will inform management in advance of subject to be covered.
ARTICLE IV
The Chairman of the Board of Directors shall preside at all meetings, unless he shall designate someone to preside instead. The Chairman shall sign all deeds and minutes of the meetings. All regular and special meetings shall be ordered by the Chairman. The Vice- Chairman shall, in the absence of the Chairman, exercise the duties and powers of that office.
The Secretary–Treasurer shall keep the minutes of all meetings of the Board of Directors, make up the agenda for the meeting, issue call for elections and supervise the same. The Secretary-Treasurer shall prepare the assessment roll and deliver it to the Board, give notice to the Board of equalization and complete the assessment roll for collection. The Secretary-Treasurer shall keep the books and records of the District, process payments owed by the District and keep the Board of Directors informed of financial condition of all accounts. The Secretary-Treasurer shall be responsible for the hiring, supervision, and dismissal of employees assigned to them. The Secretary-Treasurer shall perform such other duties as may be required by the Board of Directors.
The Manager shall supervise the distribution of water and shall be responsible to the Board of Directors for the proper maintenance of the District, including maintenance of equipment, and location, shall carry out the policy and instruction of the Board of Directors and shall be responsible for the hiring, supervision and dismissal of employees assigned to them.
The Secretary-Treasurer is likewise responsible for the hiring, supervision and dismissal of employees assigned to them.
The Manager and Secretary-Treasurer are hereby directed to work together.
The Manager is encouraged and directed to assist in the work of the Idaho Water Users Association, Inc., Northwest Irrigation Operators, Inc., and the National Water Resource Association.
ARTICLE V
The Board shall from time to time make, and if necessary, alter or amend such Rules & Regulations for the distribution and use of water among the owners of land within the District, as may be necessary to secure the just and proper distribution of water and control of waste water within the District, and concerning such other functions as may be properly exercised by the Board.
ARTICLE VI
No member of the Board or employee of the District shall benefit from the purchase or sale of property by the District. The Board of Directors shall call for bids for all construction work not done by District forces and for all major equipment and supplies purchased new, unless an emergency is declared by the Board in accordance with the Idaho Law Title 43. The administrative staff will issue a purchase order number for the purchase of all supplies.
ARTICLE VII
The Directors shall establish a calendar year. The year shall commence on January 1st and end on December 31st.
ARTICLE VIII
The Directors of Black Canyon Irrigation District shall not have any personal liability to the said District or its qualified electors for any other act or omission as a Director provided, however, that such provision shall not eliminate or limit the liability of a Director.
For any breach of the Director’s duty of loyalty to the District or its qualified electors.
For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.
For any transactions from which the Director derived an improper personal benefit.
This By-Law shall only apply to the acts or omissions a Director occurring subsequent to January 1, 1989 which is the effective date hereof.
ARTICLE IX
Now, therefore, it is hereby resolved by the Board of Directors of Black Canyon Irrigation that the following is duly adopted as a By-Law and rule of Black Canyon Irrigation District and is binding upon all landowners, lessees and other affected parties receiving irrigation water to land in Black Canyon Irrigation District which are subject to the provisions of the RRA and its regulations.
That every landowner, lessee or other affected person shall, in a timely fashion, completely and accurately forward to the Black Canyon Irrigation District office in Notus, Idaho, all reports, certifications and any other documents required by the RRA relating to their affected lands located in Black Canyon Irrigation District.
That every landowner, lessee or other affected person shall also cooperate with the District to do all things and to furnish all other information required by Black Canyon Irrigation District in order to permit and assist Black Canyon Irrigation District in complying with the requirements of the RRA.
That no irrigation water shall be delivered by Black Canyon Irrigation District to any person or lands which are in violation or ineligible to receive water under the provisions of the RRA and its regulation. That the denial of water shall continue until compliance is completed. The denial of delivery of water under this resolution shall not effect the responsibility of the landowner or other affected party to pay all other lawful assessments and charges imposed by Black Canyon Irrigation District, and the fact that the regular charges and assessments of the District have been timely paid shall not effect the withholding of water from the affected person or lands because of ineligibility under the RRA.
In the event that Black Canyon Irrigation District shall be assessed by the Bureau of Reclamation or other appropriate agency for the charges for water at the full cost rate as provided by the RRA on any lands within the District because of violations or ineligibility of water under the RRA, then and in that event, Black Canyon Irrigation District shall assess against the lands affected the amount of such full cost rates assessed against the District, together with any other penalties, interest expenses, charges and attorney’s fees incurred by the District on account of such assessment, less the amount of the normal O&M assessment for the year in question. The amount of such assessment made by Black Canyon Irrigation District to the individual lands as set forth above shall be part of the O&M assessment of the District for the year in question and shall be collectible as are other regular assessments and charges or the District as provided by law. That no lands within Black Canyon Irrigation District which are affected by the RRA shall be transferred on the books and records of Black Canyon Irrigation District which are subject to assessment as set forth in this paragraph until all payments as provided herein shall be paid in full.
That this resolution shall be and become a part of the regular By-Laws, Rules & Regulations of Black Canyon Irrigation District from and after the date hereof.
The foregoing resolution was duly adopted by the Directors of Black Canyon Irrigation District at a regular meeting held on February 14, 1989.
ARTICLE X
Board sanctioned meetings, conventions, or other District business:
Directors will be paid $100.00 per diem for meeting and necessary travel days. Necessary expenses for Directors and employees such as registration, airfare, taxi, parking, and lodging will be paid. Receipts are required. Mileage for out of town travel paid at the current federal government rate, but can’t exceed rate of another mode of travel. Necessary expenses for spouse are paid by the Director or employee except lodging.
ARTICLE XI
Black Canyon Irrigation District has an approved Drug/Alcohol Testing Policy that includes within its provisions those regulations contained within the Department of Transportation (DOT) controlled substances and Alcohol use and testing, as contained in 49 CFT Part 382.
Implementation Schedule: This policy will become effective October 1, 1995, and will apply to all prospective and current drivers of this District who are required to obtain a Commercial Drivers License (CDL) in order to operate a vehicle for this district (hereafter referred to as “Drivers”).
ARTICLE XII
District Elections
Black Canyon Irrigation District has a total of five elected Directors. There is one Director from each of five director divisions. The directors’ terms are three in duration and are staggered between the divisions. Elections are held on the first Tuesday of November in each year. (after 1st Monday).
To be qualified to run and serve as a Director, the person must be a qualified elector and a resident of the division of the director’s office for which he/she is running. In order to be on the ballot, written nominations for the office of director must be signed by at least twelve electors who are residents within the boundaries of Black Canyon Irrigation District. These nomination forms must be filed with the Secretary of the District not less than twenty days, nor more than forty days, before the date of the election in order for the nominee to be placed on the ballot. (See Idaho code §43-201)
At the election for directors, those persons entitled to vote must possess the general qualifications to vote at general elections in the State of Idaho – be eighteen years of age, a U.S. Citizen and have resided in the state and in the county at least thirty days prior to the election; and furthermore, must own land within the Black Canyon Irrigation District and be a resident of any county in which the District is located for a period of thirty days or more before the election. (See Idaho Code §43-111)
There are special laws which apply to the voting rights of corporations and partnerships which own land within the Irrigation District, and you should refer to Idaho Code §43-119 for those rules.
ARTICLE XIII
AGENDA FOR REGULAR MEETING
A proposed agenda for regular meetings of the Board of Directors of Black Canyon Irrigation District shall be prepared and approved in advance by the Manager and Secretary-Treasurer and shall be mailed to the Directors by Thursday of the week before the regular meeting. A copy of the Agenda shall be placed on the bulletin board at the District Office. No additional matter not listed on the agenda will be considered or acted upon by the Board of Directors at the regular meeting except in case of an emergency or upon a majority vote of the Directors.
ARTICLE XIIII
In the event complaints are made to the personnel of the District or Directors of the District by water users concerning the condition of district facilities and ditches, maintenance, or delivery of water which have not already been adequately addressed by District personnel, then such complaint is located and one (1) other director of the district, or if such other director is not available, then the Manager may participate in the review. The above directors shall report to the Board at the regular meeting the results of their review of the complaint together with any recommendation they may have formed.
ARTILCE XV
Whereas the Black Canyon Irrigation District Board of Directors in order to sustain its position and the water right upon which it depends in the Snake River Basin Adjudication undertook an inventory of the lands being irrigated in the Black Canyon Irrigation District; and
Whereas is was determined the “expanded acreage” existed to the extent of approximately, 2,000 acres which put the Black Canyon Irrigation district in violation of its contract with the United States of America Bureau of Reclamation; and
Whereas in order to avoid the appearance of expanded acreage from and after this date the Board of Directors of the Black Canyon Irrigation District adopts the following policies.
Now therefore, be it resolved that the Black Canyon Irrigation District acting by and through its Board of Directors hereby adopts the following regulations in respect to the utilization of waters within the Black Canyon Irrigation District:
Any temporary or permanent assignment of the right to use water of the Black Canyon Irrigation District shall be approved by the Black Canyon Irrigation District. All transfers shall be approved by the Board of Directors.
No right to use waters of the Black Canyon Irrigation District shall be transferred from the lands to which that water is presently being applied to any other lands with out approval of the Black Canyon Irrigation District.
Subdivisions will be required to transfer off all water that cannot be applied to irrigable land within the subdivision. If the water is not transferred in a timely manner, and following the guidelines of the District, the water will be removed by the District as the water right is held by the federal government and not the individual landowners.
In order to transfer the right to use waters of the Black Canyon Irrigation District from a parcel to another which represents only a portion of the land to which that right to use water has been applied requires a metes and bounds description of the land from which the right to use waters of the Black Canyon Irrigation District is being transferred and a metes and bounds description of the parcel to which the right to use the waters of the Black Canyon irrigation District is being transferred. All transfers shall be approved by the Board of Directors.
All of the waters of the Black Canyon Irrigation District, so long as they are capable of being recaptured by the Black Canyon Irrigation District within the boundaries of the Black Canyon Irrigation District, are the property of the Black Canyon Irrigation District and not of any individual member and do not constitute waste water.
The waters of the Black Canyon Irrigation District can only be applied to land within the boundaries of the Black Canyon Irrigation District.
Any application for transfer of the right to use Black Canyon Irrigation District waters, in addition to the metes and bounds description of the properties, must be accompanied by an affidavit that the property from which the right to use the water is being transferred shall not be irrigated.