17-242. Guaranteeing irrigation district
assessment; sale of land located within federal reclamation
projects and irrigation districts
A. The commission, by and with the approval of the governor and state land
commissioner, may make contracts with irrigation districts in the name of the state to
guarantee the payment of and to pay to the irrigation district the full amount of
district assessments or charges against land owned by the game and fish commission
located within a federal reclamation project, or an irrigation district which is served
wholly or in part by such federal reclamation project, at any time such assessments or
charges become delinquent.
B. If the commission sells any of the land referred to in subsection A, it shall
require at least one-fourth of the sale price to be paid at the time of sale and the
balance payable in not less than twenty years. The contract of sale or other document of
sale shall require that the purchaser pay such irrigation district assessments or charges
before delinquency, and that failure to do so shall constitute a breach of the terms of
sale. If a purchaser defaults in the payment of such irrigation district assessments or
charges and the interest of the purchaser in such land is terminated, the subsequent
purchaser shall pay to the commission as reimbursement the full amount of delinquent
assessments due upon such land.
C. The contract or other document of sale shall also require that if the purchaser
defaults upon any term or condition of the sale and does not remedy the default within
six months, the irrigation district may perform or remedy the default of the
purchaser. When the irrigation district cures the default in the terms of sale, the
interest of the purchaser shall be cancelled and his interest in such land shall be
transferred to the irrigation district subject to the contract of sale.
D. Nothing in this section shall be construed as creating any lien upon state lands
or against the interest of the state therein, or as creating any obligation of the state
to pay any charges, assessments or debts incurred by any districts other than those
described in this section.
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