§167-6  Further powers.  (a)  The boardof agriculture shall also have the power to:

(1)  Establish and certify the total amount of acreageassessments to be levied annually and collect the assessments within eachproject;

(2)  Set and from time to time revise tolls that itshall charge for the water provided by its facilities, subject to the ratepolicies established hereunder;

(3)  Establish priorities between the several landsincluded in a project according to the use to which the lands are put or otherreasonable basis for classification;

(4)  Govern the furnishing of water in the event of ashortage of supply and to correlate water tolls with these priorities;

(5)  Charge and collect water tolls, fees, and othercharges established in connection herewith;

(6)  Sell, exchange, transfer, assign, or pledge anyproperty, real or personal, or any interest therein, to any person, firm,corporation, or government, except as prohibited by the laws of the State;

(7)  Hold, clear, and improve property;

(8)  Borrow money for any of the purposes hereunder;

(9)  Insure or provide for the insurance of theproperty or operations of the board against such risks as the board may deemadvisable;

(10)  Include in any construction contract executed inconnection with a project, stipulations requiring that the contractor and anysubcontractors comply with requirements as to minimum wages and maximum hoursof labor, and comply with any conditions that the federal government may haveattached to its financial aid of the project;

(11)  Delegate to the chairperson or employees of thedepartment, subject to the board's control and responsibility, powers andduties as may be lawful or proper for the performance of the functions vestedin the board;

(12)  Set, charge, and collect interest and a servicecharge on delinquent payments due on water tolls, acreage assessments, or otherrelated accounts; provided that the rate of interest shall not exceed one percent per month and the service charge shall not exceed $7 for each delinquentpayment;

(13)  Collect delinquent acreage assessments inaccordance with sections 231-61 to 231-70; provided that the chairperson shallhave all of the powers provided to the director of taxation or state taxcollector under chapter 231 that may be necessary or convenient to collectdelinquent acreage assessments;

(14)  Accept a security interest in real or personalproperty for a debt restructured under a payment plan for delinquent watertolls, acreage assessments, or other related irrigation project accountssubject to the rate of interest set forth in paragraph (12); and

(15)  Foreclose upon or otherwise enforce the securityinterest accepted under paragraph (14) by any method provided for by law and tohold title to, maintain, use, manage, operate, sell, lease, or otherwisedispose of that personal or real property to recover the debt secured.

(b)  The board shall also have the power toenter into any repayment or other contracts with the United States for theconstruction, operation, and maintenance of any projects as may be required orprovided for by the federal reclamation laws, or acts amendatory thereof orsupplementary thereto, or other federal laws, and further to borrow money oraccept grants or assistance from the federal government, or any department,bureau, or agency thereof with respect to the engineering, construction,operation, and financing of any project hereunder.  The board shall make everyeffort to obtain all federal aid possible for the purposes of this chapter.

(c)  In making surveys, studies, andinvestigations, in planning and designing, and in constructing projects andfacilities for irrigation, the board shall also have power to include thereinsurveys, studies, and investigations of, plans and designs for, andconstruction of facilities for flood control and the utilization of water forthe production of hydroelectric power, where the same may be practicable inconjunction with the formation and operation of an irrigation project orprojects. [L 1987, c 306, pt of §1; am L 1992, c 97, §1; am L 1998, c 102, §1]