§168-2  Powers.  In addition to any
other powers conferred upon the board of agriculture, the board shall have the
powers hereinafter set forth.  The board shall have the power to make
preliminary surveys and engineering studies, and to construct irrigation and
water utilization projects, designed to serve and supply the owners and
occupants of lands, and to manage, control, operate, and maintain the projects
in accordance with this chapter.  If, in the board's reasonable discretion,
existing civil service staff is inadequate to service the projects or the
project facilities, the board shall also have the power to contract for
services with the private sector for operation or maintenance of project
facilities with any qualified person.  It shall also have the power to contract
with domestic water users including the counties.  It shall further have the
power to contract with the government of the United States or any bureau or
agency thereof with regard to the construction or the financing of a system.



The board shall have power to fix, charge, and
collect reasonable water rates for service from the water system to defray the
cost of operation, maintenance, and replacements of the system.  It shall also
have the power to acquire by eminent domain, water and water sources either
above or underground watersheds, reservoir sites, rights-of-way over lands and
property for paths, trails, roads, and landing sites, ditches, tunnels, flumes,
reservoirs, and pipelines necessary or proper for the construction and maintenance
of a system for conveying, distributing, and transmitting water for irrigation
and domestic use and for such other purposes as may properly fall within the
scope of its activities in creating, managing, controlling, operating, and
maintaining an irrigation and water utilization system.  The power of eminent
domain shall be exercised in the manner and under the procedure provided by
law. [L 1987, c 306, pt of §2; am L 1998, c 289, §1]