Establishment of board of soil and water districtsupervisors--members, terms, duties, bonds.
278.110. 1. The state soil and water districts commissionupon declaring the establishment of a soil and water district asprovided in section 278.100 shall proceed to arrange in thefollowing manner for the establishment of a board of soil andwater district supervisors to act as a local governing body forsuch soil and water district. This board shall consist of fivemembers, as follows: Ex officio, the county agriculturalextension agent; and four land representatives, residenttaxpaying citizens within that soil and water district for aperiod of two years next preceding such election and elected bythe majority vote of land representatives under rules andprocedures formulated by the soil and water commission, but thedate of this election shall not fall upon the date of any regularpolitical election held in that county.
2. The term of office of the ex officio member shall becoincident with his term in the office from which he shall beserving on the supervisory board. The four elected members shalleach serve for four years. At the expiration of the terms ofmembers of a supervisory board in a district organized prior toOctober 13, 1961, and at the first election in a districtorganized after October 13, 1961, two members shall be electedfor terms of two years and two for terms of four years;thereafter all members shall be elected for terms of four years.In case of the death, removal of residence from the county, orresignation from office of any elected member, his successor tothe unexpired term shall be appointed by the state soil and waterdistricts commission and such appointee shall be a resident landrepresentative of that county. A soil and water supervisor maysucceed himself by reelection in this office.
3. A majority of the board of soil and water supervisorsshall constitute a quorum but the concurrence of a majority ofthe whole board shall be required for the determination of anymatter within their duties. The board of soil and watersupervisors shall elect a chairman from among themselves, and thecounty agricultural extension agent shall be secretary of theboard.
4. A soil and water supervisor shall receive no compensationfor his services, but he shall be entitled to expenses, includingtravel expense, necessarily incurred in the discharge of hisduties as a member of this board. The board of soil and watersupervisors may employ within the limits of available funds suchassistants as they may require in the performance of their dutiesand shall determine the qualifications, compensation and dutiesof such employees.
5. The board of soil and water supervisors shall submit tothe state soil and water districts commission for its approvalcopies of such rules, regulations, forms and other documents asthis board shall contemplate using in pursuance of their duties,and such other information concerning their activities as thesoil and water commission may require in the performance of itsown duties under this law.
6. The board of soil and water supervisors shall provide forthe execution of surety bonds for all officers and employees whoshall be entrusted with funds or property; shall keep a full andaccurate record of all their proceedings and of all theirresolutions and regulations issued or adopted; and shall presentto the soil and water commission, for approval, a statement ofannual audit of all the accounts of receipts and disbursements bythe board.
7. The board of soil and water supervisors may invite thelegislative body of any municipality or county located near thesoil and water district to designate a representative to adviseand consult with the soil and water supervisors of the districton all questions of program and policy which may affect theproperty, water supply, or other interests of such municipalityor county.
8. The board of soil and water supervisors will assist thesoil and water districts commission in the administration of astate soil and water conservation cost-share program. It mayrequire landowner receiving state cost-share funds to enter intorecordable agreements stipulating that:
(1) If a cost-shared project or practice is altered,modified or removed so as to lessen its effectiveness for aperiod of ten years or the expected life of the project,whichever is less, the landowner, or his heirs, assignees, orother transferees, shall refund to the program any state moneyused for the project or practice; and
(2) The landowner agrees to maintain in good order theprojects and practices cost-shared by the program, except in suchcase as the maintenance would create undue hardship upon thelandowner. In this instance, the soil and water districtcommission may require easements providing for right of accessfor the maintenance of said projects or practices.
(L. 1943 p. 839 § 5, A.L. 1961 p. 31, A.L. 1980 S.B. 612)
Establishment of board of soil and water districtsupervisors--members, terms, duties, bonds.
278.110. 1. The state soil and water districts commissionupon declaring the establishment of a soil and water district asprovided in section 278.100 shall proceed to arrange in thefollowing manner for the establishment of a board of soil andwater district supervisors to act as a local governing body forsuch soil and water district. This board shall consist of fivemembers, as follows: Ex officio, the county agriculturalextension agent; and four land representatives, residenttaxpaying citizens within that soil and water district for aperiod of two years next preceding such election and elected bythe majority vote of land representatives under rules andprocedures formulated by the soil and water commission, but thedate of this election shall not fall upon the date of any regularpolitical election held in that county.
2. The term of office of the ex officio member shall becoincident with his term in the office from which he shall beserving on the supervisory board. The four elected members shalleach serve for four years. At the expiration of the terms ofmembers of a supervisory board in a district organized prior toOctober 13, 1961, and at the first election in a districtorganized after October 13, 1961, two members shall be electedfor terms of two years and two for terms of four years;thereafter all members shall be elected for terms of four years.In case of the death, removal of residence from the county, orresignation from office of any elected member, his successor tothe unexpired term shall be appointed by the state soil and waterdistricts commission and such appointee shall be a resident landrepresentative of that county. A soil and water supervisor maysucceed himself by reelection in this office.
3. A majority of the board of soil and water supervisorsshall constitute a quorum but the concurrence of a majority ofthe whole board shall be required for the determination of anymatter within their duties. The board of soil and watersupervisors shall elect a chairman from among themselves, and thecounty agricultural extension agent shall be secretary of theboard.
4. A soil and water supervisor shall receive no compensationfor his services, but he shall be entitled to expenses, includingtravel expense, necessarily incurred in the discharge of hisduties as a member of this board. The board of soil and watersupervisors may employ within the limits of available funds suchassistants as they may require in the performance of their dutiesand shall determine the qualifications, compensation and dutiesof such employees.
5. The board of soil and water supervisors shall submit tothe state soil and water districts commission for its approvalcopies of such rules, regulations, forms and other documents asthis board shall contemplate using in pursuance of their duties,and such other information concerning their activities as thesoil and water commission may require in the performance of itsown duties under this law.
6. The board of soil and water supervisors shall provide forthe execution of surety bonds for all officers and employees whoshall be entrusted with funds or property; shall keep a full andaccurate record of all their proceedings and of all theirresolutions and regulations issued or adopted; and shall presentto the soil and water commission, for approval, a statement ofannual audit of all the accounts of receipts and disbursements bythe board.
7. The board of soil and water supervisors may invite thelegislative body of any municipality or county located near thesoil and water district to designate a representative to adviseand consult with the soil and water supervisors of the districton all questions of program and policy which may affect theproperty, water supply, or other interests of such municipalityor county.
8. The board of soil and water supervisors will assist thesoil and water districts commission in the administration of astate soil and water conservation cost-share program. It mayrequire landowner receiving state cost-share funds to enter intorecordable agreements stipulating that:
(1) If a cost-shared project or practice is altered,modified or removed so as to lessen its effectiveness for aperiod of ten years or the expected life of the project,whichever is less, the landowner, or his heirs, assignees, orother transferees, shall refund to the program any state moneyused for the project or practice; and
(2) The landowner agrees to maintain in good order theprojects and practices cost-shared by the program, except in suchcase as the maintenance would create undue hardship upon thelandowner. In this instance, the soil and water districtcommission may require easements providing for right of accessfor the maintenance of said projects or practices.
(L. 1943 p. 839 § 5, A.L. 1961 p. 31, A.L. 1980 S.B. 612)
Establishment of board of soil and water districtsupervisors--members, terms, duties, bonds.
278.110. 1. The state soil and water districts commissionupon declaring the establishment of a soil and water district asprovided in section 278.100 shall proceed to arrange in thefollowing manner for the establishment of a board of soil andwater district supervisors to act as a local governing body forsuch soil and water district. This board shall consist of fivemembers, as follows: Ex officio, the county agriculturalextension agent; and four land representatives, residenttaxpaying citizens within that soil and water district for aperiod of two years next preceding such election and elected bythe majority vote of land representatives under rules andprocedures formulated by the soil and water commission, but thedate of this election shall not fall upon the date of any regularpolitical election held in that county.
2. The term of office of the ex officio member shall becoincident with his term in the office from which he shall beserving on the supervisory board. The four elected members shalleach serve for four years. At the expiration of the terms ofmembers of a supervisory board in a district organized prior toOctober 13, 1961, and at the first election in a districtorganized after October 13, 1961, two members shall be electedfor terms of two years and two for terms of four years;thereafter all members shall be elected for terms of four years.In case of the death, removal of residence from the county, orresignation from office of any elected member, his successor tothe unexpired term shall be appointed by the state soil and waterdistricts commission and such appointee shall be a resident landrepresentative of that county. A soil and water supervisor maysucceed himself by reelection in this office.
3. A majority of the board of soil and water supervisorsshall constitute a quorum but the concurrence of a majority ofthe whole board shall be required for the determination of anymatter within their duties. The board of soil and watersupervisors shall elect a chairman from among themselves, and thecounty agricultural extension agent shall be secretary of theboard.
4. A soil and water supervisor shall receive no compensationfor his services, but he shall be entitled to expenses, includingtravel expense, necessarily incurred in the discharge of hisduties as a member of this board. The board of soil and watersupervisors may employ within the limits of available funds suchassistants as they may require in the performance of their dutiesand shall determine the qualifications, compensation and dutiesof such employees.
5. The board of soil and water supervisors shall submit tothe state soil and water districts commission for its approvalcopies of such rules, regulations, forms and other documents asthis board shall contemplate using in pursuance of their duties,and such other information concerning their activities as thesoil and water commission may require in the performance of itsown duties under this law.
6. The board of soil and water supervisors shall provide forthe execution of surety bonds for all officers and employees whoshall be entrusted with funds or property; shall keep a full andaccurate record of all their proceedings and of all theirresolutions and regulations issued or adopted; and shall presentto the soil and water commission, for approval, a statement ofannual audit of all the accounts of receipts and disbursements bythe board.
7. The board of soil and water supervisors may invite thelegislative body of any municipality or county located near thesoil and water district to designate a representative to adviseand consult with the soil and water supervisors of the districton all questions of program and policy which may affect theproperty, water supply, or other interests of such municipalityor county.
8. The board of soil and water supervisors will assist thesoil and water districts commission in the administration of astate soil and water conservation cost-share program. It mayrequire landowner receiving state cost-share funds to enter intorecordable agreements stipulating that:
(1) If a cost-shared project or practice is altered,modified or removed so as to lessen its effectiveness for aperiod of ten years or the expected life of the project,whichever is less, the landowner, or his heirs, assignees, orother transferees, shall refund to the program any state moneyused for the project or practice; and
(2) The landowner agrees to maintain in good order theprojects and practices cost-shared by the program, except in suchcase as the maintenance would create undue hardship upon thelandowner. In this instance, the soil and water districtcommission may require easements providing for right of accessfor the maintenance of said projects or practices.
(L. 1943 p. 839 § 5, A.L. 1961 p. 31, A.L. 1980 S.B. 612)
