Michigan Compiled Laws 451-1994-iii-1-the-great-lakes-3 Part 341 Irrigation Districts (324.34101...324.34146)

• Section 324.34101 Irrigation Districts; Conditions And Limitations For Withdrawal Of Waters From Great Lakes; Enforcement Of Section.
  (1) This part is applicable in counties with a population of 400,000 or less to the use of water from the Great Lakes only,...
• Section 324.34102 Construction Of Part.
  This part shall be liberally construed to promote the public welfare by irrigating lands, improving the existing water supply for the lands or providing...
• Section 324.34103 Previously Organized Districts; Validity, Rights, Privileges, And Obligations; Applicability Of Part.
  This part does not affect the validity of any district organized under the laws of this state prior to July 10, 1967, or its...
• Section 324.34104 Irrigation District As Body Corporate; Powers; Seal; Condemnation.
  An established irrigation district is a body corporate with power to contract, to sue and be sued, and to hold, manage, and dispose of...
• Section 324.34105 District Contracts With Federal Government, State, And Others; Approval By Department; State's Public Trust.
  As used in this section, “federal government” means the United States and includes any and all agencies of the United States. The irrigation district...
• Section 324.34106 Grant To United States Or Irrigation District Of Right To Use Rights-of-way In County Or Intercounty Drainage Districts; Approval; Rights Of Private Persons.
  Subject to the written assignment, consent, and approval of the drain commissioner administering a county drainage district or the written assignment, consent, and approval...
• Section 324.34107 Dams For Irrigation; Approval.
  A dam for irrigation purposes shall not be constructed unless the dam is approved in a manner provided by law. History: Add. 1995, Act...
• Section 324.34108 Grants Of Federal, State, And Private Aid For Irrigation Projects.
  An irrigation district may apply for and accept grants or any aid which the United States government or any agency of the United States...
• Section 324.34109 Irrigation Districts; Petitions For Formulation Or Improvement; Contents; Circulation; Signatures.
  (1) Whenever a majority of freeholders owning lands in a proposed irrigation district who represent 1/3 or more of the area of lands within...
• Section 324.34110 Irrigation Districts; Affidavit Of Signers Of Petitions; Evidence.
  The affidavit of 1 or more of the signers of the petition stating that they have examined it and are acquainted with the locality...
• Section 324.34111 Irrigation Districts; Lands Included.
  The lands proposed to be included in any irrigation district need not be contiguous if the benefit of the proposed work in each part...
• Section 324.34112 Irrigation Board; Creation; Membership; Chairperson; Availability Of Writings To Public; Minutes; Records And Files; Member As Commissioner Of Irrigation And Public Officer; Presumption; Contested Report Or Action; Burden Of Proof; Exception.
  (1) There is created for each irrigation district petitioned for under this part an irrigation board to consist of the drain commissioner of each...
• Section 324.34113 Commissioners Of Irrigation; Oath Of Office; Annual Accounts.
  Before entering upon their duties, commissioners shall take and subscribe the constitutional oath of office. The commissioners shall make a true account of their...
• Section 324.34114 Control Over Withdrawals And Operations; Rules; Orders; Expenses.
  (1) The department shall maintain superintending control over withdrawals and operations of each irrigation district formed under this part and may promulgate rules to...
• Section 324.34115 Irrigation Board; Conducting Business At Public Meeting; Notice; Calling And Notice Of Meetings; Affidavit As Proof Of Mailing; Waiver Of Additional Notice; Quorum; Adjournment; Action By Board; Signing Of Orders.
  (1) The business that the irrigation board may perform shall be conducted at a public meeting of the irrigation board held in compliance with...
• Section 324.34116 Proceedings Upon Petition For Establishment Of Irrigation Districts; Meetings; Filing And Examination Of Petition; Report; Expenses And Compensation.
  (1) Upon receipt of a petition for the establishment of an irrigation district, the county drain commissioner shall call the first meeting of the...
• Section 324.34117 Irrigation Board; First Meeting; Considerations; Naming Project And Irrigation District; Determination Of Sufficiency Of Petition And Practicability Of Proposed Project; Objections; Hearing; Notice; Report Of Department; Final Order Of Determination; Order Of Department; Eliminating Or Adding Land In Irrigation District; Rehearing; Legal Establishment Of Irrigation District.
  (1) The irrigation board at its first meeting shall consider the petition for the project, make a tentative determination as to the sufficiency of...
• Section 324.34118 Plans, Specifications, And Costs; Estimates Of Proposed Irrigation Projects.
  The irrigation board shall proceed to secure from a competent engineer plans and specifications and an estimate of the cost of the proposed irrigation...
• Section 324.34119 Design Plans Of Irrigation Works; Commissioner's Alteration Or Deviation; Approval Of Department.
  The commissioners shall not be confined to the points of location, commencement, routes, or termini of the drains, reservoirs, dams, canals, ditches, pumps, or...
• Section 324.34120 Acquisition Of Lands Or Rights-of-way.
  The irrigation board shall proceed to secure the lands or rights-of-way necessary for the irrigation project. If the lands or rights-of-way cannot be secured...
• Section 324.34121 Advertisement For Bids For Construction; Acceptance And Rejection Of Bids; Readvertisement.
  The irrigation board shall advertise for bids for construction of the improvements requested in the petition. The contract shall be let to the lowest...
• Section 324.34122 Costs Of Irrigation District; Computation; Approval.
  Within 10 days after the letting of contracts, or, in case of an appeal, then immediately after the appeal has been decided, the chairperson...
• Section 324.34123 Assessment Roll; Description Of Lands Benefited; Apportionment Of Costs; Objections.
  The chairperson of the irrigation board, under the direction of the board, shall make out an assessment roll, entering and describing on the assessment...
• Section 324.34124 Notice Of Hearing; Publication; Form.
  Notice of hearing shall be given as prescribed in section 34115 and Act No. 162 of the Public Acts of 1962, being sections 211.741...
• Section 324.34125 Hearing On Objections; Scope Of Review; Equalization.
  At the hearing, the irrigation board shall hear the proofs and allegations of all parties interested, shall carefully reconsider and review the description of...
• Section 324.34126 Special Assessment Rolls; Final Orders And Confirmation; Endorsement; Memorandum Of Installments; Conclusiveness.
  After the hearing, the irrigation board shall enter its final order of apportionment and order of confirmation of the roll and shall make an...
• Section 324.34127 Irrigation Special Assessments Liens.
  From the date of confirmation of the special assessment roll, all irrigation special assessments constitute a lien upon the respective lots or parcels assessed...
• Section 324.34128 Tax Assessment Rolls; Contents; Permanent Installment Payments.
  The chairperson of the irrigation board, at the direction of the irrigation board, shall prepare a tax assessment roll in each year for the...
• Section 324.34129 Spread Of Special Assessments On Local Tax Rolls; Orders By County Board Of Commissioners.
  The county board of commissioners of the counties involved shall order the spread of all irrigation special assessments on the local tax rolls by...
• Section 324.34130 Spread Of Special Assessments On Local Tax Rolls; Duties Of Local Assessing Officers.
  The supervisor or the village or city assessor shall spread on his or her roll the total amount of all irrigation special assessment taxes...
• Section 324.34131 Special Assessment Taxes; Interest, Charges, Collections, Disbursement; Defense Of Collector; Limitation On Actions; Payments Under Protest; Liens.
  All irrigation special assessment taxes assessed under this part shall be subject to the same interest and charges, and shall be collected in the...
• Section 324.34132 Additional Pro Rata Assessments; Limitations.
  If the assessments in any special assessment roll prove insufficient for any reason, including the noncollection of the assessments, to pay for the improvement...
• Section 324.34133 Invalid Assessments; Validation Procedure; Payments Applied To Reassessments.
  If, in the opinion of the irrigation board, a special assessment is invalid by reason of irregularities or informalities in the proceedings, or if...
• Section 324.34134 Irrigation Orders To Pay Charges And To Pay Easements Or Rights-of-way; Installments; Drawing Orders On First And Succeeding Years' Assessments; Limitations; Certification By Treasurer.
  The irrigation board of each special assessment district may issue irrigation orders for the payment of all charges reflected by the computation of costs...
• Section 324.34135 Interest On Bonds; Board Of Commissioners; Resolution Pledging Full Faith And Credit Of County To Pay.
  The county board of commissioners of the county involved by a resolution adopted by a 2/3 vote of its members may pledge the full...
• Section 324.34136 Operating And Maintaining Property Of Irrigation District; Fixing And Collecting Water Charges; Approval Of Charges; Charges For Water Services As Lien On Affected Lands; Certification Of Delinquent Charges; Entering Charges On Tax Roll; Enforcement; Exaction Of Other Charges; Future Expenses; Assessment; Notice Of Hearing.
  (1) The irrigation board shall operate and maintain the property of the irrigation district. (2) The irrigation board may fix and collect water charges...
• Section 324.34137 Attack On Orders; Proceedings By Writ Of Superintending Control; Legality Of Irrigation Special Assessment District And Project; Assessments; Actions.
  (1) Except as prescribed in subsection (2), the final order of determination, the order of apportionment of benefits, or the order confirming the special...
• Section 324.34138 Suspension Of Water Delivery; Delinquent Irrigation Taxes; Right-of-way For Laterals; Condemnation; Payment.
  The irrigation board may, by the adoption of an appropriate order, provide for the suspension of water delivery to any land in the district...
• Section 324.34139 Irrigation Boards; Powers And Duties.
  The irrigation board shall manage and conduct the business affairs of the district, make and execute all necessary contracts, employ agents, officers, and employees...
• Section 324.34140 Right Of Entry Upon Land To Survey; Location Of Drains; Acquisition Of Property; Reservoirs For Storage Or Transfers Of Great Lakes Water.
  The irrigation board and its agents and employees may enter upon any land within the district to make surveys, and may locate the line...
• Section 324.34141 Advancement Of Money To Pay Costs; Reimbursement By Irrigation Special Assessment District; Obligations.
  Any person may advance money for the payment of any part of the cost of a project and shall be reimbursed by the irrigation...
• Section 324.34142 District Accounts; Duties Of County Treasurer; Expenditure From District Funds; Bond Interest; Funds Transfer.
  The county treasurers of the counties in which the irrigation district is located shall carry all accounts and items pertaining thereto as a separate...
• Section 324.34143 Irrigation District Funds; Deposit; Interest; Use.
  The irrigation district funds shall be deposited by the county treasurer in a bank of the county in accordance with the general laws of...
• Section 324.34144 Irrigation District Funds; County Treasurers As Custodians; Deputies; Bond; Orders For Payment.
  The county treasurer shall be the custodian of the funds of the irrigation district. He or she may designate 1 or more of his...
• Section 324.34145 Revolving Fund To Pay For Preliminary Costs; Assessment Of Preliminary Costs; Repayment Of Fund.
  The county board of commissioners in which an irrigation district is proposed to be formed may provide for an appropriation to create a revolving...
• Section 324.34146 Borrowing Money; Issuing Bonds; Anticipating Collection Of Special Assessments; Amount; Applicability Of Law.
  The irrigation board may borrow money and issue the bonds of the special assessment district for that money in anticipation of the collection of...

Last modified: October 10, 2016