Section 278.110

Title XVII AGRICULTURE AND ANIMALS

Chapter 278

Effective - 28 Aug 1980   

  278.110.  Establishment of board of soil and water district supervisors — members, terms, duties, bonds. — 1.  The state soil and water districts commission upon declaring the establishment of a soil and water district as provided in section 278.100 shall proceed to arrange in the following manner for the establishment of a board of soil and water district supervisors to act as a local governing body for such soil and water district.  This board shall consist of five members, as follows:  Ex officio, the county agricultural extension agent; and four land representatives, resident taxpaying citizens within that soil and water district for a period of two years next preceding such election and elected by the majority vote of land representatives under rules and procedures formulated by the soil and water commission, but the date of this election shall not fall upon the date of any regular political election held in that county.

  2.  The term of office of the ex officio member shall be coincident with his term in the office from which he shall be serving on the supervisory board.  The four elected members shall each serve for four years.  At the expiration of the terms of members of a supervisory board in a district organized prior to October 13, 1961, and at the first election in a district organized after October 13, 1961, two members shall be elected for 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, or resignation from office of any elected member, his successor to the unexpired term shall be appointed by the state soil and water districts commission and such appointee shall be a resident land representative of that county.  A soil and water supervisor may succeed himself by reelection in this office.

  3.  A majority of the board of soil and water supervisors shall constitute a quorum but the concurrence of a majority of the whole board shall be required for the determination of any matter within their duties.  The board of soil and water supervisors shall elect a chairman from among themselves, and the county agricultural extension agent shall be secretary of the board.

  4.  A soil and water supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including travel expense, necessarily incurred in the discharge of his duties as a member of this board.  The board of soil and water supervisors may employ within the limits of available funds such assistants as they may require in the performance of their duties and shall determine the qualifications, compensation and duties of such employees.

  5.  The board of soil and water supervisors shall submit to the state soil and water districts commission for its approval copies of such rules, regulations, forms and other documents as this board shall contemplate using in pursuance of their duties, and such other information concerning their activities as the soil and water commission may require in the performance of its own duties under this law.

  6.  The board of soil and water supervisors shall provide for the execution of surety bonds for all officers and employees who shall be entrusted with funds or property; shall keep a full and accurate record of all their proceedings and of all their resolutions and regulations issued or adopted; and shall present to the soil and water commission, for approval, a statement of annual audit of all the accounts of receipts and disbursements by the board.

  7.  The board of soil and water supervisors may invite the legislative body of any municipality or county located near the soil and water district to designate a representative to advise and consult with the soil and water supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.

  8.  The board of soil and water supervisors will assist the soil and water districts commission in the administration of a state soil and water conservation cost-share program.  It may require landowner receiving state cost-share funds to enter into recordable agreements stipulating that:

  (1)  If a cost-shared project or practice is altered, modified or removed so as to lessen its effectiveness for a period of ten years or the expected life of the project, whichever is less, the landowner, or his heirs, assignees, or other transferees, shall refund to the program any state money used for the project or practice; and

  (2)  The landowner agrees to maintain in good order the projects and practices cost-shared by the program, except in such case as the maintenance would create undue hardship upon the landowner.  In this instance, the soil and water district commission may require easements providing for right of access for the maintenance of said projects or practices.

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(L. 1943 p. 839 § 5, A.L. 1961 p. 31, A.L. 1980 S.B. 612)