Idaho State Statutes - Idaho Attorney Directory

FORFEITURE OF CONTRACT FOR CONTRACTOR'S DEFAULT -- SALE OF
PROJECT. Upon the failure of any parties having contracts with the state for
the reclamation of lands segregated under the Carey Act to commence the
construction of such ditches, canals or other irrigation works within the time
specified by the contract or to perform all of the requirements of said
contract within the time specified in said contract with the state to the
satisfaction of the director of the department of water resources, it shall be
the duty of the director to give such parties written notice of such failure,
and if, after a period of sixty (60) days from the sending of such notice,
they shall have failed to proceed with the work or to conform to the
provisions of their contract with the state, the bond and contract of such
parties and all works constructed thereunder shall be at once and thereby
forfeited to the state.
It shall be the duty of the director at once so to declare and give notice
once each week for a period of four (4) weeks in some newspaper of general
circulation in the county in which the work is situated and in one (1)
newspaper at the state capital in like manner and for a like period of the
forfeiture of said contract, and that upon a fixed day proposals will be
received at the office of the department for the purchase of ditches, canals,
other irrigation works, water rights and all other rights, privileges and
benefits obtained under the provisions of the said contract and for the
performance of the provisions of said contract with the state. The time for
receiving said bids shall be at least sixty (60) days subsequent to the
issuing of the last notice of forfeiture. Upon the request of any bidder the
director shall specify in particular the needful things to be done in order to
accomplish the substantial and satisfactory performance of said contract, and
the director may require good and sufficient bond for such performance before
confirming such sale. The money received by the department from the sale under
the provisions of this section shall first be applied to the expenses incurred
by the state in the forfeiture and disposal and to satisfying the bond, and
the surplus, if any exists, shall be paid into the Carey Act trust fund
created under section 42-2018, Idaho Code.

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