48-6006. Powers and duties of recreational corridor channelization district

A. A recreational corridor channelization district, acting through its board of directors, may:

1. Acquire in the name of the district any real or personal property or interest in property by gift, purchase or otherwise and own, control, manage or dispose of such property or interest. Private monies or contributions received by a district for the purpose of defraying expenses of work done under its direction may be spent by the district in compliance with the terms and conditions under which the monies are received if the terms and conditions meet the approval of the board of directors and are within the scope of the statutory powers and duties of the district.

2. Construct, operate and maintain flood conveyance facilities and recreational facilities in a floodway or floodplain both during and after the operation of aggregate mining activities and mining reclamation. The design and construction of the flood conveyance facilities shall be conducted in cooperation with all operators of a planned or permitted underground storage and recovery project pursuant to section 45-811.01 that may be affected by the proposed district as determined by the operator of the project.

3. Sell, lease or otherwise dispose of any property of the district or interest in the property if the property is no longer required for the purposes of the district or if use of it may be permitted without interfering with the use to which it is put by the district.

4. Sell or otherwise dispose of any by-product resulting from the maintenance of recreational facilities within the district.

5. Contract with any governmental entity, association, corporation or individual to finance, construct, maintain and operate recreational facilities, channels, levies and appurtenant flood control or drainage features in a floodway or floodplain within the district.

6. Pay expenses incidental to the exercise of its powers.

7. Employ staff to conduct operations and perform maintenance of district property.

8. Enter into intergovernmental agreements with other government entities to provide for the financing, establishment, maintenance, operation and other activities of the district.

9. Finance its planning and the construction of its improvements through the use of a special assessment on the properties contained within the boundaries of the district's preliminary phase. A special assessment shall not be imposed on lands located outside of the district's preliminary legal boundary or outside of the floodplain delineation.

B. A recreational corridor channelization district, acting through its board of directors, shall:

1. Comply with all applicable federal, state and local laws and regulations, including those regarding floodplain management and land use.

2. Follow the watercourse master plan in implementing any recreational facilities or other development.

3. Assure hydraulic conveyance onto, across and from the district property and in any recreational facility or other development.

4. Operate in a manner consistent with the activities of planned or permitted underground water storage facilities in the district. Any construction project, operation effort or other activity conducted or authorized by a recreational corridor channelization district shall not reduce the effectiveness, increase the cost or in any way impede the operations of any underground storage and recovery project that is planned or permitted pursuant to section 45-811.01. A recreational corridor channelization district and any of its contractors, permittees or licensees are deemed to have waived any claim for damages or other relief against an underground storage and recovery project permit holder that is operating under the terms of its permit if the permit was issued before the formation of the district.