1. Levee or drainage districts through their governing bodies are authorized to maintain actions in law or equity for the purposes of preventing or recovering damages that may accrue to the districts on account of the impairment of their functions, or the increase in the cost of maintenance or operation of the districts, or on account of damages to property owned by the districts, resulting from the construction or operation of locks, dams, and pools in the Mississippi or Missouri river. Levee or drainage districts may make settlements and adjustments of such damages and written contracts with relation to such damages, and receive any appropriations that may be made by the Congress of the United States for the increased cost to drainage or levee districts and may agree to the construction and maintenance of present equipment and of new or remedial works, improvements and equipment as a part of such damages, or as a means of lessening the damages which will be suffered by the said districts. The districts are further authorized to employ legal and engineering counsel for such purposes and to pay for the cost of employing legal and engineering counsel out of the award of damages or out of the maintenance funds of the district.

Terms Used In Iowa Code 468.151

  • Cost: means the same as defined in section 384. See Iowa Code 468.585
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • district: means a district defined by a county and one or more cities within the county pursuant to an agreement entered into by the county and cities in accordance with chapter 28E and this part with respect to drainage improvements which the county and cities determine benefit the property located in the cities and the designated unincorporated area of the county. See Iowa Code 468.585
  • levee: shall be construed to include, in addition to its ordinary and accepted meaning, embankments, revetments, retards, or any other approved system of construction which may be deemed necessary to adequately protect the banks of any river or stream, within or adjacent to any county, from wash, cutting, or erosion. See Iowa Code 468.3
  • property: includes personal and real property. See Iowa Code 4.1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • United States: includes all the states. See Iowa Code 4.1
 2. If a lump sum settlement is made between the United States and the district to provide an annual payment of income from the lump sum settlement, the county treasurer of the county in which the greater portion of the district is situated shall be custodian of the principal fund. The governing body of the district shall apply to the district court for authority to invest the fund as provided by section 636.23, and, in addition to the investments approved, the court may authorize investment of the fund in interest-bearing bonds or warrants of the district. The income from the fund shall be disbursed by direction of the governing body of the district.
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