Each joint system shall have all the rights and powers of a public body politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter, including but not limited to, the following rights and powers:
- (a) To have perpetual succession.
- (b) To sue and be sued.
- (c) To adopt, use, and alter a corporate seal.
- (d) To maintain a principal office.
- (e) To make bylaws for the management and regulation of its affairs.
- (f) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.
- (g) To purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, flumes, conduits, mains, pipes, dykes, dams, reservoirs, water treatment facilities, and any facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service, and sale of water in connection with the project.
- (h) To acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining the system.
- (i) To enter into contracts of short or long duration for the sale of water to municipalities who are members of the joint system and to other municipalities not members upon conditions as set out under project definitions.
- (j) To prescribe rates and regulations under which water shall be sold.
- (k) To make contracts of all kinds and to execute all instruments or documents necessary or convenient to carry on the business of the joint system.
- (l) To sell, lease, exchange, transfer, or otherwise dispose of or to grant options for any purposes with respect to any real or personal property or interest therein in conformity with state law.
- (m) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law.
- (n) To borrow money and issue bonds or notes of the joint system, to loan the proceeds of any borrowing to any member of the joint system to be paid solely from revenues of the system, the loan repayments of members, and such other funds as may be available therefor with a favorable vote of two-thirds of the commissioners. No bonds or notes may be issued the payment for which is dependent upon contracts or agreements with a member except with the approval of the governing body of such member, by resolution or ordinance of the governing body of the member. However, the requirements of this item are satisfied and no further action is required with respect to any bonds or notes issued to finance a project which has been approved by the governing body of the members as provided in Section 6-25-110. The approval of any notes or bonds under this chapter shall include any issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved. The members of a joint system may prescribe additional procedures and requirements as they determine appropriate for the issuance of any notes or bonds in the bylaws of any joint system.
- (o) To pledge or assign any money, rents, charges, or other revenues and any proceeds derived by the joint system from the sales of property, insurance, or condemnation awards.
- (p) To authorize the construction, operation, or maintenance of any project by any person, firm, or corporation, including political subdivisions and agencies of any state of the United States.
- (q) To apply to the appropriate agencies of the State, the United States or any state, and to any other proper agency for and to obtain from them permits, licenses, certificates or approvals as may be necessary; and to construct, maintain, and operate the project in accordance with such licenses, permits, certificates, or approvals.
- (r) To appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they shall be bonded for the faithful performance of their duties.
- (s) To employ engineers, architects, attorneys, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the joint system, and to fix and pay their compensation from funds available to the joint system.
- (t) To make use of county and state highway rights-of-way in which to lay pipes and lines, in such manner and under such conditions as the appropriate officials in charge of such rights-of-way shall approve.
- (u) Any joint system shall possess the power of eminent domain in accordance with Section 5-7-50 and Chapter 9 of Title 28 in order to effectuate the purposes of this chapter and shall exercise such power in accordance with Chapter 9 of Title 28; provided, however, property of corporations organized under Chapter 35 of Title 33 shall not be subject to condemnation by joint municipal water systems created under the provisions of this chapter.
- (v) To, prior to, and in connection with acquisition of a project, study, plan, finance, own, operate, and maintain the project and after the acquisition, to study, plan, finance, acquire, construct, reconstruct, improve, enlarge, extend, own, operate, and maintain one or more additional projects.
- (w) To acquire by negotiated purchase or lease an existing project, a project under construction, or other property, either individually or jointly, with one or more municipalities in this State or any other state owning water facilities or with any political subdivisions or agencies of any other state or with any other joint system created pursuant to this chapter.
- (x) To dispose of by negotiated sale or lease, an existing project, a project under construction, or other property either individually or jointly with one or more municipalities in this State or any other state owning water facilities or with any political subdivisions or agencies of any other state or with any other joint system created pursuant to this chapter.
- (y) To fix, charge, and collect rents, rates, fees, and charges for water and other services, facilities, and commodities sold, furnished, or supplied through any project.
- (z) To negotiate and enter into contracts for the purchase, sale, or use of water with any joint system, municipality, or any political subdivisions or agencies or any public or private water utility.
- (aa) To acquire and operate any water treatment system or any water distribution system, including the systems of any member if the consent of the member is first obtained and referendum approval is obtained in those instances where required by law.
(bb) To sell water at retail and at wholesale.
Provided, however, that the provisions of (g), (h), (i), (j), (p), (q), (t), (u), (v), (w), (x), (y), (z), (aa), and (bb) do not apply to a joint system organized solely for the purpose of creating a financing pool.