Idaho Code § 42-5116 — Idaho Code / Title 42 / Chapter 51 / Section 42-5116
42-5116 JUDICIAL EXAMINATION.
Status: in_force

42-5116. Judicial examination. Prior to the incurring of indebtedness, the board shall file a petition in the district court of the county in which the office of the board is located, pursuant to the provisions of sections 43-406 to 43-408, inclusive, Idaho Code, as if the district were an irrigation district. Whenever any district which is required to file a petition hereunder has or proposes to enter into a contract or contracts with one or more districts pursuant to law, and such other district or districts is authorized or required to bring a confirmation proceeding or proceedings pursuant to the provisions of section 43-406 or of section 43-1808, Idaho Code, with respect to such contracts or the levy of assessments or the apportionment of costs, the boards of each of such other districts shall join in the filing of such petition, and the district court in which such petition is filed shall have jurisdiction to hear the petition and to grant the relief prayed for therein. Each such petition shall pray for a judicial examination and determination of any power conferred hereby or by any amendment hereto or of any assessment levied or of any apportionment of costs or of any act, proceeding or contract of the district or districts, whether or not said contracts shall have been executed, including proposed contracts for the reconstruction, rehabilitation, replacement and improvement of any such well and other related structures and works and appurtenances, falling water contracts, contracts with other districts and contracts with other public and private persons, firms, corporations and associations. Such petition shall set forth the facts whereon the validity of such powers, assessments, apportionments, acts, proceedings or contracts is founded. Notice of the filing of said petition shall be given by the clerk of the court by mailing, and by publication in at least one (1) newspaper published and of general circulation within the boundaries of each district joining in the petition, or if no newspaper is so published within any district, then in a newspaper published in the same county in which any part of such district is located which is of general circulation in such district, pursuant to and in accordance with the requirements of section 43-407, Idaho Code, as if the district were an irrigation district under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any contract or contracts, therein mentioned, may be examined.

Any water user as defined in section 42-5102, Idaho Code, in any district joining in the petition or any other person interested in the contracts or proposed contracts may appear and answer said petition at any time prior to the date fixed for said hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear. The said petition and notice shall be sufficient to give the court jurisdiction and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall examine all of the proceedings of all of the districts as set forth in the petition, shall hear all objections either filed in said proceeding or brought up from the hearings before any of the boards, shall correct all errors in the assessments and apportionments of costs, shall ratify, approve and confirm all apportionments of costs and assessments levied, shall make such findings with reference thereto and render a judgment and decree thereon approving and confirming all of the powers, assessments, apportionments, acts, proceedings and contracts of each of the districts as set forth in the petition as the case warrants. Costs may be divided or apportioned among the contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within thirty (30) days after the time of the rendition of such judgment, or within such additional time as may be allowed by the court within thirty (30) days. The Idaho Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified herein. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties. Except as provided herein, the provisions of sections 43-406 through 43-408, Idaho Code, shall apply to the proceeding herein authorized as though the ground water management district were an irrigation district.

History:

[42-5116, added 1987, ch. 349, sec. 1, p. 773.]
Idaho Code § 42-3708 — Idaho Code / Title 42 / Chapter 37 / Section 42-3708
42-3708 POWERS OF DIRECTORS.
Status: in_force

42-3708. Powers of directors. The directors of a watershed improvement district shall have power:

1. To levy and cause to be collected assessments on real property within the district in an amount not to exceed six hundredths of one per cent (.06%) of the market value for assessment purposes on all taxable property within the district, for the purpose of general administration and operation and maintenance of the district and in addition thereto to separately levy and cause to be collected assessments on real property within the district in an amount not to exceed twenty hundredths of one per cent (.20%) of the market value for assessment purposes on all taxable property within the district for construction of structural works of improvement. Before a levy can be made for any purpose, an election, subject to the provisions of section 34-106, Idaho Code, as herein provided must be held, and the provisions as outlined under sections 42-3712, 42-3713 and 42-3714, Idaho Code, must be complied with, and assessments can only be levied against lands to be directly benefited.

2. To conduct surveys, investigations and research relating to floodwater, sediment damage and the conservation, utilization, and disposal of water in the district, and the structural works of improvement needed.

3. To obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; to sell, lease, or otherwise dispose of any of its property or interest therein in furtherance of the purposes and provisions of this chapter.

4. To develop comprehensive plans for the prevention of floodwater and sediment damage and the conservation, development, utilization, and disposal of water within the district, which plans shall specify the acts, procedures, performances and avoidances which are necessary for effectuation of such plans.

5. To construct, operate and maintain structural works of improvement for the prevention of floodwater and sediment damages, and the conservation, development, utilization, and disposal of water as provided for in the act of the congress of the United States known as the Watershed Protection and Flood Prevention Act (U.S.C., tit. 16, sections 1001-1008) and acts amendatory thereto.

6. To have the right of eminent domain with the power to cause to be condemned and appropriated for the use of the district in the construction, operation, maintenance and upkeep of its structures, waterways, dikes, dams, basins, or any other use necessary in the carrying out of the provisions of this chapter upon the payment of just compensation therefor.

7. To borrow money and to issue negotiable coupon bonds, which bonds shall bear interest, and which bonds shall be due and payable not later than thirty (30) years from the date of issuance, or at such earlier date as may be determined by the directors. The form and terms of said bonds, including their payment and redemption prior to maturity, shall be determined by the directors. Such bonds as may be issued shall be payable solely out of and from the assessments levied upon and a lien upon the lands within the district as provided in this chapter. Such bonds may be issued by the directors only upon the holding of an election within the district as provided by law and upon such election resulting in two-thirds (2/3) of the property owners, and representing at least fifty-one per cent (51%) of the land to be benefited, casting their ballots in favor thereof.

8. To enter into contracts or agreements with the United States or any of its officers, agents, or subdivisions, or the state of Idaho or any of its officers, agents or political subdivisions, and to cooperate with such governments, persons or agencies in effectuating, promoting and accomplishing the purposes of this chapter.

9. To bear its allocated share of the cost of any project resulting from any contract or agreement entered into as provided in subsection 8. of this section.

10. To take over, administer and maintain pursuant to any agreement or contract entered into in accordance with the provisions of subsection 8. of this section any watershed improvement project within its boundaries undertaken in cooperation with the United States or any of its agencies, or with the state of Idaho or any of its agencies, or any combinations thereof.

11. To accept donations, gifts and contributions in money, services, or materials, or otherwise, from the United States or any of its agencies, or the state of Idaho or any of its agencies or any combinations thereof, and to expend such moneys, services, or materials in carrying on its operations.

12. To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers, and to promulgate, amend and repeal rules not consistent with the provisions of this chapter.

13. To exercise all other powers necessary, convenient or incidental to carrying out the purposes and provisions of this chapter.

History:

[42-3708, added 1957, ch. 226, sec. 8, p. 508; am. 1970, ch. 133, sec. 8, p. 309; am. 1980, ch. 136, sec. 5, p. 298; am. 1995, ch. 82, sec. 19, p. 231; am. 1995, ch. 118, sec. 74, p. 489; am. 1996, ch. 322, sec. 40, p. 1070.]
Idaho Code § 42-2911 — Idaho Code / Title 42 / Chapter 29 / Section 42-2911
42-2911 OFFICERS — MEETINGS.
Status: in_force

42-2911. Officers — Meetings. The board of commissioners of such district shall elect one of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The drainage commissioners shall hold their meetings for the transaction of business at any place in the county or counties in which the district is located.

History:

[(42-2911) 1913, ch. 16, parts of secs. 6, 7, p. 58; reen. C.L. 168:9; C.S., sec. 4501; I.C.A., sec. 41-2511.]
Idaho Code § 42-3125 — Idaho Code / Title 42 / Chapter 31 / Section 42-3125
42-3125 DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION.
Status: in_force

42-3125. Director may submit consolidation to election. The director may upon receiving a petition for consolidation of two (2) or more flood control districts, order an election to be held, subject to the provisions of section 34-106, Idaho Code, in each district. If two-thirds (2/3) of the qualified voters in each district, voting at the election, shall vote in favor of consolidation, the director shall make and enter an order consolidating the districts as in the preceding section. If fewer than two-thirds (2/3) of the qualified voters in any district voting at the election shall vote in favor of the consolidation, nothing further shall be done, unless a new petition shall be filed in the manner herein provided.

History:

[42-3125, added 1971, ch. 300, sec. 25, p. 1219; am. 1995, ch. 118, sec. 62, p. 478.]
Idaho Code § 42-2917 — Idaho Code / Title 42 / Chapter 29 / Section 42-2917
42-2917 CHANGES IN ORIGINAL PLANS.
Status: in_force

42-2917. Changes in original plans. The commissioners shall not be confined to the point of commencement, route or terminus of any drain or ditch, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work as proposed by the petitioners, but shall locate, lay out and plan the same in such manner as to them shall seem best designed to promote the public health or welfare and to drain or protect the lands of the parties interested with the least damage and the greatest benefit to all lands to be affected thereby; any plan proposed by the commissioners may, on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.

History:

[(42-2917) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:15; C.S., sec. 4508; I.C.A., sec. 41-2517.]
Idaho Code § 42-3217 — Idaho Code / Title 42 / Chapter 32 / Section 42-3217
42-3217 SINKING FUND.
Status: in_force

42-3217. Sinking fund. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a sinking fund in such amount sufficient to meet the payments of principal and interest on such indebtedness as the same matures, and to constitute a sinking fund for the payment of the principal amount of the indebtedness within thirty (30) years from the time of contracting the indebtedness evidenced thereby and in accordance with the provisions made for the payment of the principal and interest of such indebtedness and also to constitute a sinking fund for payment of the principal thereof, and theretofore provided by resolution pursuant to section 42-3222, Idaho Code, and as required by the constitution and laws of the state of Idaho.

History:

[42-3217, added 1947, ch. 152, sec. 17, p. 364; am. 1980, ch. 136, sec. 4, p. 298; am. 1985, ch. 38, sec. 1, p. 80; am. 1996, ch. 322, sec. 38, p. 1066.]
Idaho Code § 42-3006 — Idaho Code / Title 42 / Chapter 30 / Section 42-3006
42-3006 CONFIRMATION PROCEEDINGS — HEARING — DECREE.
Status: in_force

42-3006. Confirmation proceedings — Hearing — Decree. Upon the hearing of such petition, the court shall examine all of the proceedings set up in the petition, and all objections thereto, and may ratify, approve and confirm or dismiss the same. The court shall disregard every error, irregularity or omission which does not affect the substantial rights of any party, and if the court shall find that the assessments imposed by the assessment roll are final and conclusive, and adequate security for retiring and paying off said refunding bonds, and that it will be of benefit to the district or the property owners therein that said refunding bonds be issued, it shall issue its order or decree, approving and confirming such proceedings, reciting therein that the lien of the assessment roll theretofore prepared, approved and confirmed shall not be deemed to have been lost or waived but shall remain in full force and effect for the purpose of retiring and paying off said refunding bonds, in like manner as the original bond issue and shall direct the commissioners to execute and negotiate said refunding bonds as in this chapter provided.

History:

[(42-3006) 1925, ch. 21, sec. 6, p. 29; I.C.A., sec. 41-2606.]
Idaho Code § 42-2804 — Idaho Code / Title 42 / Chapter 28 / Section 42-2804
42-2804 PETITION — DEPOSIT OF PETITIONERS.
Status: in_force

42-2804. Petition — Deposit of petitioners. Before any public irrigation or drainage work specified in this chapter shall be established, a petition signed by one hundred (100), or twenty-five per cent (25%) of the owners of the land described in such petition, as the land proposed to be benefited, setting forth the necessity therefor, that the same will be a public benefit and will promote the public welfare or public health, the description of the proposed irrigation or drainage works in general terms, together with a description of the land intended to be benefited thereby, shall be filed with the county auditor. Upon the filing of such petition, one or more of such petitioners shall deposit with the county treasurer of such county from time to time sums of money in an amount to be determined and fixed by the board of county commissioners to be used by them to defray all costs and expenses incurred under the provisions of this chapter to and including all expenses of the bond election and until such time as funds for said work are otherwise available: provided, that the amount of such deposits shall be included in the cost of the works in the event the indebtedness for the same shall be authorized at such election and reimbursement shall thereafter be made to the parties depositing the same.

History:

[(42-2804) 1921, ch. 222, sec. 4, p. 492; I.C.A., sec. 41-2404.]
Idaho Code § 42-3209 — Idaho Code / Title 42 / Chapter 32 / Section 42-3209
42-3209 ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS.
Status: in_force

42-3209. Organization of board — Accounts of treasurer — Compensation of members — Annual audit — Removal of directors. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of real property in the district as well as to all other interested parties.

The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. He shall file with the clerk of the court, at the expense of the district, a corporate fidelity bond in an amount not less than five thousand dollars ($5,000), conditioned on the faithful performance of the duties of his office.

Each member of the board shall receive as compensation for his service a sum not in excess of one hundred fifty dollars ($150) per meeting, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district except in his official representative capacity.

It shall be the duty of the board of directors to cause an audit to be made of all financial affairs of the district during each year ending November 30 as required in section 67-450B, Idaho Code.

The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.

History:

[42-3209, added 1947, ch. 152, sec. 9, p. 364; am. 1965, ch. 191, sec. 1, p. 399; am. 1977, ch. 7, sec. 1, p. 14; am. 1993, ch. 44, sec. 1, p. 116; am. 1993, ch. 387, sec. 13, p. 1431; am. 2003, ch. 36, sec. 1, p. 156; am. 2022, ch. 16, sec. 1, p. 35.]
Idaho Code § 42-2810 — Idaho Code / Title 42 / Chapter 28 / Section 42-2810
42-2810 COOPERATION WITH FEDERAL GOVERNMENT UNDER FEDERAL RECLAMATION LAWS.
Status: in_force

42-2810. Cooperation with federal government under federal reclamation laws. Any county in which any irrigation or drainage project shall have been established under the provisions of this chapter by order of the board of county commissioners, or which contains any part of the irrigable lands of such projects so established, is hereby authorized to cooperate with the United States and the officers of the interior department and reclamation service for the purpose of furnishing irrigation or drainage, or a more complete or ample water supply by means of reservoirs, canals, or other works, to lands in such county, is authorized to exercise all powers which are granted by chapter 18 of title 43, sections 43-1803 to 43-1828 inclusive of the Idaho Code to irrigation districts, and the board of county commissioners of such county are granted all powers and authorized to do all acts granted or authorized under said sections to be done, exercised or performed by the board of directors of an irrigation district.

History:

[(42-2810) 1921, ch. 222, sec. 10, p. 492; I.C.A., sec. 41-2410.]
Idaho Code § 42-1426 — Idaho Code / Title 42 / Chapter 14 / Section 42-1426
42-1426 ENLARGEMENTS — WAIVER OF MANDATORY PERMIT REQUIREMENTS.
Status: in_force

42-1426. Enlargements — Waiver of mandatory permit requirements. (1) Legislative findings regarding enlargements:

(a) The legislature finds that several adjudications of water rights were commenced or will be commenced in the state of Idaho subsequent to the mandatory permit system provided in sections 42-201 and 42-229, Idaho Code. These adjudications include the following, with associated commencement dates:

(i) Snake River basin adjudication, November 19, 1987;

(ii) Coeur d'Alene-Spokane River basin adjudication, November 12, 2008;

(iii) Palouse River basin adjudication, March 1, 2017;

(iv) Clark Fork-Pend Oreille River basin adjudication, June 15, 2021;

(v) Bear River basin adjudication, June 15, 2021; and

(vi) Kootenai River basin adjudication, not yet commenced.

Persons entitled to the use of water or owning any land to which water has been made appurtenant by decree, license or constitutional appropriation have, through water conservation and other means, enlarged the use of said water without increasing the rate of diversion and without complying with the mandatory permit system adopted by the legislature. Enlargements have been done with the knowledge of other water users, and water has been distributed based upon the right as enlarged. Junior water users made appropriations based upon a water system that reflected these enlarged uses. Thus, the legislature further finds and declares that it is in the public interest to waive the mandatory permit requirements for these enlargements in use prior to the commencement of a general adjudication, as long as such enlargements in use did not increase the rate of diversion of the original water right or exceed the rate of diversion for irrigation provided in section 42-202, Idaho Code, after the enlargement of use, and the enlargement of use did not reduce the quantity of water available to other water rights existing on the date of the enlargement in use.

(b) The legislature further finds that it is in the public interest to waive certain statutory provisions for the appropriation of water that has been diverted and applied to beneficial use to ensure the economic and agricultural base in the state of Idaho as it existed on the date of the commencement of an adjudication and to maintain historic water use patterns existing on that date.

(2) The mandatory permit requirements of sections 42-201 and 42-229, Idaho Code, are waived, and a new water right may be decreed for the enlarged use of the original water right based upon the diversion and application to beneficial use, with a priority date as of the date of completion of the enlargement of use for any enlargement occurring on or before the commencement date of an adjudication; provided however, that the rate of diversion of the original water right and the separate water right for the enlarged use, combined, shall not exceed the rate of diversion authorized for the original water right; and further provided, that the enlargement in use did not injure water rights existing on the date of the enlargement of use. An enlargement may be decreed if conditions directly related to the injury can be imposed on the original water right and the new water right that mitigate any injury to a water right existing on the date of enactment of this act. If injury to a water right later in time cannot be mitigated, then the new right for the enlarged use shall be advanced to a date one (1) day later than the priority date for the junior water right injured by the enlargement. It is further provided that any such enlargement of use allowed in a general adjudication shall not constitute an abandonment or forfeiture of the original water right to the extent of current use.

(3) The director shall publish a notice of enlargement of water right for all water rights recommended under this section. The notice shall contain a summary of the notice of claim and shall be published in the same manner as notices for applications to appropriate water in section 42-203A, Idaho Code. Any person who has filed an application for a water right prior to the enactment of this act or who has been issued a permit for a water right prior to commencement of an adjudication but who has not filed a claim in an adjudication shall have thirty (30) days from the date of last publication of the notice of enlargement of a water right under this section to file a petition with the department of water resources to assert any claimed injury from the enlargement. No appeal of the determination of the department shall be allowed. If the applicant or permittee is dissatisfied with the determination of the department on any claim of injury, the sole remedy is to intervene in the general adjudication and assert their claim of injury in an objection to the water right.

History:

[42-1426, added 1994, ch. 454, sec. 32, p. 1475; am. 2000, ch. 311, sec. 1, p. 1048; am. 2020, ch. 50, sec. 3, p. 118; am. 2024, ch. 223, sec. 3, p. 791.]
Idaho Code § 42-5126 — Idaho Code / Title 42 / Chapter 51 / Section 42-5126
42-5126 EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.
Status: in_force

42-5126. Exclusion from the district — Procedure — Grounds for exclusion. (1) After the formation of the district, any water user included within the district may file with the board of directors a petition in writing, praying for exclusion from the district. All water users seeking exclusion as are united in interest or to which the same state of facts apply may unite in the same petition. The grounds for exclusion and the time limitations for filing any petition hereunder shall be as follows:

(a) The water user will not be benefited by the functioning of the district. A petition alleging this ground for exclusion must be filed within ninety (90) days after the adoption of a resolution to incur indebtedness as authorized in section 42-5114, Idaho Code. Any such petition filed after the ninety (90) day period has elapsed shall not be accepted or considered, except upon a showing of good cause for the delay.

(b) The water user has not benefited by the functioning of the district. A petition alleging this ground for exclusion shall be filed no earlier than five (5) years after the adoption of a resolution to incur indebtedness as authorized in section 42-5114, Idaho Code.

(c) A petition alleging either of the foregoing grounds for exclusion shall be acknowledged by all the petitioners and shall state in detail the reasons why it is claimed that the petitioners should be excluded from the district.

(2) Immediately after the formal appointment, the board of directors shall cause notice of the deadline for filing petitions under the provisions of subsection (1) of this section and a copy of the order of formation of the district and a map indicating the boundaries of the district to be posted in three (3) public places in each county in which a part of the district is situated. In addition, the board shall publish notice of the deadline and the location at which the order of formation and map of the district may be inspected for at least four (4) successive weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated.

History:

[42-5126, added 1987, ch. 349, sec. 1, p. 777.]
Idaho Code § 42-1701C — Idaho Code / Title 42 / Chapter 17 / Section 42-1701C
42-1701C ENFORCEMENT OF DOMESTIC PURPOSE AND DOMESTIC USE LIMITATIONS.
Status: in_force

42-1701C. enforcement of domestic purpose and domestic use limitations. (1) If the director of the department of water resources becomes aware of water use that exceeds the authorized limits of an appurtenant water right for domestic purposes or uses as defined in section 42-111, Idaho Code, regardless of when the use was established, the director may:

(a) Notify the property owner, in writing, of the alleged excess use; and

(b) Provide the property owner ninety (90) days to remedy the excess use or provide information that the water use does not exceed authorized limits of the appurtenant water right for domestic purposes or uses.

(2) If, after notification by the director pursuant to subsection (1) of this section, the property owner fails to remedy the excess use or to provide information that the use does not exceed authorized limits within the time prescribed and to the director's satisfaction, then the director shall issue a notice of violation to the property owner, identifying the information supporting the determination of excess use.

(3)(a) Any person to whom a notice of violation has been issued pursuant to subsection (2) of this section shall be liable for a civil penalty pursuant to this section.

(i) For excess irrigation, a penalty of five hundred dollars ($500) for every one-tenth (0.1) of an acre in excess irrigation above the authorized limits shall be assessed.

(ii) For excess use other than irrigation, the lesser of the following shall be assessed:

1. One hundred dollars ($100) for every day water is diverted at a rate that exceeds the maximum authorized diversion rate; or

2. One hundred dollars ($100) for every acre-foot diverted in excess of the maximum authorized annual diversion volume.

(b) Penalties shall be renewed each year until the excess use has been remedied to the director's satisfaction but shall not exceed five thousand dollars ($5,000) in any given year.

(4) The director may request that the county in which the property is located collect the penalty for excess use. If the county agrees to collect the penalty:

(a) The director shall provide the county with a copy of the notice of violation issued pursuant to this section; and

(b) The county shall retain half of the penalty proceeds and deliver the other half to the director.

(5) Unpaid penalties shall be filed as a lien against the property until paid in full.

(6) Once a penalty has been assessed for a particular irrigation season, as provided in this section, it shall be due and payable even if the excess use is subsequently resolved.

History:

[42-1701C, added 2025, ch. 129, sec. 4, p. 665.]
Idaho Code § 42-3213 — Idaho Code / Title 42 / Chapter 32 / Section 42-3213
42-3213 TAXES.
Status: in_force

42-3213. Taxes. In addition to the other means providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district.

History:

[42-3213, added 1947, ch. 152, sec. 13, p. 364.]
Idaho Code § 42-201 — Idaho Code / Title 42 / Chapter 2 / Section 42-201
42-201 WATER RIGHTS ACQUIRED UNDER CHAPTER — ILLEGAL DIVERSION AND APPLICATION OF WATER — USES FOR WHICH WATER RIGHT NOT REQUIRED — EXCLUSIVE AUTHORITY OF DEPARTMENT.
Status: in_force

42-201. Water rights acquired under chapter — Illegal diversion and application of water — Uses for which water right not required — Exclusive authority of department. (1) All rights to divert and use the waters of this state for beneficial purposes shall hereafter be acquired and confirmed under the provisions of this chapter and not otherwise. And after the passage of this title, all the waters of this state shall be controlled and administered in the manner herein provided. Such appropriation shall be perfected only by means of the application, permit and license procedure as provided in this title; provided, however, that in the event an appropriation has been commenced by diversion and application to beneficial use prior to the effective date of this act, it may be perfected under such method of appropriation.

(2) No person shall use the public waters of the state of Idaho except in accordance with the laws of the state of Idaho. No person shall divert any water from a natural watercourse or apply water to land without having obtained a valid water right to do so, or apply it to purposes for which no valid water right exists.

(3) Notwithstanding the provisions of subsection (2) of this section or section 42-229, Idaho Code, water may be diverted and used at any time, with or without a water right:

(a) To extinguish an existing fire on private or public lands, structures, or equipment, or to prevent an existing fire from spreading to private or public lands, structures, or equipment endangered by an existing fire;

(b) For forest practices as defined in section 38-1303(1), Idaho Code, and forest dust abatement. Such forest practices and forest dust abatement use is limited to two-tenths (0.2) acre-feet per day from a single watercourse; or

(c) For the immediate cleanup or removal of hazardous substances or petroleum, as defined in section 39-7203, Idaho Code, that is part of an emergency response by a state emergency response team or local emergency response authority to a release, as defined in section 39-7103, Idaho Code, to protect public health or the environment. The Idaho department of environmental quality, in coordination with the Idaho office of emergency management, shall report to the Idaho department of water resources within seventy-two (72) hours the location, need, and expected duration of the emergency response and shall consult the director of the Idaho department of water resources on maintaining delivery of existing water rights during cleanup or removal operations.

(4) For purposes of subsection (3)(b) of this section, no person shall divert water from a canal or other irrigation facility while the water is lawfully diverted, captured, conveyed, used or otherwise physically controlled by the appropriator.

(5) If water is to be diverted from a natural watercourse within a water district, or from a natural watercourse from which an irrigation delivery entity diverts water, a person diverting water pursuant to subsection (3)(b) of this section shall give notice to the watermaster of the intent to divert water for the purposes set forth in said subsection. In the event that the water to be diverted pursuant to subsection (3)(b) of this section is not within a water district, but an irrigation delivery entity diverts water from the same natural watercourse, the required notices shall be given to said irrigation delivery entity. For uses authorized in subsection (3)(a) of this section, notice shall not be required but may be provided when it is reasonable to do so.

(6) A water right holder who determines that a use set forth in subsection (3) of this section is causing a water right to which the holder is entitled to be deprived of water to which it may be otherwise entitled may petition the director of the department of water resources to order cessation of or modification of the use to prevent injury to a water right. Upon such a petition, the director shall cause an investigation to be made and may hold hearings or gather information in some other manner. In the event that the director finds that an injury is occurring to a water right, he may require the use to cease or be modified to ensure that no injury to other water rights occurs. A water right holder feeling aggrieved by a decision or action of the director shall be entitled to contest the action of the director pursuant to section 42-1701A(3), Idaho Code.

(7) This title delegates to the department of water resources exclusive authority over the appropriation of the public surface and ground waters of the state. No other agency, department, county, city, municipal corporation or other instrumentality or political subdivision of the state shall enact any rule or ordinance or take any other action to prohibit, restrict or regulate the appropriation of the public surface or ground waters of the state, and any such action shall be null and void.

(8) Notwithstanding the provisions of subsection (2) of this section, a municipality or municipal provider as defined in section 42-202B, Idaho Code, a sewer district as defined in section 42-3202, Idaho Code, or a regional public entity operating a publicly owned treatment works shall not be required to obtain a water right for the collection, treatment, storage or disposal of effluent from a publicly owned treatment works or other system for the collection of sewage or stormwater where such collection, treatment, storage or disposal, including land application, is employed in response to state or federal regulatory requirements. If land application is to take place on lands not identified as a place of use for an existing irrigation water right, the municipal provider or sewer district shall provide the department of water resources with notice describing the location of the land application, or any change therein, prior to land application taking place. The notice shall be upon forms furnished by the department of water resources and shall provide all required information.

(9) Notwithstanding the provisions of subsection (2) of this section, a person or entity operating a canal or conduit for irrigation or other beneficial uses authorized by a water right that permits water to be diverted from a natural watercourse for such purposes shall not be required to obtain an additional water right for the incidental use of that same water where the water is diverted for irrigation or other beneficial use and thereafter used to generate hydroelectricity in the canal or conduit, if (a) the use for hydroelectric purposes does not increase the rate of diversion of water from the natural watercourse, and (b) the person or entity has the right to generate electricity under a license or exemption issued under the federal power act, a lease of power privileges or other authorization, agreement or contract with reclamation or other federal, state or local governmental agency. The incidental hydropower use shall be junior to and fully subordinated to all existing and future uses and shall be nonconsumptive. To qualify for this exemption, the person or entity must give written notice to the department of water resources and the watermaster describing the hydropower use, location and capacity of the project upon completion of the project. The notice must include a copy of the order or document authorizing the project. The notice must also certify that the incidental use of water for hydropower purposes under the existing water right meets all the requirements of this subsection.

History:

[(42-201) 1903, p. 223, sec. 41; am. R.C. & C.L., sec. 3252; C.S., sec. 5568; I.C.A., sec. 41-201; am. 1971, ch. 177, sec. 2, p. 843; am. 1986, ch. 313, sec. 2, p. 765; am. 2000, ch. 291, sec. 1, p. 1007; am. 2006, ch. 256, sec. 1, p. 793; am. 2008, ch. 320, sec. 1, p. 887; am. 2012, ch. 218, sec. 1, p. 596; am. 2016, ch. 139, sec. 1, p. 405; am. 2019, ch. 211, sec. 1, p. 641; am. 2020, ch. 6, sec. 1, p. 6.]
Idaho Code § 42-608 — Idaho Code / Title 42 / Chapter 6 / Section 42-608
42-608 WATERMASTER'S TERM OF SERVICE.
Status: in_force

42-608. Watermaster's term of service. (1) The director of the department of water resources, upon receipt of a certified copy of the meeting minutes and the oath of the watermaster as provided for in section 42-605, Idaho Code, shall appoint the watermaster to a term of service throughout the year, extending until the annual meeting for the ensuing year, or until a successor is appointed. A full-year appointment of the watermaster by the director shall have no effect on the watermaster's compensation fixed by the water users at the annual water district meeting as provided for in section 42-605, Idaho Code.

(2) A watermaster shall not begin work for the distribution and control of water required under section 42-607, Idaho Code, until called upon by one (1) or more owners or managers of ditches or persons controlling ditches or other diversion facilities in the district stating that there is a necessity for the distribution and control of the waters of the district. In the absence of a call by one (1) or more water users, the watermaster may be called upon to assume the watermaster's duties at any time the department of water resources finds that there is a necessity for the distribution and control of the waters of the district.

(3) The watermaster shall not continue performing services for the distribution and control of water after the necessity shall cease, which shall be determined by the department of water resources, and which shall not be after the first of November of each year, unless determined necessary by the department of water resources, or is otherwise provided by a resolution adopted at the annual water users' meeting for the water district, or upon receipt of a petition requesting an extension of the watermaster's services for the distribution and control of water in any year from the holder of a water right authorizing the diversion or storage of water during the time period for which the extension is sought and upon a determination of necessity for the diversion or storage of water. Payment for watermaster services during the extension shall be the responsibility of the holders of water rights delivered by the watermaster during the extension. For the purpose of determining voting rights at a water district meeting, amounts paid for watermaster services pursuant to this subsection shall be included in the calculation of annual assessment amounts and assessment rates under sections 42-605 and 42-605A, Idaho Code.

(4) At any annual meeting the water users may, by resolution, provide that the watermaster shall serve throughout the year, or for a set term during each year, for purposes of distribution and control as provided in section 42-607, Idaho Code.

History:

[(42-608) 1903, p. 223, sec. 27; reen. R.C., sec. 3278; am. 1909, p. 326, sec. 1; am. 1915, ch. 34, sec. 13, p. 103; reen. C.L., sec. 3278; C.S., sec. 5612; am. 1927, ch. 63, sec. 3, p. 78; I.C.A., sec. 41-508; am. 1939, ch. 199, sec. 1, p. 378; am. 1991, ch. 101, sec. 3, p. 228; am. 1992, ch. 339, sec. 10, p. 1022; am. 2011, ch. 176, sec. 2, p. 501.]
Idaho Code § 42-802 — Idaho Code / Title 42 / Chapter 8 / Section 42-802
42-802 CONVEYANCE OF STORED WATER — PENALTY FOR INTERFERENCE — DUTY OF SPECIAL DEPUTY.
Status: in_force

42-802. Conveyance of stored water — Penalty for interference — Duty of special deputy. After the special deputy and his assistants shall have adjusted the headgates of all ditches, the owners of which are not entitled to the use of such stored water as provided in the preceding section and before such stored water shall have passed the headgates so adjusted, any person who shall raise or tamper with any such headgate in such manner as to misappropriate any portion of such water to his own use and benefit whether he be the owner of such headgate or not, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 together with imprisonment in the county jail for ten (10) days; and not more than $2000 or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.

Whenever the special deputy or any assistant shall discover any person in the act of committing a misdemeanor declared in this section, he shall arrest such person and turn him over to the sheriff of the county in which the misdemeanor was committed and he shall also file with the county attorney of such county an affidavit setting out the facts with reference to the commission of such misdemeanor.

History:

[(42-802) 1909, p. 150, sec. 2; reen. C.L., sec. 3282i; C.S., sec. 5625; am. 1921, ch. 133, sec. 1, p. 320; I.C.A., sec. 41-702.]
Idaho Code § 42-1709 — Idaho Code / Title 42 / Chapter 17 / Section 42-1709
42-1709 INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR'S DETERMINATION.
Status: in_force

42-1709. Inspection and oversight on complaint or director's determination. (1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, or mine tailings impoundment structure used for storing tailings slurry is unsafe and endangering life or property, then it shall be the duty of the director to inspect, or cause to be inspected, such dam, artificial barrier or embankment or mine tailings impoundment structure as soon as possible, and, if he considers it unsafe, to proceed as provided in this chapter.

(2) If the director determines that the failure of any artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) through (4), Idaho Code, would pose a threat of direct loss of life or significant property damage, the director shall regularly inspect and regulate it as a dam as provided in this chapter.

History:

[(42-1709) 1895, p. 215, sec. 11; reen. 1899, p. 282, sec. 10; reen. R.C., sec. 156; reen. C.L. 126:14; C.S., sec. 2991; I.C.A., sec. 41-1509; am. 1974, ch. 20, sec. 10, p. 533; am. 1978, ch. 309, sec. 1, p. 786; am. 2016, ch. 206, sec. 1, p. 578.]
Idaho Code § 42-1718 — Idaho Code / Title 42 / Chapter 17 / Section 42-1718
42-1718 REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.
Status: in_force

42-1718. Remedial means for protection of life and property. The director shall immediately employ any remedial means necessary to protect life and property if either:

(a) The condition of any dam, reservoir or mine tailings impoundment structure is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order relative to maintenance or operation.

(b) Passing or imminent floods threaten the safety of any dam, reservoir or mine tailings impoundment structure.

In applying the remedial means provided for in this act, the department may in emergency do any of the following:

(a) Lower the water level by releasing water from the reservoir or lower mine tailings slurry level by releasing slurry from the mine tailings impoundment structure.

(b) Completely empty the reservoir.

(c) Take such other steps as may be essential to safeguard life and property.

The director shall continue in full charge and control of such dam or reservoir, or both, or mine tailings impoundment structure, or all, and its appurtenances, until they are rendered safe or the emergency occasioning the action has ceased.

If the cost of the emergency remedial action by the director for the protection of life and property exceeds the amount of money appropriated from the general fund specifically for that purpose, the additional costs may be defrayed by the issuance of deficiency warrants as may be authorized by the board of examiners. When so authorized, the state controller shall draw deficiency warrants against the general fund.

The cost and expenses of the remedial means provided in this act, including cost of any work done to render a dam, reservoir or mine tailings impoundment structure or its appurtenances safe, shall be recoverable by the state from the owner. If not paid within sixty (60) days of invoice, action may be brought by the director in the district court of the district wherein the dam, reservoir or mine tailings impoundment structure or any part thereof is situated. The funds recovered shall be returned to the general fund to offset the amount of the deficiency warrant.

No action shall be brought by the state against the owner for pollution which may occur in the event that the director orders emergency dumping or bypassing.

History:

[42-1718, added 1969, ch. 280, sec. 9, p. 833; am. 1974, ch. 20, sec. 19, p. 533; am. 1978, ch. 309, sec. 9, p. 793; am. 1995, ch. 283, sec. 1, p. 944; am. 2003, ch. 32, sec. 23, p. 130.]
Idaho Code § 42-3108 — Idaho Code / Title 42 / Chapter 31 / Section 42-3108
42-3108 HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING.
Status: in_force

42-3108. Hearing on petition — Findings and order of director — Recording. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections to the organization of the district. The petition shall be prima facie evidence of proponents of the formulation of the district, although such petitioners may withdraw their names at said hearings, or as is otherwise provided by law. The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing, and any other facts necessary for the determination of the practicability and feasibility of said district.

If the director shall recommend that said district be organized, he shall make and enter an order and record the same in the office of the county recorder of each county wherein the lands of the said district thereof are located. The order shall set forth facts as found by him upon the hearing of the petition. Upon entering and recording the order, in the manner provided, the district shall be considered as organized.

Whenever the director shall recommend against the organization of the district at the hearing, but shall recommend the formulation of a district materially different from that prayed for in the petition filed with him, there shall be no further proceedings thereon, unless the director be requested so to do by one-third (1/3) of the qualified voters therein in the same manner as provided herein for the filing of the original petition, and upon the filing of such petition the director shall be required to comply with this act as if such petition had been filed with him in the first instance.

If the director shall recommend that said district not be organized at such hearing, nothing further shall be done unless a new petition shall be filed in the manner herein provided.

History:

[42-3108, added 1971, ch. 300, sec. 8, p. 1219.]
Idaho Code § 42-5276 — Idaho Code / Title 42 / Chapter 52 / Section 42-5276
42-5276 INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43.
Status: in_force

42-5276. Inclusion of irrigation districts organized under title 43. Where the water supply for lands is ground water provided by an irrigation district established under title 43, Idaho Code, and such lands are included in and subject to assessment by the irrigation district, such lands shall be included in a ground water district organized under the provisions of this chapter only if the board of the irrigation district serves notice in the same manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho Code.

History:

[42-5276, added 1995, ch. 290, sec. 1, p. 1013.]
Idaho Code § 42-3226 — Idaho Code / Title 42 / Chapter 32 / Section 42-3226
42-3226 CORRECTION OF FAULTY NOTICES.
Status: in_force

42-3226. Correction of faulty notices. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.

History:

[42-3226, added 1947, ch. 152, sec. 26, p. 364.]
Idaho Code § 42-2811 — Idaho Code / Title 42 / Chapter 28 / Section 42-2811
42-2811 BONDS TO BE ISSUED AFTER LIEN STATEMENT FILED — DIRECT OBLIGATION OF COUNTY — FORM, TERMS, AND CONDITIONS — PROVISIONS FOR PAYMENT.
Status: in_force

42-2811. Bonds to be issued after lien statement filed — Direct obligation of county — Form, terms, and conditions — Provisions for payment. The board of county commissioners of each and every county wherein any irrigation or drainage projects are proposed to be wholly or partially located and established, or wherein lands are located which are assessed for benefits by reason of the construction thereof, is hereby authorized after the filing of the decree of the district court confirming the election and other proceedings authorizing a bond issue of said county, to issue the bonds of their respective counties, and to be designed as "…. county improvement bonds" in such amounts as may be necessary to fully meet and discharge the expenses authorized by this chapter. All such bonds shall be the direct and primary obligations of the county for the full principal and interest thereof. The faith, credit, and all taxable property within the limits of the county, as constituted at the time of such issue, are, and must continue, pledged to the payment of said bonds. All such bonds shall be in the form provided in section 3524 of the Idaho Compiled Statutes and shall be sold negotiated as provided in section 3525 of the Idaho Compiled Statutes, and the board of county commissioners shall provide for the payment of such bonds and interest thereon in like manner as in the case of other county bonds and as set out and provided in section 3522 of the Idaho Compiled Statutes, but shall reimburse the county by enforcing all liens and collecting all assessments from the lands against which benefits have been assessed or apportioned under the provisions of this chapter. The word "expenses" shall be construed to mean and cover every item of cost of said irrigation or drainage project from the filing of the petition to the completion of work and all fees and expenses to be incurred in pursuance thereof. Such bonds shall be payable at such time or times not to exceed twenty (20) years from their date and shall bear such rate of interest payable annually or semiannually as the board of county commissioners shall by resolution determine. Each bond shall contain a recital that it is issued by authority of and in conformity with the provisions of this chapter and such bond may otherwise be in such form as the board of county commissioners may determine, but not in conflict with the requirements of section 3524 of the Idaho Compiled Statutes. Said board of county commissioners shall have power to sell and negotiate said bonds as hereinbefore provided. The proceeds from the sale of all such bonds shall be placed in a general reclamation fund which is hereby created in the county treasury. The county auditor shall keep a separate account with each irrigation or drainage project so established in such county, which account shall be credited with all moneys arising from the sale of bonds, all moneys received as interest or penalties upon liens, charges, assessments, and all other sources on account of such irrigation or drainage system, and which account shall be debited with every item of expenditure made on account of such irrigation or drainage project. Such board of county commissioners shall provide moneys for the payment of principal and interest of said bonds as they severally mature, which money shall be placed in the general reclamation fund into which fund it may transfer any surplus moneys remaining in the general revenue fund, or other funds of the county, which can be properly used for the purpose of this chapter, into which fund shall be paid all moneys received from the payment of any liens created under the provisions of this chapter, and such board is hereby authorized to pay such bonds issued under the provisions of this chapter, or the interest thereon, out of any available funds in the county treasury when the moneys on hand in the general reclamation fund of the treasury are insufficient to meet the payment of the bonds issued in irrigation or drainage proceedings under this chapter when the same mature. But the fund from which such moneys have been taken or used for the payment of bonds after they mature, shall be replenished with interest from the collections of unpaid assessments for irrigation or drainage works constructed under any proceedings had hereunder, as authorized in this chapter.

History:

[(42-2811) 1921, ch. 222, sec. 11, p. 492; I.C.A., sec. 41-2411; am. 1970, ch. 176, sec. 2, p. 508.]
Idaho Code § 42-3714 — Idaho Code / Title 42 / Chapter 37 / Section 42-3714
42-3714 ASSESSMENTS ENTERED AS TAX LIENS IN INSTALMENTS.
Status: in_force

42-3714. Assessments entered as tax liens in instalments. Upon the entering of the resolution and no appeal therefrom being filed within the time allowed for such appeal the directors shall transmit to the county auditor a list of all tracts of land so benefited, together with the amount of the assessment upon each tract, and the name of the owner or owners of each said tract. The county auditor shall immediately enter the same upon the tax rolls of the county against the designated lands, together with the amounts of said assessments. Said assessments shall be subject to the same interest and penalties in case of delinquency as in the case of general taxes, and shall be collected in the same manner as in the case of general taxes, and the lands sold for the collection of said assessment shall be subject to the same right of redemption as lands sold for the collection of general taxes; provided, that the said assessments shall not become due and payable except at such time or times and in such amounts as may be designated by the directors, which designation shall be made to the county auditor by the directors by serving written notice upon the county auditor designating the time and the amount of the assessment, and the amount so designated shall be added by the auditor to the general taxes of the owner or owners of said lands and collected therewith, and providing further, that no one yearly call for assessment by said directors shall be in an amount to exceed ten per cent (10%) of the actual amount necessary to defray the costs of the construction of the said improvement or project. The assessments so levied shall constitute liens against the designated tracts of land.

History:

[42-3714, added 1957, ch. 226, sec. 14, p. 508.]
Idaho Code § 42-1403 — Idaho Code / Title 42 / Chapter 14 / Section 42-1403
42-1403 CERTIFIED COPIES OF ALLOTMENTS.
Status: in_force

42-1403. Certified copies of allotments. It shall be the duty of the clerk of the district court in each of the counties of this state to prepare at the expense of the county, and transmit without delay to the department of water resources by express or registered mail, a certified copy of the allotments of the various streams, made by the district court and now on file in the offices of the district court in the various counties of the state: provided, that said clerk may, in place of such transcript, transmit such original records of such decrees as are recorded in books kept for that purpose. Immediately upon receipt of said transcripts or said original records, it shall be the duty of the department to record them in its files, and to classify and arrange said decrees by placing all the rights to water of one stream and its tributaries together, and the department shall send to each watermaster a certified copy of the allotments made by the district court of all the streams within his district. And when an allotment of the waters of a stream shall be made by the district court, the clerk of such district court shall immediately prepare, at the expense of the county, and transmit to the department of water resources, a certified copy of the decree allotting such waters. The director may issue an abstract of decreed water right which shall describe the elements of a water right as contained in the water right decree.

History:

[(42-1403) 1903, p. 223, sec. 39; reen. R.C. & C.L., sec. 4622; C.S., sec. 7034; I.C.A., sec. 41-1303; am. 1994, ch. 454, sec. 6, p. 1447.]
Idaho Code § 42-2401 — Idaho Code / Title 42 / Chapter 24 / Section 42-2401
42-2401 ADDITIONAL RIGHTS AND POWERS GRANTED IRRIGATION OR CANAL COMPANIES.
Status: in_force

42-2401. Additional rights and powers granted irrigation or canal companies. Any corporation heretofore organized or any corporation that shall hereafter be organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall have and exercise all the rights, powers, and privileges in addition to those already granted and existing.

(1) To divide into districts the territory included in such project or system and to change from time to time the number and boundaries of such districts;

(2) To elect its directors from such districts by a vote in which all the stockholders of the corporation may participate, determine the number of directors to be elected from each district, fix their terms of office and prescribe the times and manner of choosing their successors;

(3) To hold regular annual meetings at which the stockholders who are represented in person or by proxy shall constitute a quorum for the transaction of business and shall have the power by a majority vote of the stock so represented to elect directors and transact any other business of the corporation proper to be done;

(4) To provide for the appointment of an executive committee from the board of directors to be composed of not less than three (3) thereof. Such committee shall have all the powers, rights and privileges of the board of directors and may meet at such times and places as the bylaws may provide or the board of directors may determine, and the acts of such committee shall in all matters be valid as against the corporation;

(5) To provide by amendment to its articles of incorporation or by adopting new articles of incorporation for the treatment and eradication of noxious weeds growing on the lands within the boundaries of said irrigation project and adjacent thereto and to drain excess water from said lands;

(6) To change or amend its articles of incorporation or bylaws or adopt new articles or new bylaws, by a two-thirds (2/3) vote of the stock represented, at any regular meeting of the stockholders or at any special meeting duly called for that purpose in accordance with the provisions of sections 30-310 and 30-311, Idaho Code; provided that any proposed changes in the articles of incorporation or bylaws or any new articles of incorporation or bylaws shall be either proposed at a meeting of the stockholders or approved by at least one-third (1/3) of the board of directors. Before being finally adopted, notice of such proposed articles, bylaws, or changes therein, or a summary of them, shall be given by an advertisement thereof for two (2) weeks in a newspaper of general circulation within the canal company service area and the county in which the principal place of business of the corporation is located or by written notice, placed in the United States mail, postage prepaid, and addressed to the stockholder at his last known post office address;

(7) To prohibit any officer, director, manager or employee of the corporation from acting as proxy for any other person at any meeting of the stockholders;

(8) To prescribe by its articles of incorporation or bylaws the manner in which the powers given by law shall be exercised;

(9) To provide by amendment to its articles of incorporation or by adoption of new articles of incorporation that the directors be divided into two (2) or three (3) classes, each class to be as nearly equal in number as possible; the term of office of directors of the first class to expire at the first annual meeting of directors after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after such classification, the number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting, if there be two (2) classes, or until the third succeeding annual meeting, if there be three (3) classes. Immediately after the first election following such amendment or adoption as provided in this subsection, each such class shall be selected by lot by the elected directors at their organizational meeting; and

(10) To provide for a notice of a meeting of the stockholders or the election of directors by an advertisement thereof for two (2) weeks in a newspaper of general circulation within the canal company service area and the county in which the principal place of business of the corporation is located or by written notice, placed in the United States mail, postage prepaid, and addressed to the stockholder at his last known post office address.

History:

[(42-2401) 1923, ch. 133, sec. 1, p. 194; I.C.A., sec. 41-2001; am. 1943, ch. 150, sec. 1, p. 296; am. 1980, ch. 197, sec. 32, p. 456; am. 1982, ch. 63, sec. 1, p. 125; am. 1989, ch. 350, sec. 1, p. 877; am. 2022, ch. 105, sec. 1, p. 357.]
Idaho Code § 42-2023 — Idaho Code / Title 42 / Chapter 20 / Section 42-2023
42-2023 LANDS ELIMINATED FROM PROJECT — REPAYMENT OF FEES, COMMISSIONS, AND PURCHASE MONEYS — REPAYMENT UPON CANCELLATION OF ENTRY.
Status: in_force

42-2023. Lands eliminated from project — Repayment of fees, commissions, and purchase moneys — Repayment upon cancellation of entry. In all cases where it shall, upon due proof being made, appear to the satisfaction of the director of the department of water resources that persons have made entry under what is commonly known as the Carey Act Laws of the state of Idaho, and have paid to the state of Idaho any fees, commissions or purchase moneys as required by the laws of the state of Idaho relating to Carey Act entries, which entries were, and the lands embraced in such entries have been, by order of the state board of land commissioners, the director of the department of water resources, or final decree of a court of competent jurisdiction, eliminated from the Carey Act project or segregation of which it was a part, and such order of elimination or judgment is based upon the ground that the water supply was deficient, and the entry is canceled or relinquished, the treasurer of the state of Idaho is authorized to repay to such persons or their legal representatives the fees, commissions and purchase moneys so paid by them, upon proper showing and presentation of such claim.

History:

[(42-2023) 1921, ch. 52, sec. 1, p. 83; I.C.A., sec. 41-1723.]
Idaho Code § 42-613A — Idaho Code / Title 42 / Chapter 6 / Section 42-613A
42-613A PROCEEDS FROM THE LEASE OF STORED WATER — DISTRICT RETENTION — CONTROL AND USE BY ADVISORY COMMITTEE.
Status: in_force

42-613A. Proceeds from the lease of stored water — District retention — Control and use by advisory committee. The advisory committee of a water district created pursuant to section 42-604, Idaho Code, and chosen pursuant to section 42-605(6), Idaho Code, when appointed by the water resource board to facilitate the rental of stored water in the district pursuant to section 42-1765, Idaho Code, shall be authorized to manage and retain in a special account the proceeds accruing within the district from the rental of storage water leased under the provisions of section 42-1765, Idaho Code. Notwithstanding the supervisory responsibilities of the director of the department of water resources over the activity of watermasters delivering water within water districts, the account shall be under the exclusive control of the advisory committee of the water district when such committee has been appointed by the water resource board to facilitate the rental of stored water in the district within which the leased water is stored.

All proceeds from the lease of stored water which are retained by the advisory committee of any district under this section shall be used in accordance with the resolutions duly adopted by the water users of the district solely for one or more of the following public purposes:

(1) Expenses of the district.

(2) Improvements to the district's facilities, including a reasonable reserve for future improvements.

(3) Educational projects designed to increase public awareness in the area of water distribution, water rights and water conservation.

(4) Other public projects designed to assist in the adjudication, conservation or more efficient distribution of water.

All funds retained by an advisory committee pursuant to this section shall be deposited by the water district treasurer pursuant to the public depository law.

History:

[42-613A, added 1986, ch. 78, sec. 3, p. 237; am. 1992, ch. 339, sec. 15, p. 1025.]
Idaho Code § 42-3130 — Idaho Code / Title 42 / Chapter 31 / Section 42-3130
42-3130 GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION.
Status: in_force

42-3130. GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION. A guardian, executor, or administrator of an estate who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate that he represents, may, on behalf of the ward or the estate that he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in this chapter for the change of boundaries of the district.

History:

[42-3130, added 2020, ch. 249, sec. 2, p. 731.]
Idaho Code § 42-1302 — Idaho Code / Title 42 / Chapter 13 / Section 42-1302
42-1302 LATERAL WATER USERS' ASSOCIATION ORGANIZATION — BOARD OF DIRECTORS AND LATERAL MANAGER.
Status: in_force

42-1302. lateral water users' association organization — board of directors and lateral manager. (1) Water users who share a common lateral or laterals shall be members of and shall constitute a water users' association known as a lateral water users' association.

(2) The association shall meet annually between January 1 and the last Monday in March of each year.

(a) The secretary-treasurer of the association shall call the annual meeting by providing ten (10) days' written notice before the annual meeting date.

(b) If for any reason the secretary-treasurer fails to call a meeting, the annual meeting shall be held on the last Monday in March.

(3) At the annual meeting, the association shall:

(a) Elect a chair, vice chair, and a secretary-treasurer to serve as the association's board of directors for one (1) year or until successors are elected;

(b) Elect a lateral manager to manage the distribution of water; and

(c) Set the compensation of such elected officers.

(4) The association may:

(a) Adopt rules and regulations for the management of the lateral or laterals and the delivery of water therefrom;

(b) By majority vote, if it is considered to be in the best interests of the lateral water users' association, combine one (1) or more laterals or abandon any lateral not in use; and

(c) Take any lawful action if doing so is in the best interests of the association.

(5) Each water user in the association shall be entitled to cast one (1) vote, in person, for each inch of water the water user is entitled to receive from the lateral and a fractional vote equal to the fraction of an inch of water the water user is entitled to receive. Corporations or other legally recognized entities may designate a representative to cast the vote according to this subsection.

History:

[42-1302, added 2026, ch. 112, sec. 15, p. 570.]
Idaho Code § 42-2908 — Idaho Code / Title 42 / Chapter 29 / Section 42-2908
42-2908 HEARING — OBJECTIONS — FINDINGS.
Status: in_force

42-2908. Hearing — Objections — Findings. Upon the day fixed for the hearing of said petition, any persons or corporation interested therein, may appear before said court and make objections to the organization and incorporation of said district, but such objections shall be limited to determining whether or not the organization of such drainage district is a proper and advantageous method of accomplishing the reclamation and protection of the swamped, bogged or water-logged lands, or lands subject to overflow therein, and whether or not there is a reasonable probability that the objects sought by the formation of the district may be accomplished, and whether or not said proposed drainage system will be conducive either to the public health, welfare or convenience or increase the public revenue; and at the hearing the court shall hear and consider such evidence only as may be presented for or against the petition or objections thereto. Thereupon the court shall make its findings upon the facts alleged in the petition and objections and any other facts necessary and proper for the determination of the propriety of the organization of such district, and if said district be organized, the judge of said court shall cause an order to be entered and recorded in the judgment record of each of the counties in which the lands within said district are situated, setting forth the facts found by the said judge upon the hearing of said petition, and said order shall define the temporary boundaries of said district and describe the lands included therein by township, range and section only, and shall have the effect of a lis pendens.

Any district may be established even if it is shown that the outlet for the drainage system is without the county or counties in which said district is located, or without the boundaries of the state of Idaho, or is in any other state or territory, or in a foreign country; the work for the drainage of said district may be contracted for and performed either entirely or partially within the limits of any other state, territory or foreign country.

History:

[(42-2908) 1913, ch. 16, part of sec. 3, p. 58; reen. C.L. 168:6; am. 1919, ch. 183, sec. 3, p. 559; C.S., sec. 4498; I.C.A., sec. 41-2508.]
Idaho Code § 42-223 — Idaho Code / Title 42 / Chapter 2 / Section 42-223
42-223 EXCEPTIONS OR DEFENSES TO FORFEITURE.
Status: in_force

42-223. Exceptions or defenses to forfeiture. A right to the use of water shall not be lost by forfeiture pursuant to the provisions of section 42-222, Idaho Code, for a failure to apply the water to beneficial use under the conditions specified in any subsection of this section. The legislature does not intend through enactment of this section to diminish or impair any statutory or common law exception or defense to forfeiture existing on the date of enactment or amendment of this section, or to preclude judicial or administrative recognition of other exceptions or defenses to forfeiture recognized in Idaho case law or other provisions of the Idaho Code. No provision of this section shall be construed to imply that the legislature does not recognize the existence or validity of any common law exception or defense to forfeiture existing on the date of enactment or amendment of this section.

(1) A water right appurtenant to land contracted in a federal cropland set-aside program shall not be lost or forfeited for nonuse during the contracted period. The running of any five (5) year period of nonuse for forfeiture of a water right shall be tolled during the time that the land remains in the cropland set-aside program.

(2) A water right held by a municipal provider to meet reasonably anticipated future needs shall be deemed to constitute beneficial use, and such rights shall not be lost or forfeited for nonuse unless the planning horizon specified in the license has expired and the quantity of water authorized for use under the license is no longer needed to meet reasonably anticipated future needs.

(3) A water right shall not be lost or forfeited by a failure to divert and apply the water to beneficial use if the water is not needed to maintain full beneficial use under the right because of land application of waste for disposal purposes including, but not limited to, discharge from dairy lagoons used in combination with or substituted for water diverted under the water right.

(4) A water right shall not be lost or forfeited by a failure to divert and apply the water to beneficial use if the reason for the nonuse of the water is to comply with the provisions of a ground water management plan approved by the director of the department of water resources pursuant to section 42-233a or 42-233b, Idaho Code.

(5) A water right shall not be lost or forfeited by a failure of the owner of the right to divert and apply the water to beneficial use while the water right is placed in the water supply bank or is retained in or rented from the water supply bank pursuant to sections 42-1761 through 42-1765A, Idaho Code, or while the water right is leased pursuant to sections 43-335 through 43-342, Idaho Code, or sections 42-2501 through 42-2509, Idaho Code, or while use of the water is made under any other provision of law authorizing the rental or lease of water rights.

(6) No portion of any water right shall be lost or forfeited for nonuse if the nonuse results from circumstances over which the water right owner has no control. Whether the water right owner has control over nonuse of water shall be determined on a case-by-case basis.

(7) No portion of a water right held by an irrigation district, a Carey Act operating company, or any other company, corporation, association, or entity which holds water rights for distribution to its landowners, shareholders or members shall be lost or forfeited due to nonuse by such landowners, shareholders or members, unless the nonuse is subject to the control of such entity.

(8) No portion of a water right held by an irrigation district shall be lost, forfeited or subject to forfeiture as a result of the exclusion of land from the district pursuant to chapter 11, title 43, Idaho Code, so long as any five (5) year period of nonuse following the exclusion does not result from circumstances over which the district has control.

(9) No portion of any water right shall be lost or forfeited for nonuse if the nonuse results from a water conservation practice, which maintains the full beneficial use authorized by the water right, as defined in section 42-250, Idaho Code.

(10) No portion of any water right shall be lost or forfeited for nonuse if the nonuse results from the water right being used for mitigation purposes approved by the director of the department of water resources including as a condition of approval for a new water right appropriation approved pursuant to section 42-203A, Idaho Code, a water right transfer approved pursuant to section 42-222, Idaho Code, a water exchange approved pursuant to section 42-240, Idaho Code, or a mitigation plan approved in accordance with rules promulgated pursuant to section 42-603, Idaho Code.

(11) No portion of any water right with a beneficial use related to mining, mineral processing or milling shall be lost or forfeited for nonuse, so long as the nonuse results from a closure, suspension or reduced production of the mine, processing facility or mill due in whole or in part to mineral prices, if the mining property has a valuable mineral, as defined in section 47-1205, Idaho Code, and the water right owner has maintained the property and mineral rights for potential future mineral production.

(12) No portion of any water right shall be lost or forfeited for nonuse if, after the five (5) year period of nonuse, use of the water is resumed prior to a claim of right by a third party. A third party has made a claim of right if the party has:

(a) Instituted proceedings to declare a forfeiture;

(b) Obtained a valid water right authorizing the use of such water with a priority date prior to the resumption of use; or

(c) Used the water made available by nonuse pursuant to an existing water right.

History:

[42-223, added 2000, ch. 85, sec. 3, p. 185; am. 2002, ch. 343, sec. 1, p. 961; am. 2003, ch. 166, sec. 1, p. 470; am. 2004, ch. 178, sec. 1, p. 560; am. 2008, ch. 239, sec. 1, p. 719; am. 2020, ch. 296, sec. 2, p. 852.]
Idaho Code § 42-3131 — Idaho Code / Title 42 / Chapter 31 / Section 42-3131
42-3131 NOTICE OF PETITION.
Status: in_force

42-3131. NOTICE OF PETITION. The district shall cause a notice of the filing of such petition to be published in the manner provided in section 42-3117, Idaho Code. The notice shall contain the names of the petitioners and a description of the lands mentioned in the petition. The notice shall provide that all persons interested in or that may be affected by the proposed annexation may appear at the office of the board, at a time named in the notice, and show cause in writing, if they have any, why the lands mentioned should not be annexed to the district.

History:

[42-3131, added 2020, ch. 249, sec. 3, p. 731.]
Idaho Code § 42-2966 — Idaho Code / Title 42 / Chapter 29 / Section 42-2966
42-2966 INTERESTED PERSONS — RIGHT OF EXAMINATION.
Status: in_force

42-2966. Interested persons — Right of examination. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized or existing, or hereafter organized under the laws of the state of Idaho, and which land has been, or hereafter may be, assessed for benefits for the construction of drainage works in said district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, shall have the right personally, or through his agents, attorneys or auditors to examine the books, records and accounts of the drainage commissioners and to make copies thereof.

History:

[42-2966, added 1937, ch. 86, sec. 1, p. 115.]
Idaho Code § 42-1801 — Idaho Code / Title 42 / Chapter 18 / Section 42-1801
42-1801 APPOINTMENT, OATH AND BOND OF DIRECTOR OF DEPARTMENT.
Status: in_force

42-1801. Appointment, oath and bond of director of department. The director of the department of water resources shall be appointed by the governor for a term of four (4) years commencing as of the first Monday of January, 1975, and thereafter for like terms of four (4) years commencing on the first Monday of January of each such terms of office, and until his successor shall be appointed and qualified in the manner as herein provided, and shall, before entering upon the discharge of the duties of his office, take and subscribe an oath to faithfully discharge the duties of his office. The director of the department of water resources shall also be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. If the office of director shall be vacated by the incumbent by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment; and the appointee shall hold his office for the balance of the unexpired term of four (4) years and until his successor is appointed and qualified.

History:

[42-1801, added 1943, ch. 58, sec. 6, p. 120; am. 1970, ch. 12, sec. 1, p. 21; am. 1971, ch. 136, sec. 31, p. 522; am. 1974, ch. 20, sec. 27, p. 533.]
Idaho Code § 42-5245 — Idaho Code / Title 42 / Chapter 52 / Section 42-5245
42-5245 PETITION FOR ANNEXATION OF LAND.
Status: in_force

42-5245. Petition for annexation of land. Any ground water user, as defined in section 42-5201(8), Idaho Code, as well as any user of ground water for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, may file with the board a petition in writing praying that the land and/or facilities listed under the ground water user's ground water right(s) may be annexed into the district. The petition shall contain a legal description of the lands and any other information the district may require, and the petitioner shall state under oath that petitioner holds the title to said lands. If the ground water user is a nonirrigator, the petition shall state if the ground water user is seeking to join the district solely to participate in the district's mitigation plans and other mitigation activities.

History:

[42-5245, added 1995, ch. 290, sec. 1, p. 1003; am. 2005, ch. 367, sec. 14, p. 1164; am. 2016, ch. 109, sec. 1, p. 314.]
Idaho Code § 42-4404 — Idaho Code / Title 42 / Chapter 44 / Section 42-4404
42-4404 CORPORATE POWERS OF LEVEE DISTRICTS.
Status: in_force

42-4404. Corporate powers of levee districts. Any portion of a county requiring the maintenance, operation, or construction of a levee to contain irrigation water or to prevent flooding, may be organized into a levee district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred by law upon such district and board of commissioners, and said district shall be known and designated as levee district no. ……. of the county of …………., of the state of Idaho, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such levee district, have the power and it shall be their duty, to manage and conduct the business and affairs of the district, and make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as herein provided, or that may hereafter be provided by law.

History:

[42-4404, added 1990, ch. 396, sec. 1, p. 1109.]
Idaho Code § 42-1421 — Idaho Code / Title 42 / Chapter 14 / Section 42-1421
42-1421 PROCEDURES FOR ADJUDICATION OF UNPERFECTED WATER RIGHTS INITIATED UNDER STATE LAW — DIRECTOR'S JURISDICTION.
Status: in_force

42-1421. Procedures for adjudication of unperfected water rights initiated under state law — Director's jurisdiction. (1) All persons claiming a water right based on an application or permit on the date of entry of the order commencing a general adjudication are not required to file a notice of claim unless required in accordance with subsection (7) of section 42-1409, Idaho Code. If the director approves the application in whole or in part during the pendency of a general adjudication and prior to filing the director's report, the director shall notify the permit holder of the pendency of the general adjudication. A permit holder who is not required by the director to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code, may file a notice of claim at any time prior to filing the director's report.

(2) All persons claiming a water right based on a water right license existing on the date of entry of the order commencing a general adjudication shall file a notice of claim.

(3) The district court shall decree any claimed water right for which proof of beneficial use has not been filed, but shall state that the right is conditioned upon completion of the appropriation in accordance with the laws of the state governing the appropriation of water and that the decreed right shall be subject to the terms of the license to appropriate water that is ultimately issued.

(4) The director retains jurisdiction of all applications, permits and licenses under chapter 2, 3, 6 or 15, title 42, Idaho Code, to take action authorized by the conditions contained in any permit or license or by applicable law and action on any application for transfer under section 42-222, Idaho Code.

(5) The director retains jurisdiction of all decreed water rights under chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by the conditions of any decree or by applicable law, including action on any application for transfer under section 42-222, Idaho Code.

(6) The director retains jurisdiction of all beneficial use water rights under chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by applicable law.

History:

[42-1421, added 1986, ch. 220, sec. 21, p. 580; am. 1994, ch. 454, sec. 27, p. 1472; am. 1996, ch. 186, sec. 6, p. 591.]
Idaho Code § 42-3916 — Idaho Code / Title 42 / Chapter 39 / Section 42-3916
42-3916 ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Status: in_force

42-3916. Enforcement procedure — Injunctive relief. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. The director shall have the further authority to seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate the provisions of this chapter, of the rules adopted thereunder, or of the permits issued by the director and mandating any person to take action appropriate under the circumstances to correct any violation. In any such action the director need not show irreparable injury for the issuance of a preliminary or permanent injunction, or both, or a temporary restraining order.

History:

[42-3916, added 1984, ch. 155, sec. 17, p. 380; am. 1998, ch. 173, sec. 12, p. 611.]
Idaho Code § 42-3115 — Idaho Code / Title 42 / Chapter 31 / Section 42-3115
42-3115 COMMISSIONERS — POWERS AND DUTIES.
Status: in_force

42-3115. Commissioners — Powers and duties. The board of commissioners of flood control districts shall have the following powers and duties:

(1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of construction, costs of operation and maintenance of the work and equipment of the district, and to levy and cause to be collected assessments on real property within the district in an amount not to exceed six hundredths of one percent (.06%) of the market value for assessment purposes on all taxable property within the district, provided however that a higher levy may be approved and ratified by the qualified voters at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose in the same manner as provided for the approval and ratification of contracts in section 42-3117, Idaho Code, and said levy shall be certified by the board to the board of county commissioners of the county, or counties, in which said district is located, with directions that, at the time and in the manner required by law for levying taxes for county purposes, such board, or boards, of county commissioners shall levy such tax on the market value for assessment purposes of the real property within the boundaries of the district. Such certification of levies shall be prepared and forwarded by the board of the flood control district to the board, or boards, of county commissioners on or before September 1 of each year. Such levies shall be levied and collected in the manner provided by law, and the moneys collected shall be turned over to the treasurer or treasurers of the county, or counties, in which said district is located. Said moneys shall be public funds and subject to the provisions of the public depository laws of the state.

(2) To employ such personnel as may be necessary to carry out the purposes and objects of this chapter, with the full power to bind said district for the compensation of such personnel.

(3) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments necessary or convenient to the exercise of its power; and to promulgate, amend and repeal rules not consistent with the provisions of this chapter.

(4) To manage and conduct the business and affairs of the district, both within and without the district.

(5) To enter into contracts for the purposes of this chapter, provided however, that the board shall purchase goods and services in accordance with the provisions of chapter 28, title 67, Idaho Code. However, where it is determined by order of the board that there is an existing flooding emergency, or that the district is in a flood fight, the requirement for sealed competitive bids shall not apply.

(6) To prescribe the duties of officers, agents and employees as may be required.

(7) To establish the fiscal year of the district and to keep records of all business transactions of the district.

(8) To prepare a statement of the financial condition of the district at the end of each fiscal year in a form to be prescribed by the director or by the legislative services office, to publish in at least one (1) issue of some newspaper published or in general circulation in the county, or counties, in which such district is located and to file a certified copy of such financial report with the director and the legislative services office on or before February 2 of each year.

(9) To have an audit of the financial affairs of the district as required in section 67-450B, Idaho Code. A certified copy of said audit shall be filed with the director on or before February 2 following the audit.

(10) To obtain options on and acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise any property, real or personal, in accordance with chapter 28, title 67, Idaho Code, and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; to lease any of its property or interest therein in furtherance of the purposes and provisions of this chapter.

(11) To have the power of eminent domain for the use of the district in the construction, operation, maintenance and upkeep of its structures, waterways, dikes, dams, basins, or any other use necessary in the carrying out of the provisions of this chapter.

(12) To convey rights-of-way and easements for highways, public roads, public utilities, and for other purposes over district property, as shall be determined by the board to be in the best interests of the district.

(13) To convey, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district in any real or personal property. Prior to such sale or conveyance, the board shall have the property appraised by three (3) disinterested residents of the district, which appraisal shall be entered in the minutes of the board. The property may be sold at public auction or at a private sale by sealed competitive bids, as the board shall determine, to the highest cash bidder, provided that in no case shall any property of a district be sold for less than its appraised value. All sales by sealed competitive bids shall be advertised as herein provided.

(14) To conduct, implement, participate in, and support the following flood control activities and operations independently or in cooperation with other agencies, entities, and individuals, whether within or outside the boundaries of the district:

(a) Flood risk reduction;

(b) Flood response;

(c) Flood recovery;

(d) Construction, operation, maintenance, repair, or replacement of flood control structures;

(e) Flood studies;

(f) Use and improvement of streams, channels, and other surface watercourses for flood management;

(g) Declaring a flooding emergency and conducting flood response. Provided however, that the extent of any stream channel alteration during a flooding emergency shall be limited to that amount of work deemed necessary by the board to safeguard life or property, including growing crops;

(h) Repair and stabilization of stream banks;

(i) Removal of debris. If the district determines that there is no reasonable means of transporting and disposing of debris outside the mean high water mark of the channel, the district may deposit the debris along the stream banks outside the mean high water mark and may thereafter dispose of combustible materials removed from the stream by burning in conformance with any applicable permitting requirements of the state of Idaho or local governments and after reasonable notice to nearby landowners; and

(j) Conducting flood control operations to prevent flooding from the release of water from a canal, ditch or drain upon the request of the owner thereof.

(15) To enter into contracts or agreements with the United States or any of its officers, agents, or subdivisions, or with the state or any of its officers, agents or political subdivisions, and to cooperate with such governments, persons or agencies in effectuating, promoting and accomplishing the purposes of this chapter, provided that the district has sufficient moneys on hand, or in their budget for the year in which said contract is entered into, to defray the expenditure of funds called for in such contract without the creation of any indebtedness. Whenever any such contract shall, by its terms, require the expenditure of funds by the district in excess of the moneys on hand or the funds to be realized from its budget for the year in which said contract is entered into, then such contract may not be entered into by the district until ratified by two-thirds (2/3) of the qualified voters voting at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose, according to the provisions of this chapter.

(16) To bear its allocated share of the cost of any project resulting from any contract or agreement entered into as provided herein.

(17) To take over, administer and maintain pursuant to any agreement or contract entered into in accordance with the provisions of this chapter any flood control project within or without the boundaries of the district undertaken in cooperation with the United States or any of its agencies, or with the state of Idaho or any of its agencies, or any combinations thereof.

(18) To accept donations, gifts and contributions in money, services, or materials, or otherwise, from the United States or any of its agencies, or the state of Idaho or any of its agencies, or any combinations thereof, and to expend such moneys, services, or materials in carrying out its operations.

(19) To exercise all other powers necessary, convenient or incidental to carrying out the purposes and provisions of the chapter.

History:

[42-3115, added 1971, ch. 300, sec. 15, p. 1219; am. 1979, ch. 175, sec. 1, p. 523; am. 1985, ch. 79, sec. 1, p. 152; am. 1993, ch. 258, sec. 1, p. 887; am. 1993, ch. 327, sec. 21, p. 1212; am. 1993, ch. 387, sec. 12, p. 1428; am. 1995, ch. 82, sec. 18, p. 228; am. 1995, ch. 118, sec. 60, p. 475; am. 1996, ch. 159, sec. 17, p. 520; am. 2005, ch. 213, sec. 9, p. 643; am. 2014, ch. 72, sec. 3, p. 184; am. 2024, ch. 175, sec. 3, p. 659; am. 2025, ch. 154, sec. 3, p. 759.]
Idaho Code § 42-2913 — Idaho Code / Title 42 / Chapter 29 / Section 42-2913
42-2913 COMPENSATION.
Status: in_force

42-2913. Compensation. The drainage commissioners shall receive for their services such sum as the board of drainage district commissioners fix by resolution for each day they shall actually be engaged in the business of their office, and actual and necessary expenses. In addition, the commissioners shall each receive a mileage allowance computed at the rate established by the state board of examiners for employees of the state for each mile driven and such allowance shall be the full amount allowed for travel expense.

History:

[(42-2913) 1913, ch. 16, part of sec. 7, p. 58; am. 1915, ch. 42, part of sec. 1, p. 124; reen. C.L. 168:11; C.S., sec. 4503; I.C.A., sec. 41-2513; am. 1957, ch. 78, sec. 1, p. 127; am. 1967, ch. 22, sec. 1, p. 39; am. 1974, ch. 160, sec. 1, p. 1394; am. 1986, ch. 62, sec. 1, p. 179; am. 1992, ch. 52, sec. 1, p. 156; am. 2018, ch. 92, sec. 1, p. 197.]
Idaho Code § 42-2024 — Idaho Code / Title 42 / Chapter 20 / Section 42-2024
42-2024 MANNER OF REPAYMENT.
Status: in_force

42-2024. Manner of repayment. Such claim shall be paid from the funds herein appropriated by warrant drawn by the state controller upon the treasurer of the state upon allowance of a verified claim by the state board of examiners in the manner provided by law, but no claim shall be allowed except the approval of the director of the department of water resources be indorsed thereon.

History:

[(42-2024) 1921, ch. 52, sec. 2, p. 83; I.C.A., sec. 41-1724; am. 1994, ch. 180, sec. 85, p. 484.]
Idaho Code § 42-211 — Idaho Code / Title 42 / Chapter 2 / Section 42-211
42-211 AMENDED APPLICATION OR PERMIT — APPEALS.
Status: in_force

42-211. Amended application or permit — Appeals. Whenever a permit has been issued pursuant to the provisions of this act, and the permit holder desires to change the place, period, or nature of the intended use, or make other substantial changes in the method of diversion or proposed use or uses of the water, he shall file an application for amendment upon forms to be furnished by the department of water resources together with the statutory fee for filing and recording same, and upon receipt thereof it shall be the duty of the department of water resources to examine same and if approval thereof would not result in the diversion and use of more water than originally permitted and if the rights of others will not be adversely affected thereby, the director of the department of water resources shall approve said application and return an approved copy to the permit holder. The director of the department of water resources shall give such notice to other affected water users as he deems appropriate and may grant the amendment, in whole or in part or upon conditions, or may deny same. Notice of partial approval or conditions or denial of an amendment shall be forwarded to the applicant by certified mail and shall be subject to judicial review as hereafter provided. The priority of the right established pursuant to a permit which has been amended under these provisions shall date from the date of the original application for permit, provided the permit holder has complied with other provisions of this act.

In connection with any application on which permit has not been issued, amendments may be made by indorsement by the applicant or his agent on the original application, which indorsement shall be initialed and dated. If the amendment will result in the use of more water than originally asked, the priority of the right shall be changed to the date of said amendment. The applicant shall also be required to pay any additional filing fee as a result of an amendment of the rate of diversion or volume of storage requested in such amended application. If amendment is made after publication of notice of the original application, said notice shall be republished following amendment, upon payment by the applicant of the statutory fee for republication as in this act provided.

The notice shall be published in the same manner as provided by section 42-203, Idaho Code, for publication of notice of an application for permit. Protests to the application for amendment may be filed with and heard by the director in the same manner as provided by section 42-203, Idaho Code, for protests to an application for a permit.

If a protest is filed and a hearing on the protest held, any person aggrieved by the final decision of the director following the hearing may seek judicial review thereof pursuant to section 42-1701A(4), Idaho Code.

If no protest is filed and the director grants the amendment in part or on conditions or rejects the amendment without a hearing, the applicant may request a hearing pursuant to section 42-1701A(3), Idaho Code, for the purpose of contesting the action of the director and following the hearing and the issuance of a final decision by the director may seek judicial review thereof pursuant to section 42-1701A(4), Idaho Code.

History:

[(42-211) 1907, p. 314, sec. 1; reen. R.C. & C.L., sec. 3255; C.S., sec. 5571; I.C.A., sec. 41-205; am. 1967, ch. 374, sec. 4, p. 1079; am. 1980, ch. 238, sec. 4, p. 531.]
Idaho Code § 42-712 — Idaho Code / Title 42 / Chapter 7 / Section 42-712
42-712 PROPOSED BUDGET FOR SUCCEEDING YEAR.
Status: in_force

42-712. Proposed budget for succeeding year. Each district hydrographer shall, at least thirty (30) days prior to the annual meeting of the appropriators or water users of the water measurement district, also prepare and file with the department of water resources a proposed budget for the succeeding year, together with an allocation of the amount of the budget to the respective appropriators or water users, using the actual amounts for the past year or years as the basis for the allocation, which proposed budget and allocation shall be submitted to the appropriators or water users for consideration and approval at the next annual district meeting.

History:

[42-712, added 1995, ch. 291, sec. 3, p. 1022.]
Idaho Code § 42-3601 — Idaho Code / Title 42 / Chapter 36 / Section 42-3601
42-3601 PURPOSE TO PREVENT EROSION, FLOODWATER AND SEDIMENT DAMAGES.
Status: in_force

42-3601. Purpose to prevent erosion, floodwater and sediment damages. Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the state of Idaho, causing loss of life and damage to property, constitute a menace to the welfare of the citizens of Idaho; and it is the sense of the legislature of the state of Idaho that the state of Idaho should cooperate with the United States of America, with any political subdivision or public agency in the state of Idaho and with any private person, association, corporation or group of persons, or any agent or agency of any of the foregoing now or hereafter having authority to so cooperate for the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water in Idaho and thereby of preserving and protecting the land and water resources of the state of Idaho.

History:

[42-3601, added 1957, ch. 120, sec. 1, p. 199.]
Idaho Code § 42-2816 — Idaho Code / Title 42 / Chapter 28 / Section 42-2816
42-2816 LIENS — HOW PAID — TAXES.
Status: in_force

42-2816. Liens — How paid — Taxes. The payment of such liens shall be made to the same county officer to whom other county taxes are required by law to be paid and become due and delinquent on the same day of the year as other county taxes. The date of the maturity of said lien shall be fixed by resolution of the county commissioners at the time of the issue of said bonds, and shall correspond to the maturity of said bonds. The said principal lien shall bear interest at a rate not to exceed six per cent (6%) per annum, payable annually on the same day of the year provided by law for the payment of the other county taxes, such interest to be reckoned from the date of the filing of the lien statement in the office of the county recorder and interest on the whole of the principal of such lien remaining from time to time unpaid shall be paid annually on the same day of each year except as hereinafter in this section otherwise provided. In case bonds shall be issued by the county then the lien shall bear the same rate of interest as such bonds. On or before the first day of October next following such filing of the lien in the office of the county recorder, the county auditor shall for the purpose of enforcing payment of such lien, enter on a project lien record of said county the whole amount of such lien remaining unpaid against each respective tract of land subject thereto, and shall at the same time, or before tax lists or tax rolls are turned over to the county tax collector, compute interest as in this chapter provided on such unpaid amount to the first day of July following and shall enter such interest on the tax list and tax rolls for such year and the instalments of such lien and interest thereon together with such amount as may be required for the sinking fund as herein provided shall be collected in the same manner as real estate taxes for that year on the tract in question are collected, and the county auditor shall in the same manner each year thereafter compute interest on the amount of such lien remaining unpaid and not previously entered on the tax rolls of prior year, or years, together with interest to the first of July and enter the same together with the instalment, if any, together with such amount as may be required for the sinking fund as herein provided then due on the tax lists and tax rolls, said instalment, interest and sinking fund to be collected in like manner as the first payment until the whole amount of any such lien and accumulated interest shall have been so entered on the tax rolls and tax lists of such county, and all of the provisions of law now or hereafter existing in relation to the collection of real estate taxes so far as applicable hereto are hereby adopted for the purpose of enforcing payment of such liens and instalments thereof and of the interest thereon, and each of the same shall be subject to the same penalties for delinquency in payment as provided by law for other county taxes. When payment of the full amount of such liens with accumulated interest shall thus, or at any one time, be made, the auditor upon presentation of a receipt from the treasurer to that effect, shall issue under his hand and official seal a certificate of such payment and the same when recorded in the office of the county recorder shall release and discharge said lien of record. If any item of cost of an irrigation or drainage project established under this chapter from the inception of such project to its completion has been, or shall be omitted from the original tabular statement for assessments made and filed by the auditor with the county recorder, then a supplementary statement or assessment shall be made by said auditor in the same form and manner as the original statement so far as practicable showing such omitted costs, which supplementary statement or assessment shall be filed for record in the office of the county recorder and shall be due and payable and collectible in the same manner, time and form as if a part of the last annual instalment of the original assessment.

History:

[(42-2816) 1921, ch. 222, sec. 16, p. 492; I.C.A., sec. 41-2416.]
Idaho Code § 42-1748 — Idaho Code / Title 42 / Chapter 17 / Section 42-1748
42-1748 CONSTRUCTION OF ACT.
Status: in_force

42-1748. Construction of act. This act shall be authority for the issuance of the bonds and warrants hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such bonds or warrants contained in any other act shall not apply to the bonds or warrants issued under this act. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this act for the purpose of this act only.

History:

[42-1748, added 1965, ch. 319, sec. 10, p. 898.]
Idaho Code § 42-3713 — Idaho Code / Title 42 / Chapter 37 / Section 42-3713
42-3713 APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR ASSESSMENTS.
Status: in_force

42-3713. Appeal from approval of project or determination of benefits or assessments. Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within ninety (90) days, take an appeal from the resolution of the directors accepting or ratifying the report of the appraisers, or from the resolution of the directors determining that the proposed improvement or project should be constructed by filing a petition with the district court of the county within which the property is located. Such petition shall set forth objections to the resolution of the directors determining that such project or improvement should be constructed, or to the resolution affirming the report of the appraisers. The said court may require the party to frame the issues, and shall set a time for a hearing. Upon demand of any petitioner the court shall impanel a jury to determine such issues of fact as may be framed. The report of the appraisers as confirmed by the directors shall be prima facie evidence of the facts therein determined, and the petitioner shall have the burden of proof as to such issues. After hearing the cause, either with or without a jury, the court shall make and enter findings, judgment and order confirming the resolution of the directors, with or without amendments or modifications, or may declare the same void in whole.

History:

[42-3713, added 1957, ch. 226, sec. 13, p. 508.]
Idaho Code § 42-5110 — Idaho Code / Title 42 / Chapter 51 / Section 42-5110
42-5110 CANVASS OF RETURNS — DECLARATION OF WINNERS.
Status: in_force

42-5110. Canvass of returns — Declaration of winners. On the first Monday after each election, or at a time designated by the board of directors, the board shall meet at its usual place of meeting and proceed to canvass the returns. By order entered on its minutes, the board shall declare elected the person or persons having the highest number of votes for each office.

History:

[42-5110, added 1987, ch. 349, sec. 1, p. 768.]
Idaho Code § 42-2973 — Idaho Code / Title 42 / Chapter 29 / Section 42-2973
42-2973 FORM OF RELEASE AND DISCHARGE.
Status: in_force

42-2973. Form of release and discharge. The release and discharge provided for in section 42-2972, Idaho Code, shall be in substantially the following form:

Release and discharge from liability from payment of the bonded and warrant indebtedness of drainage district number …. in …. County, Idaho, from the lien of the assessment roll of said district as confirmed by the court.

WHEREAS, on the …. day of …., ….,

……… (The owner, part owner, mortgagee or other lienholder, as the case may be) paid to the County Treasurer of …. County, Idaho, …. (in cash, bonds, warrants or matured interest coupons of said district, as the case may be) the sum of $…., being the total unpaid amount of the lien against the real property hereinafter described, created by the assessment roll of said district; said property being situate within Drainage District Number …., in …. County, Idaho, and particularly described as follows, to wit:

(Insert description of property.)

and being shown on the assessment roll of said district as assessment number …..

NOW THEREFORE, in consideration of such payment, and pursuant to law, the undersigned does by those presents release and discharge the above described tract, lot or parcel of land from the lien against said land created by the assessment roll of Drainage District Number …. in …. County, Idaho, and from the payment of all of the bonded indebtedness now existing against the same, and from the payment of any bonds now issued or that may hereafter be issued to refund the same, or any part thereof, and from the payment of any warrants of the district heretofore issued or that may hereafter be issued in payment of interest on such indebtedness or refunded indebtedness, and releases and discharges said tract, lot or parcel of land from further payment of benefits assessed against said land as shown by the assessment roll of said district and from all liens created thereby, save and except assessments made or to be made by said district for the operation and maintenance thereof.

IN WITNESS WHEREOF, I, the County Treasurer of the county of …., state of Idaho, and duly authorized by law to collect all sums of money assessed by the drainage commissioners of Drainage District Number …. in said county, have hereunto set my hand as such county treasurer this …. day of …., …..

Said release and discharge shall be acknowledged before an officer authorized to take acknowledgments to conveyances. The acknowledgment shall be substantially in the following form:

STATE OF IDAHO

ss.

COUNTY OF ….

On this …. day of …., …., before me, …., (Official Character), in and for said state, personally appeared …., known to me to be the person whose name is subscribed to the within instrument as the County Treasurer of the county of …., state of Idaho, and acknowledged to me that …. he executed the same, as such treasurer.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

History:

[42-2973, added 1935, ch. 56, sec. 3, p. 105; am. 2002, ch. 32, sec. 15, p. 53.]
Idaho Code § 42-5232 — Idaho Code / Title 42 / Chapter 52 / Section 42-5232
42-5232 LEVY OF ASSESSMENTS.
Status: in_force

42-5232. Levy of assessments. (1) The secretary of the board shall be the assessor of the district and, on or before August 1 of each year, shall prepare an assessment book containing a full and accurate list of all lands within the district that are subject to assessment under this chapter.

(2) At a regular meeting of the board between August 1 and November 1 of each year, the board of directors shall determine the amount necessary to be raised for payment of the annual payment on any and all indebtedness of the district for the following year. Money received in payment of such assessments shall be deposited in a separate fund to be known as the debt retirement fund.

(3) The board shall, in addition, determine the assessments necessary to pay, without limitation, the expenses of developing, operating or maintaining any mitigation plan established by the district and the cost of contracts with any person for mitigation plans, or evaluation of proposed contracts. Money received in payment of such assessments shall be deposited in a separate fund to be known as the mitigation expense fund.

(4) The board shall, in addition, determine the assessments necessary to pay maintenance and operation of the district not related to mitigation plans or purposes. These operation and maintenance duties include making the assessment book, giving notice of assessments and making collections thereof, and other duties, programs or projects of the district to the extent such duties, programs or projects are not attributable to mitigation plans or purposes. Money received in payment of such assessments shall be deposited in a separate fund of the district to be known as the operating expense fund.

(5) If, after levying the regular assessments described in this section, the board determines that the money held in such fund is inadequate or prior to the next regular assessment is likely to become inadequate to pay the expenses for which such fund exists, the board may levy an emergency assessment to pay such additional expenses; provided, that the board shall, at least fourteen (14) days prior to the meeting at which the board determines the amount necessary to pay such expenses, mail written notice of the board's intent to levy an emergency assessment to each member of the district at the address on file with the district.

(6) If a mitigation plan has been approved and a district member fails to operate in accordance with the plan, the board may take action to mitigate such member's noncompliance and levy a special assessment against such member equal to one hundred twenty-five percent (125%) of all costs incurred by the district to mitigate such member's noncompliance. If the noncompliance constitutes excess water use, the board may alternatively levy a special assessment of up to three hundred dollars ($300) per acre-foot of excess water use.

(7) Any ground water user who becomes a member of a district for mitigation purposes shall be subject to no assessment beyond his proportional share of the costs, including administrative costs and other reasonable expenses, of any mitigation plan or actions or activities in furtherance of the district's mitigation plans or purposes.

(8) No assessment made pursuant to this chapter shall be a lien against any municipal property.

(9) Except as otherwise provided in this chapter, each member shall pay a proportionate share of the total of all amounts to be assessed for the purposes aforementioned, which share shall be based on (a) the ratio that the quantity of water the member is authorized to divert under the member's ground water right(s) bears to the total quantity of water authorized for diversion under the ground water rights of all members of the district, or (b) the ratio that the number of acres the member is authorized to irrigate under the member's ground water right bears to the total number of acres authorized for irrigation under the ground water rights of all members of the district; provided, that the board shall be entitled to levy assessments that adjust a member's proportionate share to take into consideration priority dates, consumptive use under the members' respective ground water rights, other attributes of the ground water rights appurtenant to the assessed lands, and/or the benefits the member derives from a mitigation plan or other activity of the district. Any nonirrigator who is a member of a ground water district, or whose ground water rights are appurtenant to property located within a ground water district, and who has adopted and implemented a mitigation plan that has been approved by the director and that is not inconsistent with such a plan approved by the director and adopted and implemented by the ground water district, shall be entitled to an assessment credit for the contribution made by that nonirrigator's mitigation plan toward the district's mitigation obligation as determined by the director.

History:

[42-5232, added 1995, ch. 290, sec. 1, p. 996; am. 2006, ch. 355, sec. 2, p. 1087; am. 2016, ch. 112, sec. 1, p. 317; am. 2019, ch. 33, sec. 1, p. 93; am. 2024, ch. 60, sec. 1, p. 286.]
Idaho Code § 42-3232 — Idaho Code / Title 42 / Chapter 32 / Section 42-3232
42-3232 VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER.
Status: in_force

42-3232. Validation of acts taken pursuant to this chapter. (1) All acts and proceedings heretofore taken pursuant to chapter 32, title 42, Idaho Code, for the organization of the district, the elections incidental thereto, the authorization, issuance, and sale of bonds of any such district, are hereby confirmed, validated and declared legally effective, including all acts and proceedings of any person, public officer, board or agency heretofore done or taken upon the question of the authorization, issuance, sale or exchange of such bonds authorized to be issued under such statutes, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in the creation of such public body, including all election procedures incidental thereto, and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment.

(2) The provisions of this section shall not operate to confirm, validate or legalize any action or proceedings, the legality of which is being contested or inquired into any legal proceeding now pending and undetermined and shall not operate to confirm, validate or legalize any action or proceedings which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

(3) Any action or proceeding contesting the validity of any action or proceeding referred to in subsection (1) of this section shall be brought within thirty (30) days from the effective date of this act.

(4) This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.

History:

[42-3232, added 1979, ch. 272, sec. 3, p. 708.]
Idaho Code § 42-2303 — Idaho Code / Title 42 / Chapter 23 / Section 42-2303
42-2303 COOPERATION WITH ESTABLISHED WEED PROGRAM.
Status: in_force

42-2303. Cooperation with established weed program. The work to be carried on under the provisions of this act shall be in cooperation with the weed program of the constituted authorities of the state, pursuant to chapter 235 of the 1939 Session Laws, and Acts amendatory thereof, but shall not interfere with or usurp any of the powers which are now granted by the provisions of said act, or acts amendatory thereof.

History:

[42-2303, added 1945, ch. 30, sec. 3, p. 37.]
Idaho Code § 42-238a — Idaho Code / Title 42 / Chapter 2 / Section 42-238a
42-238a WATER ADMINISTRATION ACCOUNT.
Status: in_force

42-238a. Water administration account. There is hereby created in the state treasury a special account known as the water administration account. All fees and other moneys collected by the director of the department of water resources pursuant to sections 42-221, 42-238, 42-1713, 42-3905, 42-4003, and 42-4011, Idaho Code, shall be deposited in the water administration account. All moneys deposited in the water administration account are hereby appropriated to the director for the purpose of the administration of the provisions of title 42, Idaho Code, and no moneys received in the account shall be disbursed by the state treasurer unless the voucher for such disbursement contains the certificate of the director that such voucher is for an expense incurred in the administration of the provisions of title 42, Idaho Code.

History:

[42-238a, 1951, ch. 200, sec. 23, as added by 1953, ch. 182, sec. 10, p. 277; am. 1968 (2nd E.S.), ch. 25, sec. 2, p. 47; am. 1974, ch. 20, sec. 2, p. 533; am. 1987, ch. 158, sec. 3, p. 311; am. 2021, ch. 36, sec. 6, p. 89.]
Idaho Code § 42-3706 — Idaho Code / Title 42 / Chapter 37 / Section 42-3706
42-3706 ELECTION OF DISTRICT DIRECTORS.
Status: in_force

42-3706. Election of district directors. After the date of issuance of the secretary of state of a certificate of organization of a watershed improvement district nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for directors of such district. The state soil and water conservation commission shall give notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, for the election of two (2) directors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed in the manner provided in section 34-1404, Idaho Code, shall appear arranged in the alphabetical order of the surnames upon ballots with a square before each name, and direction to insert an X mark in the square before any two (2) names to designate the voter's preference. All qualified electors who own land or reside within the proposed district shall be eligible to vote in said election. The two (2) candidates who shall receive the largest number respectively of the votes cast in such election shall be elected for such district. The state soil and water conservation commission shall pay all the expenses of such election, supervise the conduct thereof, and publish the results thereof in accordance with the provisions of chapter 14, title 34, Idaho Code. All elections in existing districts following the first election shall be conducted by the district directors of the district involved who shall give notice of such elections and who shall bear the cost thereof.

In any election for director, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated for director positions is equal to the number of directors to be elected, it shall not be necessary for the candidates to stand for election, and the board of directors shall declare such candidates elected as directors, and the secretary of the district shall immediately make and deliver to such persons certificates of election.

History:

[42-3706, added 1957, ch. 226, sec. 6, p. 508; am. 1995, ch. 118, sec. 73, p. 489; am. 2010, ch. 279, sec. 30, p. 753.]
Idaho Code § 42-4407 — Idaho Code / Title 42 / Chapter 44 / Section 42-4407
42-4407 JURISDICTION TO ESTABLISH DISTRICTS.
Status: in_force

42-4407. Jurisdiction to establish districts. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish levee districts which may be entirely within or partly within and partly without the judicial district in which said court is located.

History:

[42-4407, added 1990, ch. 396, sec. 1, p. 1110.]
Idaho Code § 42-3902A — Idaho Code / Title 42 / Chapter 39 / Section 42-3902A
42-3902A PROHIBITION OF INJECTION OF HAZARDOUS WASTES AND OF RADIOACTIVE WASTES.
Status: in_force

42-3902A. Prohibition of injection of hazardous wastes and of radioactive wastes. Construction of an injection well to be used for injection of hazardous wastes or of radioactive wastes into or above a drinking water source is prohibited. Injection of hazardous wastes or of radioactive wastes through an existing injection well into or above a drinking water source is prohibited. Any such injection shall subject any person responsible for said activity to the sanctions and penalties of this chapter in addition to all other applicable sanctions and penalties provided by statute or the common law.

History:

[42-3902A, added 1984, ch. 155, sec. 3, p. 374.]
Idaho Code § 42-229 — Idaho Code / Title 42 / Chapter 2 / Section 42-229
42-229 METHODS OF APPROPRIATION.
Status: in_force

42-229. Methods of appropriation. The right to the use of ground water of this state may be acquired only by appropriation. Such appropriation may be perfected by means of the application permit and license procedure as provided in this act; provided, however, that in the event an appropriation has been commenced by diversion and application to beneficial use prior to the effective date of this act it may be perfected under such method of appropriation. All proceedings commenced prior to the effective date of this act for the acquisition of rights to the use of ground water under the provisions of sections 42-201—42-225, Idaho Code, may be completed under the provisions of said sections and rights to the use of ground water may be thereby acquired. But the administration of all rights to the use of ground water, whenever or however acquired or to be acquired, shall, unless specifically excepted herefrom, be governed by the provisions of this act.

History:

[42-229, added 1951, ch. 200, sec. 4, p. 423; am. 1963, ch. 216, sec. 1, p. 623.]
Idaho Code § 42-3712 — Idaho Code / Title 42 / Chapter 37 / Section 42-3712
42-3712 HEARING ON REPORT OF APPRAISERS.
Status: in_force

42-3712. Hearing on report of appraisers. Upon receiving the report of the appraisers the directors shall fix a time and place within the district for hearing any complaint that may be made regarding the benefits appraised to any tract of land or the assessment proposed to be levied against any tract of land. A notice of such hearing shall be given as provided in section 42-3710.

At the time and place fixed for such hearing the directors shall consider the report of the appraisers and consider and hear any objections filed or voiced thereto.

The directors, by resolution, shall then reject the report of the appraisers or accept the same and ratify it with or without modification or amendments.

History:

[42-3712, added 1957, ch. 226, sec. 12, p. 508.]
Idaho Code § 42-507 — Idaho Code / Title 42 / Chapter 5 / Section 42-507
42-507 PROVISIONS CONTROLLING OVER OTHER ACTS.
Status: in_force

42-507. Provisions controlling over other acts. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.

History:

[(42-507) 42-506, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 6, p. 749.]
Idaho Code § 42-4215 — Idaho Code / Title 42 / Chapter 42 / Section 42-4215
42-4215 LEVY OF ASSESSMENTS.
Status: in_force

42-4215. Levy of assessments. The secretary of the board of directors shall be the assessor of the district, and on or before August 1 of each year shall prepare an assessment book containing a full and accurate list of all water users within the district.

At a regular meeting of the board between August 1 and November 1 of each year, the board of directors shall determine the amount necessary to be raised for the maintenance and operation of the works and facilities of the district and the payment of such fees as may be charged to the district for the use of canals or other diversion works owned or operated by a canal company or companies or other entity or entities, and shall levy assessments against the water users in the district sufficient to raise such amount. Moneys received in payment of such assessments shall be deposited in a separate fund to be known as the maintenance and operation fund. The board also may levy assessments against the water users in the district for the repayment of indebtedness incurred by the board on behalf of the district, as provided in section 42-4216, Idaho Code. Money received in payment of such assessments shall be deposited in a separate fund to be known as the debt retirement fund. The board of directors may, in addition, determine the amount necessary to pay the expenses of making the assessment book, giving notice of assessments and making collections thereof and may levy assessments against the water users in the district sufficient to raise such amount. Moneys received in payment of such assessments shall be deposited in a separate fund to be known as the assessment expense fund.

Each water user shall pay a proportionate share of the total of all amounts to be raised for the purposes aforementioned, which share shall be based on the ratio which the quantity of water such water user is authorized to appropriate under his water right or rights bears to the total quantity of water authorized for appropriation under the water rights of all water users in the district; provided, however, that the combined annual assessment against each water user shall not exceed ten dollars ($10.00) per second foot of water the water user is entitled to appropriate under his water right or rights.

History:

[42-4215, added 1978, ch. 293, sec. 1, p. 733.]
Idaho Code § 42-1734H — Idaho Code / Title 42 / Chapter 17 / Section 42-1734H
42-1734H DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.
Status: in_force

42-1734H. Designation of particular rivers as interim protected rivers. (1) The board shall designate the following waterways as interim protected rivers pursuant to section 42-1734D, Idaho Code:

(a) Priest River, from the Canadian Border to the confluence of Priest Lake;

(b) South Fork of the Boise River, from Anderson Ranch Dam to Neal Bridge;

(c) Snake River, from Section 5, Township 11 South, Range 20 East, B.M. to King Hill;

(d) The following waterways within the Payette River Basin:

1. North Fork of the Payette River, from Cabarton Bridge to Banks;

2. South Fork of the Payette River, from the Sawtooth Wilderness Boundary to Banks;

3. Main Payette River, from Banks to Black Canyon Dam; and

(e) Henry's Fork of the Snake River from its point of origin at Henry's Lake to the point of its confluence with the backwaters of Ashton Reservoir.

(2) The board shall determine which of the activities listed in subsection (5) of section 42-1734A, Idaho Code, shall be prohibited.

History:

[42-1734H, added 1988, ch. 370, sec. 5, p. 1101.]
Idaho Code § 42-3702 — Idaho Code / Title 42 / Chapter 37 / Section 42-3702
42-3702 LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY.
Status: in_force

42-3702. Legislative determinations and declaration of policy. It is hereby recognized that the protection of life and property from floods, the prevention of damage to lands therefrom, and the orderly development, wise use, conservation and protection of the water resources of the state by the considered and proper use thereof, is of paramount importance to the welfare and prosperity of the people of the state.

To realize these objectives it is hereby declared to be the policy of the state to provide for the prevention of flood damage and the conservation development, utilization and disposal of water in the watersheds of this state and thereby to protect and promote the health, safety and general welfare of the people of this state.

History:

[42-3702, added 1957, ch. 226, sec. 2, p. 508.]
Idaho Code § 42-1734C — Idaho Code / Title 42 / Chapter 17 / Section 42-1734C
42-1734C STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.
Status: in_force

42-1734C. Status of comprehensive state water plan before federal agencies. The comprehensive state water plan required by this chapter shall be submitted to the federal energy regulatory commission, and the pacific northwest electric power and conservation planning council, and any other federal agencies as the state water plan for the conservation, development, management and optimum use of the state of Idaho's water resource.

History:

[42-1734C, added 1988, ch. 370, sec. 5, p. 1099.]
Idaho Code § 42-4411 — Idaho Code / Title 42 / Chapter 44 / Section 42-4411
42-4411 ELECTION.
Status: in_force

42-4411. Election. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the creation of the district, and also the form of the ballot relating to the election of the commissioners, provided, that all matters may be contained upon one (1) ballot to be submitted to the voters.

At such election the voters shall vote for or against the organization of the district, and for three (3) qualified electors, who shall constitute the board of commissioners of the district, if organized, one (1) commissioner to act until the first biennial election, one (1) until the second, and one (1) until the third biennial election.

The judges of election shall certify the returns of the election to the district court having jurisdiction.

History:

[42-4411, added 1990, ch. 396, sec. 1, p. 1111.]
Idaho Code § 42-609 — Idaho Code / Title 42 / Chapter 6 / Section 42-609
42-609 WATERMASTER'S ASSISTANTS — EMPLOYMENT IN EMERGENCY — OATH AND COMPENSATION.
Status: in_force

42-609. Watermaster's assistants — Employment in emergency — Oath and compensation. A watermaster shall have power, in case of emergency, with the approval of the director of the department of water resources, to employ suitable assistants in addition to those who may have been approved at the annual meeting of the water users of the district to aid the watermaster in the discharge of the watermaster's duties, who shall take the same oath as the watermaster, and shall obey the watermaster's instructions, and shall be entitled to a salary as set by the water users in their adopted budget and approved by the director of the department of water resources, or if no budget is adopted, then as set by the director of the department of water resources, to be paid in the same manner as provided for the payment of watermasters.

History:

[(42-609) 1903, p. 223, sec. 28; reen. R.C., sec. 3279; am. 1915, ch. 34, sec. 14, p. 103; reen. C.L., sec. 3279; C.S., sec. 5613; am. 1927, ch. 63, sec. 4, p. 78; I.C.A., sec. 41-509; am. 1980, ch. 277, sec. 1, p. 721; am. 1992, ch. 339, sec. 11, p. 1023.]
Idaho Code § 42-301 — Idaho Code / Title 42 / Chapter 3 / Section 42-301
42-301 PERMITS CONTESTABLE — WHEN AND BY WHOM.
Status: in_force

42-301. Permits contestable — When and by whom. If the holder of a permit to appropriate the public waters shall fail to comply with the requirements of his permit as to the commencing of work or the filing of bond thereunder, or the completion of one-fifth (1/5) of the construction work within one-half (1/2) the time allowed for the entire completion of such construction work, or shall fail to complete the entire construction work within the time specified in his permit, said permit may be cancelled and voided by the department of water resources as hereinafter provided at the instance of any person or persons holding any permit for the diversion of water from the same stream, such permit postdating the permit which is sought to be cancelled.

History:

[(42-301) 1909, p. 299, sec. 1; reen. C.L., sec. 3265a; C.S., sec. 5584; I.C.A., sec. 41-301.]
Idaho Code § 42-2814 — Idaho Code / Title 42 / Chapter 28 / Section 42-2814
42-2814 LIEN STATEMENT — EXECUTION — FILING — EFFECT.
Status: in_force

42-2814. Lien statement — Execution — Filing — Effect. Such statement shall then be signed by the county auditor in the presence of two (2) attesting witnesses and be duly acknowledged by him, and shall then be duly filed and recorded by the county recorder of such county. The amount which each tract of land and each public or corporate road, or railroad, will be liable for and the interest thereon as hereinafter provided, shall be and remain the first and paramount lien on such land, public or corporate roads or railroads until fully paid, and shall take precedence of all mortgages, charges, encumbrances or other liens whatsoever. Such payments may be made as hereinafter provided. Such findings shall be deemed notice to all parties interested of the existence of such lien. The fees of such county recorder for such recording shall be paid by the county on the allowance of the board of county commissioners and said statement after the same has been recorded shall be returned to the county auditor to be by him placed with the other papers relating to such project and carefully preserved by him.

History:

[(42-2814) 1921, ch. 222, sec. 14, p. 492; I.C.A., sec. 41-2414.]
Idaho Code § 42-2709 — Idaho Code / Title 42 / Chapter 27 / Section 42-2709
42-2709 DETERMINATION OF CONSIDERATION.
Status: in_force

42-2709. Determination of consideration. If no objections are filed or objections are overruled, the board may then convey the real property proposed in said resolution to be conveyed, as herein authorized; such conveyance may be for such consideration as may be determined by said board.

History:

[42-2709, added 1943, ch. 108, sec. 3, p. 210.]
Idaho Code § 42-1402 — Idaho Code / Title 42 / Chapter 14 / Section 42-1402
42-1402 DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED.
Status: in_force

42-1402. Decreed rights appurtenant to land — Water rights established under federal law excepted. In allotting the waters of any water system by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which such water is beneficially applied, except where water rights established under federal law are involved, in which case the allotment shall be made in accordance with federal law. The right confirmed by such decree or allotment shall be appurtenant to and shall become a part of the land on which the water is used, and such right will pass with the conveyance of such land, and such decree shall describe the land to which such water shall become so appurtenant. The amount of water so allotted shall never be in excess of the amount actually used for beneficial purposes for which such right is claimed, or in the case of a water right established under federal law, in excess of that amount determined by federal law.

History:

[(42-1402) 1903, p. 223, sec. 38; reen. R.C., sec. 4621; am. 1913, ch. 35, sec. 1, p. 133; C.L., sec. 4621; C.S., sec. 7033; I.C.A., sec. 41-1302; am. 1969, ch. 279, sec. 2, p. 822; am. 1986, ch. 220, sec. 4, p. 561; am. 1994, ch. 454, sec. 5, p. 1447.]
Idaho Code § 42-4011 — Idaho Code / Title 42 / Chapter 40 / Section 42-4011
42-4011 NAME OF OWNER ON PERMIT — TRANSFERS RESTRICTED — PERMIT AMENDMENT, FEE.
Status: in_force

42-4011. Name of owner on permit — Transfers restricted — Permit amendment, fee. (a) No well may be owned or operated by any person whose name does not appear on the permit or permit application therefor, nor may any well be transferred to any new owner or operator unless an application to amend such permit has been approved by the director.

(b) No changes in or departure from the procedures, locations, data, or persons specified on the face of a permit shall be permitted under this act until an amendment to such permit is approved by the director. The board may specify forms upon which applications for amendments to permits may be filed with the director. Any application to amend a permit shall be accompanied by a filing fee of fifty dollars ($50.00), and the director shall not accept an amendment application which is not accompanied by such filing fee. All such filing fees shall be deposited with the state treasurer in the water administration fund as provided in section 42-238a, Idaho Code.

(c) The director shall approve any permit application to amend a permit unless he finds that such amendment will not be in the public interest. If the director refuses to approve such amendment, he shall serve on the applicant, by certified mail, an order disapproving the amendment and setting out its reasons for disapproving the amendment.

History:

[42-4011, added 1972, ch. 301, sec. 12, p. 749; am. 1974, ch. 20, sec. 59, p. 533.]
Idaho Code § 42-3127 — Idaho Code / Title 42 / Chapter 31 / Section 42-3127
42-3127 EXCLUSION OF A DIVISION.
Status: in_force

42-3127. Exclusion of a division. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qualified electors residing within the territory of the division and the petition must:

(1) Show that the division either plans to join another existing district or form a new district.

(2) Describe the impacts on the remainder of the district after the division is excluded.

(3) Describe the benefits to the division that will result from its exclusion from the original district.

(4) Be in proper form as required by section 42-3105, Idaho Code, to proceed with the formation of a new district or be in proper form as required by section 42-3120, Idaho Code, to proceed with the addition of the division to an already existing district.

(5) Present an equitable division of assets and liabilities between the division and the remaining district.

Upon receipt, the director shall examine the petition, and if in proper form and if it appears that an equitable distribution of assets and liabilities can be made, the director shall proceed with the publication of notice, as described in section 42-3107, Idaho Code. The director shall, at the hearing, permit any person or corporation interested in the exclusion of the division to appear and present testimony and evidence in support of or against exclusion of the division. The director shall base his findings upon allegations in the petition, testimony and evidence presented at the hearing and any other facts necessary for the determination of the practicability and feasibility of exclusion of the division.

If the director shall recommend that a division should be excluded, he shall make and enter his findings in the form of a petition to the district court for the county in which the largest portion of the division is located. The district court may then order the exclusion of a division.

If the director shall determine that a division should not be excluded, nothing further shall be done, unless a new petition is filed in a similar manner as described above.

At such time as the division is excluded by the district court, the new district or enlargement of an existing district shall be ordered by the director in accordance with section 42-3108, Idaho Code.

The director may redivide the district from which the division was excluded in order to meet the requirements of section 42-3106, Idaho Code.

History:

[42-3127, added 1984, ch. 240, sec. 1, p. 586.]
Idaho Code § 42-5131 — Idaho Code / Title 42 / Chapter 51 / Section 42-5131
42-5131 EXCLUSION TO BE RECORDED.
Status: in_force

42-5131. Exclusion to be recorded. The decision and order of the board of directors, or of the district court in case of appeal, excluding the petitioner or petitioners from the district shall be filed for record in the recorder's office of the counties within which the district is situated.

History:

[42-5131, added 1987, ch. 349, sec. 1, p. 779.]
Idaho Code § 42-5269 — Idaho Code / Title 42 / Chapter 52 / Section 42-5269
42-5269 DISSOLUTION WITHOUT ELECTION — PETITION — CONDITIONS.
Status: in_force

42-5269. Dissolution without election — Petition — Conditions. (1) A ground water district may be dissolved without the holding of the election provided for in this chapter upon complaint or petition of parties holding and owning fifty percent (50%) or more, measured on the basis of cubic feet per second, of all the ground water rights within the district.

(2) It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district:

(a) The district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no probability that it ever will or can function in the future;

(b) No useful purpose exists for the further continuance of the organization of the district; or

(c) There are insufficient members to pay for the costs of operating the district.

History:

[42-5269, added 1995, ch. 290, sec. 1, p. 1010.]
Idaho Code § 42-2041 — Idaho Code / Title 42 / Chapter 20 / Section 42-2041
42-2041 INDIAN HILLS PROJECT — LEGISLATIVE FINDING.
Status: in_force

42-2041. Indian Hills Project — Legislative finding. The legislature finds and declares that the development and settlement of arid lands under the Carey Act as provided in chapter 20, title 42, Idaho Code, and development of Carey Act projects by the Idaho water resource board are in the public interest.

History:

[42-2041, added 1976, ch. 306, sec. 1, p. 1049.]
Idaho Code § 42-3710 — Idaho Code / Title 42 / Chapter 37 / Section 42-3710
42-3710 HEARING ON PROPOSED PROJECTS.
Status: in_force

42-3710. Hearing on proposed projects. Not sooner than sixty (60) days after the submission of the plans for any project to the director of the department of water resources as set forth in section 42-3709, and before any contract shall be let or work begun upon any improvement or project within the district the cost of which cannot be exclusively financed by funds on hand, grants in aid, or gifts to the district, or before any contract may be entered into by the district with any governmental agency or body which will obligate the district to contribute financially beyond the extent of funds of the district then on hand, it shall be the duty of the directors to set a time and place within the district for a public hearing upon said proposal, and the directors shall cause a notice thereof to be published in a newspaper of general circulation within the district not less than three (3) times, at least ten (10) days before the date set for the hearing, and in addition thereto shall post a copy of said notice in at least one (1) public place within the district.

At the time and place fixed for such hearing any owner of land situated within the district, or any other interested person, may appear and be heard as to his objections to the said proposal.

Following the said public hearing the directors shall, by resolution, either affirm the proposal with or without modification or amendments, or disapprove the proposal stating therein their findings as to the economic feasibility of the proposed improvement or project, the probable cost of said improvement or project, the benefits to be derived therefrom, and whether or not the benefits accruing to lands within the district would exceed the cost of such improvement or project, whether the benefits will be conferred upon all lands within the district or upon only certain lands in the district, in which latter case the lands to be benefited shall be described as to boundaries, ownership, and approximate acreage, and the proposed method of financing such improvement or project.

History:

[42-3710, added 1957, ch. 226, sec. 10, p. 508.]
Idaho Code § 42-3810 — Idaho Code / Title 42 / Chapter 38 / Section 42-3810
42-3810 RESTORATION OF STREAM CHANNEL — MITIGATION OF DAMAGES.
Status: in_force

42-3810. Restoration of stream channel — Mitigation of damages. Any party convicted of unlawful stream channel alteration shall, in addition to the penalties provided for in section 42-3809 of this act, be directed by the court to restore the stream channel to as near its original condition as possible or to effect such other measures as recommended by the director toward mitigation of damages.

History:

[42-3810, added 1971, ch. 337, sec. 10, p. 1304.]
Idaho Code § 42-4014 — Idaho Code / Title 42 / Chapter 40 / Section 42-4014
42-4014 LIBERAL CONSTRUCTION.
Status: in_force

42-4014. Liberal construction. This act shall be construed liberally to serve its purposes and policy.

History:

[42-4014, added 1972, ch. 301, sec. 15, p. 749.]
Idaho Code § 42-1750 — Idaho Code / Title 42 / Chapter 17 / Section 42-1750
42-1750 REVOLVING FUND — PUBLIC POLICY AND PURPOSE.
Status: in_force

42-1750. Revolving fund — Public policy and purpose. It is in the public interest and it is the public policy of this state, in which there are vast areas of arid land, to develop and to financially assist in and support the development of the water resources of this state through the construction of water projects, including the rehabilitation, improvement, or extension of existing systems or facilities relating thereto, and to achieve that end, to create an Idaho water resource board revolving development fund to be used for that purpose.

History:

[42-1750, added 1969, ch. 333, sec. 1, p. 1051.]
Idaho Code § 42-4205 — Idaho Code / Title 42 / Chapter 42 / Section 42-4205
42-4205 MUNICIPALITIES — MANNER OF VOTING FOR DIRECTORS.
Status: in_force

42-4205. Municipalities — Manner of voting for directors. Each municipality which has elected to be and is included within the district shall be entitled to one (1) vote for each director to be elected and the vote of the majority of the members of the city council of each such municipality shall constitute the vote of the municipality for each director to be elected. The voting shall be conducted at a regular meeting of the city council or a special meeting called by the mayor for that purpose to be held on or within a week prior to the date set for election. The voting results shall be certified to by the mayor and forwarded to the secretary of the district prior to the date set for canvassing of election returns by the board of directors. The provisions of section 42-4209, Idaho Code, shall not apply to municipalities.

History:

[42-4205, added 1978, ch. 293, sec. 1, p. 729.]
Idaho Code § 42-1756 — Idaho Code / Title 42 / Chapter 17 / Section 42-1756
42-1756 LOANS FROM ACCOUNT — APPLICATION — INVESTIGATION — APPROVAL — REPAYMENT — STATEMENT — FILING — DEFAULT.
Status: in_force

42-1756. Loans from account — Application — Investigation — Approval — Repayment — Statement — Filing — Default. (1) Any irrigation district, canal or irrigation company, water users' association, municipal corporation, municipality, private corporation, aquifer protection district, or, in special cases approved by the board, an individual may file an application with the board for a loan from the revolving account for the purpose of financing project costs. Such application shall be filed in such manner, and shall be in such form and be accompanied by such information as may be prescribed by the board; provided, however, that any such application filed with the board under the provisions of this act shall:

(a) Describe the nature and purpose(s) of the proposed project.

(b) Set forth or be accompanied by a plan for development of the proposed project, together with such engineering and economic feasibility data and estimated costs of construction as may be required by the board.

(c) State whether money other than that for which application is made to the board will be used for project costs, and whether such money is available or has been sought for this purpose.

(d) Show that the applicant holds or can acquire title to all lands or has the necessary easements and rights-of-way for the project and related lands, and has or can acquire all water rights necessary for the construction, operation and maintenance of the proposed project, or that there exists sufficient water available for appropriation by proof of a permit issued by the director of the department of water resources.

(2) Upon receipt of an application, the board shall evaluate and, if it deems it to be necessary, investigate all aspects of the proposed project and the proposed construction thereof. As a part of such investigation, the board shall determine whether the plan for development of the project is satisfactory. If the board determines that the plan is unsatisfactory, it shall return the application to the applicant and may make such recommendations to the applicant as are considered necessary to make the plan satisfactory.

(3) The board may approve a loan for project costs if after investigation (if deemed necessary) and evaluation it finds that:

(a) The plan does not conflict with any extant Idaho state water plan;

(b) The proposed project is feasible from an engineering standpoint and economically justified, with studies showing a favorable benefit to cost ratio;

(c) The plan for development of the proposed project is satisfactory;

(d) The applicant is qualified and responsible;

(e) There is reasonable assurance that the borrower can repay the loan; and

(f) The money in the revolving account is available for the loan.

(4) If the board approves a loan, the board and the applicant or applicants shall enter into an agreement for repayment to the revolving account of money loaned therefrom, together with interest thereon at reasonable rates as determined by the board. The agreement shall further provide that repayment of the loan, together with interest thereon, shall commence no later than one (1) full year after construction of the project is completed, and that repayment shall be completed within the time period specified by the board; provided that repayment to reserve accounts or guarantee funds shall be made as provided by order of the board. The repayment period shall not exceed sixty (60) years, except that the board may extend the time for making repayment in the event of emergency or hardship. Such agreement shall also provide for such assurances of, and security for, repayment of the loan as are considered necessary by the board.

(5) The board shall have security for a loan from the revolving account that is appropriate to the loan and the borrower. As security for the loan, the board may hold a lien against real property, including water rights, from the borrower and may file a statement of the loan, its amount, terms, and a description of the security with the county recorder of each county in which the project or any part thereof is located. The county recorder shall record the lien in a book kept for the recording of liens and it shall be indexed as other liens are required by law to be indexed. The lien shall be valid until paid in full or otherwise discharged. The lien shall be foreclosed in accordance with applicable state law governing foreclosure of mortgages and liens as set forth in chapter 1, title 6, Idaho Code, chapter 13, title 45, Idaho Code, and related provisions of the statutes of this state.

(6) If an applicant fails to comply with the repayment contract, its interest in the project may be conveyed to a successor upon approval by the board, which may contract with the qualified successor in interest of the original obligor for repayment of the loan, together with the interest thereon, and for succession to its rights and obligations in any contract with the board.

(7) The state shall have a lien on any or all projects the board improves or renovates with money from the revolving account, and such lien shall be valid and continue in effect until such funds, together with interest thereon, have been paid in full and the lien discharged. The board shall file a statement of the lien, and the lien shall be foreclosed upon all project property and rights as provided in subsection (5) of this section.

History:

[42-1756, added 1969, ch. 333, sec. 7, p. 1051; am. 1978, ch. 345, sec. 12, p. 895; am. 1979, ch. 154, sec. 2, p. 470; am. 2006, ch. 126, sec. 1, p. 362; am. 2006, ch. 304, sec. 2, p. 941; am. 2022, ch. 90, sec. 1, p. 255.]
Idaho Code § 42-3316 — Idaho Code / Title 42 / Chapter 33 / Section 42-3316
42-3316 DIRECTOR OF DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.
Status: in_force

42-3316. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, to aid and assist the commissioners to be appointed for the state of Idaho whenever necessary in order to facilitate their work in carrying out the intent and purposes of this act.

History:

[42-3316, added 1949, ch. 11, sec. 4, p. 11.]
Idaho Code § 42-710 — Idaho Code / Title 42 / Chapter 7 / Section 42-710
42-710 DISTRICT HYDROGRAPHER'S TERM OF SERVICE.
Status: in_force

42-710. District hydrographer's term of service. A district hydrographer shall serve throughout the year from January 1 through December 31. The appropriators or water users of any water measurement district may, by resolution adopted at an annual meeting or at a special meeting properly called for that purpose, change the hydrographer's term of service to correspond with consecutive annual meeting dates or other annual dates as determined by the appropriators or water users. Assistants to the district hydrographer shall serve when necessary to make the water measurements required of the district or for such period of time as specified by resolution at any annual meeting of the appropriators or water users, provided, the period of time set by resolution is sufficient for the assistants to make all needed water measurements in the district.

History:

[42-710, added 1995, ch. 291, sec. 3, p. 1021; am. 1998, ch. 44, sec. 2, p. 192.]
Idaho Code § 42-5115 — Idaho Code / Title 42 / Chapter 51 / Section 42-5115
42-5115 ELECTION FOR INDEBTEDNESS — REFERENDUM PETITION.
Status: in_force

42-5115. Election for indebtedness — Referendum petition. Whenever the board shall by resolution adopted by a two-thirds (2/3) majority of the said board, determine that the interest of said district and the public interest or necessity demand the reconstruction, rehabilitation, replacement and improvement of any well or other related structures and works together with all necessary appurtenances related thereto, in order to preserve, restore, protect and maintain rights of storage, diversion and delivery of water necessary and appurtenant to the purposes for which such district and other like similarly situated districts were organized and shall set forth the amount of obligation or contract indebtedness proposed to be issued by the district under the provisions of this chapter, said board shall be required to order the submission of the proposition of issuing such contract indebtedness for the purposes set forth in said resolution to the vote of the qualified electors of the district as defined in section 42-5107, Idaho Code, at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose only if within fifteen (15) days after the passage of such resolution a referendum petition signed by legal voters equal in number to not less than ten per cent (10%) of the electors of the district, based upon the aggregate vote cast at the general election of officers of the district next preceding the filing of such referendum petition, shall be filed with the secretary of the district requesting that an election upon the issuance of such contract indebtedness be held and conducted under the provisions of this section. The resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the reconstruction, rehabilitation, replacement or improvement as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the sources of the revenues and assessments pledged to the payment of the indebtedness. The election upon the assessments shall be held at the same time as and shall be combined with any such election required to be held upon the indebtedness question pursuant to a referendum petition.

Any such election required to be held hereunder shall be called by resolution, which resolution shall also fix the date upon which such election shall be held, subject to the provisions of section 34-106, Idaho Code, the manner of holding the same and the method of voting for or against the incurring of the indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three (3) judges, one (1) of whom shall act as clerk, who shall constitute a board of election for each polling place. The description of precincts may be made by reference to any order or orders of the board of county commissioners of the county or counties in which the district or any part thereof is situated, or by reference to any previous order, or resolution of the board or by detailed description of such precincts. Precincts established by the boards of the various counties may be consolidated for elections held hereunder. The resolution calling the election shall prescribe an official notice of election in accordance with the provisions of section 34-1406, Idaho Code.

The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of district elections to the extent the same shall apply and shall make their returns to the secretary of the district. At any regular or special meeting of the board held within ten (10) days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.

In the event that no referendum petition is filed, or if so filed, if it shall appear from said returns that a two-thirds (2/3) majority of the qualified electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, or enter into such contracts, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder or in the resolution therefor, and in the amount so provided. Submission of the proposition of incurring such obligation or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

History:

[42-5115, added 1987, ch. 349, sec. 1, p. 771; am. 1995, ch. 118, sec. 87, p. 499.]
Idaho Code § 42-5209 — Idaho Code / Title 42 / Chapter 52 / Section 42-5209
42-5209 NOTICE OF ELECTION.
Status: in_force

42-5209. Notice of election. The county commission shall give notice of an election to be held in accordance with section 34-106, Idaho Code, in the proposed district for the purpose of determining whether the district shall be organized under this chapter, and, if so, who shall be its initial directors. The notice shall describe the area, with the certainty required in an ordinary deed, where, if a ground water user is located within that area, that ground water user would be included in the district and shall state the name of the proposed district as designated by the commission, and shall state that a map showing the area of the district is on file in the office of the county clerk, which map, if not previously made, shall be made by the petitioners after the determination of the commissioners of the boundary of the proposed district, and shall state the names of those individuals who have been nominated for director's positions. The notice shall be published for four (4) weeks prior to such election, in a newspaper or newspapers as required in section 42-5204, Idaho Code. The notice shall require the electors to cast ballots which shall contain the words "ground water district–yes," or "ground water district–no," and also to cast ballots for at least one (1) person from each division for director of the district.

History:

[42-5209, added 1995, ch. 290, sec. 1, p. 988.]
Idaho Code § 42-5204 — Idaho Code / Title 42 / Chapter 52 / Section 42-5204
42-5204 NOTICE OF PRESENTATION TO COUNTY COMMISSION.
Status: in_force

42-5204. Notice of presentation to county commission. The petition may be filed with the county clerk, upon verifying with the county assessment roll or other evidence of entitlement whether the petition is valid, at any time, and upon such filing the clerk forthwith shall cause a notice to be published in a newspaper printed within the county (counties) within the boundaries specified in the petition, or if no newspaper is printed in any of the affected counties, then in newspapers of general circulation in the affected county (counties). The notice shall state that (giving the first name on the petition) and others have filed a petition for the organization of a ground water district. The notice shall state the numbers of the townships, ranges, and sections where, if a ground water user is within those townships, ranges, and sections, that ground water user would be within the proposed district. The notice shall further state the time at which such petition will be presented to the county commission, which time shall be during a regular meeting of the commission or a special meeting called for that purpose, and the notice shall be published at least once a week for two (2) consecutive weeks before the day on which the petition is to be presented.

History:

[42-5204, added 1995, ch. 290, sec. 1, p. 986.]
Idaho Code § 42-3218C — Idaho Code / Title 42 / Chapter 32 / Section 42-3218C
42-3218C NATURE AND POWERS.
Status: in_force

42-3218C. Nature and powers. Each water or sewer subdistrict created and established as provided in sections 42-3218A through 42-3218D, Idaho Code, shall be a political subdivision of the state of Idaho. The board of directors entering the order creating and establishing a water or sewer subdistrict shall be the governing body of all water or sewer subdistricts created by the board, and shall possess those powers as provided in chapter 32, title 42, Idaho Code, on behalf of the water or sewer subdistrict, including the power to order, conduct and hold all elections in water or sewer subdistricts for the purpose of incurring debt and issuing bonds pursuant to chapter 32, title 42, Idaho Code.

History:

[42-3218C, added 1988, ch. 215, sec. 1, p. 406.]
Idaho Code § 42-1754 — Idaho Code / Title 42 / Chapter 17 / Section 42-1754
42-1754 ALLOCATION OF FUND.
Status: in_force

42-1754. Allocation of fund. The Idaho water resource board revolving development fund shall be allocated for use:

(a) To the board for a project which it deems to be "in the public interest" and which, in its opinion, further implements any extant Idaho state water plan, in such amounts as are necessary for preparation of a feasibility study of the project, engineering services in preparing designs and specifications, and for construction of the project.

(b) As loans from the revolving development fund which may be approved by the board and made to irrigation districts, canal or irrigation companies, water users' associations, municipal or private corporations, or, in special cases when approved by the board, to individuals to finance project costs, provided, however, that no loans shall be made to finance feasibility studies except as a part of overall project costs.

(c) To establish reserve accounts or guarantee funds in the state treasury to aid in the funding of water projects. Interest earned on such moneys invested by the state treasurer shall be paid into the water resource board revolving development fund.

(d) To the board to finance joint ventures for project construction with federal agencies, neighboring states, legal subdivisions of the state, private corporations, or other organizations, and including the costs of feasibility studies, investigations, and other preparatory expenses, for purposes consistent with those for which the fund is established, and the board is authorized to use the fund for these purposes.

(e) To the board to finance feasibility studies, investigations, and other preparatory expenses for projects it intends to fund through the sale of revenue bonds or through use of funds from other sources.

(f) To the board for payment of costs associated with the issuance and repayment of the board's revenue bonds.

History:

[42-1754, added 1969, ch. 333, sec. 5, p. 1051; am. 1979, ch. 154, sec. 1, p. 469; am. 2005, ch. 362, sec. 5, p. 1150.]
Idaho Code § 42-1731 — Idaho Code / Title 42 / Chapter 17 / Section 42-1731
42-1731 DEFINITIONS.
Status: in_force

42-1731. Definitions. For the purpose of this chapter:

(1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth.

(2) "Board" means the Idaho water resource board.

(3) "Comprehensive state water plan" means the plan adopted by the board pursuant to section 42-1734A, Idaho Code, or a component of such plan developed for a particular water resource, waterway or waterways and approved by the legislature.

(4) "Dredge or placer mining" means any dredge or other placer mining operation to recover minerals with the use of a dredge boat or sluice washing plant whether fed by bucket line as a part of such dredge or by a separate dragline or any other method including, but not limited to, suction dredges which are capable of moving more than two (2) cubic yards per hour of earth material.

(5) "Hydropower project" means any development which uses a flow of water as a source of electrical or mechanical power, or which regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, transmission lines, water impoundments, roads, and other appurtenant works and structures.

(6) "Interim protected river" means a waterway designated pursuant to section 42-1734D or 42-1734H, Idaho Code, as protected for up to two (2) years while a component of the comprehensive state water plan is prepared for that waterway.

(7) "Natural river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, which are free of substantial existing man-made impoundments, dams or other structures, and of which the riparian areas are largely undeveloped, although accessible in places by trails and roads.

(8) "Protected river" means a waterway protected in the comprehensive state water plan by designation as either a natural river or a recreational river.

(9) "Recreational river" means a waterway which possesses outstanding fish and wildlife, recreation, geologic or aesthetic values, and which might include some man-made development within the waterway or within the riparian area of the waterway.

(10) "Riparian area" means that area within one hundred (100) feet of the mean highwater mark of a waterway.

(11) "State agency" means any board, commission, department or executive agency of the state of Idaho.

(12) "Stream bed" means a natural water course of perceptible extent with definite bed and banks, which confines and conducts the water of a waterway which lies below and between the ordinary high water mark on either side of that waterway.

(13) "Waterway" means a river, stream, creek, lake or spring, or a portion thereof, and shall not include any tributary thereof.

History:

[42-1731, added 1988, ch. 370, sec. 3, p. 1092.]
Idaho Code § 42-2932 — Idaho Code / Title 42 / Chapter 29 / Section 42-2932
42-2932 FEES FOR SERVICE OF PROCESS.
Status: in_force

42-2932. Fees for service of process. Fees for service of all process necessary to be served under the provisions of this chapter shall be the same as for like services in other civil cases, or as is or may be provided by law.

History:

[(42-2932) 1913, ch. 16, sec. 37, p. 58; reen. C.L. 168:29; C.S., sec. 4523; I.C.A., sec. 41-2532.]
Idaho Code § 42-5132 — Idaho Code / Title 42 / Chapter 51 / Section 42-5132
42-5132 SEVERABILITY.
Status: in_force

42-5132. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[42-5132, added 1987, ch. 349, sec. 1, p. 779.]
Idaho Code § 42-5235 — Idaho Code / Title 42 / Chapter 52 / Section 42-5235
42-5235 JUDICIAL EXAMINATION.
Status: in_force

42-5235. Judicial examination. (1) Prior to the incurring of indebtedness with a repayment term exceeding one (1) year, the board shall file a petition in the district court of the county in which the office of the board is located, pursuant to the provisions of sections 43-406 through 43-408, Idaho Code, as if the district were an irrigation district. Whenever any district which is required to file a petition hereunder has or proposes to enter into a contract or contracts with one (1) or more districts pursuant to law, and such other district or districts is authorized or required to bring a confirmation proceeding or proceedings pursuant to the provisions of section 43-406 or section 43-1808, Idaho Code, with respect to such contracts or the levy of assessments or the apportionment of costs, the boards of each of such other districts shall join in the filing of such petition, and the district court in which such petition is filed shall have jurisdiction to hear the petition and to grant the relief prayed for therein. Each such petition shall pray for a judicial examination and determination of any power conferred hereby or by any amendment hereto or of any assessment levied or of any apportionment of costs or of any act, proceeding or contract of the district or districts, whether or not said contracts shall have been executed, including, without limitation, proposed contracts for the reconstruction, rehabilitation, replacement and improvement of any well and other related structures and works and appurtenances, falling water contracts, contracts with other districts and contracts with other public and private persons, firms, corporations and associations. Such petition shall set forth the facts whereon the validity of such powers, assessments, apportionments, acts, proceedings or contracts is founded. Notice of the filing of said petition shall be given by the clerk of the court by mailing, and by publication in at least one (1) newspaper published and of general circulation within the boundaries of each district joining in the petition, or if no newspaper is so published within any district, then in a newspaper published in the same county in which any part of such district is located which is of general circulation in such district, pursuant to and in accordance with the requirements of section 43-407, Idaho Code, as if the district were an irrigation district under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any contract or contracts, therein mentioned, may be examined.

(2) Any ground water user in any district joining in the petition or any other person interested in the contracts or proposed contracts may appear and answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear. The said petition and notice shall be sufficient to give the court jurisdiction and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall examine all of the proceedings of all of the districts as set forth in the petition, shall hear all objections either filed in the proceeding or brought up from the hearings before any of the boards, shall correct all errors in the assessments and apportionments of costs, shall ratify, approve and confirm all apportionments of costs and assessments levied, shall make such findings with reference thereto and render a judgment and decree thereon approving and confirming all of the powers, assessments, apportionments, acts, proceedings and contracts of each of the districts as set forth in the petition as the case warrants. Costs may be divided or apportioned among the contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases. The Idaho rules of civil procedure shall govern in matters of pleading and practice where not otherwise specified herein. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties. Except as provided herein, the provisions of sections 43-406 through 43-408, Idaho Code, shall apply to the proceeding herein authorized as though the ground water district were an irrigation district.

History:

[42-5235, added 1995, ch. 290, sec. 1, p. 1000; am. 2016, ch. 113, sec. 3, p. 323.]
Idaho Code § 42-230 — Idaho Code / Title 42 / Chapter 2 / Section 42-230
42-230 DEFINITIONS.
Status: in_force

42-230. Definitions. (a) "Ground water" is all water under the surface of the ground whatever may be the geological structure in which it is standing or moving.

(1) All ground water having a temperature of greater than eighty-five (85) degrees Fahrenheit and less than two hundred twelve (212) degrees Fahrenheit in the bottom of a well shall be classified and administered as a low temperature geothermal resource pursuant to section 42-233, Idaho Code.

(2) All ground water having a temperature of two hundred twelve (212) degrees Fahrenheit or more in the bottom of a well shall be classified as a geothermal resource pursuant to section 42-4002, Idaho Code, and shall be administered as a geothermal resource pursuant to chapter 40, title 42, Idaho Code.

(b) "Well" is an artificial excavation or opening in the ground more than eighteen (18) feet in vertical depth below land surface by which ground water of any temperature is sought or obtained.

(c) "Well driller" is any person or group of persons who excavate or open a well or wells for compensation or otherwise upon the land of the well driller or upon other land. Well driller does not include those persons who construct a well on their own property for their own use without the aid of any power driven mechanical equipment.

(d) "Well drilling" or "drilling" for purposes of this chapter is the act of constructing a new well or deepening or modifying an existing well by any percussion, rotary, boring, digging, jetting, or augering method.

(e) "Water right" is the legal right, however acquired, to the use of water for beneficial purposes.

(f) "Operator" is the employee of the well driller who, through his work at the drilling site, causes the well to be drilled.

(g) "Low temperature geothermal resource well" means a well which is capable of producing a low temperature geothermal resource from which fluids can be produced which have value by virtue of the heat contained therein.

History:

[42-230, added 1951, ch. 200, sec. 5, p. 423; am. 1970, ch. 187, sec. 3, p. 541; am. 1971, ch. 149, sec. 1, p. 739; am. 1980, ch. 209, sec. 1, p. 479; am. 1987, ch. 347, sec. 2, p. 743; am. 1990, ch. 319, sec. 3, p. 872.]
Idaho Code § 42-204 — Idaho Code / Title 42 / Chapter 2 / Section 42-204
42-204 EXAMINATION — PERMIT — COMMENCEMENT OF WORK — EXTENSIONS — APPEAL.
Status: in_force

42-204. Examination — Permit — Commencement of work — Extensions — Appeal. (1) On receipt of the application, which shall be of a form prescribed by the department of water resources, it shall be the duty of that department to make an endorsement thereon of the date of its receipt and to examine said application and ascertain if it sets forth all the facts necessary to show the location, nature and amount of the proposed use. If upon such examination the application is found defective, it shall be the duty of the department of water resources to return the same for correction or to correspond with the applicant to obtain the needed information or amendments. If the application is returned to the applicant or the department shall request additional information and the applicant fails to return the corrected application or to supply the needed information within thirty (30) days, the department may void the record of said application and notify the applicant of such action. If the corrected application is returned or the information is supplied after thirty (30) days, such corrected application shall be treated in all respects as a new application, and the priority of the right initiated shall be determined by the date of receipt in the office of the department of the corrected application or additional information; provided, that upon request, and good cause appearing therefor, the director of the department of water resources may grant an extension of time within which to return the corrected application or supply needed information. All applications that comply with the provisions of this chapter and with the regulations of the department of water resources shall be numbered in such manner as will aid in their identification, and it shall be the duty of the department to approve all applications made in proper form that contemplate the application of water to a beneficial use: provided, that the department may deny any such application, or may partially approve and grant a permit for a lesser quantity of water than applied for, or may grant a permit upon conditions as provided in this chapter.

(2) The department of water resources shall issue a permit for any approved application, make a record of the approval and provide a copy of the permit to the applicant, who shall be authorized, on receipt thereof, to proceed with the construction of the necessary works for the diversion of such water and to take all steps required to apply the water to a beneficial use and perfect the proposed appropriation.

(3) The provisions of this subsection shall not apply to permits held by municipal providers for reasonably anticipated future needs. For all other permits, the department shall require that actual construction work and application of the water to full beneficial use shall be complete within a period of five (5) years from the date of such approval, but may limit permit development to a shorter period than requested in the application, and the permit shall set forth the date when beneficial application of the water to be diverted by such works shall be made. Sixty (60) days before the date set for the completion of the appropriation of water under any permit, the department shall forward a notice to the permit holder by certified mail at the permit holder's address of record of the date for such completion, which said notice shall advise the permit holder of the necessity of submitting a statement of completion showing proof of beneficial use or a request for an extension of time on or before said date. The department may approve a timely request for an extension of time in the following circumstances:

(a) In cases where the permit holder is prevented from proceeding with construction, work, or application of water to full beneficial use by the permit holder's failure to obtain necessary consent or final approval or rejection from the federal government because of the pendency of an application for right-of-way or other matter within the jurisdiction of the United States, by state, county, city or other local government permitting or administrative action or process related to the permit holder's land or water development, or by litigation related to the permit holder's land or water development, the department of water resources, upon proper showing of the existence of any such condition, and being convinced that said permit holder is proceeding diligently and in good faith, shall extend the time so that the amount of time lost by such delays shall be added to the time given in the original permit, or in any subsequent grant of extension pursuant to paragraph (b), (c), (d), or (f) of this subsection, for each and every action required.

(b) The time for completion of works and application of the water to full beneficial use under any permit involving the diversion of more than twenty-five thousand (25,000) acre-feet in one (1) irrigation season for a project of no less than five thousand (5,000) acres may, upon application to the director of the department of water resources supported by a showing that additional time is needed on account of the time required for organizing, financing and constructing works of such large size, be extended by the director of the department of water resources for up to twelve (12) years beyond the initial development deadline contained in the permit, or beyond a grant of extension pursuant to the provisions of paragraph (a) of this subsection: Provided, that no such extension shall be granted unless the permit holder for such extension shall show that there has been actually expended toward the construction of said diversion, including expenditures for the purchase of rights-of-way and property in connection therewith, at least one hundred thousand dollars ($100,000).

(c) The time for completion of works and application of the water to full beneficial use under any permit involving the construction of a reservoir of more than ten thousand (10,000) acre-feet capacity or for the appropriation of water to be impounded in such reservoir of more than ten thousand (10,000) acre-feet capacity may be extended by the director of the department of water resources upon application to the director if the permit holder establishes that the permit holder has exercised reasonable diligence and that good cause exists for the requested extension.

(d) The time for completion of works and application of the water to full beneficial use: (i) under any permit authorizing the diversion of two (2) or more cubic feet per second of water or the development or cultivation of one hundred (100) or more acres of land or (ii) under any permit that, when combined with another permit, authorizes the diversion of two (2) or more cubic feet per second of water or the development or cultivation of one hundred (100) or more acres of land, provided the permits have a common or combined diversion and distribution system, are owned by the same permit holder, and are approved within five (5) years of each other may be extended by the director of the department of water resources upon application by the permit holder for an additional period up to ten (10) years beyond the initial development deadline contained in the permit, or beyond a grant of extension pursuant to the provisions of paragraph (a) of this subsection, provided the permit holder establishes that the permit holder has exercised reasonable diligence and that good cause exists for the requested extension.

(e) In connection with permits held by the United States, or the Idaho water resource board, whether acquired as the original applicant by assignment or otherwise, the director of the department of water resources may extend the time for completion of the works and application of the water to full beneficial use for such additional period or periods of time as the director may deem necessary upon an extension request supported by a showing that such additional time is required by reason of the status of plans, authorization, construction fund appropriations, construction, or any arrangements that are found to be requisite to completion of the construction of such works.

(f) In all other situations not governed by these provisions, the department may grant one (1) extension of time, not exceeding five (5) years beyond the date originally set for completion of works and application of the water to full beneficial use, or beyond any grant of extension pursuant to the provisions of paragraph (a) of this subsection, upon request for extension received on or before the date set for completion, provided good cause appears therefor.

(4) For permits held by municipal providers for reasonably anticipated future needs, the permit development period shall correspond to the planning horizon authorized by the permit, which may not be extended. During the permit development period, the municipal provider shall periodically submit to the department incremental statements of completion showing proof of beneficial use consistent with the provisions of section 42-217, Idaho Code. Each such incremental statement shall document the extent of application of water to beneficial use during the most recent reporting interval. Each incremental statement shall be prepared by a certified water rights examiner, unless the permit holder is not asserting any additional increment of beneficial use during that reporting interval. The department shall set and may later adjust the duration of any reporting interval for any permit, which shall be made a condition of the permit, to any duration not shorter than five (5) years. Sixty (60) days before the end of each reporting interval, the department shall forward a notice to the municipal provider by certified mail to its address of record specifying the date the incremental statement is due. Unless an extension of the deadline for the incremental statement is requested by the municipal provider prior to the deadline, and the extension is approved by the director upon a showing of good cause, failure to timely submit an incremental statement shall result in a lapse of that portion of the permit that has not previously been licensed or for which an incremental statement of completion showing proof of beneficial use has not been submitted. Such lapsed permit portion may be reinstated only in accordance with the provisions of section 42-218a, Idaho Code. For reasonably anticipated future needs permits existing on July 1, 2020, the department shall have one (1) year from July 1, 2020, either to issue a license, where proof already has been submitted, or to modify the permit to conform to the provisions of this section by establishing future reporting intervals for periodic proof statements, by establishing the date for the final proof statement corresponding with the end of the planning horizon authorized by the existing permit, and by updating approval conditions to clarify whether information that must be submitted with proof of beneficial use is due at each reporting interval or only with the final proof statement.

(5) Any permit holder aggrieved by the decision of the department of water resources regarding its request for extension may request a hearing before the director in accordance with section 42-1701A(3), Idaho Code, for the purpose of contesting the decision and may seek judicial review pursuant to section 42-1701A(4), Idaho Code, of any final decision of the director following the hearing.

(6) Subject to the provisions for reinstatement as provided in section 42-218a, Idaho Code, a permit holder who fails to comply with the provisions of this section within the time or times specified shall be deemed to have relinquished all rights under its permit or, in the case of a permit held by a municipal provider for reasonably anticipated future needs, the permit holder shall be deemed to have relinquished all rights under any portion of the permit that has not previously been licensed or for which an incremental statement of completion showing proof of beneficial use has not been submitted.

(7) The provisions of this section as it becomes effective on July 1, 2021, shall apply to all existing permits pending before the department of water resources on July 1, 2021. Permits pending before the department on July 1, 2021, are entitled to the maximum qualifying extension available pursuant to the provisions of this section regardless of whether the permittee received a prior extension under subsection (3)(f) of this section.

History:

[42-204, added 1903, sec. 2, p. 223; am. 1905, sec. 2, p. 357; reen. R.C., sec. 3254; am. 1911, ch. 64, sec. 1, p. 184; am. 1915, ch. 133, sec. 1, p. 289; reen. C.L., sec. 3254; C.S., sec. 5570; am. 1923, ch. 135, sec. 1, p. 196; I.C.A., sec. 41-204; am. 1935, ch. 145, sec. 3, p. 353; am. 1941, ch. 161, sec. 1, p. 320; am. 1949, ch. 127, sec. 1, p. 222; am. 1963, ch. 214, sec. 1, p. 618; am. 1967, ch. 374, sec. 3, p. 1079; am. 1980, ch. 238, sec. 3, p. 529; am. 1982, ch. 62, sec. 1, p. 122; am. 1986, ch. 313, sec. 3, p. 765; am. 1989, ch. 96, sec. 1, p. 223; am. 2013, ch. 82, sec. 1, p. 201; am. 2020, ch. 164, sec. 1, p. 477; am. 2021, ch. 162, sec. 1, p. 459.]
Idaho Code § 42-1401C — Idaho Code / Title 42 / Chapter 14 / Section 42-1401C
42-1401C ROLE OF STATE AGENCIES OTHER THAN THE IDAHO DEPARTMENT OF WATER RESOURCES IN AN ADJUDICATION.
Status: in_force

42-1401C. Role of state agencies other than the Idaho department of water resources in an adjudication. (1) Each state agency, and the Idaho water resource board may file a claim and appear separately in any adjudication through the attorney general. This section shall not apply to the Idaho department of water resources.

(2) The attorney general may appear in any adjudication and shall represent the position of the state of Idaho.

History:

[42-1401C, added 1994, ch. 454, sec. 4, p. 1447.]