Idaho Code § 43-1913 — Idaho Code / Title 43 / Chapter 19 / Section 43-1913
43-1913 PRELIMINARY EXPENSES.
Status: in_force

43-1913. Preliminary expenses. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, employment of engineers and other employees, making of notices, taking of options, legal and clerical help and all other expenses necessary to be made and paid prior to the authorization for the issuance of revenue bonds, provided, that no such expenditures shall be made or paid unless an appropriation has been made therefor in the same manner as is required by law for district funds. Any funds so expended by the district shall be fully reimbursed and repaid to the district out of the sale of the revenue bonds before any other disbursements are made therefrom, and the amount so advanced by the district to pay the preliminary expenses shall be a first charge against the proceeds resulting from the sale of the revenue bonds until the same has been repaid as herein provided.

History:

[43-1913, added 1988, ch. 299, sec. 8, p. 948.]
Idaho Code § 43-502 — Idaho Code / Title 43 / Chapter 5 / Section 43-502
43-502 ELECTION TO AUTHORIZE SECONDARY BONDS.
Status: in_force

43-502. Election to authorize secondary bonds. Before the board of directors of any such irrigation district shall cause to be issued and sold any of the coupon bonds of said district mentioned in the preceding section, they shall first call a special election and there shall be submitted to the qualified electors of said district who are residents of the district, the holders of title or evidence of title to lands in said district, the question of whether or not the bonds in said district in the amount determined and set forth in the resolution of the board of directors of the district shall be authorized to be issued for said purpose.

Notice of such election must be given by posting notice in three (3) public places in each election precinct in said district at least four (4) weeks before the date of said election, and the publication thereof for the same length of time in some newspaper published in the district, and in case no paper is published in the district, then in a paper published in each of the counties in which the district or any part thereof is located. Such notice must specify the time for holding said election, the amount of bonds proposed to be issued and the purposes for which the same are to be issued. Said election must be held and the results thereof determined and declared in all respects, as nearly as practicable, in conformity with the provisions of chapter 4 of this title, governing bond elections: provided, that no informality in conducting such election shall invalidate the same if the election shall have been otherwise correctly conducted. At such election the ballots shall contain the words "Bonds–yes" and "Bonds–no," or other words equivalent thereto. If two-thirds (2/3) of the votes cast are "Bonds–yes" the board of directors shall cause the bonds in said amounts to be issued; if more than one-third (1/3) of the votes cast are "Bonds–no" the result shall be so declared and entered of record.

History:

[(43-502) R.C., sec. 2405a, as added by 1915, ch. 38, sec. 2, p. 118; reen. C.L., sec. 2406b; C.S., sec. 4372; I.C.A., sec. 42-502.]
Idaho Code § 43-2308 — Idaho Code / Title 43 / Chapter 23 / Section 43-2308
43-2308 CONSTRUCTION.
Status: in_force

43-2308. Construction. Any restrictions, limitations or regulations relative to the issuance of such bond or the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the bonds issued under this chapter or the execution of such contracts pursuant to the authority herein contained, it being intended that this chapter is full authority for the issuance of such bonds and the execution of such contracts. The provisions of sections 43-314, 43-406, 43-407 and 43-408, Idaho Code, shall not apply to any contract or agreement entered into by an irrigation district pursuant to the provisions of section 43-2301, Idaho Code, nor to the issuance of any bonds by an irrigation district pursuant to the provisions of section 43-2301, Idaho Code. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.

History:

[43-2308, added 1978, ch. 367, sec. 1, p. 965; am. 1979, ch. 294, sec. 3, p. 777.]
Idaho Code § 43-1406 — Idaho Code / Title 43 / Chapter 14 / Section 43-1406
43-1406 JOINT INTERSTATE DISTRICTS.
Status: in_force

43-1406. Joint interstate districts. One or more irrigation districts organized under the laws of this state may unite with one or more adjacent irrigation districts organized under the laws of any adjoining state in the purchase or construction of an irrigation system or works for the irrigation of the land within said respective irrigation districts; and in such case said irrigation districts are hereby jointly granted the same power of condemnation as is now possessed by one (1) district alone; and in such case the cost of purchase, acquisition or construction of such irrigation system shall be apportioned to each district in proportion to the acreage in each district for which water shall be provided and such joint works shall be owned jointly in proportion to such respective acreage; a joint commission not exceeding seven (7) in number shall be chosen by the board of directors of the respective irrigation districts, the members of which shall be apportioned to each district as nearly as practicable in accordance with the acreage for which water shall be provided in each respective district; said commission shall control and manage such joint works subject to the board of directors of the respective districts and each member of such commission shall hold office at the will of the board of directors of the district appointing him.

History:

[(43-1406) 1917, ch. 31, sec. 1, p. 73; reen. C.L., sec. 2438n; C.S., sec. 4441; I.C.A., sec. 42-1406.]
Idaho Code § 43-2411 — Idaho Code / Title 43 / Chapter 24 / Section 43-2411
43-2411 ORDER TO BE RECORDED — EFFECT.
Status: in_force

43-2411. Order to be recorded — Effect. Upon an order of domestic annexation being made a copy thereof, certified by the president and secretary of the board shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district. Thereupon such lands shall be entitled to receive domestic water from the district, and shall pay therefore upon such basis as the board of directors shall direct. Such lands shall be subject to all laws, and rules and regulations of the district relating to domestic water. Such lands shall not be entitled to receive irrigation water from the district, and shall not be subject to assessment by the district. The owners of and/or residents on such lands shall be subject to the same voter qualifications and shall have the same voting rights in district elections as the owners of and/or residents on other lands within the district.

History:

[43-2411, added 1979, ch. 178, sec. 1, p. 532.]
Idaho Code § 43-1906 — Idaho Code / Title 43 / Chapter 19 / Section 43-1906
43-1906 SHORT TITLE.
Status: in_force

43-1906. Short title. Sections 43-1907 through 43-1920, Idaho Code, may be cited as the "Irrigation District Domestic Water System Revenue Bond Act."

History:

[43-1906, added 1988, ch. 299, sec. 1, p. 945.]
Idaho Code § 43-106 — Idaho Code / Title 43 / Chapter 1 / Section 43-106
43-106 NOTICE OF HEARING.
Status: in_force

43-106. Notice of hearing. When such petition is presented, the said board shall set a time for a hearing upon the same, which time shall not be less than four (4) nor more than eight (8) weeks from the date of presentation. A notice of the time of such hearing shall be published by said board, at least three (3) weeks before the time of such hearing, in a newspaper published within each of the counties in which any part of said district is situated.

History:

[(43-106) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374, am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374c; C.S., sec. 4318; I.C.A., sec. 42-106.]
Idaho Code § 43-1130 — Idaho Code / Title 43 / Chapter 11 / Section 43-1130
43-1130 APPEALS — PROCEDURE.
Status: in_force

43-1130. appeals — procedure. An appeal shall lie from the orders of the boards of directors transferring lands covered by the procedures pursuant to sections 43-1122 through 43-1128, Idaho Code, and from any part of such orders. The appeal may be taken by any landowner in the excluding district or in the annexing district and by any person, firm, corporation or other entity having any interest in any tract of land included in such orders. The appeal shall be to the district court of the county where the lands involved in the appeal are located. The appeal shall be taken and shall be subject to the appeal provisions of section 43-719(4) and (5), Idaho Code.

History:

[43-1130, added 2012, ch. 122, sec. 9, p. 341.]
Idaho Code § 43-1124 — Idaho Code / Title 43 / Chapter 11 / Section 43-1124
43-1124 NOTICE.
Status: in_force

43-1124. notice. The secretaries of the excluding and annexing districts shall publish and provide notice of the hearing on the proposed transfer in the manner described in section 43-1112, Idaho Code. The secretaries may publish and provide such notice separately or jointly.

History:

[43-1124, added 2012, ch. 122, sec. 3, p. 339.]
Idaho Code § 43-2510 — Idaho Code / Title 43 / Chapter 25 / Section 43-2510
43-2510 PREPARATION OF ASSESSMENT ROLL AND NOTICE OF HEARING THEREON.
Status: in_force

43-2510. Preparation of assessment roll and notice of hearing thereon. After the contract has been awarded and at such time as the board shall determine, the engineer shall prepare a duly certified report to the board showing in detail the total cost and expenses of the improvements and the dollar amounts of the same payable from assessments and from other sources. The report shall also contain a form of assessment roll numbering each assessment, giving the name, if known, of the owner of each lot or parcel of property assessed, and showing the amount chargeable to each lot or parcel of property according to the method of assessment originally contemplated by the board subject to any variations therefrom as a result of the engineer's recommendation that benefits to be received by any lot or parcel of property warrant such a variation from the method chosen. Each lot or parcel of property shall be described with sufficient clearness to identify it, and if the engineer recommends any variations from the contemplated method of assessment, those variations shall be pointed out and the reasons for the same shall be given in the report.

Upon receipt of the report, the board shall cause the assessment roll contained therein to be filed in the office of the treasurer where it shall be available for public inspection. The board shall thereupon fix a time and place when and where the board will meet in open session and consider the report and the assessment roll and hear all objections to the assessment roll by the property owners of the local improvement district.

History:

[43-2510, added 1993, ch. 407, sec. 1, p. 1481.]
Idaho Code § 43-1401 — Idaho Code / Title 43 / Chapter 14 / Section 43-1401
43-1401 PETITION FOR CONSOLIDATION.
Status: in_force

43-1401. Petition for consolidation. Whenever the boards of directors of any two (2) or more irrigation districts which are contiguous deem it for the best interests of their respective districts that the same be consolidated into a single district, such boards of directors may petition the board of county commissioners for an order for an election, to vote upon the question of such consolidation, which petition shall state in detail the terms upon which such consolidation is proposed to be made: provided, however, when any two (2) irrigation districts which are contiguous, where one (1) district does not embrace more than one-tenth (1/10) the land in the larger district, and the board of directors deem it for the best interests of the respective districts that the same be consolidated into a single district, the board of directors may arrange by contract upon what terms and conditions the smaller district may be consolidated with the larger district, with the name and officers of the larger district still retained, which contract shall be submitted to the board of directors of the smaller district, together with the question of whether or not said districts shall be consolidated under the terms of the agreement, at a special election held for that purpose in such smaller district. Notice of such election shall be published as required for notices of election for indebtedness. At such election should two-thirds (2/3) of the electors voting, vote in favor of said contract and the consolidation of said districts, the board of directors of the smaller district shall petition the board of directors of the larger district, which notice shall be published in a newspaper published within the county wherein the office of the board of directors of the larger district is situated, for such length of time and covering the same matters as required by a petition of a private owner of land to have same included within the boundaries of an irrigation district. The law applicable to the inclusion of land within the boundaries of an irrigation district, after the petition is filed and notice given, shall apply to the consolidating, including and annexing of a smaller district in and to the boundaries of a larger district. After the board of directors of the larger district has made the order including said smaller district within the boundaries of the larger district, the board of directors of the larger district shall file a petition in the district court within the county wherein the principal office of the larger district is situated, asking for an approval and confirmation of the proceedings thereunder, and the same procedure shall be followed as provided by sections 43-406, 43-407, and 43-408 with reference to the confirmation of the proceedings within irrigation districts. In such petition the prayer shall be that the proceedings, together with the contract, may be examined and approved by the court; that after the confirmation of said proceedings the order of the board of directors admitting the smaller district into the larger district, containing a description of all the land properly certified by the secretary of the district, shall be filed for record in the office of the recorder of the county within which said land lies.

History:

[(43-1401) 1903, p. 150, part of sec. 56; reen. R.C. & C.L., sec. 2438; am. 1919, ch. 120, sec. 1, p. 405; C.S., sec. 4436; I.C.A., sec. 42-1401.]
Idaho Code § 43-2307 — Idaho Code / Title 43 / Chapter 23 / Section 43-2307
43-2307 BONDS TAX EXEMPT.
Status: in_force

43-2307. Bonds tax exempt. Bonds and interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.

History:

[43-2307, added 1978, ch. 367, sec. 1, p. 965.]
Idaho Code § 43-105 — Idaho Code / Title 43 / Chapter 1 / Section 43-105
43-105 NOTICE OF PRESENTATION TO COMMISSIONERS.
Status: in_force

43-105. Notice of presentation to commissioners. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing said clerk shall publish a general notice that (giving the first name on the petition) and others have filed a petition for the organization of an irrigation district. If it be proposed in said petition to construct a new canal system, such notice shall state that fact and give the numbers of the sections in which the lands are situated which it is proposed to include in said district, but if it is proposed to purchase a canal already in operation, the notice shall state that fact and give the name by which such canal system is generally known, and shall state that the lands covered by said canal system are the lands proposed to be included in such district. The notice shall further state the time at which such petition will be presented to the board of county commissioners, which time shall be during a regular meeting of said board or a special meeting called for that purpose, and such notice shall be published two (2) weeks before the day on which the same is to be presented, and if any portion of such proposed district be within another county or counties, then said notice shall be published in a newspaper published in each of said counties.

History:

[(43-105) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374b; C.S., sec. 4317; I.C.A., sec. 42-105.]
Idaho Code § 43-340 — Idaho Code / Title 43 / Chapter 3 / Section 43-340
43-340 USE OF MONEYS RECEIVED FOR LEASED WATER RIGHTS.
Status: in_force

43-340. Use of moneys received for leased water rights. All payments of rent received by an irrigation district under a lease of water rights authorized by section 43-335 or 43-338, Idaho Code, shall belong to the district, and it shall not be obligated to reimburse electing landowners for any such rental payments, and such payments shall be deemed to have been received by the district in lieu of tolls or assessments which otherwise would have been levied against the lands for which landowners have elected not to receive water or against the lands to which water cannot be delivered.

History:

[43-340, added 1983, ch. 68, sec. 6, p. 153.]
Idaho Code § 43-408 — Idaho Code / Title 43 / Chapter 4 / Section 43-408
43-408 CONFIRMATION OF PROCEEDINGS — HEARING AND ORDER.
Status: in_force

43-408. Confirmation of proceedings — Hearing and order. Upon the hearing of such special proceedings, the court shall examine all of the proceedings set up in the petition, and may ratify, approve and confirm said assessment, list, apportionment and distribution, the court shall hear all objections either filed in said proceedings or brought up from the hearing before the board of directors as aforesaid, and for that purpose any person desiring to be heard upon objections overruled by the board of directors, shall state the substance of said objections and the ruling of the board in his answer. 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 said assessment, list and apportionment are in any substantial matter erroneous or unjust, the same shall not be returned to said board, but the court shall proceed to correct the same so as to conform to this title and the rights of all parties in the premises, and the final order or decree of the court may approve and confirm such proceedings in part, and disapprove other parts of said proceedings; and in case the proceedings for the organization of the district and the issue of bonds are approved, the court shall correct all the errors in the assessment, apportionment and distribution of costs as above provided, and render a final decree approving and confirming all of the said proceedings. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district shall have the right to institute further proceedings for the issue of bonds de novo. The costs of the special proceedings may be allowed and apportioned among the parties thereto in the discretion of the court.

History:

[(43-408) 1903, p. 150, sec. 19; am. 1907, p. 484, sec. 1, subd. 19; reen. R.C. & C.L., sec. 2403; C.S., sec. 4366; I.C.A., sec. 42-408.]
Idaho Code § 43-712 — Idaho Code / Title 43 / Chapter 7 / Section 43-712
43-712 REDEMPTION.
Status: in_force

43-712. Redemption. (1) At any time prior to the termination of the redemption period as provided in section 43-1508, Idaho Code, redemption of the land may be made by paying to the treasurer an amount equal to:

(a) The amount of all unpaid assessments, including, where applicable, those assessments for the year or years following the issuance of the tax deed, together with all penalties and interest thereon;

(b) All costs associated with the assessment and delinquency processes of the irrigation district;

(c) The costs incurred for the issuance of the redemption deed from the district; and

(d) All other fees and charges for redemption otherwise prescribed by law.

(2) Upon redemption, the treasurer shall note the redemption on the delinquency list and shall issue a redemption certificate showing:

(a) The name of the redemptioner;

(b) The amount paid in redemption;

(c) A description of lands redeemed;

(d) The year in which assessment was levied; and

(e) The delinquency entry number.

(3) The treasurer shall provide a copy of the redemption certification to the redemptioner.

(4) If the land being redeemed has been included in a certified delinquency list:

(a) The treasurer shall file one (1) copy of the redemption certificate with the county recorder of the county in which the land is located; and

(b) The county recorder shall enter the redemption opposite the corresponding entry in his record of delinquent assessments. The county recorder shall be entitled to charge a fee as provided by section 31-3205, Idaho Code, which fee shall be added to the amount necessary for redemption paid by the redemptioner, and be transmitted to the county recorder by the district treasurer.

History:

[(43-712) C.S., sec. 4389E, as added by 1925, ch. 128, sec. 1, p. 173; I.C.A., sec. 42-712; am. 1937, ch. 110, sec. 2, p. 165; am. 1970, ch. 96, sec. 1, p. 243; am. 1984, ch. 174, sec. 1, p. 419; am. 2013, ch. 61, sec. 1, p. 136; am. 2024, ch. 157, sec. 1, p. 607.]
Idaho Code § 43-222 — Idaho Code / Title 43 / Chapter 2 / Section 43-222
43-222 CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE.
Status: in_force

43-222. Canvassing petition for sufficiency of signatures — Notice. Upon the filing of a recall petition in his office, the secretary of the irrigation district with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the person filing them and the director whose recall is demanded of the date when the petitions will be canvassed, which date shall be not less than five (5) nor more than ten (10) days from the date of its filing.

History:

[43-222, added 1989, ch. 337, sec. 1, p. 853.]
Idaho Code § 43-2006 — Idaho Code / Title 43 / Chapter 20 / Section 43-2006
43-2006 ASSESSMENTS — CANCELING, COMPROMISING OR EXTENDING TIME FOR PAYMENT — REFUNDING OPERATIONS.
Status: in_force

43-2006. Assessments — Canceling, compromising or extending time for payment — Refunding operations. The board of commissioners of any drainage district, or the board of directors of any irrigation district, in the state of Idaho, shall have the power to cancel, compromise, and/or extend the time for the payment of delinquent assessments heretofore levied by such board on lands within the district, where such district is refunding its outstanding indebtedness through any governmental agency of the United States. Said cancellation, compromise, and/or extension of time for the payment of such delinquent taxes shall not take effect until said refunding of said indebtedness is consummated. When the refunding of said indebtedness is completed said board shall cause appropriate notation of said cancellation, compromise, and/or extension of time for payment to be noted upon the proper records. Provided, however, that the provisions of this section shall not be applicable in such cases where such district has assigned its right to tax deed under the provisions of section 43-715 Idaho Code.

History:

[43-2006, added 1935, ch. 126, sec. 1, p. 298.]
Idaho Code § 43-1915 — Idaho Code / Title 43 / Chapter 19 / Section 43-1915
43-1915 BONDS — FORM — CONDITIONS.
Status: in_force

43-1915. Bonds — Form — Conditions. All revenue bonds issued under authority of this act shall be sold, executed and delivered in the same manner as provided by the municipal bond law for the sale of general obligation bonds, except that issues of revenue bonds may, in the discretion of the directors, be sold at a private sale without advertising the same at competitive bidding and at a price above, at, or below par. The resolution authorizing the issuance of bonds shall prescribe the form of bonds. The bonds shall bear interest at a rate or rates, payable annually, or at lesser intervals as may be prescribed by resolution; may be in one (1) or more series, bear the date or dates, mature at the time or times, and be redeemable before maturity at the option of the district; may be payable in the medium of payment, at the place or places, may carry registration privileges, may be subject to the terms of redemption, may contain the terms, covenants and conditions, and may be in the form as the resolution may provide. Pending preparation of the bonds, interim certificates in the form and with the provisions as the directors may determine may be issued. Bonds and interim certificates shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law.

Notwithstanding the provisions of the municipal bond law, the governing body in any proceedings authorizing bonds under this act may:

(a) Provide for the initial issuance of one (1) or more bonds aggregating the amount of the entire issue;

(b) Make such provision for installment payments of the principal amount of any bond as it may consider desirable;

(c) Further make provision in any proceedings for the manner and circumstances in and under which any bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations.

History:

[43-1915, added 1988, ch. 299, sec. 10, p. 949.]
Idaho Code § 43-1122 — Idaho Code / Title 43 / Chapter 11 / Section 43-1122
43-1122 TRANSFER OF LANDS BETWEEN DISTRICTS.
Status: in_force

43-1122. transfer of lands between districts. The boards of directors of two (2) irrigation districts may by resolution declare and act upon their proposal to transfer lands from one (1) district to the other through exclusion and annexation in accordance with sections 43-1122 through 43-1129, Idaho Code. The district from which lands are proposed to be excluded shall be identified as the "excluding district." The district to which lands are proposed to be annexed shall be identified as the "annexing district."

History:

[43-1122, added 2012, ch. 122, sec. 1, p. 339.]
Idaho Code § 43-609 — Idaho Code / Title 43 / Chapter 6 / Section 43-609
43-609 LIEN OF TAXES.
Status: in_force

43-609. Lien of taxes. All taxes for interest on and for the redemption of such refunding bonds shall be a lien on the taxable property of the district prior to all other liens, except the lien of general, state, county and school district taxes. Taxes levied for the payment of interest shall be payable in cash only, or by means of interest coupons detached from the refunding bonds issued under the provisions of this chapter, and maturing during the year in which such taxes are by law made payable; taxes levied for the payment of principal indebtedness shall be payable in cash only, or by means of refunding bonds issued under the provisions of this chapter, and maturing during the year in which such taxes are by law made payable. All taxes for interest shall be kept by the treasurer of the district as a special fund, to be used in payment of interest only; and all taxes for the redemption of such refunding bonds shall be kept by such district treasurer as a special fund, to be used for the redemption only of the principal of such refunding bonds.

History:

[(43-609) 1915, ch. 142, sec. 9, p. 299; reen. C.L., sec. 2406o; C.S., sec. 4383; I.C.A., sec. 42-609.]
Idaho Code § 43-402 — Idaho Code / Title 43 / Chapter 4 / Section 43-402
43-402 FORM OF BONDS.
Status: in_force

43-402. Form of bonds. The bonds authorized by any vote shall be designated as a series and the series shall be numbered consecutively as authorized. The portion of the bonds of a series sold at any time shall be designated as an issue, and each issue shall be numbered in its order. The bonds of each issue shall be numbered consecutively, commencing with those earliest falling due. All bonds shall be negotiable in form and payable in money of the United States.

Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1 next following the date of their authorization and they shall bear interest, payable semiannually on the first days of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of the denomination of not less than $100 nor more than $5000, and shall be signed by the president and secretary, and the seal of the board of directors shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this title, naming it, and shall also state the number of the issue of which such bonds are a part. The secretary and treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by a levy of assessment therefor, in the manner hereinafter provided.

Bonds may be issued with maturities under any one (1) of the following plans:

Plan No. 1, Eleven-Twenty (11-20) Year Bonds. At the expiration of eleven (11) years from each issue, five per cent (5%) of the whole number of bonds of such issue; at the expiration of twelve (12) years, six per cent (6%); at the expiration of thirteen (13) years, seven per cent (7%); at the expiration of fourteen (14) years, eight per cent (8%); at the expiration of fifteen (15) years, nine per cent (9%); at the expiration of sixteen (16) years, ten per cent (10%); at the expiration of seventeen (17) years, eleven per cent (11%); at the expiration of eighteen (18) years, thirteen per cent (13%); at the expiration of nineteen (19) years, fifteen per cent (15%); at the expiration of twenty (20) years, sixteen per cent (16%); provided, that such percentages may be changed sufficiently so that every bond shall be in an amount of $100 or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments.

Plan No. 2, Amortization Plan. Bonds may be issued on the amortization plan covering a period of forty (40) years or less, at the discretion of the board of directors, with the principal payable in annual or semiannual instalments, so arranged as to maturities that the combined principal and interest payments during the entire period shall be approximately the same each year during the life of the issue.

Plan No. 3, Five-Thirty (5-30) Year Bonds. Bonds may be issued payable in annual instalments over a period of thirty (30) years or less. The board of directors may fix a date, not more than five (5) years from the date of each issue, for the earliest maturity of each issue. Beginning with the date of the earliest maturity of each issue, the principal shall be payable in annual amounts designated by the board of directors over the remaining life of the bonds not to exceed thirty (30) years from the date of issue.

History:

[(43-402) 1903, p. 150, sec. 15a, as added by 1907, p. 484, sec. 1, subd. 15a; reen. R.C., sec. 2397; am. 1915, ch. 143, sec. 6, p. 304; reen. C.L., sec. 2397; C.S., sec. 4360; am. 1925, ch. 64, sec. 1, p. 94; am. 1929, ch. 104, sec. 1, p. 170; I.C.A., sec. 42-402; am. 1966 (2nd E.S.), ch. 8, sec. 1, p. 20; 1970, ch. 133, sec. 9, p. 309.]
Idaho Code § 43-1407 — Idaho Code / Title 43 / Chapter 14 / Section 43-1407
43-1407 JOINT INTERSTATE DISTRICTS — RIGHT TO DRAIN LANDS.
Status: in_force

43-1407. Joint interstate districts — Right to drain lands. The authority extended to joint interstate districts under the preceding section shall be construed to include the right to drain its lands under section 43-1406.

History:

[(43-1407) Compiled from 1917, ch. 31, sec. 2, p. 73; reen. C.L., sec. 2438o; C.S., sec. 4442; I.C.A., sec. 42-1407.]
Idaho Code § 43-2502 — Idaho Code / Title 43 / Chapter 25 / Section 43-2502
43-2502 DEFINITIONS.
Status: in_force

43-2502. Definitions. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively given herein.

(1) "Board" means the board of directors of an irrigation district.

(2) "Costs and expenses" mean the contract price of all improvements, including any costs or expenses incurred for engineering, clerical, printing and legal services as well as for advertising, surveying, inspection of work, collection of assessments, interest upon bonds or warrants, and an amount for contingencies as shall be considered necessary by the board.

(3) "District or irrigation district" means irrigation districts organized pursuant to the provisions of chapter 1, title 43, Idaho Code.

(4) "Engineer" means the official engineer of the irrigation district or one specially retained for purposes of operating under the provisions of this chapter.

(5) "Local improvement district" means a local improvement district created within the boundaries of an irrigation district or irrigation districts under the authority of this chapter.

(6) "Owner" or "owners" mean the owner of property within the limits of a local improvement district, or a proposed local improvement district; and a corporation, joint stock association, partnership, individual proprietor or other form of business enterprise owning real property, within any such district or proposed district.

(7) "Secretary," "treasurer" or "other irrigation district officer" means the appropriate irrigation district officers with regard to irrigation district local improvement districts.

History:

[43-2502, added 1993, ch. 407, sec. 1, p. 1476.]
Idaho Code § 43-1705 — Idaho Code / Title 43 / Chapter 17 / Section 43-1705
43-1705 PROOF OF RECLAMATION AND SETTLEMENT — PATENT.
Status: in_force

43-1705. Proof of reclamation and settlement — Patent. Within one (1) year after the district authorized to construct irrigation works under the provisions of this title shall have notified the settlers under such works that it is prepared to furnish water under the terms of the contract with the state, said settlers shall cultivate and reclaim not less than one-sixteenth (1/16) part of the land filed upon, and within two (2) years after said notice, the settler shall have irrigated and cultivated not less than one-eighth (1/8) of the land filed upon, and within three (3) years after the date of said notice the settler shall appear before the director of the department of water resources, a judge or clerk of any court of record within the state, or a commissioner appointed by the department of water resources, and make final proof of the reclamation, settlement and occupation, which proof shall embrace evidence that he has paid all of the assessments levied and assessed against said land by the district, or he shall present a tax deed issued by the treasurer of said district and also prove that all assessments levied and assessed by the district against said land have been paid; that he has been an actual settler thereon and has cultivated and irrigated not less than one-eighth (1/8) part of said tract; and such further proof, if any, as may be required by the regulations of the department of the interior and the department of water resources.

The officer taking this proof shall be entitled to receive a fee of two dollars ($2.00), which fee shall be paid by the settler and shall be in addition to the price paid to the state for the land: provided, that when the director of the department of water resources takes final proof, all fees received by him shall be turned into the state treasury. The commissioners appointed by the department of water resources are hereby authorized to administer oaths.

All proofs so received shall be submitted to the department of water resources accompanied by the final payment for the said land, and upon approval of the same by said department, the settler shall be entitled to his patent. If the land shall not be embraced in any patent theretofore issued to the state by the United States, the proof shall be forwarded to the secretary of the interior with the request that a patent to said lands be issued to the state.

When the works designed for the irrigation of lands under the provisions of this chapter shall be so far completed as to actually furnish an ample supply of water in a substantial ditch or canal to reclaim any particular tract or tracts of such lands, the state of Idaho shall, through the department of water resources, make proof of such fact, and shall apply for a patent to such lands in the manner provided in the regulations of the department of the interior.

History:

[(43-1705) R.C., sec. 2386d, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:5; C.S., sec. 4458; I.C.A., sec. 42-1705.]
Idaho Code § 43-2108 — Idaho Code / Title 43 / Chapter 21 / Section 43-2108
43-2108 PROOF OF PUBLICATION — DEFAULT OF NONDISSENTING CREDITORS — NOTICE OF HEARING TO DISSENTING CREDITORS.
Status: in_force

43-2108. Proof of publication — Default of nondissenting creditors — Notice of hearing to dissenting creditors. Proof of publication of said notices by affidavit of the publishers shall be filed with the clerk, and upon the expiration of ninety (90) days from the date of the first publication of said notice the default of all creditors which have not filed their dissent as above provided, and which have not filed their written assent or approval of said plan with the secretary, shall be entered as in other cases, and thereupon the court or the judge thereof, at chambers, shall fix a time for hearing said cause, and notice of such hearing shall be given to the dissenting creditors by mailing such notice to the address given by them, respectively, in their objections filed as aforesaid, or such notice may be given to their attorneys of record, at least twenty (20) days before the hearing.

History:

[43-2108, added 1933, ch. 174, sec. 8, p. 316.]
Idaho Code § 43-2549 — Idaho Code / Title 43 / Chapter 25 / Section 43-2549
43-2549 MAINTENANCE AND OPERATION AND SOURCES OF FUND.
Status: in_force

43-2549. Maintenance and operation and sources of fund. The board shall prescribe rules and regulations for the maintenance and operation of the guarantee fund not inconsistent herewith. After the creation of such fund, all money derived from the assignment of delinquency certificates, redemptions, sale of property under foreclosure for delinquent local improvement district assessments or from the rent or sale of property, title to which has been obtained by the district pursuant to this code, shall be paid into the local improvement guarantee fund, and all delinquency certificates issued and such property acquired shall be held by the district for the benefit of such guarantee fund. Money from the guarantee fund may be used to redeem property subject to local improvement assessments from general tax delinquencies, underlying bonds or warrants guaranteed by the fund, or to purchase such property at county tax sales or otherwise, from the county for the purpose of protecting the guarantee fund. After so acquiring title to real property, the district may lease or sell and convey the same for such price and on such terms as may be determined by the board, any provision of law or resolution to the contrary notwithstanding, and all proceeds resulting therefrom shall belong to and be paid into the guarantee fund, provided however, that in the event the district purchases such property at tax sale or otherwise it shall not be sold for a lesser sum than the district paid therefor.

History:

[43-2549, added 1993, ch. 407, sec. 1, p. 1498.]
Idaho Code § 43-2522 — Idaho Code / Title 43 / Chapter 25 / Section 43-2522
43-2522 LIABILITY OF DISTRICT.
Status: in_force

43-2522. Liability of district. The holder of any bond, issued under the authority of this code, shall have no claim therefor against the district by which the same is issued, except to the extent of the funds created and received by assessments for the applicable bond issue against the property within any local improvement district as herein provided and to the extent of the local improvement guarantee fund for the applicable bond issue which may be established by any such district under the provisions of this code, but the district shall be held responsible for the lawful levy of all special taxes or assessments herein provided and for the faithful accounting of settlements and payments of the special taxes and assessments levied for the payment of the bonds as herein provided. The owners and holders of such bonds shall be entitled to complete enforcement of all assessments made for the payment of such bonds. A copy of this section shall be plainly written, printed or engraved on the face of each bond so issued.

History:

[43-2522, added 1993, ch. 407, sec. 1, p. 1488.]
Idaho Code § 43-2007 — Idaho Code / Title 43 / Chapter 20 / Section 43-2007
43-2007 LANDS MORTGAGED TO SECURE LOAN OF STATE ENDOWMENT FUNDS — REPORT OF ASSESSMENTS AND LIENS — PENALTY.
Status: in_force

43-2007. Lands mortgaged to secure loan of state endowment funds — Report of assessments and liens — Penalty. It shall be the duty of the treasurer of every irrigation district, drainage district, or any person or corporation engaged in the business of furnishing water for irrigation and having the power to make assessments for maintenance or for any other purpose, or having a lien for maintenance or otherwise, to report to the state department of finance any such assessments or such claim of lien on any lands mortgaged to the state to secure a loan of state endowment funds such report to be made within sixty (60) days after written request for such report by said department. Said report shall be made for all lands on which there is a loan of state endowment funds whether the assessments thereon are delinquent or not; provided, that such request shall contain a description of all the property upon which a report is desired and shall not be made more than once a year and that forms for such report shall be furnished by said department. A failure to comply with the provisions of this section shall subject the party guilty of such failure to a penalty of three hundred dollars ($300) to be recovered by the state in an appropriate action and to be paid into the general fund in the state treasury.

History:

[(43-2007) 1925, ch. 109, sec. 1, p. 156; am. 1929, ch. 249, sec. 1, p. 507; I.C.A., sec. 42-724; am. 1969, ch. 466, sec. 9, p. 1326.]
Idaho Code § 43-1126 — Idaho Code / Title 43 / Chapter 11 / Section 43-1126
43-1126 HEARING.
Status: in_force

43-1126. hearing. The boards of directors of the districts may hold separate hearings or a joint hearing on the proposed transfer. At such hearing(s), the boards of directors shall hear all of the objections presented to them in writing and all evidence introduced in support of the transfer and in support of the objections to the transfer.

History:

[43-1126, added 2012, ch. 122, sec. 5, p. 340.]
Idaho Code § 43-301 — Idaho Code / Title 43 / Chapter 3 / Section 43-301
43-301 ELECTION OF OFFICERS.
Status: in_force

43-301. Election of officers. On the first Tuesday of January next following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary and treasurer, who shall each hold office during the pleasure of the board. At any regular or special meeting the board of directors may appoint an assistant secretary or an assistant treasurer, or both, and fix the duties, the length of term, and the amount of bond, of each of them.

History:

[(43-301) 1903, p. 150, part of sec. 12; am. 1907, p. 484, sec. 1, part of subd. 12; reen. R.C., sec. 2385; am. 1911, ch. 154, sec. 7, p. 461; am. 1915, ch. 86, sec. 1, p. 203; reen. C.L., sec. 2385; C.S., sec. 4343; I.C.A., sec. 42-301; am. 1933, ch. 33, sec. 1, p. 44.]
Idaho Code § 43-1008 — Idaho Code / Title 43 / Chapter 10 / Section 43-1008
43-1008 ELECTION TO DETERMINE CHANGE.
Status: in_force

43-1008. Election to determine change. If within ninety (90) days of board approval of an order allowing annexation a petition signed by either ten (10) landowners or by two percent (2%) of the landowners, whichever number is greater, of the district is presented to the board which petition states that those signing request an election to approve or disapprove said annexation, then the board shall order an election be held within said district to determine whether the boundaries of the district shall be changed as mentioned in said order; and shall fix the time at which such election shall be held. Notice thereof shall be given and published, and such election shall be held, and all things pertaining thereto conducted, in the manner prescribed by this title in case of an election to determine whether bonds of the district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the lands to be annexed to said district.

History:

[(43-1008) 1903, p. 150, sec. 50; am. 1907, p. 484, sec. 1, subd. 50; reen. R.C. & C.L., sec. 2430; C.S., sec. 4418; I.C.A., sec. 42-1008; am. 1990, ch. 340, sec. 6, p. 925.]
Idaho Code § 43-703 — Idaho Code / Title 43 / Chapter 7 / Section 43-703
43-703 BOARD OF CORRECTION.
Status: in_force

43-703. Board of correction. Upon the day specified in the notice required by the preceding section of the meeting, the board of directors, which is hereby constituted a board of corrections for that purpose, shall meet and continue in session, from day to day, as long as may be necessary not to exceed five (5) days, exclusive of holidays, and may make such changes in said assessment book as may be necessary to make it conform to the facts. In the event that the time set for the board of directors to meet to correct assessments should coincide with the time of the regular meeting of the board, the board of directors will in addition to their regular duties be regarded as sitting as a board of correction as above provided. Assessments levied for maintenance and operation of the district as provided in section 43-701 may be reviewed by the board of correction upon the request of any person interested. Within five (5) days after the close of said session the secretary of the board shall have the corrected assessment book complete.

History:

[43-703) 1903, p. 150, sec. 25; reen. R.C., sec. 2409; am. 1911, ch. 71, sec. 5, p. 194; am. 1911, ch. 154, sec. 10, p. 461; reen. C.L., sec. 2409; C.S., sec. 4386; I.C.A., sec. 42-703; am. 1949, ch. 220, sec. 3, p. 463; am. 1967, ch. 397, sec. 3, p. 1179.]
Idaho Code § 43-2527 — Idaho Code / Title 43 / Chapter 25 / Section 43-2527
43-2527 CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.
Status: in_force

43-2527. Consolidated local improvement districts authorized. Solely for the purpose of issuing bonds, registered warrants or interim warrants, the board of any district may authorize the establishment of consolidated local improvement districts. The original local improvement districts so consolidated need not be contiguous. If the board orders the creation of such consolidated local improvement districts, the moneys received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond fund and interest fund to be used to pay the principal of and interest on the outstanding consolidated local improvement district bonds or warrants.

History:

[43-2527, added 1993, ch. 407, sec. 1, p. 1490.]
Idaho Code § 43-311 — Idaho Code / Title 43 / Chapter 3 / Section 43-311
43-311 DECREE GRANTING PETITION — VESTING OF POWERS AND AUTHORITY IN DISTRICT.
Status: in_force

43-311. Decree granting petition — Vesting of powers and authority in district. Upon the filing of the findings of fact at the final hearing of said petition, as set forth in the last preceding section, said judge, if he finds that the granting of said petition and the drainage of the lands in said irrigation district will be conducive either to the public health, welfare or convenience, or will increase the public revenue, or will be of special benefit to the majority of the acreage of the lands in said irrigation district, shall enter the decree of said court granting said petition. Thereupon a certified copy of same shall be filed in the office of the secretary of state: and from and after the date of said filing of said decree, said irrigation district shall be vested with all of such functions, powers and authority of a drainage district and its board of commissioners under the laws of this state relating to drainage districts. The function, powers and authority granted by this act shall be exercised by such irrigation district through its board of directors and so far as may be in the manner provided by the drainage district laws of this state.

History:

[(43-311) I.C.A., sec. 42-307c, as added by 1945, ch. 4, sec. 3, p. 5.]
Idaho Code § 43-730 — Idaho Code / Title 43 / Chapter 7 / Section 43-730
43-730 CONTRACTS WITH CITIES, IRRIGATION LATERAL DISTRICTS OR OTHER ENTITIES IN LIEU OF CHARGES, LEVIES AND ASSESSMENTS.
Status: in_force

43-730. Contracts with cities, irrigation lateral districts or other entities in lieu of charges, levies and assessments. The board of directors of an irrigation district shall have the power to enter into a contract in writing with any city, irrigation lateral district or other entity whose boundaries or service area is situated within the boundaries of any irrigation district where water has been purchased, or is being furnished, or shall be furnished, for lands, property or use within the boundaries or service area of such city, irrigation lateral district or other entity by an irrigation district, whereby such city, irrigation lateral district or other entity shall become obligated to pay charges, levies and assessments now provided to be made pursuant to chapter 7, title 43, sections 43-701 through 43-729, Idaho Code, and amendments thereto in lieu of the directors of the irrigation district making said charges, levies and assessments.

History:

[(43-730) I.C.A., sec. 42-729, as added by 1937, ch. 128, sec. 1, p. 193; am. 1993, ch. 259, sec. 1, p. 890; am. 1997, ch. 402, sec. 1, p. 1279; am. 2014, ch. 71, sec. 6, p. 180.]
Idaho Code § 43-337 — Idaho Code / Title 43 / Chapter 3 / Section 43-337
43-337 REQUIREMENTS OF ELECTION FOR LANDOWNERS.
Status: in_force

43-337. Requirements of election for landowners. The election under section 43-335, Idaho Code, not to receive water shall be made in writing and shall state:

(a) The name and address of the landowner;

(b) The legal description of the land as to which the election is made;

(c) The date of the notification from the district pursuant to which the election is made;

(d) That the owner elects not to receive water from the irrigation system of the district under the water right held for the land described in the notification of election;

(e) That this landowner's election not to receive water from the district shall remain in effect so long as the lease under section 43-335, Idaho Code, has not been terminated.

The written notification of election shall be signed by the landowner and shall be delivered to the district at its office. Signature by each surviving spouse shall be required for a valid election as to land which is community property.

History:

[43-337, added 1983, ch. 68, sec. 3, p. 152; am. 1997, ch. 401, sec. 2, p. 1277.]
Idaho Code § 43-1119 — Idaho Code / Title 43 / Chapter 11 / Section 43-1119
43-1119 EXCLUSION — LOSS OF WATER RIGHTS — OBLIGATIONS OUTSTANDING — EFFECT — ENFORCEMENT — PAYMENT — CERTIFICATE.
Status: in_force

43-1119. Exclusion — Loss of water rights — Obligations outstanding — Effect — Enforcement — Payment — Certificate. (1) Land excluded from any irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and, except as provided in subsection (b) of section 43-1102, Idaho Code, shall not thereafter be entitled to any of the benefits of the district. An exclusion of land from any irrigation district shall not impair the water rights or irrigation works and system of the district nor its rights in or to its property or its obligations.

(2) Land excluded from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the order or resolution excluding the land as fully as though the land had not been excluded.

(3) All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable.

(4) When any lot or parcel of land shall be excluded from an irrigation district and there shall be paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the lot or tract excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.

History:

[(43-1119) 1972, ch. 371, sec. 10, p. 1089; am. and redesignated, 1990, ch. 181, sec. 19, p. 394.]
Idaho Code § 43-2002 — Idaho Code / Title 43 / Chapter 20 / Section 43-2002
43-2002 APPLICATION FOR RELEASE OF FIRST MORTGAGE — CONTENTS.
Status: in_force

43-2002. Application for release of first mortgage — Contents. Application for release of first mortgages owned by the state of Idaho shall be filed with the director of the department of finance of the state of Idaho and shall be in such form and shall contain such information as the state board of land commissioners shall by rule provide. Every application shall contain the following information:

(a) The name of the irrigation or drainage district, its general location and its officers.

(b) The total acreage in the district.

(c) The total outstanding obligations of the district including the following:

(1) Bonds.

(2) Warrants.

(3) Interest on bond.

(4) Interest on warrants.

(5) Interest on bond coupons.

(6) Obligations outstanding for which warrants have not been issued.

(d) The assessment per acre for three (3) years prior to the date of the application itemized as follows:

(1) Current expense.

(2) Warrant redemption.

(3) Bond interest and sinking fund.

(e) The complete plan for refinancing and dissolution of the district.

(f) A description and the acreage of the property covered by the mortgage for which application for release is made, and a true and correct valuation thereof.

(g) The amount due on the mortgage sought to be released.

(h) The total amount and amount per acre required to retire the outstanding indebtedness of the district in which the land is situated.

(i) The term for which said prior lien shall extend, the annual rate of interest and the basis for retirement.

(j) Any other liens or encumbrances against said property and the amount of each.

(k) The name of the applicant, his residence or place of business (if a corporation, its officers and managing agent).

(l) Such other information as the board shall desire.

(m) Said application shall be verified by the oath of the applicant.

History:

[43-2002, added 1933, ch. 194, sec. 2, p. 385; am. 1969, ch. 466, sec. 7, p. 1326; am. 1974, ch. 24, sec. 90, p. 744.]
Idaho Code § 43-1107 — Idaho Code / Title 43 / Chapter 11 / Section 43-1107
43-1107 COSTS.
Status: in_force

43-1107. Costs. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except in cases where:

(1) The lands excluded are found to be too high or not susceptible of irrigation from the water system of the district without pumping by the landowner and the petitioner or previous owners of the land have paid the assessments of the district against that land; or

(2) The exclusion is requested pursuant to subsection (a)3. or (a)4. of section 43-1102, Idaho Code, and for the five (5) irrigation seasons preceding the filing of the petition: (a) there has been no pipe, ditch, or other delivery system between the land and the assigned delivery point on the district's irrigation system, and (b) the petitioner or previous owners of the land have paid the assessments of the district against that land. If the petitioner is required to pay the costs of exclusion hearing proceedings, the board may require a deposit of the estimated costs before the board will hear the petition and the sixty (60) day period in which the petition must be heard as provided in section 43-1104, Idaho Code, shall not begin to run until the estimated costs have been deposited; provided however, that, in case of a successful appeal by the petitioner, the costs taxed by the district to the petitioner or petitioners whose lands are excluded by the district court shall be borne by the irrigation district. If the actual costs of the exclusion proceedings are less than the amount deposited by the petitioner, the excess deposit shall be credited against any amounts that are to be paid by the petitioner prior to entry of the order of exclusion, and the balance, if any, shall be refunded to the petitioner within fourteen (14) days after the hearing; if the actual costs of the exclusion proceedings are more than the deposit, the difference shall be paid to the district by the petitioner within fourteen (14) days after receipt of a statement to that effect from the district, and the board shall not be required to enter an order of exclusion until the difference is paid.

History:

[43-1107, added 1905, p. 220, sec. 4; am. R.C., sec. 2437; am. 1911, ch. 46, sec. 4, part of subd. 2437, p. 102; reen. C.L., sec. 2436; C.S., sec. 4426; I.C.A., sec. 42-1105; am. and redesignated, 1990, ch. 181, sec. 7, p. 391; am. 2017, ch. 94, sec. 3, p. 243; am. 2026, ch. 111, sec. 2, p. 567.]
Idaho Code § 43-1003 — Idaho Code / Title 43 / Chapter 10 / Section 43-1003
43-1003 NOTICE OF PETITION.
Status: in_force

43-1003. Notice of petition. The secretary must cause a notice of the filing of such petition to be published three (3) weeks in the manner of notices of special elections. The notice shall state the filing of such petition, and the names of the petitioners, a description of the lands mentioned in the said petition, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this chapter.

History:

[(43-1003) 1903, p. 150, sec. 45; am. 1907, p. 484, sec. 1, subd. 45; reen. R.C. & C.L., sec. 2425; C.S., sec. 4413; I.C.A., sec. 42-1003; am. 1990, ch. 340, sec. 2, p. 924.]
Idaho Code § 43-2412 — Idaho Code / Title 43 / Chapter 24 / Section 43-2412
43-2412 SUBSEQUENT ANNEXATION.
Status: in_force

43-2412. Subsequent annexation. The making and filing of an order of domestic annexation shall not preclude the owners of any such lands from thereafter petitioning for annexation of such lands, or some part thereof, under the provisions of chapter 10, title 43. Any annexation of such lands made under the provisions of such chapter 10, title 43, shall supersede any prior domestic annexation of such lands.

History:

[43-2412, added 1979, ch. 178, sec. 1, p. 532.]
Idaho Code § 43-1606 — Idaho Code / Title 43 / Chapter 16 / Section 43-1606
43-1606 ELECTIONS.
Status: in_force

43-1606. Elections. All elections held under the provisions of this chapter shall be in accordance with the laws governing elections authorizing the issuing of bonds by an irrigation district.

History:

[(43-1606) 1917, ch. 40, sec. 6, p. 90; reen. C.L. 165:6; C.S., sec. 4452; I.C.A., sec. 42-1606.]
Idaho Code § 43-335 — Idaho Code / Title 43 / Chapter 3 / Section 43-335
43-335 LEASING OF WATER RIGHTS BY IRRIGATION DISTRICT WITHIN THE DISTRICT BY DISTRICT'S WHERE LANDOWNER CAN RECEIVE WATER THROUGH THE DISTRICT'S IRRIGATION SYSTEM.
Status: in_force

43-335. Leasing of water rights by irrigation district within the district by district's where landowner can receive water through the district's irrigation system. Any irrigation district which has within its boundaries residential, commercial or industrial lands, or any combination of those lands, and which holds water rights for those lands, shall have the right to lease, to any municipality, municipal provider, public utility, domestic water users organization which furnishes water service to those lands, or to any other entity for the distribution of water to those lands for uses other than culinary purposes, those water rights which are held for any residential, commercial or industrial lands for which the owner has elected not to receive his proportionate share of the irrigation district's water through the irrigation system of the district; provided, however, that no water right under which water is delivered through a community ditch shall be leased without the written consent of the ditch users who do not elect not to receive water from the district. For purposes of this chapter, the terms "municipality" and municipal provider" shall be defined as provided in section 42-202B, Idaho Code; "culinary purposes" shall mean the use of water for direct human consumption, cooking, sanitary purposes, and other such uses. Nothing in this chapter shall be construed as amending or affecting the laws of Idaho pertaining to the control and regulation of public utilities, municipal providers or water corporations.

History:

[43-335, added 1983, ch. 68, sec. 1, p. 151; am. 1997, ch. 401, sec. 1, p. 1277.]
Idaho Code § 43-1105 — Idaho Code / Title 43 / Chapter 11 / Section 43-1105
43-1105 SURVEY OF LAND TO BE EXCLUDED.
Status: in_force

43-1105. Survey of land to be excluded. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high to receive any benefit from the irrigation works of said district without pumping by the landowner, the cost of all surveys shall be borne by the irrigation district. The board may not, however, require a survey when the land sought to be excluded lies entirely within a subdivision as defined in section 50-1301, Idaho Code. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district.

History:

[(43-1105) 1905, p. 220, sec. 2; reen. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, first part of subd. sec. 2435, p. 102; reen. C.L., sec. 2435; C.S., sec. 4423; I.C.A., sec. 42-1102; am. 1971, ch. 254, sec. 1, p. 1028; am. 1972, ch. 325, sec. 4, p. 804; am. and redesignated, 1990, ch. 181, sec. 5, p. 390.]
Idaho Code § 43-1102 — Idaho Code / Title 43 / Chapter 11 / Section 43-1102
43-1102 GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES.
Status: in_force

43-1102. Grounds for exclusion, certain lands may remain in the district for drainage purposes. (a) The grounds and reasons for exclusion of lands from an irrigation district are listed as follows:

1. The lands are too high to be watered without pumping by the owners of the lands from water owned or controlled by the irrigation district;

2. The owners of the lands have installed a good and sufficient water system independent of the water system of such irrigation district for the irrigation of the lands because the district does not own a sufficient water right to furnish an adequate water supply for those lands;

3. The lands in their present condition are not agricultural lands and the irrigation district has not:

(i) Adopted a resolution to construct a distribution system for the lands pursuant to section 43-333, Idaho Code; or

(ii) Called an election on the question of constructing a distribution system for the lands under the provisions of section 43-329, Idaho Code; or

(iii) Independently or in cooperation with a city or county established a local improvement district to construct a distribution system for the lands; or

(iv) Constructed a distribution system for the lands; or

4. Prior to acquisition of the land by the petitioning owner, and without his knowledge or consent, the ditch or other transmission facility extending from the delivery point of the district to the lands has been rendered permanently incapable of carrying water to the lands, but this ground for exclusion shall only apply to parcels less than five (5) acres in size.

(b) If the lands sought to be excluded from an irrigation district under this section or under sections 43-1110 through 43-1117, Idaho Code, are benefited by surface drainage facilities of the irrigation district pursuant to sections 43-306 to 43-312, Idaho Code, but otherwise would qualify for exclusion, the lands shall be excluded for purposes of irrigation but shall remain a part of the district for purposes of drainage and shall continue to be assessable for drainage, but shall not be assessed for irrigation water.

History:

[(43-1102) I.C. sec. 43-1101A, as added by 1972, ch. 325, sec. 2, p. 804; am. 1978, ch. 312, sec. 2, p. 803; am. and redesignated, 1990, ch. 181, sec. 2, p. 388; am. 1993, ch. 262, sec. 1, p. 895.]
Idaho Code § 43-407 — Idaho Code / Title 43 / Chapter 4 / Section 43-407
43-407 CONFIRMATION OF PROCEEDINGS — NOTICE — RULES OF PROCEDURE.
Status: in_force

43-407. Confirmation of proceedings — Notice — Rules of procedure. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to give a notice of the filing of said petition. Such notice shall be given by publication in a newspaper published in the same county in three (3) successive issues if published in a daily newspaper, or by publication in one (1) issue if published in a weekly newspaper, the first of which publications shall be at least fifteen (15) days before the date fixed for said hearing. Additionally, the notice shall, not less than fifteen (15) days before the date fixed for said hearing, be mailed to each owner of such land, if known, or his agent if known, addressed to such person at his post-office address if known, or if unknown, to the post office serving the area wherein his land lies. The notice shall state the time and place fixed for the hearing of the petition, and the prayer of the petition, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted by answer must be taken as true, and every person or party failing to answer the petition shall be deemed to have admitted all the material allegations of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with this title are applicable to the special proceedings herein provided for. A motion for a new trial, and all proceedings in the nature of appeals or rehearing, may be had as in any ordinary suit at law.

History:

[(43-407) 1903, p. 150, sec. 17; am. 1907, p. 484, sec. 1, subd. 17; reen. R.C. & C.L., sec. 2402; C.S., sec. 4365; I.C.A., sec. 42-407; am. 1974, ch. 2, sec. 2, p. 14.]
Idaho Code § 43-1823 — Idaho Code / Title 43 / Chapter 18 / Section 43-1823
43-1823 ANNUAL MAINTENANCE ASSESSMENT.
Status: in_force

43-1823. Annual maintenance assessment. Each year thereafter, unless such resolution be revoked by a later resolution duly passed and published in like manner, the board of directors of such district shall at the regular meeting of such board on the first Tuesday in December levy and apportion the operation and maintenance assessments as hereinafter provided.

History:

[(43-1823) 1917, ch. 83, part of sec. 1, p. 296; reen. C.L. 167:23; C.S., sec. 4488; am. 1921, ch. 87, sec. 2, p. 164; I.C.A., sec. 42-1823.]
Idaho Code § 43-2203 — Idaho Code / Title 43 / Chapter 22 / Section 43-2203
43-2203 ELECTION FOR ISSUING BONDS — REFERENDUM PETITION.
Status: in_force

43-2203. Election for issuing bonds — Referendum petition. Whenever the board shall by resolution adopted by a four-fifths (4/5) 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 dam and 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 bonded or other 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 obligation or bonded or other indebtedness for the purposes set forth in said resolution to the vote of the qualified electors of the district as defined in section 34-104, Idaho Code, at an election to be held 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 percent (10%) of the electors of the district, based upon the aggregate vote cast at the general election of directors 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 obligation or bonded or other indebtedness be held and conducted under the provisions of this section. Any election required to be held pursuant to a referendum petition filed in accordance with this section for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness may be held separately, or may be consolidated or held concurrently with any other election authorized by law. 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 said bonds, as enumerated in section 43-2201(D)(1), (2), (3) and (4), Idaho Code. The separate election upon the assessments provided for in section 43-2201(D)(1), Idaho Code, shall be held at the same time as and shall be combined with any such election required to be held upon the issuance of the bonds 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, the manner of holding the same and the method of voting for or against the incurring of the indebtedness or issuance of the bonds. 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 special elections held hereunder. In the event any such election shall be called to be held concurrently with any other election or shall be consolidated therewith, the resolution calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom. The resolution calling the election shall prescribe an official notice of election, which notice shall be published once a week for two (2) consecutive weeks, the last publication of which shall be at least ten (10) days prior to the date set for said election, in a newspaper of general circulation printed and published within the district, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.

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 not earlier than five (5) 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, enter into such contracts or issue and sell such bonds of the district, 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 bonded 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:

[43-2203, added 1974, ch. 1, sec. 1, p. 3; am. 1975, ch. 48, sec. 1, p. 90; am. 2014, ch. 71, sec. 8, p. 181.]
Idaho Code § 43-2547 — Idaho Code / Title 43 / Chapter 25 / Section 43-2547
43-2547 BONDS, WARRANTS AND COUPONS, WHEN PAID OUT OF FUND — NONPAYMENT FOR WANT OF FUNDS — INTEREST.
Status: in_force

43-2547. Bonds, warrants and coupons, when paid out of fund — Nonpayment for want of funds — Interest. Whenever any district has established such local improvement guarantee fund, and any bond, warrant or coupon drawn against any local improvement fund is presented to the district for payment and there is not sufficient amount in said local improvement fund against which to draw to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrant drawn against the local improvement guarantee fund. Such warrants when presented to the treasurer for payment, if not paid, shall be registered and draw interest at a rate as may be fixed by the board. Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the local improvement guarantee fund herein provided, and the district shall not be liable to any holder or owner of such bond or warrant for any loss to the guarantee fund occurring in the lawful operation thereof by the district.

History:

[43-2547, added 1993, ch. 407, sec. 1, p. 1497.]
Idaho Code § 43-1129 — Idaho Code / Title 43 / Chapter 11 / Section 43-1129
43-1129 EFFECT OF ORDERS.
Status: in_force

43-1129. effect of orders. The order excluding the transferred lands from the excluding district shall have the same effect described in sections 43-1109 and 43-1119, Idaho Code. The order annexing the transferred lands to the annexing district shall have the same effect described in section 43-1009, Idaho Code.

History:

[43-1129, added 2012, ch. 122, sec. 8, p. 341.]
Idaho Code § 43-602 — Idaho Code / Title 43 / Chapter 6 / Section 43-602
43-602 ELECTION TO AUTHORIZE.
Status: in_force

43-602. Election to authorize. Whenever the board of directors shall deem it expedient to issue refunding bonds under the provisions of this chapter, they shall, by resolution duly adopted and made a part of the district records, call a special election of the qualified voters of the district, for the purpose of voting upon the question of authorizing the board of directors of the district to issue such refunding bonds, or the question may be submitted at a general election for district directors.

At any election held under the provisions of this chapter the question of authorizing the refunding of all or any part of the then outstanding bonded indebtedness of the district, including accrued and unpaid interest, may be submitted as one (1) question for determination whether such bonds are of the same or of different issues.

The notice of said election shall be published and posted for the same length of time and in the same manner, and the election shall be conducted and the result thereof determined and declared in all respects, as nearly as may be, in conformity with the provisions of the irrigation district laws of Idaho governing elections authorizing original bond issues. Said election notice shall specify the time and place for holding said election, the amount and date of the bonds to be refunded, the amount of refunding bonds proposed to be issued, the rate of interest they shall bear, and the time or times when the debt evidenced by such refunding bonds shall be paid: provided, that the said time or times shall not extend beyond a period of forty (40) years from the date of said refunding bonds: provided further, that provision may be made, if deemed expedient by the board of directors, for the payment of the principal, with interest, in suitable installments throughout the term of the loan evidenced by said refunding bonds.

At such election the ballots shall contain the words "Refunding bonds–yes" and the words "Refunding bonds–no," and the voter shall answer the question submitted by marking a cross (X) opposite the words expressing his choice.

History:

[(43-602) 1915, ch. 142, sec. 2, p. 299; reen. C.L., sec. 2406h; C.S., sec. 4376; I.C.A., sec. 42-602; am. 1935, ch. 92, sec. 1, p. 173; am. 1970, ch. 133, sec. 10, p. 309; am. 2014, ch. 71, sec. 5, p. 180.]
Idaho Code § 43-1708 — Idaho Code / Title 43 / Chapter 17 / Section 43-1708
43-1708 LIEN OF COST OF WORKS AND ASSESSMENTS.
Status: in_force

43-1708. Lien of cost of works and assessments. The apportionment of the cost of the irrigation works made by the board of directors of the irrigation district under section 43-404, and all assessments and taxes levied and assessed against said land by the district shall be a first and prior lien on said water right and land, said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and holder of said land, and said land shall be sold as other lands in the district are sold for like assessments, and a sale of the lands shall work an assignment of the contract to the purchaser.

History:

[(43-1708) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:8; C.S., sec. 4461; I.C.A., sec. 42-1708.]
Idaho Code § 43-1325 — Idaho Code / Title 43 / Chapter 13 / Section 43-1325
43-1325 JOINT OPERATION.
Status: in_force

43-1325. joint operation. Whenever the partitioned irrigation districts share irrigation works, canals and laterals after the partition takes effect, a joint board of control, not exceeding seven (7) members, shall be chosen by the board of directors of the respective partitioned irrigation districts, the members of which shall be apportioned to each district as nearly as practicable in accordance with the acreage for which water shall be provided in each respective district. Said board of control shall control, manage and operate such joint works subject to the board of directors of the respective districts and each member of the board of control shall hold office at the will of the board of directors of the district appointing such member.

History:

[43-1325, added 2013, ch. 332, sec. 13, p. 870.]
Idaho Code § 43-226 — Idaho Code / Title 43 / Chapter 2 / Section 43-226
43-226 DESTRUCTION OF INSUFFICIENT RECALL PETITION.
Status: in_force

43-226. Destruction of insufficient recall petition. If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the secretary of the irrigation district shall so notify the person filing the petition, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the secretary finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the secretary shall declare the petition null and void ab initio in its entirety.

History:

[43-226, added 1989, ch. 337, sec. 1, p. 854.]
Idaho Code § 43-806 — Idaho Code / Title 43 / Chapter 8 / Section 43-806
43-806 PURPOSE OF CHAPTER.
Status: in_force

43-806. Purpose of chapter. The purpose of the procedure herein provided is to permit an irrigation district to repossess a water right not paid for and to exclude the land from the benefits theretofore assessed on account of said water right.

History:

[(43-806) 1931, ch. 34, sec. 6, p. 67; I.C.A., sec. 42-806.]
Idaho Code § 43-112 — Idaho Code / Title 43 / Chapter 1 / Section 43-112
43-112 CONDUCT OF ELECTIONS.
Status: in_force

43-112. Conduct of elections. (1) Such election shall be conducted as nearly as practicable in accordance with the general laws of the state: provided, no particular form of ballot shall be required, and that the provisions of the election laws as to the form and distribution of ballots shall not apply.

Said board of county commissioners shall establish one (1) or more election precincts, not exceeding seven (7), as may be necessary, and define the boundaries thereof, which boundaries, when the district is divided into precincts, shall be the same as the division boundaries above-provided for and which said precincts may thereafter be changed by the board of directors of such district as may be necessary: provided, that districts containing more than ten thousand (10,000) acres shall have not less than three (3), nor more than seven (7) voting precincts.

Said board shall also appoint three (3) judges of election for each such election precinct, who shall perform the same duties as near as may be as judges of election, under the general laws of the state.

(2) When an irrigation district has duly adopted the voting system set forth in subsection (2) of section 43-111, Idaho Code, and a person seeks to vote at any district election, following completion of an electors oath as required by section 43-113, Idaho Code, one (1) of the judges of election shall deliver to the elector the number of ballots for the votes the elector is entitled to cast, as shown by the registrar's list of assessed lands within the district.

History:

[(43-112) 1903, p. 150, sec. 3; am. 1907, p. 484, sec. 1; R.C., sec. 2376; am. 1915, ch. 47, sec. 1, p. 134; reen. C.L., sec. 2376; C.S., sec. 4324; am. 1925, ch. 123, sec. 1, p. 169; I.C.A., sec. 42-112; am. 2006, ch. 200, sec. 2, p. 616.]
Idaho Code § 43-701G — Idaho Code / Title 43 / Chapter 7 / Section 43-701G
43-701G FLAT RATE ASSESSMENTS — ACCELERATED COLLECTION OF INDEBTEDNESS.
Status: in_force

43-701G. Flat rate assessments — Accelerated collection of indebtedness. In order to implement the flat rate assessments authorized in section 43-701B, Idaho Code, the board of directors, before any list of tracts is certified to the county officers as provided for in section 43-701C, Idaho Code, or before the list is used by the district for collection of flat rate assessments utilizing its own personnel and procedures, shall assess, against all tracts it has determined to assess at a flat rate as in this chapter provided, the entire unpaid balance of principal and any accrued interest on any contract or bonded indebtedness apportioned to each such tract. If any landowner shall object to such assessment, his tract of land shall not be included in the list certified to the county officers, and that tract shall be assessed by the district in the regular manner for all purposes, instead of under the flat rate procedure authorized in this chapter.

History:

[43-701G, added 1982, ch. 103, sec. 6, p. 284; am. 1988, ch. 137, sec. 7, p. 249.]
Idaho Code § 43-211 — Idaho Code / Title 43 / Chapter 2 / Section 43-211
43-211 DISPOSAL OF BALLOTS.
Status: in_force

43-211. Disposal of ballots. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in words and figures at full length. Each certificate shall be signed by all members of the board of election and by both clerks. One (1) of said certificates, with the poll list and tally paper to which it is attached, shall be retained by the chairman of the board of election, and preserved by him for at least six (6) months. The ballots shall be strung on a cord or thread by the said chairman, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots, together with the other of said certificates with the poll list and tally paper to which it is attached, shall be sealed by the said chairman in the presence of the other of said judges and clerks, and indorsed "Election returns of (naming precinct) precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by said chairman, or by other safe and responsible carrier designated by him, to said secretary, and the ballots shall be kept unopened for at least six (6) months, and if any person be of the opinion that the vote of any precinct has not been correctly counted he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the precinct that is claimed to have been incorrectly counted.

History:

[(43-211) 1903, p. 150, sec. 8; reen. R.C. & C.L., sec. 2382; C.S., sec. 4340; I.C.A., sec. 42-211.]
Idaho Code § 43-225 — Idaho Code / Title 43 / Chapter 2 / Section 43-225
43-225 RESPONSE TO PETITION CHARGES.
Status: in_force

43-225. Response to petition charges. When a date for a special election is set, the secretary of the irrigation district shall serve a notice of the date of the election to the director whose recall is demanded and the person demanding recall. Such notice may be made only in person or by certified mail, return receipt requested. After having been served a notice of the date of the election and the ballot synopsis, the director whose recall is demanded may submit to the secretary of the irrigation district a response, not to exceed two hundred (200) words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The secretary of the irrigation district shall promptly send a copy of the response to the person who filed the petition.

History:

[43-225, added 1989, ch. 337, sec. 1, p. 853.]
Idaho Code § 43-1815 — Idaho Code / Title 43 / Chapter 18 / Section 43-1815
43-1815 TREASURER'S ADDITIONAL OFFICIAL BOND.
Status: in_force

43-1815. Treasurer's additional official bond. In case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal reclamation project, the treasurer of the district shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and such further additional bond may be sued upon by the United States or any person injured by the failure of the said treasurer or of the district to fully, promptly and completely perform their respective duties.

History:

[(43-1815) R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; compiled and reen. C.L. 167:15; C.S., 4480; I.C.A., sec. 42-1815.]
Idaho Code § 43-2539 — Idaho Code / Title 43 / Chapter 25 / Section 43-2539
43-2539 FEES OF TREASURER.
Status: in_force

43-2539. Fees of treasurer. The treasurer shall receive the following fees, which, when paid, shall be credited to the general fund of the district: for issuing any delinquency certificate ten dollars ($10.00) to be included in the amount of the certificate; for making any deed ten dollars ($10.00), to be paid by the person to whom made; for giving notice to a mortgagee or lienholder five dollars ($5.00), to be paid by such person; for giving notice of expiration of period of redemption five dollars ($5.00). In all cases where the property is deeded to the district the fees shall be charged to the amount for which the deed is taken and shall be paid upon the sale of the property, or the sale of the delinquency certificate.

History:

[43-2539, added 1993, ch. 407, sec. 1, p. 1495.]
Idaho Code § 43-1311 — Idaho Code / Title 43 / Chapter 13 / Section 43-1311
43-1311 DISSOLUTION WITHOUT ELECTION — APPOINTMENT OF OFFICER TO MARSHAL ASSETS — DECREE.
Status: in_force

43-1311. Dissolution without election — Appointment of officer to marshal assets — Decree. In the exercise of the jurisdiction given it by this act, the court shall have the power to appoint such referee, master, auditor, or receiver as may be considered necessary or proper to marshal the assets, and protect or preserve them, or ascertain the true condition of such district; after due hearing and consideration of the evidence submitted, the court shall enter a decree establishing the legal and equitable rights, interests and priorities of all parties and claimants, and may decree and direct the sale of all or any part of the properties of the district, whether real, personal or mixed, and direct the disbursement and application of the proceeds and the payment of the costs of the proceeding, and may dissolve the district, or may approve and confirm any settlement or agreement of settlement made between the parties interested in such district, if a settlement is agreed upon by them, or may direct the payment of the indebtedness of the district in the order of priority determined and established by the decree, through assessments made as in case of the dissolution of villages, or may grant such other or further relief as may be equitable or proper in the premises.

History:

[(43-1311) C.S., sec. 4435-C, as added by 1929, ch. 102, sec. 1, p. 167; I.C.A., sec. 42-1311.]
Idaho Code § 43-412 — Idaho Code / Title 43 / Chapter 4 / Section 43-412
43-412 REDEMPTION OF BONDS.
Status: in_force

43-412. Redemption of bonds. Upon the presentation of the coupons due to the treasurer, he shall pay the same from the bond fund. Whenever, after ten (10) years from the issuance of said bonds, said fund shall amount to the sum of $10,000, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising for at least four (4) weeks in some newspaper published in the county, and in other newspapers which said board may deem advisable, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bids for said bonds must be accepted: provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer under the direction of the board, in United States bonds or the bonds or warrants of the state, or municipal or school bonds, which shall be kept in said bond fund and may be used to redeem said district bonds whenever the holders thereof may desire.

History:

[(43-412) 1903, p. 150, sec. 32; reen. R.C. & C.L., sec. 2406; C.S., sec. 4370; I.C.A., sec. 42-412.]
Idaho Code § 43-1907 — Idaho Code / Title 43 / Chapter 19 / Section 43-1907
43-1907 GRANT OF AUTHORITY.
Status: in_force

43-1907. Grant of authority. Any irrigation district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage the works in the most efficient manner consistent with sound economy and public advantage, to the end that the services of the works shall be furnished at the lowest possible cost. No irrigation district shall operate any works primarily as a source of revenue to the district, but shall operate all such works for the use and benefit of those served by the works and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the inhabitants of the irrigation district.

History:

[43-1907, added 1988, ch. 299, sec. 2, p. 945.]
Idaho Code § 43-1006 — Idaho Code / Title 43 / Chapter 10 / Section 43-1006
43-1006 ORDER ACCEPTING OR REJECTING PETITION.
Status: in_force

43-1006. Order accepting or rejecting petition. The board of directors, if they deem it not for the best interest of the district to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interest of the district, the board may order the lands mentioned in said petition or some part thereof be annexed to said district. The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary, and said order will not become effective until the ninety (90) day period for presentation of an election petition shall have expired without such petition being presented or until approval of the annexation at an election.

History:

[(43-1006) 1903, p. 150, sec. 48; am. 1907, p. 484, sec. 1, subd. 48; reen. R.C. & C.L., sec. 2428; C.S., sec. 4416; I.C.A., sec. 42-1006; am. 1990, ch. 340, sec. 4, p. 924.]
Idaho Code § 43-1403 — Idaho Code / Title 43 / Chapter 14 / Section 43-1403
43-1403 ELECTION TO DETERMINE QUESTION OF CONSOLIDATION.
Status: in_force

43-1403. Election to determine question of consolidation. At the time said report upon the matter is made, said board of county commissioners, if deemed advisable, shall make an order fixing the time for an election in the said districts to vote upon the question of such proposed consolidation, which time shall not be less than thirty (30) nor more than sixty (60) days after the date of said report. Notice of said election shall be published as required for notice of election in section 43-110; and the said boards of directors shall make all necessary arrangements for such election in their respective districts as provided in this title for other elections. The ballots shall be substantially as follows: "Consolidation–yes," "Consolidation–no." The said boards of directors shall canvass the returns of such election as provided in case of usual district elections, and shall immediately thereafter transmit, by messenger or registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the board of county commissioners. Within ten (10) days after such returns are received by said clerk, the said board of county commissioners shall meet and canvass the same.

History:

[(43-1403) 1903, p. 150, part of sec. 56; reen. R.C., sec. 2438; reen. C.L., sec. 2438b; C.S., sec. 4438; I.C.A., sec. 42-1403.]
Idaho Code § 43-1709 — Idaho Code / Title 43 / Chapter 17 / Section 43-1709
43-1709 EFFECT OF TAX DEED.
Status: in_force

43-1709. Effect of tax deed. A tax deed from the treasurer of the district shall be conclusive proof to the department of water resources that the assessments have been regularly and legally made on said land, and no irregularity with reference to any assessment can be raised after a deed has been issued by the district, except an error in the description of the land in said deed.

History:

[(43-1709) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:9; C.S., sec. 4462; I.C.A., sec. 42-1709.]
Idaho Code § 43-2301 — Idaho Code / Title 43 / Chapter 23 / Section 43-2301
43-2301 RECONSTRUCTION OF DAMS, CANALS AND OTHER IRRIGATION DISTRICT WORKS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES — EXECUTION OF CONTRACTS — REVENUES — TRUSTS.
Status: in_force

43-2301. Reconstruction of dams, canals and other irrigation district works and related appurtenances — Hydroelectric facilities — Execution of contracts — Revenues — Trusts. Any irrigation district organized and existing under the provisions of title 43, Idaho Code, in addition to any other powers which it might enjoy, for the purpose of preserving, restoring, protecting and maintaining 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, is hereby granted the following additional powers:

(a) To provide for or to reconstruct, rehabilitate, replace, modify or improve dams, canals and other irrigation district works, including the construction, enlargement and replacement of outlet and intake tunnels and structures, and other related structures and works together with all necessary appurtenances related thereto, whether located within or without the boundaries of the district and whether or not legal title thereto is owned by the district, including without limitation as a part thereof the reconstruction and relocation of all roads, bridges and highways made necessary by reason of such reconstruction, rehabilitation, replacement, modification or improvement, or the construction of hydroelectric generating facilities as authorized in subsection (b) of this section, and in connection therewith the acquisition of related facilities for flood control, public recreation, and fish and wildlife mitigation and enhancement purposes made necessary in order to comply with applicable state and federal requirements;

(b) To provide for or to construct hydroelectric generating facilities, properties and related structures in connection with and as a part of the reconstruction, rehabilitation, replacement, modification or improvement of a dam, a canal or other irrigation district works pursuant to subsection (a) of this section, together with all necessary equipment and appurtenances related thereto, used in or useful for the generation of electricity, including power plants, turbine generators, penstocks, transformers, electrical equipment and other facilities related to hydroelectric production plants;

(c) To enter into all necessary agreements, contracts and other legal arrangements with the United States and its agencies, other irrigation districts organized and existing under the provisions of title 43, Idaho Code, and other public and private persons, firms, corporations and associations, and irrigation districts similar to those existing under title 43, Idaho Code, but organized and existing under the laws of another state of the United States, in order to carry out or provide for the reconstruction, rehabilitation, replacement, modification or improvement of any such dam, canal or other irrigation district works and other related structures and works and appurtenances and the construction of any such hydroelectric generating facilities, the financing thereof pursuant to the provisions of this chapter, including provisions relating to the issuance of bonds or contracting indebtedness with a money-lending institution to pay the costs thereof by an irrigation district which is a party to a contract or agreement, the sale of surplus electric energy or the sale or use of rights to falling water in such manner as shall be necessary and desirable and in the best interests of the district, and the operation and maintenance of all or any part of such dam, canal or other irrigation district works so reconstructed, rehabilitated, replaced, modified and improved and of such hydroelectric generating facilities so constructed, which agreements or contracts may provide for the reconstruction, rehabilitation, replacement, modification or improvement of any such dam, canal or other irrigation district works and other related structures and works and appurtenances, the construction of hydroelectric generation facilities, the terms governing the disposition and sale of surplus electric energy or the sale or use of rights to falling water in relation to such dam, canal or other irrigation district works and generating facilities, which terms may include a provision requiring any purchaser of the surplus electric energy or falling water to purchase all the surplus energy generated or all the rights to or use of falling water associated with such dam, canal or other irrigation district works and hydroelectric generating facilities, the conditions under which the purchaser of the surplus electric energy or rights to use of falling water shall make payments to the district issuing the bonds, the rights and remedies of the parties thereto in the event of the failure of the purchaser of the surplus electric energy or rights to or use of falling water to make the required payments thereunder and the securing of all necessary permits and licenses required in connection therewith; the creation of a committee of representatives of the parties to the agreement or contract, which committee shall have such powers not inconsistent with the provisions of this chapter;

(d) To issue bonds of the district or to contract indebtedness with a money-lending institution in the manner provided in this chapter, or to consent to the issuance of such bonds or the contracting of indebtedness with a money-lending institution by another contracting irrigation district pursuant to the provisions of subsection (c) of this section, for the purpose of paying all or part of the cost of the reconstruction, rehabilitation, replacement, modification or improvement of any such dam, canal or other irrigation district works and other related structures and works and appurtenances and the construction of hydroelectric generating facilities as further described in subsections (a), (b) and (c) above, and for the purpose of paying all expenses preliminary and incidental thereto, including all engineering, fiscal and legal expenses and costs of issuance or contracting, printing, advertising, establishment of necessary reserves and payment of interest during construction;

(e) To provide that any bond issued and sold or any indebtedness contracted pursuant to the provisions of this chapter shall be payable out of a special fund into which the district issuing the bonds shall be obligated to deposit, as from time to time received, all or a designated portion of the proceeds from the sale of electric energy generated by hydroelectric generating facilities to be so constructed or from the sale or use of rights to falling water from the dam, canal or other irrigation district works to be so reconstructed, rehabilitated, replaced, modified or improved, all pursuant to contracts to be entered into as authorized in subsection (c) of this section; and

(f) In addition to the sources of payment for bonds or indebtedness set forth in subsection (e) of this section, the district may also:

(i) Pay such bonds or indebtedness from, or pledge for the payment of such bonds or indebtedness, any other assets, revenue or income of the district; or

(ii) Enter into agreements with financial, banking, insurance and other institutions for bond insurance, letters of credit, standby letters of credit, reimbursement agreements and remarketing, indexing and tender agent agreements to secure such bonds or indebtedness, including payment from any legally available source of fees, charges or other amounts coming due under such agreements entered into in connection with the issuance of the bonds or indebtedness.

(g) To enter into a trust indenture securing the bonds issued pursuant to the provisions hereof with a bank or trust company doing business either within or without the state of Idaho, and to assign the rights of the district to receive the payments provided for in subsection (e) of this section to such bank or trust company as trustee for and on behalf of the bondholders.

History:

[43-2301, added 1978, ch. 367, sec. 1, p. 959; am. 1979, ch. 294, sec. 1, p. 773; am. 1985, ch. 119, sec. 1, p. 288; am. 1993, ch. 212, sec. 1, p. 575.]
Idaho Code § 43-1503 — Idaho Code / Title 43 / Chapter 15 / Section 43-1503
43-1503 OTHER LAWS UNAFFECTED.
Status: in_force

43-1503. Other laws unaffected. None of the provisions of this title shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of irrigation or water distribution. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal or ditch from its channel, to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the water therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public uses.

History:

[(43-1503) 1903, p. 150, sec. 43; am. R.C. & C.L., sec. 2442; C.S., sec. 4445; I.C.A., sec. 42-1503.]
Idaho Code § 43-119 — Idaho Code / Title 43 / Chapter 1 / Section 43-119
43-119 RIGHTS AND PRIVILEGES OF CORPORATIONS — LIMITED LIABILITY COMPANIES — PARTNERSHIPS — TRUSTS.
Status: in_force

43-119. Rights and privileges of corporations — limited liability companies — partnerships — trusts. A corporation, the stock of which is owned entirely by natural persons related by blood or affinity, a limited liability company, in which all the members are natural persons related by blood or affinity, a partnership, in which all the partners are natural persons related by blood or affinity, and a trust, in which all of the beneficiaries are natural persons related by blood or affinity, shall have the same rights and privileges in the conduct of irrigation district business as do natural persons, including, but not limited to, voting in elections and signing petitions. A corporation shall vote or otherwise act through its majority shareholder; a limited liability company shall vote or otherwise act, if member-managed, through its member and, if manager-managed, through its manager; a partnership shall vote or otherwise act through its majority partner; a trust shall vote or otherwise act through its trustee. For voting purposes the residence of such person shall establish the residence of the corporation, limited liability company, partnership or trust. If there is no single majority stockholder, no single majority member, no single manager, no single majority partner or no single trustee, then the corporation, limited liability company, partnership or trust must furnish the irrigation district a written designation stating the name of the stockholder, manager or member, partner or trustee who is authorized to vote and otherwise act for the corporation, limited liability company, partnership or trust, respectively. If the majority or designated stockholder, manager or member, partner or trustee is married, his or her spouse shall have the same rights and privileges in the conduct of irrigation district business as do the spouses of individual land owners in the district. A person, or the spouse of a person, voting for a corporation, limited liability company, partnership or trust shall not be entitled to vote again as an individual.

History:

[43-119, added 1983, ch. 49, sec. 1, p. 120; am. 2010, ch. 142, sec. 1, p. 299; am. 2013, ch. 333, sec. 1, p. 870.]
Idaho Code § 43-701I — Idaho Code / Title 43 / Chapter 7 / Section 43-701I
43-701I RECHARGE PROJECTS — LEVY FOR PRELIMINARY STUDY COSTS — PURCHASE OR LEASE OF WATER.
Status: in_force

43-701I. Recharge projects — Levy for preliminary study costs — Purchase or lease of water. If a ground water recharge project within all or part of the district is or may be deemed necessary by the board of directors of an irrigation district and a bond issue or other method of financing the project will be required, the board of directors may levy an assessment pursuant to section 43-701, Idaho Code, proportionate to the benefits received by the various tracts of land within all or part of the district, in an amount sufficient to obtain data, surveys, examinations, plans and professional services necessary to determine the cost or feasibility of the project, to purchase or lease water necessary for the project under such terms as are in compliance with section 42-222, Idaho Code, or to obtain authorization for the project. The board of directors may contract with any state or federal agency as well as any individual, firm, partnership, association, corporation or other recognized legal entity in order to obtain the data, surveys, examinations, plans or professional services that are required pursuant to this section.

History:

[43-701I, added 1988, ch. 163, sec. 1, p. 294.]
Idaho Code § 43-1806 — Idaho Code / Title 43 / Chapter 18 / Section 43-1806
43-1806 VARIOUS CONTRACTUAL OPTIONS — RATIFICATION BY ELECTORS.
Status: in_force

43-1806. Various contractual options — Ratification by electors. In case the district has its works partially completed and bonds authorized and outstanding, the proceeds of which have been used for the construction of said works, the said district may enter into a contract with the United States for the completion of the works of the district, and shall have power to transfer title to the works already completed, or any portion thereof, to the government, and shall have power to redeem its outstanding bonds on any such terms as may be agreed upon, with funds advanced by the United States, and contract with the United States to repay any such funds, as well as additional cost of construction for the completion of the works, on such terms as may be agreed upon by contract between the district and the United States: provided, that no contract with the United States embodying any of the provisions herein contained shall be binding unless ratified by two-thirds (2/3) of the voters voting at an election to be held for that purpose in the manner provided for the ratification of a bond issue: except, that the board of directors of an irrigation district, on behalf of the district, may make a temporary contract with the United States for a period of not to exceed one (1) year for the purpose of securing a water supply for the district out of the reservoirs or other irrigation works of the United States during said period, or a portion thereof, or providing for the distribution and delivery thereof and may provide for the payment therefor and pay for the same by means of a toll charge or by means of an assessment as a part of the annual operation and maintenance cost of the district.

History:

[(43-1806) 1903, p. 150, sec. 15f, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2398; am. 1915, ch. 143, sec. 1, p. 304; reen. C.L. 167:6; C.S., sec. 4471; I.C.A., sec. 42-1806.]
Idaho Code § 43-729 — Idaho Code / Title 43 / Chapter 7 / Section 43-729
43-729 COLLECTION BY COUNTY OFFICERS — REVERSION TO PLAN OF COLLECTION BY DISTRICT TREASURER.
Status: in_force

43-729. Collection by county officers — Reversion to plan of collection by district treasurer. Any district having made provision for such collection of district taxes by the county officers, and desiring to revert to the plan of collection of district taxes by the district treasurer, may do so by adopting a resolution revoking such former resolution providing for collection by the county officers and furnishing copy thereof to the county auditors of each county in which any part of the district lands are located, except that in the case of any district which may have entered into contract with any of the purchasers of its bonds or obligations, or their representatives, or with the United States, providing for collection by the county officers, or have caused to be printed or indorsed upon any of its bonds a statement that the collection of the funds for the payment of the principal or interest thereof, will be made by the county officers, then such resolution providing for collection by the county officers shall be irrevocable until such obligations of the district have been paid.

History:

[(43-729) 1923, ch. 178, part of 2d par. of sec. 1, p. 276; I.C.A., sec. 42-728.]
Idaho Code § 43-1601 — Idaho Code / Title 43 / Chapter 16 / Section 43-1601
43-1601 POWER TO PURCHASE.
Status: in_force

43-1601. Power to purchase. Any irrigation district organized or hereafter organized under the laws of the state of Idaho is hereby authorized and empowered to purchase state lands within the boundaries of such irrigation district from the state at the state sale of said lands and may sell and dispose of the lands so purchased at a price and upon terms to be determined by the board of directors of such district. Any irrigation district, as a purchaser of any state lands within the boundaries of such district, shall be entitled to the same rights as a private purchaser and a title so acquired by the district may be conveyed by deed executed and acknowledged by the president and secretary of the board of directors: provided, that authority to so convey must be conferred by resolution of the board entered on its minutes: provided further, that in the sale by the state of state lands within an irrigation district under this chapter the lands shall be offered in tracts or parcels of not more than six hundred forty (640) acres.

History:

[(43-1601) 1917, ch. 40, sec. 1, p. 90; reen. C.L. 165:1; C.S., sec. 4447; I.C.A., sec. 42-1601; am. 1937, ch. 39, sec. 2, p. 49.]
Idaho Code § 43-330E — Idaho Code / Title 43 / Chapter 3 / Section 43-330E
43-330E DISTRICT TO OWN DISTRIBUTION SYSTEM.
Status: in_force

43-330E. District to own distribution system. Any pressurized distribution system constructed under the authority of section 43-330A, Idaho Code, shall be the property of, and shall be owned by, the district.

History:

[43-330E, added 1993, ch. 261, sec. 1, p. 894.]
Idaho Code § 43-2201 — Idaho Code / Title 43 / Chapter 22 / Section 43-2201
43-2201 RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — EXECUTION OF CONTRACTS — ASSESSMENTS — TERMS AND CONDITIONS.
Status: in_force

43-2201. Reconstruction of dams and related appurtenances — Execution of contracts — Assessments — Terms and conditions. Any irrigation district organized and existing under the provisions of title 43, Idaho Code, in addition to any other powers which it might enjoy, for the purpose of preserving, restoring, protecting and maintaining 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, is hereby granted the following additional powers:

(A) To reconstruct, rehabilitate, replace and improve dams and other related structures and works together with all necessary appurtenances related thereto, whether located within or without the boundaries of the district and whether or not legal title thereto is owned by the district, including without limitation as a part thereof the reconstruction and relocation of all roads, bridges and highways made necessary by reason of such reconstruction, rehabilitation, replacement and improvement, the construction of penstocks and other facilities related to hydroelectric production plant and made necessary pursuant to falling water contracts entered into pursuant to the provisions of paragraph (4) of subsection (D) hereof, and related facilities for flood control, public recreation and fish and wildlife mitigation and enhancement purposes made necessary in order to comply with applicable state and federal requirements;

(B) To enter into all necessary agreements, contracts and other legal arrangements with the United States of America and its agencies and departments, the state of Idaho and its agencies, departments and political subdivisions, and public and private persons, firms, corporations and associations in order to carry out the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances and the financing thereof pursuant to the provisions of this chapter;

(C) To issue bonds of the district in the manner provided in this chapter for the purpose of paying all or part of the cost of the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances as further described in subsections (A) and (B) above, and for the purpose of paying all expenses preliminary and incidental thereto, including all engineering, fiscal and legal expenses and costs of issuance, printing, advertising, establishment of necessary reserves and payment of interest during construction;

(D) To provide that any bonds issued and sold pursuant to the provisions of this chapter shall be payable solely out of a special fund into which the district shall be obligated to deposit as from time to time received the following:

(1) The proceeds of the collection of assessments to be levied by the irrigation district issuing the bonds, pursuant to the provisions of section 43-404, Idaho Code, representing the amount of benefits to accrue to each tract or subdivision in such district based upon the cost allocation to such district pursuant to subsection (E) hereof, from the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances, in the proportion that the right to the storage, diversion and delivery of water appurtenant to each such tract or subdivision bears to the total right to the storage, diversion and delivery of water appurtenant to such dam and other related structures and works and appurtenances, but only when there shall have been held in such irrigation district an election on the right of the district to impose such assessments and which assessments shall have been approved at said election, and which election shall have been called, held and conducted in the manner now or hereafter provided in chapter 4, title 43, Idaho Code, the authority for the calling and holding of said election and the levying of such assessments being hereby given.

(2) Payments, pursuant to contracts entered into by such district with other irrigation districts, constituting the proceeds of the collection of assessments to be levied by such other districts, pursuant to the provisions of section 43-404, Idaho Code, representing the amount of benefits to accrue to each tract or subdivision in each such district based upon the cost allocation to each such district pursuant to subsection (E) hereof, from the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances, in the proportion that the right to the storage, diversion and delivery of water appurtenant to each such tract or subdivision bears to the total right to the storage, diversion and delivery of water appurtenant to such dam and other related structures and works and appurtenances, but only when there shall have been held in each such irrigation district contracting with the irrigation district issuing such bonds, an election on the right of the district to impose such assessments and to enter into an obligation or contract with the irrigation district issuing the bonds for such purpose, and which assessments and which obligation or contract shall have been approved at said election, and which election shall have been called, held and conducted in the manner now or hereafter provided in chapter 4, title 43, Idaho Code, the authority for the calling and holding of said election and the levying of such assessments and the entering into of such obligation or contract with such irrigation district being hereby given; and

(3) Payments pursuant to contracts with other public or private persons, firms, corporations and associations representing the portion of the cost of reconstructing, rehabilitating, replacing and improving any such dam and other related structures and works and appurtenances and allocated to each such public or private person, firm, corporation or association pursuant to subsection (E) hereof, in the proportion that the right to the storage, diversion and delivery of water appurtenant to each tract or subdivision represented by the contracting public or private person, firm, corporation or association bears to the total right to the storage, diversion and delivery of water appurtenant to such dam and other related structures and works and appurtenances;

(4) When so authorized by act of congress, the proceeds from the sale or use of falling water appurtenant to the dam and other related structures and works and appurtenances to be so reconstructed, rehabilitated, replaced and improved with the proceeds of bonds of the district, pursuant to falling water contracts for power generation to be entered into by the irrigation district issuing the bonds with a public or private person, firm, corporation or association, and which falling water contracts may contain such provisions as contemplated in the act of congress providing for the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances, the coordination of the construction of hydroelectric power facilities, the conditions under which the contracting party shall make payments to the district issuing the bonds, the rights and remedies of the parties thereto in the event of the failure of the contracting party to make the required payments thereunder and the securing of all necessary permits and licenses required in connection therewith;

(E) To make a determination of the proportion of the cost of the reconstruction, rehabilitation, replacement and improvement of any such dam and other related structures and works and appurtenances which will be repaid pursuant to such falling water contracts entered into pursuant to the provisions of paragraph (4) of subsection (D) hereof, and to determine that only the balance of the cost shall be repaid from the proceeds of assessments and contracts pursuant to the provisions of paragraphs (1), (2) and (3) of subsection (D) hereof and to allocate the balance of the cost so determined in the proportion that the various rights to the storage, diversion and delivery of water bear to the total rights to the storage, diversion and delivery of water appurtenant to such dam and other related structures and works and appurtenances, and in the event that any public or private person, firm, corporation or association shall fail to execute a contract or to levy assessments as contemplated in paragraphs (2) and (3) of subsection (D) hereof, to reallocate the balance of the original cost as in this subsection determined, provided, however, that if the result of any such reallocation increases the obligation of any irrigation district under any contract or increases any assessment, any such increase must be approved in the same manner as hereinabove required for the approval of the original contract or assessment, or both; and

(F) To enter into a trust indenture securing the bonds issued pursuant to the provisions hereof with a bank or trust company doing business either within or without the state of Idaho, and to assign the rights of the district to receive the payments provided for in paragraphs (1), (2), (3) and (4) subsection (D) hereof to such bank or trust company as trustee for and on behalf of the bondholders.

History:

[43-2201, as added by 1974, ch. 1, sec. 1, p. 3.]
Idaho Code § 43-1605 — Idaho Code / Title 43 / Chapter 16 / Section 43-1605
43-1605 CONTRACTS PLEDGED FOR CONSTRUCTION WORK.
Status: in_force

43-1605. Contracts pledged for construction work. The board of directors of any irrigation district, after a sale and disposal of any lands purchased under this chapter, having contracts or evidence of lien on the lands so sold for the purchase price or any part thereof may use such contracts or evidence of lien and pledge the same to the United States or any contractor for the construction of any works necessary for the operation of the irrigation works of such district. And the board of directors of any irrigation district having such contracts or evidence of lien, may borrow money to be used for the construction of any irrigation or drainage works necessary for the use of said district, and may pledge such contracts or evidence of lien as security for such loan: provided, that no such loan shall exceed the face value exclusive of interest of the contracts or evidences of lien so pledged: and provided further, that any money so borrowed shall be placed in a special fund and used only for the construction of such works.

History:

[(43-1605) 1917, ch. 40, sec. 5, p. 90; reen. C.L. 165:5; C.S., sec. 4451; am. 1929, ch. 59, sec. 1, p. 85; I.C.A., sec. 42-1605.]
Idaho Code § 43-2504 — Idaho Code / Title 43 / Chapter 25 / Section 43-2504
43-2504 INITIATION OF ORGANIZATION OF LOCAL IMPROVEMENT DISTRICT.
Status: in_force

43-2504. Initiation of organization of local improvement district. The organization of any local improvement district herein provided for may be initiated upon a petition signed by not less than sixty percent (60%) of the owners of property subject to assessment within such local improvement district, or by resolution of the board adopted by an affirmative vote of a majority of the members of the full board at a regular or special meeting thereof. The terms of a petition shall include a description of the boundaries of a proposed local improvement district, the improvements to be made and the property to be assessed.

The board may, in its discretion, authorize a preliminary study to determine the feasibility and costs and expenses of a proposed local improvement district and pay for such study out of the general fund of the district. In the event the local improvement district is formed, the cost of the study may be included in the cost of the local improvement district and added to the assessment roll. In the event the local improvement district is not formed, for any reason, the board may authorize the cost of the study to be added to the general assessment rolls of the district as to the property within the proposed local improvement district.

In the alternative, the board may, in its discretion, as a condition of the board proceeding further with the formation of the local improvement district, require the petitioners to provide to the district a deposit in an amount determined in the board's discretion to pay for a preliminary study of the proposed local improvement district to determine the feasibility and costs and expenses of the project.

The petition shall include an acknowledgment by the petitioners that the district may require the petitioners to provide to the district a deposit in an amount determined in the board's discretion to pay for a preliminary study or that the board may, in its discretion, authorize the cost of the study to be paid out of the general fund of the district, with the cost of the study to be included in the cost of the local improvement district and added to the assessment roll if one is formed or to be added to the general assessment rolls of the district as to the property within the proposed local improvement district if the local improvement district is not formed.

History:

[43-2504, added 1993, ch. 407, sec. 1, p. 1477; am. 2008, ch. 301, sec. 1, p. 838.]
Idaho Code § 43-322 — Idaho Code / Title 43 / Chapter 3 / Section 43-322
43-322 POWER TO INCUR DEBTS — WARRANTS.
Status: in_force

43-322. Power to incur debts — Warrants. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this section; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void: provided, that for the purpose of organization, or for any of the purposes of this title, the board of directors may, before the collection of the first assessment, incur indebtedness and cause warrants of the district to issue therefor according to the following limitations: Districts embracing fifty thousand (50,000) acres, or more, of irrigable land, not in excess of fifteen thousand dollars ($15,000) of warrants; districts embracing forty thousand (40,000) acres, or more, and less than fifty thousand (50,000) acres of irrigable land, up to twelve thousand dollars ($12,000) of warrants; districts embracing thirty thousand (30,000) acres, or more, and less than forty thousand (40,000) acres of irrigable land, up to nine thousand dollars ($9,000) of warrants; districts embracing twenty thousand (20,000) acres, or more, and less than thirty thousand (30,000) acres of irrigable land, up to six thousand dollars ($6,000) of warrants; districts embracing ten thousand (10,000) acres, or more, and less than twenty thousand (20,000) acres of irrigable land, up to four thousand dollars ($4,000) of warrants; districts embracing more than two thousand (2,000) acres, or more, and less than ten thousand (10,000) acres of irrigable land up to three thousand dollars ($3,000) of warrants, and districts embracing less than two thousand (2,000) acres of irrigable land up to two thousand dollars ($2,000) of warrants.

Provided, further, that for the purpose of defraying the expenses in the care, operation, repair and improvement of such portion of the irrigation works of the district as are completed and in use, including salaries of officers and employees, the board of directors of an irrigation district may at any time issue warrants of such district in payment of claims of indebtedness against the district, not to exceed the district's anticipated revenue.

The warrants herein authorized shall be in form and substance the same as county warrants or as near the same as may be practicable and shall be signed by the chairman and attested by the secretary of said board. All such warrants shall be presented by the holder thereof to the treasurer of the district for payment who shall indorse thereon the day of presentation for payment with the additional indorsement thereon, in case of nonpayment, that they are not paid for want of funds, and such warrants shall draw interest at a rate to be established by the board of directors from the date of their presentation to the treasurer for payment as aforesaid until such warrants are paid. No warrants shall be issued in payment of any indebtedness of such district for less than face or par value. It shall be the duty of the treasurer from time to time when he has sufficient funds in his hands for that purpose to advertise in some newspaper in the county in which the district is situated requiring the presentation to him for payment of as many of the outstanding warrants as he may be able to pay. Ten (10) days after the first publication of said notice by the treasurer calling in any of said outstanding warrants, said warrants shall cease to bear interest, which shall be stated in the notice. Said notice shall be published two (2) weeks consecutively and said warrants shall be called in and paid in the order of their indorsement.

Provided, further, after an irrigation district has organized and has no warrants outstanding, the district may maintain its operation on a cash basis and pay by check the expenses of operation and maintenance, repair, improvement, obligations on contractual or bonded indebtedness, and all other general necessary expenses incurred by the district.

The board of directors, or other officers of the district, may incur debt by contracting indebtedness with a money-lending institution, subject to the election requirements contained in section 43-401, Idaho Code, or as described in section 42-322A, Idaho Code, but the term of such indebtedness shall not exceed thirty (30) years.

History:

[(43-322) 1903, p. 150, sec. 41; reen. R.C. & C.L., sec. 2392; C.S., sec. 4355; am. 1923, ch. 61, sec. 1, p. 69; am. 1925, ch. 134, sec. 1, p. 236; I.C.A., sec. 42-317; am. 1967, ch. 211, sec. 1, p. 641; am. 1976, ch. 251, sec. 2, p. 859; am. 1980, ch. 61, sec. 9, p. 122; am. 2015, ch. 107, sec. 1, p. 269.]
Idaho Code § 43-326 — Idaho Code / Title 43 / Chapter 3 / Section 43-326
43-326 POWER TO MAINTAIN PARKS.
Status: in_force

43-326. Power to maintain parks. The board of directors of any irrigation district shall have the power to maintain public parks and recreation grounds for the benefit of the people of the district and may set aside for this purpose, land belonging to the district, including land acquired by the district from sale for delinquent water assessments. The district shall have the power to purchase land, or to acquire land by lease, within the district for public parks and recreation ground. In the maintenance of said grounds, the board of directors may construct buildings and provide facilities for recreation purposes and may receive gifts and donations of either real or personal property for the purposes hereinbefore enumerated.

History:

[(43-326) I.C.A., sec. 42-322, as added by 1935, ch. 11, sec. 1, p. 26; am. 1959, ch. 7, sec. 1, p. 21.]
Idaho Code § 43-1812 — Idaho Code / Title 43 / Chapter 18 / Section 43-1812
43-1812 DISTRICT MAY ACT AS FISCAL AGENT OF GOVERNMENT.
Status: in_force

43-1812. District may act as fiscal agent of government. The board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collection of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and to assume the duties and liabilities incident to such action. But the amounts due the United States for construction shall be carried in separate accounts from the other assessments levied by the said district.

History:

[(43-1812) R.C., secs. 2386, 2398, as added by 1915, ch. 143, secs. 1, 4, p. 304; compiled and reen. C.L. 167:12; C.S., sec. 4477; I.C.A., sec. 42-1812.]
Idaho Code § 43-1323 — Idaho Code / Title 43 / Chapter 13 / Section 43-1323
43-1323 EFFECTIVE DATE OF PARTITION — CHALLENGES TO PARTITION.
Status: in_force

43-1323. effective date of partition — challenges to partition. The effective date of the partition of the existing district into two (2) districts shall be as of the date of the order of the board of county commissioners. Following the effective date of the partition order by the board, the newly partitioned irrigation district shall immediately undertake to reorganize, elect officers as set forth in section 43-301, Idaho Code, and exercise all powers and duties of an irrigation district. Any appeal from, or judicial challenge to, the order of the board partitioning the irrigation district must be brought in the county where the board sits within ninety (90) days from the effective date of the order or be forever barred.

History:

[43-1323, added 2013, ch. 332, sec. 11, p. 869.]
Idaho Code § 43-706 — Idaho Code / Title 43 / Chapter 7 / Section 43-706
43-706 LIEN OF ASSESSMENT.
Status: in_force

43-706. Lien of assessment. (1) All assessments shall be liens against the property assessed from and after the first Monday in March of any year.

(2) Assessment liens shall be a first lien on the property assessed and shall be superior to the lien of any mortgage or deed of trust, whether prior in time or not.

(3) The lien for the bonds of any series shall be a preferred lien to that of any subsequent series, except as otherwise provided in this title.

(4) The lien shall not be removed until the assessments are paid, the property is sold for the payment thereof, or the assessments are canceled pursuant to section 43-716 or 43-1508, Idaho Code. Any mortgage or other lien on such assessed property shall, in all cases, be subject to the assessment lien provided in this section. Upon any sale of the property, the purchaser at such sale shall take the property subject to any annual assessment of the district that remains unpaid at the time of the sale.

History:

[(43-706), added 1903, p. 150, sec. 27; reen. R.C., sec. 2411; am. 1911, ch. 71, sec. 6, p. 194; am. 1911, ch. 154, sec. 11, p. 461; am. 1915, ch. 143, sec. 9, p. 304; reen. C.L., sec. 2411; C.S., sec. 4388; I.C.A., sec. 42-706; am. 2025, ch. 148, sec. 1, p. 731.]
Idaho Code § 43-610 — Idaho Code / Title 43 / Chapter 6 / Section 43-610
43-610 REFUNDING BONDS — ISSUANCE UPON RESOLUTION OF BOARD.
Status: in_force

43-610. Refunding bonds — Issuance upon resolution of board. Whenever the board of directors of an irrigation district deems it for the best interests of the district to issue refunding bonds under this chapter without holding an election, a resolution may be adopted by the unanimous vote of the board of directors and made a part of the records of said district, dispensing with the calling and holding of an election as provided by this chapter. Such resolution shall specify the amount, date and maturities and amount of interest due on the bonds to be refunded, the amount and date of the refunding bonds proposed to be issued, whether the same will comprise one or more issues, the denomination or denominations thereof, the rate of interest they shall bear, which shall not exceed the rate of interest provided for in the bonds to be refunded, the place or places within or without the state of Idaho for payment of both principal and interest thereon, and the time or times when the debt evidenced by such refunding bonds shall be paid and such resolution shall prescribe the form of said refunding bonds; provided, that the said time or times of payment shall not extend beyond a date forty (40) years from the date of such issue of such refunding bonds; and provided further, that provisions shall be made by the board of directors for the payment of the principal of such refunding bonds in suitable annual or semi-annual installments commencing such number of years after the date of the bonds as the board of directors may deem best suited to the needs of the district, with semi-annual interest payments throughout the term such bonds shall run, conforming as nearly as may be practicable to the amortization plan, so called, so that the combined payments of principal and interest shall be approximately the same each year in which any of the refunding bonds authorized by said resolution mature. All of the provisions of this chapter, except as herein otherwise specifically provided, shall apply to refunding bonds issued under the provisions of this section.

History:

[(43-610) C.S., sec. 4383A, as added by 1927, ch. 35, sec. 1, p. 47; I.C.A., sec. 42-610; am. 1935, ch. 39, sec. 1, p. 67.]
Idaho Code § 43-902 — Idaho Code / Title 43 / Chapter 9 / Section 43-902
43-902 CONSTRUCTION WORK — ADDITIONAL ITEMS.
Status: in_force

43-902. Construction work — Additional items. The term construction work as herein used, shall be deemed to include the erection of pump houses and electrical and other pumps or appliances for raising water onto the lands, as well as dams, headgates, ditches, laterals and other irrigation works. There may be included in any contract for construction, maintenance, interest and power charges for such period as the directors and the contractor may agree, not to exceed three (3) years, and when so included, interest, electrical, or other power and maintenance charges for the term agreed upon may be paid in bonds of the district to the amount agreed upon.

History:

[(43-902) Last part of R.C., sec. 2404a, as added by 1913, ch. 169, sec. 1, p. 541; reen. C.L., sec. 2416a; C.S., sec. 4404; I.C.A., sec. 42-902.]
Idaho Code § 43-2550 — Idaho Code / Title 43 / Chapter 25 / Section 43-2550
43-2550 REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY.
Status: in_force

43-2550. Replenishment of fund — Warrants — Issuance against fund — Tax levy. Whenever there is not a sufficient amount of cash in said local improvement guarantee fund, at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the board may replenish said local improvement guarantee fund by transferring or appropriating to it, moneys from the general fund of the district or other available sources, as may be determined by said board, subject however, to the limitations herein prescribed. Warrants drawing interest, as herein provided, may be issued against said local improvement guarantee fund to meet any financial liability against it; but at the time of making its next annual levy upon lots or lands in the local improvement district, the district shall provide for the levy of a sum sufficient with other resources of the guarantee fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed one (1) mill, based on the market value fixed by the county assessor in any one (1) year.

History:

[43-2550, added 1993, ch. 407, sec. 1, p. 1498.]
Idaho Code § 43-1701 — Idaho Code / Title 43 / Chapter 17 / Section 43-1701
43-1701 IRRIGATION DISTRICTS MAY SUBMIT RECLAMATION PROPOSALS UNDER CAREY ACT.
Status: in_force

43-1701. Irrigation districts may submit reclamation proposals under Carey Act. In case there are within the boundaries of an irrigation district organized under the laws of this state lands which are in a condition to be selected under the Carey Act laws of the United States of America, the board of directors of an irrigation district may, and it is hereby authorized and empowered to file with the department of water resources a request for the selection, on behalf of the state, by the department, of the lands to be reclaimed, designating said lands by legal subdivisions.

This request shall be accompanied by a proposal to construct the ditch, canal or other irrigation works necessary for the complete reclamation of the lands asked to be selected and the lands within the district. The proposal shall be prepared in accordance with the rules of the department of water resources of the state of Idaho and with the regulations of the department of the interior, and shall be accompanied by a certificate that application for permit to appropriate water has been filed, together with the department's report thereon. It shall state the source of the water supply, the location and dimensions of the proposed works and the estimated cost thereof.

History:

[(43-1701) R.C., sec. 2386; am. 1911, ch. 71, sec. 1, p. 194; am. 1911, ch. 154, sec. 5, p. 461; am. 1915, ch. 143, sec. 4, p. 304; reen. C.L. 166:1; C.S., 4454; I.C.A., sec. 42-1701.]
Idaho Code § 43-219 — Idaho Code / Title 43 / Chapter 2 / Section 43-219
43-219 PETITION — FORM.
Status: in_force

43-219. Petition — Form. Recall petitions shall be printed on single sheets of paper of good writing quality including, but not limited to, newsprint not less than eight and one-half (81/2) inches in width and not less than fourteen (14) inches in length. No petition may be circulated or signed prior to the approval of a ballot synopsis by the magistrate court. Such petitions shall be substantially in the following form:

WARNING

Every person who signs this petition with any other than his true name, or who knowingly (1) signs more than one (1) of these petitions, (2) signs this petition when he is not a legal voter, or (3) makes herein any false statement, may be fined, or imprisoned, or both.

Petition for the recall of (here insert the name of the person whose recall is petitioned for) to the (here insert the name and title of the secretary of the irrigation district with whom the charge is filed).

We, the undersigned citizens and legal voters of (the irrigation district's official name), respectfully direct that a special election be called to determine whether or not (here insert the name of the person) be recalled and discharged from his office; and each of us for himself says: I have personally signed this petition; I am a legal voter of the state of Idaho in (the irrigation district's official name) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.

Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof:

State of Idaho )

) ss.

County of )

I, ……………….., swear, under penalty of perjury, that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.

Subscribed and sworn to before me this ….day of …….., …..

(Notary Seal)

History:

[43-219, added 1989, ch. 337, sec. 1, p. 852; am. 2007, ch. 90, sec. 23, p. 260.]
Idaho Code § 43-1801 — Idaho Code / Title 43 / Chapter 18 / Section 43-1801
43-1801 COOPERATION WITH GOVERNMENT UNDER ACT OF AUGUST 11, 1916.
Status: in_force

43-1801. Cooperation with government under Act of August 11, 1916. The board of directors of any irrigation district organized under the laws of this state may make such investigations and based thereon, such representations and assurances to the secretary of the interior as may be requisite under the Act of Congress of August 11, 1916, entitled, "An Act to Promote Reclamation of Arid Lands," 39 U.S. St. L., ch. 319, p. 506.

History:

[(43-1801) 1917, ch. 83, sec. 4, p. 298; reen. C.L. 167:1; C.S., sec. 4466; I.C.A., sec. 42-1801.]
Idaho Code § 43-607 — Idaho Code / Title 43 / Chapter 6 / Section 43-607
43-607 HEARINGS — CONFIRMATION OF PROCEEDINGS.
Status: in_force

43-607. Hearings — Confirmation of proceedings. The proceedings of the board of directors for apportioning such benefits and the giving of notice of hearings for such purposes shall be substantially the same as may be provided by law for the apportionment of benefits in the case of original bond issues; and all proceedings of the board of directors relative to the authorization and sale of such refunding bonds and the holding of said election and the apportionment of such benefits shall, before the issuance and sale of any of said bonds, be examined, approved and confirmed by the district court of the county in which the office of the district is situated, substantially in the manner provided by law for the confirmation of proceedings of the board of directors relative to original bond issues; and all the provisions of the statutes relative to the confirmation of the proceedings relative to original bond issues of irrigation districts shall apply to the confirmation of proceedings under this chapter.

History:

[(43-607) 1915, ch. 142, sec. 7, p. 299; reen. C.L., sec. 2406m; C.S., sec. 4381; I.C.A., sec. 42-607.]
Idaho Code § 43-601 — Idaho Code / Title 43 / Chapter 6 / Section 43-601
43-601 REFUNDING BONDS AUTHORIZED.
Status: in_force

43-601. Refunding bonds authorized. The board of directors of any irrigation district organized under the laws of the state of Idaho may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of the district, whether due or not due, or which has or may hereafter become payable at the option of the district or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness be now existing or may hereafter be created, and there shall not be funds in the treasury of such district available for the payment or redemption of such bonds and the accrued and unpaid interest thereon; but the amount of such refunding bonds to be issued under the provisions of this chapter shall first be determined by such directors, and a certificate of such determination shall be made and entered in and upon the records of said district prior to the issuance of said refunding bonds.

History:

[(43-601) 1915, ch. 142, sec. 1, p. 299; reen. C.L., sec. 2406g; C.S., sec. 4375; I.C.A., sec. 42-601.]
Idaho Code § 43-332 — Idaho Code / Title 43 / Chapter 3 / Section 43-332
43-332 APPORTIONMENT OF WATER TO TRACTS — EMPLOYMENT OF PERSON TO DISTRIBUTE WATER — ASSESSMENT OF COST — LIEN ON LAND.
Status: in_force

43-332. Apportionment of water to tracts — Employment of person to distribute water — Assessment of cost — Lien on land. Whenever a parcel of land lying within an irrigation district is subdivided and plats of such subdivision are filed as provided by law, and the owners fail to properly apportion the water to their various tracts in the subdivision, or upon request made by fifty percent (50%) or more of the owners of the tracts in the subdivision the board of directors may employ some competent person to distribute and apportion water for such tracts. The reasonable cost of such services shall be apportioned each year by the board to such tracts. The cost of such services shall be assessed by the board as a special charge to the tracts in the same manner as other assessments are made by the board. The assessment so levied and apportioned shall be a lien upon the tracts, and shall be collected in the same manner as all other assessments are levied and collected by the board.

History:

[43-332, as added by 1973, ch. 64, sec. 5, p. 105; am. 1978, ch. 250, sec. 1, p. 549; am. 1998, ch. 195, sec. 3, p. 706.]
Idaho Code § 43-1826 — Idaho Code / Title 43 / Chapter 18 / Section 43-1826
43-1826 PAYMENT OF ASSESSMENT.
Status: in_force

43-1826. Payment of assessment. The treasurer of the district must attend at the times and places specified in the notice to receive assessments which must be paid in lawful money of the United States. He must mark the date of payment of any assessment in the assessment book opposite the name of the person paying and give a receipt to such person specifying the amount of the assessment and the amount paid with a description of the property assessed.

History:

[(43-1826) 1917, ch. 83, part of sec. 1, p. 297; reen. C.L. 167:26; C.S., sec. 4491; am. 1921, ch. 87, sec. 4, p. 164; I.C.A., sec. 42-1826.]
Idaho Code § 43-1307 — Idaho Code / Title 43 / Chapter 13 / Section 43-1307
43-1307 CHARACTER OF PROCEEDINGS FOR CONFIRMATION.
Status: in_force

43-1307. Character of proceedings for confirmation. Said proceedings shall be in the nature of a suit to quiet title with respect to so much of the land within said district as is affected by the proposal to modify or dissolve the same. And the decree of the court approving a sale or transfer shall be full and complete authority for carrying out the same and such decree shall further set forth the basis and terms of sale or transfer and the basis of participation by the owners in said district in such sale or transfer. In such proceedings the board of directors shall be the parties plaintiff and the holders of any obligations of the district, including obligations which are or might become liens against any of said lands, are parties defendant. The provisions of sections 6658, 6659 and 6660 of Idaho Compiled Statutes, so far as they can be made applicable, shall govern generally the pleadings, summons, proceedings and force and effect of the decree: provided, that the petition may be in form against all persons having interest in or claim against the district, without naming them, and the summons, directed in same way, and setting forth briefly the purposes of the petition, shall be by publication in the first instance or order of the court or a judge thereof and service on all parties interested, whether unknown owners, heirs, devisees, claimants or otherwise, shall be deemed complete at the time prescribed by the order for publication; and, unless answer be made by any one interested in or making claim against said district, within twenty (20) days after such last day of publication, default may be entered.

History:

[(43-1307) R.C., sec. 2437d, as added by 1917, ch. 167, sec. 1, part of subd. 2437d, p. 499; reen. C.L., sec. 2437g; am. 1919, ch. 36, sec. 6, p. 132; C.S., sec. 4434; I.C.A., sec. 42-1307.]
Idaho Code § 43-2112 — Idaho Code / Title 43 / Chapter 21 / Section 43-2112
43-2112 METHOD OF RAISING FUNDS OR ISSUING FUNDS OR OTHER SECURITIES.
Status: in_force

43-2112. Method of raising funds or issuing funds or other securities. Any funds, bonds or other securities which the district, under the plan of settlement, proposes to pay or deliver in satisfaction of any outstanding indebtedness, however evidenced, shall be raised, authorized and issued in the manner provided by the laws of the state of Idaho relating thereto, and this act shall not be construed as vesting in the board of directors of the district the power to provide money or authorize or issue bonds or securities in any other manner.

History:

[43-2112, added 1933, ch. 174, sec. 12, p. 316.]
Idaho Code § 43-503 — Idaho Code / Title 43 / Chapter 5 / Section 43-503
43-503 FORM OF BONDS.
Status: in_force

43-503. Form of bonds. Any bonds authorized by any vote of any special election held under the provisions of section 43-502 shall be in the form and in all respects conform to all the provisions of chapter 4 of this title, governing and describing the form and contents of the bonds of irrigation districts.

History:

[(43-503) R.C., sec. 2405b, as added by 1915, ch. 38, sec. 2, p. 118; reen. C.L., sec. 2406c; C.S., sec. 4373; I.C.A., sec. 42-503.]
Idaho Code § 43-803 — Idaho Code / Title 43 / Chapter 8 / Section 43-803
43-803 NOTICE OF ELECTION BY DISTRICT — RESERVATION OF TITLE TO WATER RIGHT.
Status: in_force

43-803. Notice of election by district — Reservation of title to water right. To constitute an election as provided in section 43-801, Idaho Code, the irrigation district shall, at least ten (10) days prior to the date of the issuance of tax deed to the county treasurer on behalf of any taxing unit, or at least ten (10) days prior to the date of any sale of real property acquired by a county on account of delinquent taxes, file with the county treasurer and the clerk of the board of county commissioners of the county a notice in writing, in substantially the following form:

"Notice is hereby given that …. irrigation district has elected to accept a cancellation of taxes in favor of said irrigation district and constituting part of the taxes delinquent upon which tax deed may or has issued and in lieu thereof to retain title to the water right for the purchase of which the assessments in favor of the irrigation district were levied. The property affected by this notice is described as follows, to wit:

(….)"

Upon the issuance of a tax deed to any lands within an irrigation district organized as aforesaid for delinquent taxes or a sale of any lands acquired by a county on account of delinquent taxes, the receipt of this notice by the county treasurer or the clerk of the board of county commissioners of the county, substantially in form as herein provided, shall be recorded in the chain of title of the subject real property and shall obligate the officer accepting a deed on behalf of a taxing unit and/or the officers executing a deed to lands acquired by the county for delinquent taxes, to reserve title to the water right and title to said water right shall thereupon vest in the irrigation district subject to redemption as hereinafter provided; provided, however, said irrigation district shall as a prerequisite to withdrawal of said water right from the lands and revesting thereof in said district, pay to the county the amount paid by the county to the state as state taxes levied against said lands from which said water right is to be withdrawn.

History:

[(43-803) 1931, ch. 34, sec. 3, p. 67; I.C.A., sec. 42-803; am. 1933, ch. 112, sec. 1, p. 178; am. 2007, ch. 161, sec. 1, p. 484.]
Idaho Code § 43-204A — Idaho Code / Title 43 / Chapter 2 / Section 43-204A
43-204A INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Status: in_force

43-204A. Indemnification of officers, directors, employees and agents. (a) A district shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the district) by reason of the fact that he is or was a director, officer, employee or agent of the district, or is or was serving at the request of the district as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the district, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the district, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

(b) A district shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the district to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the district, or is or was serving at the request of the district as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the district and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the district unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper.

(c) To the extent that a director, officer, employee or agent of a district has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsection (a) or (b) hereof, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.

(d) Any indemnification under subsection (a) or (b) of this section (unless ordered by a court) shall be made by the district only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsection (a) or (b). Such determination shall be made (1) by the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) by the qualified electors of the district.

(e) Expenses (including attorneys' fees) incurred in defending a civil or criminal action, suit or proceeding may be paid by the district in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the district as authorized in this section.

(f) The indemnification and advancement of expenses provided by, or granted pursuant to the other subsections of this section shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, agreement, vote of qualified electors of the district or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office.

(g) A district shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the district, or is or was serving at the request of the district as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him and incurred by him in any capacity or arising out of his status as such, whether or not the district would have the power to indemnify him against such liability under the provisions of this section.

(h) The indemnification and advancement of expenses provided by, or granted pursuant to, this section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, and personal representatives of such a person.

History:

[43-204A, added 1988, ch. 325, sec. 1, p. 986.]
Idaho Code § 43-111 — Idaho Code / Title 43 / Chapter 1 / Section 43-111
43-111 QUALIFICATIONS OF VOTERS — VOTES BASED ON ASSESSED ACRES.
Status: in_force

43-111. Qualifications of voters — Votes based on assessed acres. (1) No person shall be entitled to vote at any election held under the provisions of this title for the purpose of electing directors, for the purpose of determining whether indebtedness shall be created or bonds issued by the district, or for any other purpose, unless he shall possess all the qualifications required of electors under the general laws of the state, and own lands that are on the district's assessment book prepared under section 43-701, Idaho Code, and be a resident of the county in which the district, or a portion thereof, is located for a period of thirty (30) or more days next preceding the election; provided that the bylaws may, by resolution of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of the electors voting in a district election conducted in accordance with the general election laws of the state applicable to irrigation districts, set forth a provision allowing a district landowner to vote, if the landowner possesses all the qualifications required of electors under the general laws of the state and has resided within fifteen (15) miles of the district for a period of at least thirty (30) days prior to the election.

(2) After approval by a majority of the electors voting upon the issue in a district election conducted using the elector criteria of subsection (1) of this section, in subsequent district elections, a person having the qualifications described in subsection (1) of this section shall have the right to cast one (1) vote for each acre of land on the district assessment book and a proportionate vote for each fraction of an acre of land on the district assessment book owned by him within the district. Co-owners or multiple owners of parcels of land shall cast no more than the total number of votes represented by the acres or fraction of acres of assessed land within the district.

History:

[(43-111) 1903, p. 150, sec. 2b, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2375; am. 1915, ch. 49, sec. 1, last part of subd. 2375, p. 136; reen. C.L., sec. 2375a; C.S., sec. 4323; I.C.A., sec. 42-111; am. 1933, ch. 27, sec. 1, p. 36; am. 1951, ch. 27, sec. 1, p. 39; am. 1982, ch. 254, sec. 11, p. 653; am. 1999, ch. 207, sec. 1, p. 554; am. 2006, ch. 200, sec. 1, p. 616; am. 2007, ch. 160, sec. 1, p. 483; am. 2022, ch. 104, sec. 1, p. 356.]
Idaho Code § 43-212 — Idaho Code / Title 43 / Chapter 2 / Section 43-212
43-212 INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS.
Status: in_force

43-212. Informalities disregarded — Postponement of canvass. No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. If, at the time of the meeting, the returns of each precinct in which polls have been opened have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six (6) postponements have been had. The canvass must be made in public and by opening the returns and counting the vote of the district for each person voted for and declaring the result thereof.

History:

[(43-212) 1903, p. 150, sec. 9; am. R.C. & C.L., sec. 2383; C.S., sec. 4341; I.C.A., sec. 42-212.]
Idaho Code § 43-330A — Idaho Code / Title 43 / Chapter 3 / Section 43-330A
43-330A CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS.
Status: in_force

43-330A. Contracts with landowners for construction of improvements. When a parcel of land lying within an irrigation district has been subdivided and the owner or owners of the entire parcel propose to develop that parcel or any of the tracts therein for residential, commercial, industrial or municipal use, the board of directors of the district may enter into a contract with the owner or owners of the entire parcel, or of any tract therein, for the construction of a pressurized system for the proper distribution of irrigation water to the parcel or to the designated tracts within the parcel.

History:

[43-330A, added 1993, ch. 261, sec. 1, p. 892; am. 1998, ch. 195, sec. 1, p. 706.]
Idaho Code § 43-306 — Idaho Code / Title 43 / Chapter 3 / Section 43-306
43-306 LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT.
Status: in_force

43-306. Levy authorized for purpose of draining lands within district. Any irrigation district now organized, or which may hereafter be organized, under the laws of the state of Idaho, shall have authority to construct drainage works for the purpose of draining, or reclaiming, any land, or lands, within such irrigation district, which authority shall be exercised by the board of directors in its discretion.

The board of directors before levy as hereinafter provided, shall determine by resolution spread on the minutes thereof if any of the lands within an irrigation district are in need of drainage, and should be drained to protect said land or other lands within said district from damage from seepage or other waters, subterranean or otherwise, then the board of directors of such district shall have the power and authority, at the time provided by law for levying assessments for the operation and maintenance of said irrigation district in addition to such assessments, to also levy an assessment against the lands of said irrigation district for drainage purposes, said levy not to exceed in any one (1) year forty per cent (40%) of the total amount levied for operation and maintenance purposes. Such assessment for drainage shall in all respects be levied and collected at the same time and in the same manner as assessments for operation and maintenance.

All funds collected for drainage purposes under the provisions hereof shall be kept in a separate fund to be known as "Drainage Fund" of said irrigation district, and the moneys in said "Drainage Fund" from time to time may be expended by the board of directors of said irrigation district.

History:

[(43-306) I.C.A., sec. 42-305A, as added by 1945, ch. 17, sec. 1, p. 25; am. 1951, ch. 48, sec. 1, p. 65.]
Idaho Code § 43-304 — Idaho Code / Title 43 / Chapter 3 / Section 43-304
43-304 GENERAL POWERS OF BOARD — BY-LAWS — RIGHT OF ENTRY — ACQUISITION OF PROPERTY.
Status: in_force

43-304. General powers of board — By-Laws — Right of entry — Acquisition of property. Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required and prescribe their duties, to establish equitable by-laws, rules and regulations for the distribution and use of water among the owners of such land, as may be necessary and just to secure the just and proper distribution of the same, which said by-laws, among other things, shall establish a fiscal year, and in case the by-laws do not provide for the establishment of a fiscal year, the fiscal year shall commence the first day of November and end the thirty-first day of October of each and every year. Said by-laws, rules and regulations must be printed in convenient form for distribution throughout the district.

The board and its agents and employees shall have the right to enter upon any land and to make surveys, and may locate the necessary irrigation works and the line of any canal or canals, and the necessary branches for the same on any lands which may be deemed best for such location.

Said board shall also have the right to acquire, either by purchase, condemnation or other legal means, all lands and water rights, and other property necessary for the construction, use and supply, maintenance, repair and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, lands and water rights for ground water recharge projects initiated pursuant to chapter 42, title 42, Idaho Code, and all necessary appurtenances. In case of purchase, the bonds of the district hereinafter provided for may be used to their par value in payment. Said board may also construct the necessary dams, reservoirs, ground water recharge facilities and works for the collection of water for said district, and do any and every lawful act necessary to be done that sufficient water may be furnished to each landowner in said district for irrigation purposes. The use of all water required for the irrigation of the lands of any district formed under the provisions of this title, together with the rights of way for canals and ditches, sites for reservoirs, ground water recharge projects and all other property required in fully carrying out the provisions of this title, is hereby declared to be a public use, subject to the regulation and control of the state, in the manner prescribed by law.

The board of directors of an irrigation district organized under the laws of the state of Idaho may enter into contracts for a water supply to be delivered to the canals and works of the district, and do any and every lawful act necessary to be done that sufficient water may be furnished to the lands in the district for irrigation purposes.

History:

[(43-304) 1903, p. 150, sec. 12a, as added by 1907, p. 484, sec. 1, subd. 12a; reen. R.C., sec. 2386; am. 1911, ch. 71, sec. 1, p. 194; am. 1911, ch. 154, sec. 5, p. 461; am. 1915, ch. 143, sec. 4, p. 308; reen. C.L., sec. 2386; am. 1919, ch. 15, sec. 1, p. 78; C.S., sec. 4346; I.C.A., sec. 42-304; am. 1985, ch. 120, sec. 2, p. 293.]
Idaho Code § 43-2204 — Idaho Code / Title 43 / Chapter 22 / Section 43-2204
43-2204 JUDICIAL EXAMINATION.
Status: in_force

43-2204. Judicial examination. Except in the instance of bonds issued and sold to refund other bonds for which a confirmation proceeding pursuant to this section has already been held, 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, prior to the sale and issuance of any bonds under this chapter. 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 irrigation districts pursuant to section 43-2201(D)(2), Idaho Code, and such other irrigation 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 irrigation 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 dam and other related structures and works and appurtenances, falling water contracts pursuant to section 43-2201(D)(4), Idaho Code, contracts with other irrigation districts pursuant to section 43-2201(D)(2), Idaho Code, and contracts with other public and private persons, firms, corporations and associations pursuant to section 43-2201(D)(3), Idaho Code. 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 irrigation 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 irrigation district is located which is of general circulation in such irrigation district, pursuant to and in accordance with the requirements of section 43-407, Idaho Code, 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 owner of property 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 irrigation 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 irrigation 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.

Except as expressly provided in this section, the provisions of sections 43-406 through 43-408, Idaho Code, shall be inapplicable to refunding bonds issued under this chapter.

History:

[43-2204, as added by 1974, ch. 1, sec. 1, p. 3; am. 1975, ch. 48, sec. 2, p. 90; am. 1990, ch. 11, sec. 1, p. 21.]
Idaho Code § 43-312 — Idaho Code / Title 43 / Chapter 3 / Section 43-312
43-312 APPEALS.
Status: in_force

43-312. Appeals. Appeal may be taken by any interested person from said decree of the district court to the Supreme Court by serving a written notice of such appeal upon the secretary of said board of the irrigation district, within thirty (30) days after the rendition of said decree by said court.

History:

[(43-312) I.C.A., sec. 42-307d, as added by 1945, ch. 4, sec. 3, p. 5.]
Idaho Code § 43-115 — Idaho Code / Title 43 / Chapter 1 / Section 43-115
43-115 LIMITATION ON PROCEEDINGS AFFECTING VALIDITY.
Status: in_force

43-115. Limitation on proceedings affecting validity. No action shall be commenced or maintained, or defense made affecting the validity of such organization after two (2) years from and after the making and entering of said order on its minutes by the board of county commissioners.

History:

[(43-115) 1903, p. 150, part of sec. 3, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; compiled and reen. C.L., sec. 2377a; C.S., sec. 4327; I.C.A., sec. 42-115.]
Idaho Code § 43-2106 — Idaho Code / Title 43 / Chapter 21 / Section 43-2106
43-2106 NATURE OF PROCEEDINGS.
Status: in_force

43-2106. Nature of proceedings. Said proceeding shall be in the nature of a proceeding in rem in which the district shall be plaintiff, and all holders of bonds, coupons and warrants, and other creditors of the district, without naming them, shall be defendants, except holders of securities and creditors not directly affected by said plan of settlement and those who have filed their written consent or approval thereof with the secretary of the district.

History:

[43-2106, added 1933, ch. 174, sec. 6, p. 316.]
Idaho Code § 43-2109 — Idaho Code / Title 43 / Chapter 21 / Section 43-2109
43-2109 HEARING — PROCEDURE — CREDITORS — PROOF OF OWNERSHIP OF BONDS.
Status: in_force

43-2109. Hearing — Procedure — Creditors — Proof of ownership of bonds. At the hearing of the cause the court shall examine and consider all proceedings had and taken by the district, the financial condition of the district as shown by the report of the certified public accountant, and the proposed plan of settlement, and the objections, if any, filed thereto by creditors of the district. All creditors who have filed objections shall make proof of their ownership of the bonds or other securities held by them and described in their written objections theretofore filed, and for that purpose the court may require them to exhibit the securities so held.

History:

[43-2109, added 1933, ch. 174, sec. 9, p. 316.]
Idaho Code § 43-707A — Idaho Code / Title 43 / Chapter 7 / Section 43-707A
43-707A ACCEPTANCE OF PERSONAL OR OTHER NONGUARANTEED FORMS OF PAYMENT.
Status: in_force

43-707A. Acceptance of personal or other nonguaranteed forms of payment. (1) Notwithstanding any other provisions of title 43, Idaho Code, irrigation district treasurers may accept personal or other nonguaranteed forms of payment including, but not limited to, drafts, checks, or credit or debit cards if:

(a) The remitter identifies by legal description or assessment number the parcel for which the payment is tendered.

(b) The amount for which the personal or other nonguaranteed form of payment is presented is the exact amount of the assessment due, including, where a delinquency exists and a tax deed has not been issued, penalties, interest and county redemption fees.

(2) The following procedures shall be followed in processing payments by personal or other nonguaranteed forms of payment:

(a) The assessment number of the identified parcel shall be entered on the transaction receipt.

(b) The treasurer shall, upon request, prepare the current tax receipt or redemption certificate or both, and deliver them to the remitter. Such receipts shall be invalid, and shall so state, if payment is refused by the bank, financial institution or other entity on which it is drawn. Any personal or other nonguaranteed forms of payment upon which payment is refused will be noted in the records of the treasurer and notice of nonpayment shall be delivered to the county recorder. The notation and notice of nonpayment shall be sufficient reversal of any entries made upon the books of the district treasurer and upon the lien records of the county recorder.

(c) Notice shall be sent to the remitter that payment has not been received, that the receipts and releases are therefore invalid and withdrawn, and that the failed payment can be redeemed by payment with United States currency or a guaranteed draft or money order in the amount of the original payment plus the additional interest accrued, plus a repetition of the county filing fees, and plus a handling charge not to exceed twenty-five dollars ($25.00).

(d) Remitters choosing to pay assessments by personal or other nonguaranteed forms of payment may be responsible for any additional transaction, processing or convenience fees incurred by the irrigation district.

(3) Full compliance with the procedures enumerated in this section shall exempt the treasurer from any personal liability for the acceptance of personal or other nonguaranteed forms of payment.

History:

[43-707A, added 1983, ch. 168, sec. 1, p. 475; am. 2006, ch. 255, sec. 1, p. 792; am. 2015, ch. 79, sec. 1, p. 200.]
Idaho Code § 43-714A — Idaho Code / Title 43 / Chapter 7 / Section 43-714A
43-714A DEFINITIONS.
Status: in_force

43-714A. Definitions. Words and terms used in this chapter, unless the context otherwise requires, are defined as follows:

(1) "District" means an irrigation district organized under the provisions of title 43, Idaho Code.

(2) "Board" means the board of directors of a district.

(3) "Treasurer" means the duly appointed officer of an irrigation district, and his or her deputies or employees. Such treasurer acts as ex officio tax collector for the purposes of this chapter.

(4) The term "delinquent assessments" as herein used shall be deemed and construed to include all general and special assessments and charges for operation and maintenance, bond or loan contract payments, or other authorized expenditures, entered in irrigation district assessment rolls, not paid when due, and collectible in the manner provided in chapter 7, title 43, Idaho Code.

(5) "Facsimile" means the reproduction or supplying of an exact copy from an original document.

(6) "Party in interest" means a person or persons, partnership, corporation, business venture, or other entity that holds a recorded purchase contract, mortgage, deed of trust, or lease in and for the property for which a delinquency entry has been made. For purposes of notice requirements in this chapter, recording includes documents recorded in full or by memorandum providing notice thereof.

(7) "Record owner or owners" means the person or entity in whose name or names the property stands upon the records in the county recorder's office. Where the record owners are husband and wife at the time the notice described in section 43-717, Idaho Code, shall issue, notice to one (1) spouse shall be deemed and imputed as notice to the other spouse.

(8) "Tax certificate" means a written assignment of a district's right to a tax deed as provided in section 43-715, Idaho Code.

History:

[43-714A, added 1994, ch. 144, sec. 1, p. 317; am. 2016, ch. 273, sec. 3, p. 753.]
Idaho Code § 43-906 — Idaho Code / Title 43 / Chapter 9 / Section 43-906
43-906 INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES.
Status: in_force

43-906. Intersections with streets, railroads, watercourses. The board of directors shall have power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said work shall unite with said board in forming said intersections and crossings and grant the privileges aforesaid; and if such railroad company and said board, or the owners and controllers of said property, thing or franchise to be crossed, cannot agree upon the amount to be paid therefor, or upon the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking of land.

History:

[(43-906) 1903, p. 150, part of sec. 36; am. R.C. & C.L., sec. 2420; C.S., sec. 4408; I.C.A., sec. 42-906.]
Idaho Code § 43-2542 — Idaho Code / Title 43 / Chapter 25 / Section 43-2542
43-2542 SALE OF PROPERTY AFTER MATURITY OF BONDS.
Status: in_force

43-2542. Sale of property after maturity of bonds. Within thirty (30) days after the maturity of the last installment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the district has taken title by reason of assessment of such local improvement district, shall be appraised and immediately after said appraisement such property shall be offered for sale by giving notice of the time and place of sale thereof by publication of such notice in a newspaper published in the district for ten (10) consecutive issues if a daily paper, or in two (2) consecutive issues if a weekly paper, or if there be no newspaper published in such district then in a newspaper having general circulation therein, the date of sale to be not less than twenty (20) days from the date of the first publication of such notice. At the time and place designated in the notice the treasurer shall offer such property for sale to the highest bidder, but no sale shall be made for less than the appraised value. If no bid be received for a sum equal to or greater than the appraised value, then the sale may be postponed for not to exceed thirty (30) days, and shall be readvertised, and at the time to which such sale was postponed shall again be offered for sale and sold to the highest bidder. Upon the sale of any property and the payment therefor, a deed shall be executed to the purchaser in the same manner, as provided for the execution of deeds in section 43-2541, Idaho Code.

History:

[43-2542, added 1993, ch. 407, sec. 1, p. 1496.]
Idaho Code § 43-2407 — Idaho Code / Title 43 / Chapter 24 / Section 43-2407
43-2407 ORDER ACCEPTING OR REJECTING PETITION.
Status: in_force

43-2407. Order accepting or rejecting petition. The board of directors, if they deem it not for the best interest of the district to grant such domestic annexation, shall order that the petition be rejected. But if they deem it for the best interest of the district, and if no person interested shall show cause why such domestic annexation should not be granted, or if having shown cause, withdraws the same, the board may order, without any election, that domestic annexation be granted as to the lands mentioned in the petition, or some part thereof. The order shall describe the lands to which domestic annexation shall be granted, and the board may cause a survey thereof to be made if deemed necessary.

History:

[43-2407, added 1979, ch. 178, sec. 1, p. 531.]
Idaho Code § 43-2525 — Idaho Code / Title 43 / Chapter 25 / Section 43-2525
43-2525 RIGHTS AGAINST ASSESSMENTS.
Status: in_force

43-2525. Rights against assessments. The said bonds of any local improvement district as herein provided, when sold as hereinbefore provided, shall transfer to the owner or holder of such bonds all the rights and interest of such district in and with respect to every such assessment and the lien thereby created against the property of each owner assessed as shall not have availed himself of the provisions of this chapter, in regard to the redemption of his property as aforesaid, and shall authorize owners and holders of such bonds to receive and have collected the assessment or assessments embraced in any such bonds through any of the methods provided by law for the collection of assessments for local improvements.

Whenever any installment of an assessment or the interest thereon made for the payment of principal, or interest on such bonds so issued, is not paid when due and shall become delinquent, the district may by a resolution duly adopted declare all unpaid installments against any property to pay the cost and expenses of such improvement to be immediately due, payable and delinquent, and may thereupon cause a delinquency certificate to be issued against said property for the whole of the unpaid assessment against it in the manner hereinafter provided for issuance of delinquency certificates upon any installment of such assessment(s) becoming delinquent, and any such board must pass such resolution upon the written request of the holders of one-half (1/2) of any such bond issue, filed with the secretary.

History:

[43-2525, added 1993, ch. 407, sec. 1, p. 1489.]
Idaho Code § 43-2526 — Idaho Code / Title 43 / Chapter 25 / Section 43-2526
43-2526 PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS.
Status: in_force

43-2526. Publication and conclusiveness of proceedings. The board may provide for the publication of any resolution or other proceeding adopted by it pursuant to this code in the official newspaper of the district. For a period of thirty (30) days after such publication any person in interest shall have the right to contest the legality of such resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this code shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the date when the resolution or proceeding was published, and after such time the validity, legality and regularity of such resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of validity of any bonds issued pursuant to this code is not raised within thirty (30) days from the date of publication of the resolution or proceeding issuing said bonds and fixing their terms, the authority to issue the bonds, the legality thereof and of the assessments necessary to pay the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.

History:

[43-2526, added 1993, ch. 407, sec. 1, p. 1490.]
Idaho Code § 43-1304 — Idaho Code / Title 43 / Chapter 13 / Section 43-1304
43-1304 ELECTION — CONDUCT.
Status: in_force

43-1304. Election — Conduct. Such election must be held in all respects as near as practicable in conformity with the provisions of law governing elections upon the organization of irrigation districts. All persons who possess the qualifications of electors under the general laws of the state and are residents of said district may vote at such election. Upon the ballots used at such elections should be written or printed "For Modification, Yes" and "For Modification, No," or "For Dissolution, Yes" and "For Dissolution, No," or "For Sale or Transfer, Yes" and "For Sale or Transfer, No," depending upon the nature of the proposal to be voted upon.

History:

[(43-1304) R.C., sec. 2437b, as added by 1917, ch. 167, sec. 1, part of subd. 2437b, p. 498; reen. C.L., sec. 2437d; am. 1919, ch. 36, sec. 4, p. 132; C.S., sec. 4431; I.C.A., sec. 42-1304.]
Idaho Code § 43-1917 — Idaho Code / Title 43 / Chapter 19 / Section 43-1917
43-1917 VALIDITY OF BONDS.
Status: in_force

43-1917. Validity of bonds. Any resolution authorizing bonds may provide that the bonds shall contain a recital that they are issued pursuant to the irrigation district domestic water system revenue bond act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

History:

[43-1917, added 1988, ch. 299, sec. 12, p. 950.]
Idaho Code § 43-1324 — Idaho Code / Title 43 / Chapter 13 / Section 43-1324
43-1324 JOINT WORKS — JOINTLY HELD PROPERTY.
Status: in_force

43-1324. joint works — jointly held property. The irrigation works and any other real or personal property held by the original irrigation district prior to the partition shall belong to the partitioned irrigation districts jointly as provided in this section. All canals and laterals that deliver water to members of both districts shall be held by each district in proportion to the total quantity of water delivered to members of each district through each individual diversion work, canal and lateral. All other real and personal property shall be held jointly by the two (2) districts in proportion to the total quantity of water rights held by the members of each district that are appurtenant to lands within the newly partitioned district. Any outstanding debts of the district prior to partition shall be joint obligations of the two (2) newly partitioned districts after the partition in proportion to the total quantity of water rights held by members of each district within the newly partitioned districts. All assessments collected from landowners shall be provided to the new districts based upon the location of the land after the partition, less the proportionate share of expenses incurred prior to the effective date of the order of partition.

History:

[43-1324, added 2013, ch. 332, sec. 12, p. 869.]