Idaho Code § 43-330D — Idaho Code / Title 43 / Chapter 3 / Section 43-330D
43-330D CONTRACT TO BE RECORDED.
Status: in_force

43-330D. Contract to be recorded. Any contract entered into by an irrigation district under the authority of section 43-330A, Idaho Code, shall be recorded in the office of the county recorder of each county in which any portion of the land covered by the contract is located, and the owner or owners named in the contract shall remain personally liable, jointly and severally, for the cost of construction until the contract has been properly recorded.

History:

[43-330D, added 1993, ch. 261, sec. 1, p. 893.]
Idaho Code § 43-1507 — Idaho Code / Title 43 / Chapter 15 / Section 43-1507
43-1507 INVESTMENT OF CERTAIN FUNDS AUTHORIZED.
Status: in_force

43-1507. Investment of certain funds authorized. In addition to the authority conferred upon the board of directors of an irrigation district by section 57-127, Idaho Code, such board shall have the authority to invest the surplus funds of such district, in the negotiable, general obligation bonds or other evidences of indebtedness of the United States or of this state or in local improvement district bonds or warrants authorized by chapter 17, title 50, or chapter 25, title 43, Idaho Code, in lieu of depositing the same in designated depositories as provided by the public depository law and to dispose of such bonds, warrants, or evidences of indebtedness as and when said board may direct.

History:

[43-1507, added 1943, ch. 153, sec. 1, p. 309; am. 2003, ch. 82, sec. 1, p. 258.]
Idaho Code § 43-1706 — Idaho Code / Title 43 / Chapter 17 / Section 43-1706
43-1706 ISSUANCE OF PATENT.
Status: in_force

43-1706. Issuance of patent. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the settler.

History:

[(43-1706) 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. 166:6; C.S., sec. 4459; I.C.A., sec. 42-1706.]
Idaho Code § 43-327 — Idaho Code / Title 43 / Chapter 3 / Section 43-327
43-327 DELINQUENT ASSESSMENTS — SHUTTING OFF OF WATER.
Status: in_force

43-327. Delinquent assessments — Shutting off of water. The board of directors of any irrigation district shall have the power to refuse to deliver water for the use on any lands upon which any assessments, tolls or charges levied, assessed or charged against said lands or the owner, lessee, occupant or contract purchaser thereof, under any section of this title, whether for irrigation or domestic water service, are unpaid for more than ninety (90) days after delinquency until such assessments, tolls or charges, together with any lawful penalties and additional charges are paid.

Provided, that, in irrigation districts having a contract with the United States under the provisions of this title, for the construction, or operation, or maintenance of a domestic water system or for the repayment to the United States of a loan for any such purpose, the board of directors of such district may, by resolution, from time to time, fix a date or dates after which any or all lawful tolls and/or charges of the district, including without limitation domestic water tolls and charges, and excepting only assessments provided for in this title against real property within the district, shall be deemed delinquent. Such district shall have the right, in addition to and supplemental to all other legal rights now in effect, or hereafter acquired for the collection of any such sums, to cease delivery of domestic and irrigation water to all lands in connection with which such tolls or charges have been incurred and, at the district's option, also to all other lands within the district belonging to the person or persons, firm, corporation or other legal entity incurring any such tolls or charges. Such delivery may be ceased at any time after the tenth day following the date any such sums become delinquent, and until all such sums together with any lawful penalties, additional charges and/or interest at the legal rate are paid.

History:

[(43-327) I.C.A., sec. 42-323, as added by 1939, ch. 269, sec. 1, p. 668; am. 1959, ch. 14, sec. 1, p. 34; am. 1965, ch. 25, sec. 1, p. 38.]
Idaho Code § 43-1702 — Idaho Code / Title 43 / Chapter 17 / Section 43-1702
43-1702 CERTIFIED CHECK TO ACCOMPANY PROPOSAL.
Status: in_force

43-1702. Certified check to accompany proposal. A certified check for a sum not less than fifty dollars ($50.00), nor more than two hundred fifty dollars ($250), as the department of water resources may determine, shall accompany each requested proposal by an irrigation district, the same to be held as a guaranty of the execution of the contract with the state in accordance with its terms by the irrigation district submitting such proposal, in case of the approval of the same and the selection of the lands by the department, which check shall be forfeited to the state in case of failure of said irrigation district to enter into a contract with the state in accordance with the terms of the request.

History:

[(43-1702) R.C., sec. 2386a, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:2; C.S., sec. 4455; I.C.A., sec. 42-1702.]
Idaho Code § 43-1819 — Idaho Code / Title 43 / Chapter 18 / Section 43-1819
43-1819 PAYMENT OF ASSESSMENTS — WHEN DELINQUENT.
Status: in_force

43-1819. Payment of assessments — When delinquent. In districts which have prior to such assessment entered into contracts with the United States requiring payments to the United States on or before December first of that year, on or before the first day of November the secretary must deliver the assessment book to the treasurer of the district, who shall within ten (10) days publish a notice in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable and will become delinquent at six o'clock p.m. on the last Monday of November next thereafter, and also the time and places at which the payments of the assessments may be made, which notice shall be published for the period of two (2) weeks. The treasurer 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. On the last Monday of November at six o'clock p.m., of each year, all unpaid assessments for the preceding year are delinquent.

History:

[(43-1819) R.C., sec. 2412; am. 1915, ch. 88, p. 206; compiled and reen. C.L. 167:19; C.S., sec. 4484; I.C.A., sec. 42-1819.]
Idaho Code § 43-1404 — Idaho Code / Title 43 / Chapter 14 / Section 43-1404
43-1404 PROCEDURE UPON AFFIRMATIVE VOTE.
Status: in_force

43-1404. Procedure upon affirmative vote. If it appears that a majority of all the votes cast in each of said districts is "Consolidation–yes," said board shall make an order, and enter the same of record in its minutes, establishing said consolidated district, giving its boundaries and designation, and in detail the terms under which the consolidation has been effected, and dividing said consolidated district into three (3) divisions, and shall appoint some person qualified under this title, to act as director for each of said divisions of said district until the next general election for the election of directors, when a board of directors shall be elected as provided in section 43-201, Idaho Code: provided, however, that the organization of such district shall not take effect until the first Tuesday of the January following said order of its establishment. If the date provided by law for the election of directors shall come between the date of said order of the board of county commissioners and said first Tuesday of January, then in making such order said board shall designate the board of directors of one (1) of the consolidated districts as a board to take charge of said election, and a director shall in that case be elected for each said division of said consolidated district, and in that case no appointment of directors shall be made by said board of county commissioners.

History:

[(43-1404) 1903, p. 150, part of sec. 56; reen. R.C., sec. 2438; reen. C.L., sec. 2438c; C.S., sec. 4439; I.C.A., sec. 42-1404; am. 2014, ch. 71, sec. 7, p. 181.]
Idaho Code § 43-1820 — Idaho Code / Title 43 / Chapter 18 / Section 43-1820
43-1820 MAINTENANCE OF CONSTRUCTED WORKS.
Status: in_force

43-1820. Maintenance of constructed works. The works constructed under the provisions of such contract with the United States shall be controlled and administered by the district in accordance with the provisions of said act of congress and the regulations thereunder.

History:

[(43-1820) 1903, p. 150, sec. 15, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2398; reen. 1915, ch. 143, sec. 1, part of subd. 2398, p. 304; reen. C.L. 167:20; C.S., sec. 4485; I.C.A., sec. 42-1820.]
Idaho Code § 43-1811 — Idaho Code / Title 43 / Chapter 18 / Section 43-1811
43-1811 TERMS OF BONDS.
Status: in_force

43-1811. Terms of bonds. Irrigation district bonds deposited with the United States pursuant to the provisions of this chapter may call for the payment of principal without interest if so provided in the contract with the United States, or for the payment of interest, may be of such denomination and may call for the repayment of the principal at such times as may be agreed upon between the district and the secretary of the interior.

History:

[(43-1811) 1917, ch. 83, sec. 3, p. 298; compiled and reen. C.L., 167:11; C.S., sec. 4476; I.C.A., sec. 42-1811; am. 1970, ch. 133, sec. 12, p. 309.]
Idaho Code § 43-204B — Idaho Code / Title 43 / Chapter 2 / Section 43-204B
43-204B BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED.
Status: in_force

43-204B. Bylaw limiting director liability authorized. The bylaws of the district may set forth a provision eliminating or limiting the personal liability of a director to the district or its qualified electors for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director:

(a) For any breach of the director's duty of loyalty to the district or its qualified electors.

(b) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.

(c) For any transaction from which the director derived an improper personal benefit.

No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective.

History:

[43-204B, added 1988, ch. 325, sec. 2, p. 988.]
Idaho Code § 43-1902 — Idaho Code / Title 43 / Chapter 19 / Section 43-1902
43-1902 METHOD OF MAKING CONTRACT.
Status: in_force

43-1902. Method of making contract. The making of any contract under this act obligating a district to repay construction costs shall be authorized by the board of directors and the voters of the district in substantially the same manner as is provided with respect to contracts with the United States for repayment of the cost of irrigation works.

History:

[(43-1902) 1946 (1st E.S.), ch. 3, sec. 2, p. 4.]
Idaho Code § 43-2518 — Idaho Code / Title 43 / Chapter 25 / Section 43-2518
43-2518 REASSESSMENT OF BENEFITS.
Status: in_force

43-2518. Reassessment of benefits. In all cases of assessments for local improvements of any kind against any property wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregularity or nonconformance with the bylaws, resolutions or laws governing such assessments, the board shall be and is hereby authorized to reassess such assessments and to enforce their collection in accordance with the provisions of law existing at the time the reassessment is made. No mistake in description of the property or the name of the owner thereof shall affect the validity of any assessment or any lien created thereby under the provisions of this code, or any law of this state, unless such mistake or error renders it impossible to identify the property so assessed.

When for any cause, mistake or inadvertence, the amount assessed on any property is insufficient to pay the cost and expenses of the improvement made and enjoyed by the owner of such property, it shall be lawful, and the board is hereby directed and authorized, to make reassessments on said property sufficient in amount to pay for such improvements, the reassessment to be made and collected in accordance with the provisions of law existing at the time of its levy.

History:

[43-2518, added 1993, ch. 407, sec. 1, p. 1486.]
Idaho Code § 43-1510 — Idaho Code / Title 43 / Chapter 15 / Section 43-1510
43-1510 TAX EXEMPTIONS.
Status: in_force

43-1510. Tax exemptions. The following irrigation district property and the revenue therefrom shall be exempt from taxation: (1) water rights for the irrigation of lands; (2) irrigation structures described in section 63-602N(2), Idaho Code; (3) all property described in section 63-602N(3), Idaho Code; and (4) all parks and recreational facilities owned or maintained by an irrigation district pursuant to this title. Such property tax exemption shall not be subject to approval by the county board of equalization. Bonds and interim notes, and interest thereon, issued pursuant to the authority contained in this title shall be exempt from taxation under the Idaho income tax law.

History:

[43-1510, added 2007, ch. 136, sec. 1, p. 396; am. 2016, ch. 189, sec. 15, p. 522.]
Idaho Code § 43-206 — Idaho Code / Title 43 / Chapter 2 / Section 43-206
43-206 NOTICE OF ELECTION — APPOINTMENT OF JUDGES.
Status: in_force

43-206. Notice of election — Appointment of judges. (1) The secretary of the district shall give notice of all elections in said district subsequent to the organization thereof, by posting the same in three (3) public places in each such precinct and in the office of said board, at least four (4) weeks before the day of such election, or by publication of the same once a week for two (2) successive weeks in a newspaper having general circulation within said district. If notice be given by publication in a weekly newspaper, the same shall be published in two (2) successive issues thereof, or, if in a daily newspaper, at least six (6) days shall elapse between the first and last dates of publication, and, in either case, publication shall be completed not less than fifteen (15) days before such election. Notices shall state the time of said election and the polling place for each precinct and the director to be elected or other question to be voted upon, as the case may be. At least ten (10) days before the holding of any such election, the board of directors shall appoint three (3) electors of each precinct to serve as judges of election for such precinct, and such judges shall constitute a board of election for such precinct.

(2) A polling place for a precinct need not be located in the precinct, but shall be located within the district. Polling places for two (2) or more precincts may be combined at one (1) location, as long as the physical arrangements of the polling place are sufficient to guarantee all voters the right to cast a secret ballot. Any combined polling place thus created shall be no farther than ten (10) miles outside of the precinct which is losing its polling place. In cases of combined polling places, the board of directors shall name one (1) elector from each of the combined precincts to serve as judges of election for that polling place.

(3) Notwithstanding other provisions of this section, irrigation districts comprising fifteen thousand (15,000) or fewer irrigated acres within their boundary may, upon resolution of the board of directors, combine all precincts into one (1) polling place. In cases where such a district resolves to combine precincts into a single polling place, the polling place shall be the irrigation district office, and the board of directors shall name one (1) elector from each precinct to serve as judges of election at the combined polling place.

History:

[43-206, added 1903, sec. 5, p. 150; am. 1907, sec. 1, p. 484, part of subd. 5; reen. R.C., sec. 2379; am. 1913, ch. 116, sec. 1, p. 453; reen. C.L., sec. 2379; C.S., sec. 4335; I.C.A., sec. 42-206; am. 1951, ch. 149, sec. 1, p. 342; am. 1965, ch. 29, sec. 1, p. 47; am. 1975, ch. 240, sec. 1, p. 649; am. 1976, ch. 146, sec. 1, p. 532; am. 2014, ch. 71, sec. 2, p. 178; am. 2020, ch. 177, sec. 1, p. 549.]
Idaho Code § 43-1912 — Idaho Code / Title 43 / Chapter 19 / Section 43-1912
43-1912 USE OF WORKS — REVENUE.
Status: in_force

43-1912. Use of works — Revenue. Any district issuing bonds under this act for the acquisition, construction, reconstruction, improvement, betterment or extension of any works, shall have the right to appropriate, apply or expend the revenue of the works for the following purposes: (a) to pay when due all bonds and interest thereon, for the payment of which the revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor; (b) to provide for all expenses of operation, maintenance, replacement and depreciation of the works, including reserves therefor; (c) to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this act for the payment of which the revenue of the works may have been pledged, charged or encumbered; (d) to pay and discharge notes, bonds or other obligations and interest thereon which do not constitute a lien, charge or encumbrance on the revenue of such works, which may have been issued for the purpose of financing the acquisition, construction, reconstruction, improvement, betterment or extension of the works; and (e) provide a reserve for improvements to the works. Unless and until full and adequate provision has been made for the foregoing purposes, no district shall have the right to transfer the revenue of works to its general fund.

History:

[43-1912, added 1988, ch. 299, sec. 7, p. 947.]
Idaho Code § 43-1405 — Idaho Code / Title 43 / Chapter 14 / Section 43-1405
43-1405 EFFECT OF NEGATIVE VOTE.
Status: in_force

43-1405. Effect of negative vote. If, however, upon such canvass by said board of county commissioners, it appears that a majority of the votes cast in any district thus proposed to be consolidated is "Consolidation–no," then a record of that fact shall be entered in the same minutes of said board of county commissioners, and all the proceedings had under the preceding sections of this chapter shall be void.

History:

[(43-1405) 1903, p. 150, part of sec. 56; reen. R.C., sec. 2438; reen. C.L., sec. 2438d; C.S., sec. 4440; I.C.A., sec. 42-1405.]
Idaho Code § 43-1506 — Idaho Code / Title 43 / Chapter 15 / Section 43-1506
43-1506 CHANGE OF NAME OF IRRIGATION DISTRICTS.
Status: in_force

43-1506. Change of name of irrigation districts. The board of directors of any irrigation district of the state of Idaho may petition the district court of the county in which the lands of said irrigation district or the greater portion thereof are situated for a change of the name of such irrigation district. Such petition must specify the date of organization of the district, its present name, the name proposed, and that the board of directors deems it for the best interests of said district that the name of the district be changed, and must be signed by the directors of the district or by a majority of them. Upon filing such petition the same proceedings shall be had for effecting such change of name as are prescribed in chapter 8 of title 7 of the Idaho Code, and a certified copy of any order of the district court changing the name of such irrigation district shall be forthwith filed with the department of water resources. Any change of name under the provisions of this section shall not affect any of the rights, property or obligations of said irrigation district.

History:

[(43-1506) 1929, ch. 191, sec. 1, p. 353; I.C.A., sec. 42-1506.]
Idaho Code § 43-1919 — Idaho Code / Title 43 / Chapter 19 / Section 43-1919
43-1919 DISTRICT NOT LIABLE ON BONDS.
Status: in_force

43-1919. District not liable on bonds. Bonds issued pursuant to the irrigation district domestic water system revenue bond act shall not be a debt of the district and the district shall not be liable thereon, nor shall they be payable out of any funds other than the revenue pledged to the payment thereof. Each bond issued under the irrigation district domestic water system revenue bond act shall recite, in substance, that the bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof. Bonds may be issued under the irrigation district domestic water system revenue bond act notwithstanding and without regard to any limitation or restriction on the amount or percentage of indebtedness, or of outstanding obligations of a district.

History:

[43-1919, added 1988, ch. 299, sec. 14, p. 951.]
Idaho Code § 43-714 — Idaho Code / Title 43 / Chapter 7 / Section 43-714
43-714 RESTRICTING APPLICATION OF ALTERNATE SYSTEM OF PAYMENT.
Status: in_force

43-714. Restricting application of alternate system of payment. The provisions of this act shall not apply to irrigation districts which have arranged for the collection of the district assessments by county officers under the provisions of sections 43-728 to 43-730 inclusive.

History:

[43-714, added 1941, ch. 105, sec. 2, p. 187.]
Idaho Code § 43-2512 — Idaho Code / Title 43 / Chapter 25 / Section 43-2512
43-2512 HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION.
Status: in_force

43-2512. Hearing objections to assessment roll and confirmation. At the time appointed for hearing objections to such assessment roll, the board shall consider the engineer's report and the assessment roll and shall hear and determine all objections which have been filed by any owner of property, or his agent, to the regularity of the proceedings in making such assessment, to the correctness of such assessment, to the amount levied on any particular lot or parcel of land, including the benefits accruing thereon and the proper proportionate share of the total cost of the improvements to be borne thereby and to the inclusion of any lot or parcel of land in the proposed district. The board shall have the power: to adjourn such hearing from time to time and, in its discretion, to revise, correct, conform or set aside any assessment and to order that such assessment be made de novo; and to exclude any lot or parcel of land from an assessment roll which, in the judgment of the board, it finds will not be benefited by improvements to be made. If any assessments are increased in an amount greater than twenty percent (20%) of the amount of the assessments as set out in the notice of the hearing, then a new notice of the hearing shall be given and a new hearing held as aforesaid. No new hearing shall be required in the event that any assessments are decreased in any amount or are increased in an amount up to twenty percent (20%) of the original amount.

History:

[43-2512, added 1993, ch. 407, sec. 1, p. 1482.]
Idaho Code § 43-1704 — Idaho Code / Title 43 / Chapter 17 / Section 43-1704
43-1704 APPLICATION TO ENTER LAND.
Status: in_force

43-1704. Application to enter land. Any citizen of the United States, or any person having declared his intention to become a citizen of the United States (excepting married women), over the age of twenty-one (21) years, may make application under oath to the department of water resources to enter any of said land in an amount not to exceed one hundred sixty (160) acres for any one (1) person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the act of congress and the laws of this state relating thereto, and that the applicant has never received the benefit of the provisions of any Carey Act law to an amount greater than one hundred sixty (160) acres, including the number of acres specified in the application under consideration. Such application must be accompanied by a certified copy of a contract for the water rights, made and entered into by the person making the application with the district, which has been authorized by the department to furnish water for the reclamation of said lands; and if said applicant has at any previous time entered lands under the provisions of any Carey Act law, he shall so state in the application, together with description, date of entry and location of said land. The department shall thereupon file in its office the application and papers relating thereto, and, if allowed, issue a certificate of location to the applicant.

All applications for entry shall be accompanied by a payment of twenty-five cents (25¢) per acre, which shall be paid as a partial payment on the land if the application is allowed; and all certificates when issued shall be recorded in a book to be kept for that purpose. If the application is not allowed, the twenty-five cents (25¢) per acre accompanying it shall be refunded to the applicant. The department of water resources shall dispose of all lands accepted by the state under the provisions of this chapter at a uniform price of fifty cents (50¢) per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler.

History:

[(43-1704) R.C., sec. 2386c, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; compiled and reen. C.L. 166:4; C.S., sec. 4457; I.C.A., sec. 42-1704.]
Idaho Code § 43-1909 — Idaho Code / Title 43 / Chapter 19 / Section 43-1909
43-1909 POWERS.
Status: in_force

43-1909. Powers. In addition to the powers which it may now have, any district shall have power under and subject to the following provisions:

(a) To acquire by gift or purchase and to construct, reconstruct, improve, better or extend any works within or without the district, or partially within or partially without the district, or within any part of the district, and acquire by gift or purchase lands or rights in lands or water rights in connection therewith, including easements, rights of way, contract rights, leases, franchises, approaches, dams and reservoirs; to lease any portion of the excess or surplus capacity of any such works to any party located within or without the district, subject to the following conditions: that the capacity shall be returned or replaced by the lessee when and as needed by the district for the purposes set forth in section 43-1907, Idaho Code, as determined by the district; that the district shall not be made subject to any debt or liability thereby; and the district shall not pledge any of its faith or credit in aid to such lessee;

(b) To exercise the right of eminent domain for any of the works, purposes or use provided by this act, in like manner and to the same extent as provided in section 7-720, Idaho Code;

(c) To operate and maintain any works within or without the boundaries of the district, or partially within or without the boundaries of the district, or within any part of the district;

(d) To issue its revenue bonds hereunder to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any works;

(e) To prescribe and collect rates, fees, tolls or charges, including the levy or assessment of such rates, fees, tolls or charges against governmental units, departments or agencies, including the state of Idaho and its subdivisions, for the services, facilities and commodities furnished by works, and to provide methods of collections and penalties, including denial of service for nonpayment of the rates, fees, tolls or charges;

(f) To pledge an amount of revenue from works (including improvement, betterment or extensions thereto, thereafter constructed or acquired) sufficient to pay bonds and interest as the same shall become due, and to create and maintain reasonable reserves therefor. Such amount may consist of all or any part or portion of the revenues. In determining the cost, there may be included all costs and estimated costs of the issuance of bonds, all engineering, inspection, fiscal and legal expenses and interest which it is estimated will accrue during the construction period and for six (6) months thereafter on money borrowed or which it is estimated will be borrowed pursuant to the irrigation district domestic water system revenue bond act; and

(g) To issue bonds for the purpose of refunding any bonds theretofore issued under authority of the irrigation district domestic water system revenue bond act and to pay accrued interest and applicable redemption premiums on the bonds to be refunded, pursuant to and in the manner provided by section 57-504, Idaho Code.

History:

[43-1909, added 1988, ch. 299, sec. 4, p. 945.]
Idaho Code § 43-314 — Idaho Code / Title 43 / Chapter 3 / Section 43-314
43-314 ELECTRICAL POWER PLANTS — SALE OF SURPLUS POWER — RATIFICATION OF CONTRACT.
Status: in_force

43-314. Electrical power plants — Sale of surplus power — Ratification of contract. The question of the ratification of contracts for the sale of surplus power as provided in the preceding section shall be submitted in the same manner, and shall be governed by the same limitations and provisions as questions creating indebtedness: provided, that the form for the notices, and the form upon the prepared ballots, and the form for the returns, shall be so changed as to conform to the purposes of this and the preceding section. Notwithstanding any provisions of chapter 23, title 43, Idaho Code, or the provisions of this chapter, no election and no confirmation proceedings shall be required when the contract for construction of a hydroelectric plant by the district does not involve questions of indebtedness incurred by the district.

History:

[(43-314) 1915, ch. 50, sec. 2, p. 138; reen. C.L., sec. 2386o; C.S., sec. 4349; I.C.A., sec. 42-309; am. 2016, ch. 144, sec. 1, p. 411.]
Idaho Code § 43-204 — Idaho Code / Title 43 / Chapter 2 / Section 43-204
43-204 INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION.
Status: in_force

43-204. Increasing or decreasing number of directors — Hearing and election. Upon the filing of a petition with the board of directors of any irrigation district as provided in section 43-203 the board of directors of such district shall set a date for hearing the said petition, not less than two (2) weeks and not more than sixty (60) days after the first regular monthly meeting following the filing of such petition, and if the petition does comply with the requirements of section 43-203 then the directors shall immediately thereafter order an election upon the question, and proceed according to the laws governing elections within irrigation districts for the submission of questions of creating indebtedness.

History:

[(43-204) 1915, ch. 91, sec. 2, p. 210; reen. C.L., sec. 2378c; C.S., sec. 4333; I.C.A., sec. 42-204.]
Idaho Code § 43-341 — Idaho Code / Title 43 / Chapter 3 / Section 43-341
43-341 EFFECT ON WATER RIGHTS BY LEASING.
Status: in_force

43-341. Effect on water rights by leasing. Use of water under a lease authorized by this act shall not constitute abandonment, or be grounds for forfeiture, of the water right, and shall not be deemed a change in the place of use or in the nature of the use of the water. Any change in the point or points of diversion of water shall require approval of the director of the department of water resources as provided in section 42-222, Idaho Code, but the director shall not be required to determine whether a water right has been abandoned or forfeited, in whole or in part, before approving any change in the point of diversion.

History:

[43-341, added 1983, ch. 68, sec. 7, p. 153.]
Idaho Code § 43-221 — Idaho Code / Title 43 / Chapter 2 / Section 43-221
43-221 NUMBER OF SIGNATURES REQUIRED.
Status: in_force

43-221. Number of signatures required. When the person, demanding the recall of a director has secured sufficient signatures upon the recall petition he may submit the same to the secretary of the irrigation district for filing in his office. The number of signatures required shall be equal to twenty percent (20%) of the total number of eligible voters residing in the district as compiled by the secretary.

History:

[43-221, added 1989, ch. 337, sec. 1, p. 853.]
Idaho Code § 43-2524 — Idaho Code / Title 43 / Chapter 25 / Section 43-2524
43-2524 REISSUE OF BONDS.
Status: in_force

43-2524. Reissue of bonds. Where any bonds issued under this code are declared invalid or void by order or decree of court, which may be legally reissued, the board of such district shall, by resolution, provide for the reissuance thereof at the same rate of interest and in such amount as will cover the principal and interest due on said bonds, and the resolution providing for such reissue shall provide for the surrender and cancellation of such bonds upon which there has been a default or which have been declared invalid or void and the lien created by the levy of such assessment or assessments as herein provided shall not be deemed to have been lost or waived by such reissue but shall remain in full force and effect.

History:

[43-2524, added 1993, ch. 407, sec. 1, p. 1489.]
Idaho Code § 43-2304 — Idaho Code / Title 43 / Chapter 23 / Section 43-2304
43-2304 PUBLICATION — LEGAL REMEDIES.
Status: in_force

43-2304. Publication — Legal remedies. The resolution authorizing the issuance of any bonds or interim notes hereunder or any resolution authorizing the execution of any contract hereunder may be published one time in a newspaper of general circulation in the district. For a period of thirty (30) days from the date of such publication, any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality or legality of the proceedings authorizing the bonds, the interim notes, the execution of such contract or the legality of such resolution and its provisions or of the contract or of the bonds or interim notes to be issued pursuant thereto and the provisions securing the bonds or interim notes. After the expiration of such thirty (30) day period no one shall have any right of action to contest the validity of the contract or of the bonds or interim notes or of such proceedings or of such resolution or the validity of the pledges and covenants made in such proceedings and resolution and the contract and the bonds and interim notes and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.

History:

[43-2304, added 1978, ch. 367, sec. 1, p. 963.]
Idaho Code § 43-907 — Idaho Code / Title 43 / Chapter 9 / Section 43-907
43-907 RIGHT OF WAY OVER STATE LANDS.
Status: in_force

43-907. Right of way over state lands. The right of way is hereby given, dedicated and set apart, to locate, construct and maintain said works over and through any of the lands which are now or may be the property of the state.

History:

[(43-907) 1903, p. 150, part of sec. 36; reen. R.C. & C.L., sec. 2421; C.S., sec. 4409; I.C.A., sec. 42-907.]
Idaho Code § 43-725 — Idaho Code / Title 43 / Chapter 7 / Section 43-725
43-725 STATE LANDS SUBJECT TO ASSESSMENT.
Status: in_force

43-725. State lands subject to assessment. Lands belonging to the state to which an irrigation district has apportioned benefits pursuant to the provisions of this title shall be subject to the applicable provisions of this title for the levy and collection of assessments for such benefits.

History:

[(43-725) 1903, p. 185, sec. 59; am. 1905, p. 378, sec. 1; reen. R.C., sec. 2439; am. 1917, ch. 164, sec. 1, subd. 2439, p. 493; reen. C.L., sec. 2415a; C.S., sec. 4402; I.C.A., sec. 42-723; am. 2017, ch. 63, sec. 1, p. 153.]
Idaho Code § 43-1916 — Idaho Code / Title 43 / Chapter 19 / Section 43-1916
43-1916 BONDS — ISSUANCE — TERMS AND CONDITIONS.
Status: in_force

43-1916. Bonds — Issuance — Terms and conditions. Whenever revenue bonds are authorized to be issued, the district directors shall by resolution provide for the issuance thereof. The resolution authorizing the issuance of revenue bonds, for the purpose authorized, shall contain covenants as to:

(a) The purpose or purposes to which the proceeds of the sale of the bonds may be applied and the use and disposition thereof;

(b) The use and disposition of the revenue of the works for which the bonds are to be issued, including the creation and maintenance of reserves;

(c) The issuance of other or additional bonds payable from the revenue of the works;

(d) The operation and maintenance of works;

(e) The insurance to be carried thereon, the use and disposition of insurance moneys;

(f) Books of account and inspection and audit thereof; and

(g) The terms and conditions upon which the holders thereof or any trustee therefor shall be entitled to the appointment of a receiver which receiver may enter and take possession of works, operate and maintain the same, prescribe rates, fees, tolls or charges and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the district itself might do. The provisions of this section and of any resolution shall be a contract with the holder of the bonds and the duties of the district and its commissioners under this section and under the resolution, shall be enforceable by the holder by mandamus or other appropriate suit, action or proceedings at law or in equity.

History:

[43-1916, added 1988, ch. 299, sec. 11, p. 950.]
Idaho Code § 43-404 — Idaho Code / Title 43 / Chapter 4 / Section 43-404
43-404 APPORTIONMENT OF BENEFITS.
Status: in_force

43-404. Apportionment of benefits. Whenever the electors shall have authorized an issue of bonds as hereinbefore provided, the board of directors shall examine each tract or legal subdivision of land in said district, and shall determine the benefits which will accrue to each of such tracts or subdivisions from the construction or purchase of such irrigation works; and the cost of such works shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits; and the amount so apportioned or distributed to each of said tracts or subdivisions shall be and remain the basis for fixing the annual assessments levied against such tracts or subdivisions in carrying out the purpose of this chapter.

Such board of directors shall make, or cause to be made, a list of such apportionments or distribution, which list shall contain a complete description of each subdivision or tract of land of such district, with the amount and rate per acre of such apportionment or distribution of cost, and the name of the owner thereof; or they may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon: provided, that where all lands on any map or section of a map are assessed at the same rate, a general statement to that effect shall be sufficient.

Said list or map shall be made in duplicate and one (1) copy of each shall be filed in the office of the department of water resources and one (1) copy shall remain in the office of said board of directors for public inspection.

Whenever thereafter any assessment is made either in lieu of bonds, or any annual assessment for raising the interest on bonds, or any portion of the principal, it shall be spread upon the lands in the same proportion as the assessment of benefits, and the whole amount of the assessment of benefits shall equal the amount of bonds or other obligations authorized at the election last above-mentioned.

History:

[(43-404) 1903, p. 150, sec. 15c, as added by 1907, p. 484, sec. 1, subd. 15c; reen. R.C., sec. 2399; am. 1911, ch. 71, sec. 3, p. 194; am. 1911, ch. 154, sec. 8, p. 461; reen. C.L., sec. 2399; C.S., sec. 4362; I.C.A., sec. 42-404.]
Idaho Code § 43-411 — Idaho Code / Title 43 / Chapter 4 / Section 43-411
43-411 PAYMENT OF BONDS AND INTEREST.
Status: in_force

43-411. Payment of bonds and interest. Said bonds and the interest thereon shall be paid by revenue derived from the assessment upon the land in the district; and all the land in the district shall be and remain liable to be assessed for such payment: provided, that payment of interest may be made in accordance with the provisions of chapter 5 of this title; and provided also that the board of directors may fix rates of tolls and charges for use of water from the canals and irrigation system of the district, proportionate to the assessment and apportionment of benefits, for the purpose of paying the whole or any part of the principal or interest or both then due or next thereafter to become due. Where a toll is fixed for the payment of bond principal or interest, any portion of such toll remaining unpaid at the time fixed for levying the next annual assessment for payment of bond principal or interest, shall be added to and become part of the assessment against the land delinquent in the payment of such toll. The board in its order fixing or levying such tolls may fix the date or dates on or before which the same must be paid, may make the same payable in advance of the delivery of any water during the year for which the same are fixed, and may make provision for the collection thereof and the keeping of a toll book by the district treasurer.

History:

[(43-411) 1903, p. 150, sec. 22; am. 1907, p. 481, sec. 1, subd. 22; reen. R.C., sec. 2405; am. 1915, ch. 38, sec. 1, p. 119; compiled and reen. C.L., sec. 2405; C.S., sec. 4369; I.C.A., sec. 42-411; am. 1966 (2nd E.S.), ch. 8, sec. 2, p. 20.]
Idaho Code § 43-1825 — Idaho Code / Title 43 / Chapter 18 / Section 43-1825
43-1825 NOTICE OF ASSESSMENT.
Status: in_force

43-1825. Notice of assessment. The secretary of the district must, on or before the first day of February, deliver the assessment book or books containing the record of such separate operation and maintenance assessment to the treasurer of the district who shall, within ten (10) days, forward by mail to each landowner or entryman, at his last known post-office address as shown by the records of such district, a notice stating the amount assessed against his lands, and that said assessment is due and payable and will become delinquent at six o'clock p.m., on the first day of the following March and also the times and places when and at which assessments will be received.

History:

[(43-1825) 1917, ch. 83, part of sec. 1, p. 296; reen. C.L. 167:25; C.S., sec. 4490; am. 1921, ch. 87, sec. 3, p. 164; I.C.A., sec. 42-1825.]
Idaho Code § 43-108 — Idaho Code / Title 43 / Chapter 1 / Section 43-108
43-108 ORDER OF BOARD.
Status: in_force

43-108. Order of board. When they shall have determined to proceed with the matter, said board may adjourn such hearing from time to time, not exceeding four (4) weeks in all, and on final hearing may make such changes in the proposed boundaries as they may find proper, and shall make an order on their records describing the lands which they shall have determined to include in said district, and stating that such lands will be organized into an irrigation district if the vote of the electors thereafter to be taken on the proposition shall be favorable to such organization: provided, that any person whose lands are susceptible of irrigation from the same source may, in the discretion of the board, upon application by him, have such lands included in said district.

History:

[(43-108) 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; compiled and reen. C.L., sec. 2374e; C.S., sec. 4320; I.C.A., sec. 42-108.]
Idaho Code § 43-1603 — Idaho Code / Title 43 / Chapter 16 / Section 43-1603
43-1603 APPRAISEMENT — SALE — CONSTRUCTION WORK DEFINED — ASSESSMENT OF INITIAL COSTS.
Status: in_force

43-1603. Appraisement — Sale — Construction work defined — Assessment of initial costs. Before any state lands shall be offered for sale within an irrigation district the state board of land commissioners shall cause said lands to be appraised, showing the value of the lands exclusive of all benefits accruing to such lands by reason of the water rights and irrigation works acquired by the irrigation district, which appraisement shall not be less than ten dollars ($10.00) per acre. And when lands are sold to other purchasers than the irrigation district, the purchasers shall pay to the irrigation district within which said lands are situated the initial cost of all construction work to the same extent as though said lands had been held in private ownership at the time the construction work was done. But no maintenance or other assessments shall accrue against such land until such time as the land is actually sold. The term "construction work" as herein used shall include the erection of pump houses and electrical and other pumps or appliances for raising water to the lands, as well as dams, headgates, ditches, laterals, drainage canals and other irrigation works. These initial costs shall be assessed against purchasers of the land on such terms of payment as may be agreed upon between the state board of land commissioners and the directors of the irrigation district, and such terms shall be stated in the advertisement of such sale. Any adjustments or reductions of such initial construction charges, as may have been granted or that thereafter may be granted to any of the lands within the irrigation district, shall also be granted to the state lands.

History:

[(43-1603) 1917, ch. 40, sec. 3, p. 90; reen. C.L. 165:3; C.S., sec. 4449; am. 1927, ch. 142, sec. 1, p. 184; I.C.A., sec. 42-1603.]
Idaho Code § 43-410 — Idaho Code / Title 43 / Chapter 4 / Section 43-410
43-410 PAYMENT OF CONTRACTOR WITH BONDS.
Status: in_force

43-410. Payment of contractor with bonds. In lieu of the sale of bonds as provided in section 43-409, and the payment for construction work in cash, as provided in section 43-901, bonds authorized by the vote of the district for the purpose of acquiring or constructing irrigation works may be issued and delivered by the board of directors directly to the contractor in payment for such construction work.

History:

[(43-410) Part of R.C., sec. 2404a, as added by 1913, ch. 169, sec. 1, p. 541; reen. C.L., sec. 2404a; C.S., sec. 4368; I.C.A., sec. 42-410.]
Idaho Code § 43-1115 — Idaho Code / Title 43 / Chapter 11 / Section 43-1115
43-1115 ORDER — DETERMINATION.
Status: in_force

43-1115. Order — Determination. The board after the hearing on its proposal to exclude and the objections thereto shall order the exclusion of all or any part of the land described in the resolution when as to the land to be excluded, the board determines that:

(a) The land has not received water from the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution of the board declaring its proposal to exclude the land;

(b) The land will not be directly and presently benefited by the operations of the district;

(c) The ditch rights of other landowners in the same lateral ditch water users' association in the district will not be injured; and,

(d) The exclusion is for the best interests of the owner of the land proposed to be excluded and of the district.

History:

[(43-1115) 1972, ch. 371, sec. 6, p. 1089; am. and redesignated, 1990, ch. 181, sec. 15, p. 393.]
Idaho Code § 43-1101 — Idaho Code / Title 43 / Chapter 11 / Section 43-1101
43-1101 PETITION.
Status: in_force

43-1101. Petition. Any person or persons owning land within any irrigation district and forming a part thereof may file with the board of directors of such irrigation district a petition in writing requesting the exclusion of the land or lands owned by them and described in the petition from the irrigation district. As many parties owning separate tracts or parcels of lands in any irrigation district or who are united in interest to which the same state of facts apply, may unite in the same petition. The petition shall be signed by all of the petitioners, but need not be acknowledged. A filing fee in the amount of five dollars ($5.00) for each parcel of land described in the petition shall accompany the filing of each petition, plus an exclusion fee in the amount of twenty-five dollars ($25.00) for each lot containing less than one (1) acre which is in a subdivision as defined in section 50-1301, Idaho Code, or an exclusion fee of fifty dollars ($50.00) for each parcel containing less than one (1) acre that is not in a subdivision, or an exclusion fee of fifty dollars ($50.00) for each acre and additional portion thereof in all other parcels of property, for which the district shall provide a suitable receipt evidencing payment. Any petition not accompanied by the required filing fee and exclusion fee shall be returned to the petitioner. The filing fee and the exclusion fee are borne by the petitioner and are not potentially apportionable costs as provided in sections 43-1105, 43-1106 and 43-1107, Idaho Code.

A person or persons purchasing land under a written contract shall be deemed to be the owners of that land for purposes of this section.

History:

[43-1101, added 1905, p. 220, sec. 1; am. R.C., sec. 2434; am. 1911, ch. 46, sec. 1, p. 102; reen. C.L., sec. 2434; C.S., sec. 4422; I.C.A., sec. 42-1101; am. 1972, ch. 325, sec. 1, p. 804; am. 1974, ch. 155, sec. 1, p. 1386; am. 1978, ch. 312, sec. 1, p. 803; am. 1988, ch. 134, sec. 1, p. 241; am. 1990, ch. 181, sec. 1, p. 387; am. 2017, ch. 94, sec. 1, p. 242.]
Idaho Code § 43-733 — Idaho Code / Title 43 / Chapter 7 / Section 43-733
43-733 ASSESSMENTS FOR MEASURES TO PROTECT DISTRICT FACILITIES.
Status: in_force

43-733. ASSESSMENTS FOR MEASURES TO PROTECT DISTRICT FACILITIES. Notwithstanding any provision of title 43, Idaho Code, to the contrary, an irrigation district may determine that it is necessary to impose a special assessment to pay for physical structures or other work necessary to protect its facilities from harm caused by irrigation runoff or drainage from individual lands within the district that are on the district's assessment book prepared under section 43-701, Idaho Code. The district may issue a special assessment on such lands to perform such protective work only if the district has adopted a bylaw or resolution authorizing a special assessment for protection of district facilities from irrigation runoff or drainage from such individual lands, after notice to the landowner. When an assessment for such protective work has been authorized, the district shall assess such individual lands that are the source of irrigation runoff or drainage, the cost of such protective measures, including the annual cost of maintenance of any necessary repairs or maintenance of such protective measures, in addition to the assessments that are levied for the delivery of water to the individual landowners, and the same provisions shall apply with regard to delinquent assessments, as in the case of assessments levied for the delivery of water. The special assessments authorized under this section are subject to review by the board of corrections under section 43-703, Idaho Code.

History:

[43-733, added 2015, ch. 123, sec. 1, p. 311.]
Idaho Code § 43-114 — Idaho Code / Title 43 / Chapter 1 / Section 43-114
43-114 CANVASS OF VOTES — COMPLETION OF ORGANIZATION.
Status: in_force

43-114. Canvass of votes — Completion of organization. Immediately after any election for voting upon the organization of an irrigation district, the judges of such election shall forward the official results of said election to the clerk of said board of county commissioners. The said board of county commissioners shall meet within ten (10) days after said returns are received, and shall proceed to canvass the votes cast thereat, and if upon such canvass it appears that two-thirds (2/3) of the votes cast are "Irrigation district–yes," the said board shall, by order entered on its minutes, declare such territory duly organized as an irrigation district, under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for such several offices to be duly elected to such offices.

History:

[(43-114) 1903, p. 150, part of 3a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; reen. C.S., sec. 2377; C.S., sec. 4326; I.C.A., sec. 42-114.]
Idaho Code § 43-343 — Idaho Code / Title 43 / Chapter 3 / Section 43-343
43-343 AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE PROJECT.
Status: in_force

43-343. Authority to construct and operate ground water recharge project. Any irrigation district heretofore or hereafter organized under the laws of this state, having received and affirmatively acted upon a petition to construct a ground water recharge improvement project in the manner provided by sections 43-328, 43-329 and 43-330, Idaho Code, is authorized by section 42-234, Idaho Code, to file an application with the department of water resources to appropriate the unappropriated waters of the state for the purpose of recharging ground water basins within the district to aid in the efficient irrigation of district lands. Upon approval of the application for permit by the director of the department of water resources, the district shall proceed in the manner provided by the irrigation district laws of the state to construct and operate the recharge project. The construction and operation of the project shall be subject to such additional conditions and limitations as shall be imposed by the director of the department of water resources pursuant to sections 42-203A and 42-234, Idaho Code.

History:

[43-343, added 1985, ch. 120, sec. 4, p. 295; am. 2009, ch. 242, sec. 5, p. 744.]
Idaho Code § 43-1317 — Idaho Code / Title 43 / Chapter 13 / Section 43-1317
43-1317 BOND.
Status: in_force

43-1317. bond. The petitioners shall accompany the petition with a bond to be approved by the board of county commissioners in double the amount of the probable cost of the county organizing a new irrigation district, conditioning that the bondsman will pay all costs, in the event the new irrigation district is not organized.

History:

[43-1317, added 2013, ch. 332, sec. 5, p. 867.]
Idaho Code § 43-323 — Idaho Code / Title 43 / Chapter 3 / Section 43-323
43-323 PLACE OF USE.
Status: in_force

43-323. place of use. A change in the generally described place of use for a water right held by an irrigation district may be made without applying for a change under the provisions of section 42-222, Idaho Code, provided the district files with the department of water resources a map portraying the changes to the generally described place of use within which the district's water rights shall be exercised. For this filing requirement, it shall be sufficient to provide a drawing on a seven-and-one-half-minute (7-1/2) quadrangle map having a scale of one to twenty-four thousand (1:24,000) which shows the changes to the outer limits of the boundaries of the irrigation district to include each quarter-quarter section within which irrigation occurs. This map showing changes to the generally described place of use shall be filed with the department no later than April 1 of the year following the changes. Notwithstanding the filing of such map, only the legal description of an irrigation district's boundaries recorded in compliance with title 43, Idaho Code, shall constitute conclusive proof of the district's boundaries for purposes other than defining the generally described place of use for a water right held by the district.

History:

[(43-323) 1903, p. 150, sec. 37; reen. R.C. & C.L., sec. 2393; C.S., sec. 4356; I.C.A., sec. 42-318; am. 1998, ch. 332, sec. 3, p. 1069; am. 2019, ch. 190, sec. 8, p. 602.]
Idaho Code § 43-2548 — Idaho Code / Title 43 / Chapter 25 / Section 43-2548
43-2548 SUBROGATION OF DISTRICT TO RIGHTS OF PAYEE — SURPLUS FUNDS — PAYMENT INTO FUND — PREFERENCES.
Status: in_force

43-2548. Subrogation of district to rights of payee — Surplus funds — Payment into fund — Preferences. Whenever there shall be paid out of the local improvement guarantee fund, any sum on account of principal or interest of a local improvement bond or warrant, the district, as trustee for the fund, shall be subrogated to all the rights of the holder of the bond or interest coupon or warrant so paid, and the policies thereof, or the assessment underlying the same, shall become part of the guarantee fund. There shall be paid into the guarantee fund any surplus remaining in any local improvement fund after the payment of all outstanding bonds or warrants, payable out of such local improvement fund. Bonds or warrants guaranteed by such fund shall have no preference except in the order of presentation for payment.

History:

[43-2548, added 1993, ch. 407, sec. 1, p. 1498.]
Idaho Code § 43-318A — Idaho Code / Title 43 / Chapter 3 / Section 43-318A
43-318A TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.
Status: in_force

43-318A. Trade-in or exchange of district property. Whenever the board of directors of an irrigation district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longer economical to use, the district may, in lieu of the sale of said property as provided in section 43-318, Idaho Code, dispose of the property by exchanging the same in part payment for new or replacement property.

If the acquisition of the new or replacement property is required to be let to bid under the provisions of chapter 28, title 67, Idaho Code, the district shall include in its request for bids, a full description of the property to be exchanged as part payment, and shall permit any interested bidder to examine the same, and any contract let as a result of said bid shall be awarded on the basis of net cost to the district after allowance for the property to be exchanged in part payment.

Exchange of property will be permitted only when, in the opinion of the board of directors of the district, the sale of the property under the provisions of section 43-318, Idaho Code, will yield a lesser monetary return to the district than the exchange thereof as herein provided.

History:

[43-318A, added 1988, ch. 160, sec. 1, p. 290; am. 2005, ch. 213, sec. 13, p. 650.]
Idaho Code § 43-1001 — Idaho Code / Title 43 / Chapter 10 / Section 43-1001
43-1001 PETITION FOR ANNEXATION OF LAND.
Status: in_force

43-1001. Petition for annexation of land. The holder or holders of any title, or evidence of title, representing any body of lands, may file with the board of directors of an irrigation district a petition in writing praying that said land may be annexed. The petition shall contain a legal description of the lands, the proposed method by which water will be delivered and any other information the district may require, and the petitioners shall state under oath that petitioners hold the title of one-half (1/2) or more of said lands.

History:

[(43-1001) 1903, p. 150, sec. 44; am. 1907, p. 484, sec. 1; am. R.C. & C.L., sec. 2423; C.S., sec. 4411; I.C.A., sec. 42-1001; am. 1990, ch. 340, sec. 1, p. 924.]
Idaho Code § 43-2003 — Idaho Code / Title 43 / Chapter 20 / Section 43-2003
43-2003 INVESTIGATION OF APPLICATION — ORDER FOR RELEASE.
Status: in_force

43-2003. Investigation of application — Order for release. The director of the department of finance shall make such investigation of the application as he shall deem necessary and shall submit the same, together with his recommendations to the state board of land commissioners. If, in the opinion of the state board of land commissioners, the release of the first mortgage held by the state of Idaho and acceptance in lieu thereof of a second mortgagee will increase the value of the loan and enhance the value of the real property mortgaged to secure the payment thereof, and that the terms and conditions of said application are equitable and will protect the security of the loan made by the state of Idaho, it shall enter an order directing the release of the said first mortgage held by the state of Idaho and the acceptance of a second mortgage by the director of the department of finance in lieu thereof in such amount as shall be due the state of Idaho on said first mortgage. Said board may specify such terms and conditions to the release of said first mortgage and the acceptance of said second mortgage as it shall deem necessary.

History:

[43-2003, added 1933, ch. 194, sec. 3, p. 385; am. 1969, ch. 466, sec. 8, p. 1326.]
Idaho Code § 43-901 — Idaho Code / Title 43 / Chapter 9 / Section 43-901
43-901 CONTRACTS FOR CONSTRUCTION WORK AND PURCHASING.
Status: in_force

43-901. Contracts for construction work and purchasing. The provisions relative to competitive bidding set forth in chapter 28, title 67, Idaho Code, apply to all irrigation districts of the state of Idaho, but shall be subject to the provisions of any specific statute pertaining to the letting of any contract, purchase or acquisition of any commodity or thing by soliciting and receiving competitive bids therefor, and shall not be construed as modifying or amending the provisions of any such statute, nor preventing the irrigation district from doing any work by its own employees.

History:

[43-901, as added by 1975, ch. 49, sec. 2, p. 94; am. 1983, ch. 27, sec. 1, p. 76; am. 1984, ch. 136, sec. 4, p. 324; am. 2002, ch. 100, sec. 1, p. 275; am. 2005, ch. 213, sec. 14, p. 650.]
Idaho Code § 43-1125 — Idaho Code / Title 43 / Chapter 11 / Section 43-1125
43-1125 NOTICE — CONTENTS.
Status: in_force

43-1125. notice — contents. The notice required by section 43-1124, Idaho Code, shall contain:

(1) The information identified in section 43-1123, Idaho Code; and

(2) Notice to each person, firm, corporation and other legal entity interested in the proposed transfer to appear at the district office at the date and time fixed, and file objections in writing showing cause, if any they may have, why the land or any part of it should not be transferred as proposed in the resolution(s) of the boards of directors.

History:

[43-1125, added 2012, ch. 122, sec. 4, p. 339.]
Idaho Code § 43-2506 — Idaho Code / Title 43 / Chapter 25 / Section 43-2506
43-2506 NOTICE OF INTENTION AND HEARING.
Status: in_force

43-2506. Notice of intention and hearing. The notice of intention shall be published in the official newspaper of the district. If the district is located in more than one (1) county, the notice of intention may be published only in the county where the property to be assessed in the proposed local improvement district is located. Publication shall be in three (3) consecutive issues if a daily newspaper, or in two (2) issues if a weekly newspaper or in case no newspaper is published in such district then by posting for five (5) days in three (3) public places within the proposed local improvement district. A copy of such notice shall be mailed to each owner of property, if known, or his agent, if known, within the limits of the proposed local improvement district, addressed to such person at his post office address if known, or if unknown, to a post office in the district where the improvement is to be made. Ownership of property shall be determined as of the date of the adoption of the resolution of intent to create. The hearing shall take place not less than ten (10) days from the date of the first of said publications or postings or the date of said mailing, whichever is later.

History:

[43-2506, added 1993, ch. 407, sec. 1, p. 1478; am. 2008, ch. 301, sec. 2, p. 839.]
Idaho Code § 43-333 — Idaho Code / Title 43 / Chapter 3 / Section 43-333
43-333 RESOLUTION FOR WATER DISTRIBUTION WORKS OR SERVICES — HEARING OF OBJECTIONS — CONSTRUCTION, REPAIR OR MAINTENANCE OF IMPROVEMENT — APPORTIONMENT OF COSTS — ASSESSMENT.
Status: in_force

43-333. Resolution for water distribution works or services — Hearing of objections — Construction, repair or maintenance of improvement — Apportionment of costs — Assessment. (1) Whenever the board of directors shall deem it expedient or necessary to construct, repair or maintain ditches, flumes, dikes, aqueducts or other improvements as provided in section 43-331, Idaho Code, or to employ the services of some competent person to distribute and apportion water for any subdivision, as provided in section 43-332, Idaho Code, it shall declare such necessity by resolution.

(2) A resolution shall be posted in three (3) public places in the subdivision for five (5) days. Within ten (10) days from the date when the resolution is posted, the owner of any property within the tract may file with the secretary a written remonstrance against the proposed improvement or employment. The board hearing such remonstrances may, in its discretion, overrule any remonstrance and by a resolution order construction, repair or maintenance of the improvements. The board may either enter into a contract to complete the improvement or, in its discretion, complete the improvement under its own supervision. After the work on the improvement is completed the board shall, by resolution, apportion the costs and shall declare an assessment upon each tract benefited, which assessments shall be final and conclusive.

History:

[43-333, as added by 1973, ch. 64, sec. 6, p. 105.]
Idaho Code § 43-1502 — Idaho Code / Title 43 / Chapter 15 / Section 43-1502
43-1502 PUBLICATION OF NOTICES.
Status: in_force

43-1502. Publication of notices. Whenever in this title any notice is required to be given by publication, it shall be satisfied by publishing the same in a weekly newspaper, the same number of times consecutively as the number of weeks mentioned in the requirement. A ten (10) days' notice shall be satisfied by two (2) such publications, a twenty (20) days' notice by three (3), and a thirty (30) days' notice by five (5) such publications.

History:

[(43-1502) 1903, p. 150, sec. 60a, as added by 1907, p. 484, sec. 1; reen. R.C. & C.L., sec. 2441; C.S., sec. 4444; I.C.A., sec. 42-1502.]
Idaho Code § 43-224 — Idaho Code / Title 43 / Chapter 2 / Section 43-224
43-224 FIXING DATE FOR RECALL ELECTION — NOTICE.
Status: in_force

43-224. Fixing date for recall election — Notice. If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the secretary of the irrigation district shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the director charged shall be recalled and discharged from office. The special election shall be held not less than fourteen (14) days nor more than forty-five (45) days from the certification. Notice shall be given in the manner as required by law for all other irrigation district elections as provided in section 43-206, Idaho Code.

History:

[43-224, added 1989, ch. 337, sec. 1, p. 853.]
Idaho Code § 43-1910 — Idaho Code / Title 43 / Chapter 19 / Section 43-1910
43-1910 SUPERVISION OF WORKS.
Status: in_force

43-1910. Supervision of works. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of sections 43-1906 through 43-1920, Idaho Code, and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and control of the governing body of the district.

History:

[43-1910, added 1988, ch. 299, sec. 5, p. 946.]
Idaho Code § 43-1828 — Idaho Code / Title 43 / Chapter 18 / Section 43-1828
43-1828 DISCOUNT FOR PROMPT PAYMENT — PENALTIES FOR DELINQUENCY.
Status: in_force

43-1828. Discount for prompt payment — Penalties for delinquency. Pursuant to the provisions of section 6 of said reclamation extension act, if said operation and maintenance charge or assessment is paid on or before the date when due there shall be a discount of five per cent (5%) of such charge, but if such charge is unpaid on the first day of the third calendar month thereafter a penalty of one per cent (1%) of the amount unpaid shall be added thereto, and thereafter an additional penalty of one per cent (1%) of the amount unpaid shall be added on the first day of each calendar month if such charge and penalties shall remain unpaid and no water shall be delivered to the land of any landowner or entryman who shall be in arrears for more than one (1) calendar year for the payment of any charge for operation and maintenance, or any annual construction charge and penalties. In districts coming under this act the penalties herein provided shall, in the matter of such district operation and maintenance assessments, be a substitute for and take the place of the penalties and interest provided in section 4401 of Idaho Compiled Statutes.

History:

[(43-1828) 1917, ch. 83, part of sec. 1, p. 297; reen. C.L. 167:27; C.S., sec. 4492; I.C.A., sec. 42-1828.]
Idaho Code § 43-1009 — Idaho Code / Title 43 / Chapter 10 / Section 43-1009
43-1009 ORDER CHANGING BOUNDARIES.
Status: in_force

43-1009. Order changing boundaries. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall rescind its order and it shall be of no force or effect. But if a majority of such votes be in favor of such change, the order shall have full force and effect. Thereafter such land so annexed shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an (an) order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.

History:

[(43-1009) 1903, p. 150, sec. 51; am. 1907, p. 484, sec. 1, subd. 51; reen. R.C. & C.L., sec. 2431; C.S., sec. 4419; I.C.A., sec. 42-1009; am. 1990, ch. 340, sec. 7, p. 925.]
Idaho Code § 43-342 — Idaho Code / Title 43 / Chapter 3 / Section 43-342
43-342 LANDOWNER MAY NOT RECEIVE WATER FROM THE DISTRICT AFTER AGREEING TO LEASE WATER RIGHTS.
Status: in_force

43-342. Landowner may not receive water from the district after agreeing to lease water rights. After the effective date of any lease by an irrigation district under the authority granted by section 43-335, Idaho Code, no landowner who has elected not to receive water from the district and who owns land from which the water right has been leased and who has actual knowledge of the lease, shall use water from the community ditch, if any, by which water is carried from the district's system to his land. Any landowner violating this section shall be liable for all costs reasonably incurred by the district in enforcing the provisions of this section.

History:

[43-342, added 1983, ch. 68, sec. 8, p. 153.]
Idaho Code § 43-724 — Idaho Code / Title 43 / Chapter 7 / Section 43-724
43-724 TAX DEED — SHORT FORM.
Status: in_force

43-724. Tax deed — Short form. Upon the expiration of the period of redemption, the treasurer shall execute to the district or the holder and owner of any tax certificate a deed to the property described in said certificate, which deed shall recite that in consideration of the amount of tax (specifying the amount) for the year (naming the year) the treasurer transfers to the holder of said certificate the property therein described. Such deed shall be duly acknowledged by the treasurer and shall be bona fide evidence of the full compliance by the district and of all its officers with every act and thing required to be done as a condition to the issuance of said deed and of the full compliance with the law prerequisite to the execution of a valid tax deed and that the property has not been redeemed. Any number of descriptions of land in the same district may be included in one deed where the certificates are held by one (1) person, or the district.

History:

[(43-724) C.S., sec. 4401-A, as added by 1931, ch. 61, sec. 1, p. 104; I.C.A., sec. 42-722.]
Idaho Code § 43-101 — Idaho Code / Title 43 / Chapter 1 / Section 43-101
43-101 WHO MAY PROPOSE ORGANIZATION.
Status: in_force

43-101. Who may propose organization. Whenever fifty (50), or a majority, of the holders of title, or evidence of title, to lands susceptible of one or more modes of irrigation from the same or different sources and by the same or different systems of works, desire to provide for the irrigation of the same, or when for other reasons they desire to organize the proposed territory into one district, they may propose the organization of an irrigation district under this title: provided, said formation into one (1) district meets with the approval of fifty (50), or a majority of the holders of title, or evidence of title, to lands in each of the communities affected: provided, further, said holders of title or evidence of title shall hold such title or evidence of title to at least one-fourth (1/4) part of the total area of the land in the proposed district, exclusive of state and government land which will be assessable for the purposes of the district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this title, but other evidence may be received, including receipts or other evidence of the rights of entrymen on lands under any law of the United States or of this state, and such entrymen shall be competent signers of such petition, and the lands on which they have made such entries shall, for the purposes of said petition, be considered as owned by them.

History:

[(43-101) 1903, p. 150, sec. 1; am. 1907, p. 484, sec. 1, subd. 1; reen. R.C. & C.L., sec. 2372; C.S., sec. 4313; am. 1921, ch. 237, sec. 1, p. 529; I.C.A., sec. 42-101.]
Idaho Code § 43-215 — Idaho Code / Title 43 / Chapter 2 / Section 43-215
43-215 PETITION — WHERE FILED.
Status: in_force

43-215. Petition — Where filed. Any person making a charge shall file it with the secretary of the district, whose duty it is to receive and to promptly serve a copy of the charge upon the director whose recall is demanded.

History:

[43-215, added 1989, ch. 337, sec. 1, p. 851.]
Idaho Code § 43-615 — Idaho Code / Title 43 / Chapter 6 / Section 43-615
43-615 PAYMENT OF ASSESSMENTS IN CASH, COUPONS OR BONDS.
Status: in_force

43-615. Payment of assessments in cash, coupons or bonds. Any taxes levied for the payment of refunding bonds issued under the provisions of this act, except taxes levied for the emergency fund, may be paid in matured coupons or matured or unmatured bonds for the payment of which such taxes were levied, and the unpaid portion of any benefits apportioned or assessed against any parcel or tract of land, with interest thereon to the next interest paying date on such refunding bonds, may be paid, without any tax having first been levied for the payment thereof, to the treasurer of the district either in lawful money of the United States or by surrendering for cancellation such matured coupons or matured or unmatured bonds, which shall be accepted at their par or face value and when so received such coupons and bonds shall be cancelled.

History:

[43-615, added 1933, ch. 207, sec. 5, p. 418.]
Idaho Code § 43-1905 — Idaho Code / Title 43 / Chapter 19 / Section 43-1905
43-1905 ASSESSMENTS AND CHARGES AGAINST BENEFITED LANDS.
Status: in_force

43-1905. Assessments and charges against benefited lands. In addition to all other powers and authorities of any irrigation district now or hereafter organized under the laws of the state of Idaho, such irrigation district may, in connection with any contract with the United States under the Federal Reclamation Law (being the act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplemental thereto) for the construction, operation or maintenance of a domestic water system, together with an irrigation system, provide for the apportionment of benefits and make charges for either or both, including the levy of an annual assessment, on any bases permitted or required by the Federal Reclamation Law and by such contract, including, without limitation by reason of this enumeration, a plan in the case of a district embracing substantial areas devoted to suburban residences, under which such district is required to establish total annual assessments and charges against benefited lands for both construction payments and operation and maintenance costs, which are to be proportional, as nearly as practicable, to the relative repayment ability of the various sized operating units in single ownership, to which irrigation service is provided.

History:

[(43-1905) 1946 (1st E.S.), ch. 4, sec. 1, p. 6.]
Idaho Code § 43-334 — Idaho Code / Title 43 / Chapter 3 / Section 43-334
43-334 PROCEDURE FOR LEVY AND COLLECTION OF SPECIAL ASSESSMENT — APPEAL.
Status: in_force

43-334. Procedure for levy and collection of special assessment — Appeal. Whenever the board of directors levies a special assessment against the various tracts of land as provided in section 43-331 and section 43-332, Idaho Code, it shall be extended against the tracts of land in the same manner as other assessments are levied and extended upon the assessment rolls of the irrigation district or county. The assessments shall be collected in the same manner as other assessments are collected. An appeal may be taken from the action of the board to the district court of the county in which the land is situated. The appeal shall be taken, perfected and prosecuted in the same manner and within the same period of time as an appeal from the board of county commissioners.

History:

[43-334, as added by 1973, ch. 64, sec. 7, p. 105.]
Idaho Code § 43-110 — Idaho Code / Title 43 / Chapter 1 / Section 43-110
43-110 NOTICE OF ELECTION.
Status: in_force

43-110. Notice of election. Said board shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this title. Such notice shall describe the lands in said district with the certainty required in an ordinary deed and shall state the name of the proposed district as designated by the board of commissioners, and shall state that a map showing the lands in said district is on file in the office of the board of county commissioners, which map, if not previously made as required herein, shall be made by the petitioners after the determination of said commissioners of the question of what lands shall be included in the proposed district, and if previously made, lands added to said district or deducted therefrom by the board may be indicated thereon. Said notice shall be published for four (4) weeks prior to such election, in a newspaper published within each of said counties as aforesaid. Such notice shall require the electors to cast ballots which shall contain the words "Irrigation district–yes," or "Irrigation district–no," or words equivalent thereto, and also the name of one (1) person from each such division for director of said district.

History:

[(43-110) 1903, p. 150, sec. 2b, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2375; am. 1915, ch. 49, sec. 1, first part of subd. 2375, p. 136; reen. C.L., sec. 2375; C.S., sec. 4322; I.C.A., sec. 42-110.]
Idaho Code § 43-409 — Idaho Code / Title 43 / Chapter 4 / Section 43-409
43-409 SALE OF BONDS — ASSESSMENTS IN LIEU OF BONDS CANCELED.
Status: in_force

43-409. Sale of bonds — Assessments in lieu of bonds canceled. The board may sell said bonds from time to time, in such quantities as may be necessary and most advantageous, to raise money for the construction of said canals and works, the acquisition of said property and rights, and otherwise to carry out the object and purposes of this title.

Before making any sale the board shall, by resolution, declare its intention to sell a specified amount of the bonds, and if said bonds can then be sold at their face value and accrued interest, they may be sold without advertisement, otherwise said resolution shall state the day and hour and place of such sale, and shall cause such resolutions to be entered on the minutes, and notice of sale to be given by publication thereof at least four (4) weeks in three (3) newspapers published in the state of Idaho, one (1) of which shall be a newspaper published in the county in which the office of the board of directors is situated, if there be a newspaper published in said county, and in other newspapers at their discretion. Said notice shall state that sealed proposals will be received by the board at their office for the purchase of bonds until the day and hour named in the resolution.

At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder, or may reject all bids; but in case no bids are received, or all bids are rejected, at the time stated in the advertisement, it shall not be again necessary to advertise the sale of the same bonds, but they may be sold at any time until canceled: provided, said board shall in no event sell any of the said bonds for less than the par or face value thereof and accrued interest.

If, for any reason, the duly authorized bonds of a district cannot be sold, or if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in their discretion, cancel the same and they may levy assessments to the amount of the bonds canceled: provided, that the revenue derived from said assessments must be employed for the same purpose as was contemplated by the bond authorization; but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of said assessment have been canceled. Assessments made in lieu of bonds canceled shall be collected in the manner, and shall have the same force and effect, as assessments levied under any provision of this title: provided, that such assessment shall not, during any one (1) year, exceed ten per cent (10%) of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose, said special election to be held in the manner provided in section 43-321.

History:

[(43-409) 1903, p. 150, sec. 21; am. 1907, p. 484, sec. 1, subd. 21; reen. R.C., sec. 2404; am. 1915, ch. 143, sec. 7, p. 304; reen. C.L., sec. 2404; C.S., sec. 4367; I.C.A., sec. 42-409.]
Idaho Code § 43-1116 — Idaho Code / Title 43 / Chapter 11 / Section 43-1116
43-1116 BOARD — ENTRY OF ORDER OF EXCLUSION.
Status: in_force

43-1116. Board — Entry of order of exclusion. If the board determines from the hearing that any lot or parcel included in the proceedings should be excluded from the district, the board shall make and enter an order of exclusion in its proceedings describing each lot or parcel being excluded from the district.

If any lot or parcel proposed to be excluded shall not be excluded by such order of exclusion, the board shall make and enter an order describing each lot or parcel included in the proceedings and not excluded from the district.

History:

[(43-1116) 1972, ch. 371, sec. 7, p. 1089; am. and redesignated, 1990, ch. 181, sec. 16, p. 394.]
Idaho Code § 43-2107 — Idaho Code / Title 43 / Chapter 21 / Section 43-2107
43-2107 PUBLICATION OF NOTICE — CONTENTS.
Status: in_force

43-2107. Publication of notice — Contents. The petition may be presented to the district court or the judge thereof, at chambers, and if it satisfactorily appears from said petition that the proceedings had and taken by the district have been substantially in accordance with the requirements of this act, the court or judge shall direct said district to publish a notice for at least four (4) consecutive weeks in three (3) newspapers published within the state of Idaho and by the court deemed most likely to give notice to the creditors of said district, one (1) of which shall be published in the county in which the office of the board of directors is situated, if there be a newspaper published in such county. The notice shall be directed to the holders (without naming them) of the bonds, coupons and warrants and other creditors (without naming them) of the district directly affected by such plan, and it shall set forth in substance:

(a) A description, sufficient for identification, of the bonds, coupons, warrants and other claims that it is proposed to scale down or to pay or refund or otherwise settle or adjust pursuant to such plan.

(b) The substance of the plan of settlement and when and how it is proposed to make payment to the various classes of creditors embraced in such plan.

(c) A statement showing the approximate amount of each class of indebtedness sought to be readjusted or settled that has by the holders thereof assented to and approved such plan of settlement.

(d) And it shall notify all holders of the bonds and warrants and other creditors of the district that will be directly affected by such plan, that have not theretofore filed their written approval of said plan with the secretary of the board, to file in said cause, within ninety (90) days from the first publication of said notice, their written dissent from or objection to said proposed plan of settlement, and that the dissent or objection so filed must be verified under oath, and describe the securities sufficiently for identification held by the creditor filing such objection, and give the address at which he may be reached by mail.

The notice shall further state that if such dissent or objection be not filed with the clerk of said court within ninety (90) days from the date of the first publication of said notice, the owners and holders of such bonds, coupons and warrants, or other creditors of the district, who have failed to file such dissent or objection, will be deemed, adjudged and decreed to have assented to said plan of settlement. The notice so published shall be deemed and held to be notice to all creditors of the proceedings taken by the district and the court under this act.

History:

[43-2107, added 1933, ch. 174, sec. 7, p. 316.]
Idaho Code § 43-1914 — Idaho Code / Title 43 / Chapter 19 / Section 43-1914
43-1914 RESOLUTION PRIOR TO CONSTRUCTION — ELECTION.
Status: in_force

43-1914. Resolution prior to construction — Election. Before any district shall construct or acquire any works under this act, the directors of the district shall enact a resolution or resolutions which shall: (a) set forth a brief and general description of the works, and if the same are to be constructed, a reference to the preliminary report or plans and specifications which shall theretofore have been prepared and filed by an engineer chosen for that purpose; (b) set forth the cost thereof estimated by the engineer chosen as aforesaid; (c) order the construction or acquisition of the works; (d) direct that revenue bonds of the district shall be issued pursuant to this act in an amount as may be necessary to pay the cost of the works; and (e) contain other provisions as may be necessary in the proposal.

The resolution shall be passed and approved as provided by law for the enactment of general resolutions, but the district shall not, without the assent of a majority of the qualified electors voting at an election to be held for that purpose, issue revenue bonds for the purpose of providing funds to own, purchase, construct, extend or equip, within and without the corporate limits of the district, any works, the principal and interest of which to be paid solely from the revenue derived from rates and charges for the use of, and the service rendered by the works.

The resolution shall provide for the holding of an election and the giving of notice thereof by publication in the official newspaper of the district, the publication to be once a week for two (2) successive weeks prior to the election. The notice of election shall set forth the purpose of the resolution, the amount of bonds authorized by it, the maturity dates of the bonds, the maximum rate of interest they shall draw, the voting places, the hours between which the polls will be open and the qualifications of voters who may vote thereat. The election shall be conducted as are other district elections, provided, that any qualified elector shall be entitled to vote in the election, the provisions of section 43-111, Idaho Code, notwithstanding. The voting at the election must be by ballot, and the ballots used shall be worded substantially as follows:

In favor of issuing revenue bonds for the purposes provided by Resolution No……..

Against the issuance of revenue bonds for the purposes provided by Resolution No……..

If, at the election, a majority of the qualified electors, voting at the election, vote in favor of issuing the revenue bonds, then the district may issue the bonds and create indebtedness or liability in the manner and for the purpose specified in the resolution.

History:

[43-1914, added 1988, ch. 299, sec. 9, p. 948.]
Idaho Code § 43-1112 — Idaho Code / Title 43 / Chapter 11 / Section 43-1112
43-1112 NOTICE.
Status: in_force

43-1112. Notice. The secretary shall publish notice of such hearing for at least once a week for two (2) weeks before the date of such hearing in a newspaper published in the county in which the land proposed to be excluded is situated. If no newspaper is published in the county containing the land proposed to be excluded, notice shall be posted for the same length of time in at least three (3) public places in the district, one (1) of which notices shall be posted on the land proposed to be excluded. Notice of such hearing on such proposed exclusion shall be given by the secretary of the district by certified or registered mail to each person, firm and corporation named in the resolution.

History:

[(43-1112) 1972, ch. 371, sec. 3, p. 1089; redesignated, 1990, ch. 181, sec. 12, p. 393.]
Idaho Code § 43-227 — Idaho Code / Title 43 / Chapter 2 / Section 43-227
43-227 INVALID NAMES — RECORD OF.
Status: in_force

43-227. Invalid names — Record of. The secretary of the irrigation district shall keep a record of all names appearing thereon which are not certified to be legal residents of the district, and of all names appearing more than once thereon, and he may report the same to the prosecuting attorneys of the respective counties where such names appear to have been signed, to the end that prosecutions may be had for such violation of the provisions of this chapter.

History:

[43-227, added 1989, ch. 337, sec. 1, p. 854.]
Idaho Code § 43-404A — Idaho Code / Title 43 / Chapter 4 / Section 43-404A
43-404A CONTRACTS OF PAYMENT FOR REHABILITATION.
Status: in_force

43-404A. Contracts of payment for rehabilitation. If the reconstruction, rehabilitation, or replacement of dams, structures, or works determined necessary in accordance with section 43-401A, Idaho Code, involves a dam, structure, or works which also provide water storage, diversion, or delivery of water to water users or water user organizations for the use of said water on lands not within the boundaries of the district proposing the improvements, the district (hereinafter referred to as constructing district) may contract with such water users or water user organizations for payment by them, over a period of time not to exceed the period of any bonded indebtedness incurred by the constructing district to finance construction of the improvements, of a proportionate share of the costs of such improvements, including design, construction, land acquisition, and other related costs, to include interest on the unpaid balance of said proportionate share of such water users or water user organization at a rate equal to the average rate of interest payable by the constructing district on any bonded indebtedness incurred by it in financing the improvements.

If the water user organization contracting for payment of a proportionate share of the costs of the improvements is an irrigation district (hereinafter referred to as contracting district) organized pursuant to title 43, Idaho Code, the board of directors of such district shall negotiate a proposed contract with the constructing district. Thereafter, the question of entering into the proposed contract shall be submitted to the electors of such contracting district in a manner substantially in conformance with the provisions of section 43-401, Idaho Code. If at least two-thirds (2/3) of the electors approve the execution of the contract, the board shall confirm the proceeding as provided in connection with a bond issue, and following confirmation, the board shall execute the contract and thereafter an annual assessment to provide revenue for payment of the obligation and interest thereon shall be levied and collected on lands within the contracting district in the manner provided for assessment for payment of bonds and interest thereon. The provisions of section 43-404, Idaho Code, shall be applicable to apportionment of benefits accruing under the terms of said contract.

If the water user organization contracting for payment of a proportionate share of the costs of improvements is an operating company entitled to a lien for maintenance charges under chapter 22, title 42, Idaho Code, it shall annually assess and collect the costs of meeting its obligations under the contract as a toll, assessment, or charge under chapter 22, title 42, Idaho Code.

If the water user organization contracting for payment of a proportionate share of the costs of the improvements is a lateral ditch water user association organized and operating under chapter 13, title 42, Idaho Code, the annual costs of meeting the association's obligation under the contract shall be included in the assessment made pursuant to that chapter, and chapter 13, title 42, Idaho Code, shall apply to the collection and disbursement of said assessment.

History:

[43-404A, as added by 1973, ch. 181, sec. 2, p. 423; am. 2026, ch. 112, sec. 30, p. 576.]
Idaho Code § 43-2103 — Idaho Code / Title 43 / Chapter 21 / Section 43-2103
43-2103 REHABILITATING OR REFINANCING PLANS.
Status: in_force

43-2103. Rehabilitating or refinancing plans. The board of directors shall thereupon formulate a plan for rehabilitating the financial condition of the district and for refinancing or retiring the indebtedness of the district, which plan may include:

(a) The scaling down of any one or more of the various kinds or classes of indebtedness outstanding, whether evidenced by bonds, warrants or otherwise.

(b) Extending the time for the payment thereof.

(c) Reducing the interest thereon.

(d) Whether the same shall be paid in cash or by refunding bonds, or otherwise, and the manner of effecting the exchange or retirement of the outstanding obligations or any of them for the consideration to be paid under such plan.

(e) The time within which the plan must be approved by a majority in amount of the creditors of the district directly affected by such plan.

History:

[43-2103, added 1933, ch. 174, sec. 3, p. 316.]
Idaho Code § 43-1111 — Idaho Code / Title 43 / Chapter 11 / Section 43-1111
43-1111 RESOLUTION — CONTENTS.
Status: in_force

43-1111. Resolution — Contents. The resolution proposing to exclude such lands shall:

(a) Describe each lot or parcel proposed to be excluded;

(b) Specify the period of time during which each such lot or parcel has not received water from the water rights or through the irrigation works and system of the district;

(c) Specify the name and address of each person in possession of each such lot or parcel and of each owner thereof as the ownership appears of record in the assessment rolls of the district and of each owner thereof as the ownership appears of record in the office of the county recorder of the county in which the land is situated and of each mortgagee and other lienholder whose mortgage or lien appears of record in the office of the county recorder of the county in which the land is situated; and,

(d) Fix the time and place for hearing of the proposed exclusion, which time shall be not less than twenty-eight (28) days from the date of the adoption of the resolution.

The board may procure any survey which it deems necessary and any title reports which it deems advisable to describe each lot or parcel proposed to be excluded and to determine the names of owners and lienholders of such lands.

History:

[(43-1111) 1972, ch. 371, sec. 2, p. 1089; am. and redesignated, 1990, ch. 181, sec. 11, p. 392.]
Idaho Code § 43-303 — Idaho Code / Title 43 / Chapter 3 / Section 43-303
43-303 MEETINGS OF BOARD.
Status: in_force

43-303. Meetings of board. The board of directors shall hold a regular monthly meeting in its office, or in any other location the board deems more convenient and suitable within the boundary of the district, on the first Tuesday in every month or such date each month as it shall fix by resolution and such special meetings as may be required for the proper transaction of business. All meetings of the board shall be held in compliance with Idaho's open meetings law as provided in chapter 2, title 74, Idaho Code.

All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business. Unless otherwise provided by law, a question before the board shall be decided by a majority of the board members present. All records of the board shall be open to the inspection of any elector during business hours. Notwithstanding any other provision of law, this section and section 43-325, Idaho Code, shall be the exclusive method for inspection of records of the board.

History:

[(43-303) 1903, p. 150, part of sec. 12; am. 1907, p. 484, sec. 1; reen. R.C., sec. 2385; am. 1911, ch. 154, sec. 7, p. 461; am. 1915, ch. 86, sec. 1, p. 203; compiled and reen. C.L., sec. 2385b; C.S., sec. 4345; I.C.A., sec. 42-303; am. 1965, ch. 38, sec. 1, p. 62; am. 2015, ch. 78, sec. 1, p. 200; am. 2019, ch. 191, sec. 1, p. 603.]
Idaho Code § 43-2205 — Idaho Code / Title 43 / Chapter 22 / Section 43-2205
43-2205 JUDICIAL PROCEEDINGS TO TEST VALIDITY.
Status: in_force

43-2205. Judicial proceedings to test validity. In the event that any official required to participate in any act leading to the calling or holding of the required election, the execution of any required contract or the issuance of such bonds shall refuse to perform such act alleging as his reason illegality of the proposed election, the proposed contract or the bonds proposed to be issued, the board may institute judicial proceedings to compel such steps to be taken and legality of the election, contract or bonds to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.

History:

[43-2205, as added by 1974, ch. 1, sec. 1, p. 3.]
Idaho Code § 43-1319 — Idaho Code / Title 43 / Chapter 13 / Section 43-1319
43-1319 NOTICE OF HEARING.
Status: in_force

43-1319. notice of hearing. When a petition is presented to the board, the board shall set a time for hearing, which time shall not be less than four (4) nor more than eight (8) weeks from the date of the presentation. Notice of the time of hearing shall be published by the board at least three (3) weeks prior to the time of hearing in a newspaper of general circulation published within each of the counties in which any part of the proposed partitioned district is situated.

History:

[43-1319, added 2013, ch. 332, sec. 7, p. 868.]
Idaho Code § 43-1832 — Idaho Code / Title 43 / Chapter 18 / Section 43-1832
43-1832 APPORTIONMENT OF BENEFITS UNDER NEW CONTRACT.
Status: in_force

43-1832. Apportionment of benefits under new contract. The board of directors of any such irrigation district shall apportion the amount owing the United States to the lands of the district under such amended or new contract, and such apportionment of benefits shall be made by the board and such amended or new contract and the apportionment of benefits thereunder shall be confirmed by the district court in the manner provided by statute for the apportionment of benefits under a bond issue and for the confirmation of such contracts and apportionments of benefits.

History:

[(43-1832) 1925, ch. 147, sec. 2, p. 257; I.C.A., sec. 42-1832.]
Idaho Code § 43-1402 — Idaho Code / Title 43 / Chapter 14 / Section 43-1402
43-1402 INVESTIGATION BY DEPARTMENT OF WATER RESOURCES.
Status: in_force

43-1402. Investigation by department of water resources. Upon receiving such petitions said board of county commissioners shall request the department of water resources to investigate the conditions of such districts, and all questions affecting such proposed consolidation, and it shall make a report of the result of such investigations to the board of county commissioners not more than ninety (90) days after such request is received.

History:

[(43-1402) 1903, p. 150, part of sec. 56; reen. R.C., sec. 2438; reen. C.L., sec. 2438a; C.S., sec. 4437; I.C.A., sec. 42-1402.]
Idaho Code § 43-1804 — Idaho Code / Title 43 / Chapter 18 / Section 43-1804
43-1804 GENERAL POWERS OF BOARD CONTRACTING WITH GOVERNMENT.
Status: in_force

43-1804. General powers of board contracting with government. The said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection with such contracts, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto; and in the purchase of any property or property rights, or in acquiring or contracting for the water supply of the district, the bonds of the district may be used by the board at not less than ninety per cent (90%) of their par value, in payment.

History:

[(43-1804) Part of R.C., sec. 2386, as added by 1915, ch. 143, sec. 4, p. 304; compiled and reen. C.L. 167:4; C.S., sec. 4469; I.C.A., sec. 42-1804.]
Idaho Code § 43-2306 — Idaho Code / Title 43 / Chapter 23 / Section 43-2306
43-2306 ACTS REQUIRED.
Status: in_force

43-2306. Acts required. In the event that any official required to participate in any act leading to the execution of any required contract or the issuance of such bonds shall refuse to perform such act alleging as his reason illegality of the proposed contract or the bonds proposed to be issued, the board may institute judicial proceedings to compel such steps to be taken and legality of the contract or bonds to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.

History:

[43-2306, added 1978, ch. 367, sec. 1, p. 965.]
Idaho Code § 43-414 — Idaho Code / Title 43 / Chapter 4 / Section 43-414
43-414 INTERIM NOTES.
Status: in_force

43-414. Interim notes. In addition to the permanent financing contemplated in this chapter, the board of any district may borrow money and issue interim notes in evidence thereof whenever it is deemed advisable and in the interests of the district to borrow funds temporarily for any of the purposes herein provided in advance of permanent financing. No election shall be required on the issuance of interim notes. The board may, from time to time and pursuant to appropriate resolution, borrow money and issue interim notes to evidence borrowing for the purpose of obtaining funds for any of the purposes authorized in this chapter. Any resolution authorizing the issuance of interim notes shall describe generally the purpose for which such notes are to be issued and shall specify the principal amount, rate of interest and maturity date, which shall be the same for all interim notes and which shall be not to exceed five (5) years from the date of issue of such notes, and such other pertinent terms as may be specified in such resolution. The interim notes shall be issued from time to time by the board as funds are borrowed in the manner the board may determine. Interest on the interim notes may be made payable semiannually, annually or at maturity. The interim notes may be made redeemable prior to maturity at the option of the board in the manner and upon the terms fixed by the resolution authorizing their issuance. Such interim notes shall be sold at such price or prices as may be determined by resolution of the board. All such interim notes and the interest thereon may be secured by a pledge of the proceeds of assessments to be levied and collected by the board pursuant to the provisions of section 43-404, Idaho Code, representing the amount of benefits which will accrue to each tract or legal subdivision of land in the district based upon the allocation of the cost of the project for which permanent financing has been authorized to each such tract or legal subdivision of land, but only when there shall have been held, in said district, an election on the right of the district to issue bonds for said project, which bonds 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 this chapter. Said interim notes and the interest thereon shall be payable solely from such assessments and from the proceeds to be derived from the sale of any bonds for permanent financing authorized to be issued pursuant to this chapter, provided, however, that none of the provisions of this title requiring the filing of a petition for confirmation of proceedings taken in connection with a bond issue of any district shall apply to interim notes of said district. Contemporaneously, with the issuance of the bonds as provided by this chapter, all interim notes, even though they may not have then matured, shall be paid, both principal and interest and applicable premium, if any, to date of payment, from the funds derived from the sale of bonds authorized hereunder for the permanent financing, and such interim notes shall thereupon be surrendered and canceled.

History:

[43-414, added 1979, ch. 37, sec. 1, p. 57.]
Idaho Code § 43-1306 — Idaho Code / Title 43 / Chapter 13 / Section 43-1306
43-1306 PETITION FOR CONFIRMATION BY DISTRICT COURT.
Status: in_force

43-1306. Petition for confirmation by district court. Immediately after such election, in case the proposal has carried by a majority vote, the board of directors of the irrigation district shall file in the district court of the county in which their office is situated a petition praying in effect that the proceedings aforesaid for the modification or dissolution of the district, or for the sale or transfer of its properties, as the case may be, may be examined, approved and confirmed by the court. The petition shall set forth a full description of the land formerly embraced within said irrigation district which is affected by the proceedings for the modification or dissolution of such district, or of the property and rights proposed to be sold or transferred, as the case may be, shall set forth generally the proceedings taken with reference to the petition and the election specified in the preceding sections of this chapter, and shall set forth fully every item of legal and enforceable indebtedness of the district with the name and residence of the holder thereof so far as known to the secretary of the district. In case any items of indebtedness are in the hands of unknown owners, they shall be so listed.

History:

[(43-1306) R.C., sec. 2437d, as added by 1917, ch. 167, sec. 1, part of subd. 2437d, p. 498; reen. C.L., sec. 2437f; am. 1919, ch. 36, sec. 5, p. 132; C.S., sec. 4433; I.C.A., sec. 42-1306.]
Idaho Code § 43-1128 — Idaho Code / Title 43 / Chapter 11 / Section 43-1128
43-1128 ENTRY AND RECORDING OF ORDERS.
Status: in_force

43-1128. entry and recording of orders. If the boards of directors determine from the hearing that all or part of the lands described in the resolution should be transferred from one (1) district to another, the boards shall enter orders as follows:

(1) The board of the excluding district shall make and enter an order of exclusion that:

(a) Describes each lot or parcel being transferred;

(b) Changes the boundaries of the district to exclude such lands;

(c) States that the excluded lands shall not be entitled to receive water from the water rights or irrigation system of the excluding district;

(d) States that the excluded lands shall remain part of the excluding district for drainage purposes if the excluded lands will continue to receive drainage benefits from the excluding district;

(e) Identifies the obligations of the excluding district that will continue to apply to the lands to be transferred;

(f) Recites any other information the districts deem to be pertinent to the proposed transfer; and

(g) Provides that the order shall not become effective until the annexing district enters an order annexing the lands described in the exclusion order.

(2) The secretary of the excluding district shall deliver a copy of the exclusion order to the annexing district.

(3) As soon as practicable after receiving the exclusion order, the annexing district shall make and enter an order that the lands described in the exclusion order be annexed to the annexing district.

(4) After the annexing district has entered its order of annexation, copies of the orders of exclusion and annexation, certified by the presidents and secretaries of the districts, shall be recorded in the office(s) of the county recorder(s) of each county wherein any portion of the transferred lands are situated.

History:

[43-1128, added 2012, ch. 122, sec. 7, p. 340.]
Idaho Code § 43-2302 — Idaho Code / Title 43 / Chapter 23 / Section 43-2302
43-2302 ISSUANCE OF BONDS — TERMS AND CONDITIONS.
Status: in_force

43-2302. Issuance of bonds — Terms and conditions. The board of directors is authorized to issue the bonds of the district in the manner for which provision is made in this chapter, which bonds shall be fully negotiable for all purposes of the uniform commercial code of the state of Idaho as the same may be in force from time to time.

Bonds issued hereunder shall be authorized by resolution or resolutions of the board. They shall be in coupon form but may be made registrable as to principal only or as to both principal and interest. Such bonds shall be in denominations of one hundred dollars ($100) or a multiple thereof, shall bear interest at such rate or rates, payable annually or semiannually as the board shall elect, shall mature serially or otherwise at any time or times, shall be payable at such place or places within or without the state, may be made redeemable prior to maturity in such manner and at such premiums, shall be executed in such manner, and shall be sold in such manner and at such price or prices as may be determined by the board.

Bonds may be issued hereunder at one time or from time to time. If more than one issue or series of bonds is delivered hereunder the bonds or the respective issues or series shall have such priorities of payment as may be provided in the proceedings authorizing the bonds.

Any resolution or indenture providing for the issuance of bonds hereunder shall provide for the creation of a sinking fund into which shall be paid from the revenues pledged to such payment sums fully sufficient to pay the principal of and interest on the bonds and to create such reserves as may be required therein. Any resolution or indenture may contain such covenants with the future holders of the bonds as to the disposition of such revenues, the issuance of future bonds and the creation of future liens and encumbrances against the revenues and other pertinent matters deemed necessary or proper by the board to assure the merchantability of the bonds, provided such covenants and agreements are not inconsistent with the provisions of this chapter.

It may be provided in any such resolution or indenture that any holder of the bonds or of any of the coupons thereto attached may by appropriate legal action compel performance of all duties required of the board and the officials of the district by the provisions of title 43, Idaho Code, and the provisions of the resolution or indenture. If any bond issued hereunder is permitted to go into default, as to principal or interest, any court of competent jurisdiction may, pursuant to the application of the holder of any bond, or if applicable the trustee pursuant to a trust indenture, appoint a receiver to collect and distribute the revenues pledged to the repayment of the bonds pursuant to the provisions and requirements of the resolution or indenture and of this act and as the court may direct.

The board of any district which shall have issued any bonds under the provisions of this chapter may authorize the issuance of bonds hereunder for the purpose of refunding all or any part of such outstanding bonds. Refunding bonds may be either sold and the proceeds thereof applied to or deposited in an escrow for the retirement of the outstanding bonds or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized and secured in the manner herein provided for the issuance and securing of other bonds and may but shall not be required to have the same source of security and payment as the bonds refunded.

History:

[43-2302, added 1978, ch. 367, sec. 1, p. 961.]
Idaho Code § 43-2110 — Idaho Code / Title 43 / Chapter 21 / Section 43-2110
43-2110 APPROVAL OF PLAN BY COURT — RIGHTS OF DISSENTING CREDITORS.
Status: in_force

43-2110. Approval of plan by court — Rights of dissenting creditors. If, in the opinion of the court, the proceedings had and taken by the district are substantially in accordance with the provisions of this act, and the proposed plan of settlement is just and fair to the district and the creditors thereof, the court shall make and enter its decree confirming such proceedings, and adjudging and decreeing that all indebtedness of the district which it is sought to settle and adjust by said proposed plan shall be bound by said plan and settled accordingly, and the owners and holders thereof shall be deemed to have approved and assented to such plan of settlement as effectually and to the same extent as if they had approved such plan in writing filed with the secretary of the board as provided in this act. Provided, however, that any bonds, coupons, warrants or other evidences of indebtedness embraced in such plan of settlement, held by creditors who have filed their dissent or objections with the clerk of the court as hereinbefore provided, and who have sustained their ownership thereof by satisfactory proof, shall not be bound or affected by such plan of settlement, and the owners thereof may retain such securities and enforce the payment thereof according to any remedy available to them under the laws of the state of Idaho.

History:

[43-2110, added 1933, ch. 174, sec. 10, p. 316.]