reglab/housing_qa huggingface dataset:
ID Code § 42-3110 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3110 - ORGANIZATION OF BOARD — APPROVAL BY COURT.

42-3110. ORGANIZATION OF BOARD — APPROVAL BY COURT. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition praying that all of the proceedings prior thereto may be examined and approved by the court. The petition shall set forth in detail the proceedings taken prior to the entry of the order organizing the district, and the subsequent appointment and organization of the board. Upon the filing of the petition the court may require such notice to be given of the hearing on said petition as in his discretion he deems necessary and proper. At the hearing the court shall require that evidenciary [evidentiary] proof be presented of all of such proceedings taken pursuant to the rules of evidence. In the event that the court finds that all proceedings were in conformity with this act, and that all procedures were followed, and that said district was organized in conformity with this act, then the court shall make its findings of fact, conclusions of law and order confirming these proceedings. The order of the court entered upon the hearing of any petition shall be conclusive as the regularity of the proceedings unless appealed from within thirty (30) days after the entry of such order, provided that upon such appeal no bond shall be required, except for costs of the appeal, and no stay shall be allowed pending the appeal.  History: [42-3110, added 1971, ch. 300, sec. 10, p. 1219.]
ID Code § 42-3111 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3111 - COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES.

42-3111. COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES. Annually on the same day the district was organized the director shall appoint a commissioner or commissioners whose term expires. Each commissioner thereafter who may be appointed shall qualify by taking the oath and filing a bond which shall be approved in the same manner as provided in section 42-3109[, Idaho Code,] of this act. Upon the initial organization and annually thereafter on the same date, the board shall organize, by the election of one (1) of their number chairman, and one (1) of their number vice chairman. They shall elect, or appoint a secretary, who may, or may not, be a member of the board. They shall elect, or appoint a treasurer, who may, or may not, be a member of the board. The chairman shall preside at all meetings, sign all claims, except his own, which shall be signed by the vice chairman, sign all warrants in payment of claims, after the submission of such claims and thus approved by the board, and such other duties as shall be required of him by law, or prescribed by the board. The vice chairman, in the absence of the chairman, shall have the same powers and duties as the chairman. The secretary of the board shall have the duties as are prescribed by the board. He shall attend all meetings of the board, shall keep a record of the proceedings, and shall enter in said record all matters required by law, or by the board, so to be entered; and said record shall be open to inspection by any person at all reasonable times. In the absence of the secretary, the board shall appoint some person, who, as acting secretary, shall keep the record of the proceedings of the board and certify the same to the secretary, and the board. Whenever in the discretion of the board, it is deemed advisable to do so, the secretary may be placed under surety (fidelity) bond, in the manner and in the amount which shall be prescribed by the board. The treasurer appointed, or elected, by the board shall have such duties as the board may prescribe. He shall be placed under a surety (fidelity) bond issued by a surety company authorized to do business in the state, in such an amount as the board from time to time may determine. The treasurer shall keep a complete and accurate record of all of the financial affairs of the district and shall deposit all moneys of the district in the designated depository ordered by the board, and shall comply with the public depository law as now appearing, or as it may be amended.  History: [42-3111, added 1971, ch. 300, sec. 11, p. 1219.]
ID Code § 42-3112 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3112 - VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR.

42-3112. VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR. If vacancies occur in said board through death, resignation, or failure to qualify of one (1) or more of the commissioners, such vacancy shall be filled by appointment by the director and said appointee shall be from the same division of the district as the commissioner whom he is replacing, and shall serve for the unexpired term, or until his successor is appointed and qualified.  History: [42-3112, added 1971, ch. 300, sec. 12, p. 1219.]
ID Code § 42-3113 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3113 - MEETINGS OF BOARD — REGULAR — SPECIAL.

42-3113. MEETINGS OF BOARD — REGULAR — SPECIAL. The board shall designate the official location of their office, which shall be within said district. Regular meetings of the board shall be held monthly on a uniform day of a uniform week as shall be determined by the board except that by and with the prior approval of the director monthly meetings may be suspended and meetings may be held quarterly. Such regular meetings shall be held at a time and place to be fixed by the board. The board shall send a certified true copy of their order fixing the official location of their office, and the time and place of their regular meetings to the department of water resources and to any agency of the United States with whom the district is cooperating. Special meetings and adjourned meetings of the board may be called by the chairman, vice-chairman or secretary, or any quorum of the board, and may be held at any time. If the time and place of such special meeting shall not have been determined at a meeting of the board with all members being present, then notice of the time and place of such special, or adjourned meeting, shall be given each member of the board not less than three (3) days before such special meeting is to be convened; unless such notice is waived in writing, signed by all of the members of the board present and voting at such special or adjourned meeting, and the signed waiver made a part of the minutes of such meeting. A quorum for the transaction of business of the board shall consist of a majority of the members of the board. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman may vote in all cases, and, in the event he elects not to vote and in the case of a tie, then he must cast the deciding vote. All meetings, regular, special and adjourned, of the board, are declared to be public meetings open to the public. Nothing herein contained shall be construed to prevent any board from holding executive sessions from which the public may be excluded; provided that no rules, regulations, or any other official action, of any kind or character, shall be adopted at such executive sessions.  History: [42-3113, added 1971, ch. 300, sec. 13, p. 1219.]
ID Code § 42-3114 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3114 - COMPENSATION OF COMMISSIONERS.

42-3114. COMPENSATION OF COMMISSIONERS. The commissioners of the district shall fix the compensation they shall each receive for their services, not to exceed the sum of one hundred dollars ($100) per day, and shall fix the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away from their place of residence and engaged in the business of their office, subject to the limits provided in section 67-2008, Idaho Code. The commissioners shall present an itemized account under oath on forms prescribed by the board.  History: [42-3114, added 1971, ch. 300, sec. 14, p. 1219; am. 1978, ch. 244, sec. 1, p. 535; am. 2014, ch. 72, sec. 2, p. 184.]
ID Code § 42-3116 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3116 - DIRECTOR’S APPROVAL — WHEN REQUIRED.

42-3116. DIRECTOR’S APPROVAL — WHEN REQUIRED. (1) In the event that the district’s activities and operations will alter a stream channel within the meaning of section 42-3802, Idaho Code, the district shall obtain the director’s prior approval pursuant to chapter 38, title 42, Idaho Code. (2) The district’s conduct of a flood fight in response to a flooding emergency declared by the board shall not require a stream channel alteration permit, provided the district complies with the emergency waiver procedures consistent with section 42-3808, Idaho Code, and rules promulgated by the Idaho water resource board.  History: [42-3116, added 2014, ch. 72, sec. 4, p. 186.]
ID Code § 42-3118 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3118 - ELECTORS — QUALIFICATIONS.

42-3118. ELECTORS — QUALIFICATIONS. No person shall be entitled to vote at an election for the purpose of raising the authorized maximum levy or the ratification of contracts by a flood control district, or for any other purpose in connection with said district, unless at the time of the election he is: 1. An elector within the meaning of article 6, section 2, of the Constitution of the state of Idaho; and 2. A resident within the district for a period of thirty (30) or more days next preceding the election.  History: [42-3118, added 1971, ch. 300, sec. 18, p. 1219; am. 1982, ch. 254, sec. 10, p. 652.]
ID Code § 42-3119 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3119 - TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.

42-3119. TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said district in any manner which the commissioners shall decide is of the greatest advantage to the district. The powers herein granted to the commissioners shall not be denied them by reason of contrary provisions of any other statute, except that the district may not obtain title to any waters previously appropriated. (2) If in the operation of the works of the flood control district or in the removal of natural obstructions from the beds of navigable lakes, rivers, and streams between the ordinary high water marks, the district acquires rock, sand or gravel aggregates, the district may dispose of such aggregate not needed for district purposes through commercial sales or by donation to public agencies. District purposes as used in this section shall include construction or reconstruction of dikes, levees, and related access facilities. If sold through commercial sales or used for nonflood control related improvements on private land, the fees required by chapter 7, title 47, Idaho Code, shall apply and shall be paid to the state board of land commissioners. If the aggregate is donated to any public agency for use by that public agency, no fees shall be imposed or collected. (3) As used in this section, public agency means a state agency, county, municipality, or highway district.  History: [42-3119, added 1971, ch. 300, sec. 19, p. 1219; am. 1986, ch. 142, sec. 1, p. 399.]
ID Code § 42-3120 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3120 - ENLARGEMENT OF DISTRICT — PETITION.

42-3120. ENLARGEMENT OF DISTRICT — PETITION. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least one-third (1/3) of the qualified voters in the area of the proposed extension to this existing district, as shall be determined by the voters who voted in the last general election next preceding the filing of the petition for enlargement; and shall bear the indorsement of the board of the existing district certifying that the proposed enlargement is desirable.  History: [42-3120, added 1971, ch. 300, sec. 20, p. 1219.]
ID Code § 42-3121 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3121 - CONSOLIDATION OF DISTRICTS.

42-3121. CONSOLIDATION OF DISTRICTS. If the boards of commissioners of any two (2) or more flood control districts which are contiguous deem it for the best interests of their respective district that the same be consolidated into a single district, such boards may petition the director of the department of water resources, state of Idaho, for an order consolidating the said districts.  History: [42-3121, added 1971, ch. 300, sec. 21, p. 1219.]
ID Code § 42-3122 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3122 - PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING.

42-3122. PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING. Upon receiving a petition for the consolidation of two (2) or more flood control districts, the director shall investigate the condition of such districts, and all questions affecting such proposed consolidation, and within a reasonable time shall give and publish a notice of the proposed consolidation, which notice shall state a time and place where said petition will be considered by him, and any proponents of objections desiring to be heard shall be heard at such time and place. Such notice shall be published two (2) weeks in three (3) consecutive weekly issues before the date upon which the same is to be heard, in a newspaper of general circulation within each county in which any of the lands within the said proposed consolidation district are located.  History: [42-3122, added 1971, ch. 300, sec. 22, p. 1219.]
ID Code § 42-3123 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3123 - DIRECTOR’S FINDINGS ON PETITION AND HEARING.

42-3123. DIRECTOR’S FINDINGS ON PETITION AND HEARING. The director shall, at the hearing herein provided, permit any person or corporation interested in the proposed consolidation or in any of its objects or purposes, to appear and make objection to the consolidation of said district. The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing and any facts based on his own investigation and any other facts necessary for the determination of the practicability and feasibility and desirability of said consolidation.  History: [42-3123, added 1971, ch. 300, sec. 23, p. 1219.]
ID Code § 42-3124 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3124 - DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED.

42-3124. DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED. The director shall recommend for or against the consolidation, basing his decision on his findings of facts and stating his reasons. If the director shall recommend that the districts be not consolidated, nothing further shall be done, unless a new petition shall be filed in the manner herein provided. If the director shall recommend that the districts be consolidated, he may make and enter an order consolidating the districts and record said order in the office of the county recorder of each county wherein the lands in said consolidated district are located. The order shall also divide the consolidated district into not less than three (3) nor more than nine (9) divisions, and shall name the commissioners appointed by him for the consolidated district. The consolidated district shall be known and described by the name and number of the largest district of those consolidated. In the case of the consolidation of two (2) or more districts which are contiguous and already existing and concerning each of which the confirmation of proceedings has already been obtained, procedure the same in all respects as herein specified for the creation of an original flood control district shall be followed by the board of the consolidated district for the purpose of procuring a like order, or orders, of the district court touching such consolidation.  History: [42-3124, added 1971, ch. 300, sec. 24, p. 1219.]
ID Code § 42-3125 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3125 - DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION.

42-3125. DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION. The director may upon receiving a petition for consolidation of two (2) or more flood control districts, order an election to be held, subject to the provisions of section 34-106, Idaho Code, in each district. If two-thirds (2/3) of the qualified voters in each district, voting at the election, shall vote in favor of consolidation, the director shall make and enter an order consolidating the districts as in the preceding section. If fewer than two-thirds (2/3) of the qualified voters in any district voting at the election shall vote in favor of the consolidation, nothing further shall be done, unless a new petition shall be filed in the manner herein provided.  History: [42-3125, added 1971, ch. 300, sec. 25, p. 1219; am. 1995, ch. 118, sec. 62, p. 478.]
ID Code § 42-3126 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3126 - DISSOLUTION OF DISTRICT.

42-3126. DISSOLUTION OF DISTRICT. A district may be dissolved by the district court for the county in which the office of a district was last located, on complaint or petition of parties holding and owning: 1. Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or 2. Fifty per cent (50%) or more of all land located within the boundaries of such district; or 3. Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district; or 4. Upon the complaint of the director of the department of water resources. It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district: 1. That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it will ever function in the future. 2. That no useful purpose exists for the further continuance of the organization of the district. 3. That there are not sufficient qualified voters of such district to hold a legal election.  History: [42-3126, added 1971, ch. 300, sec. 26, p. 1219.]
ID Code § 42-3127 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3127 - EXCLUSION OF A DIVISION.

42-3127. EXCLUSION OF A DIVISION. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qualified electors residing within the territory of the division and the petition must: (1) Show that the division either plans to join another existing district or form a new district. (2) Describe the impacts on the remainder of the district after the division is excluded. (3) Describe the benefits to the division that will result from its exclusion from the original district. (4) Be in proper form as required by section 42-3105, Idaho Code, to proceed with the formation of a new district or be in proper form as required by section 42-3120, Idaho Code, to proceed with the addition of the division to an already existing district. (5) Present an equitable division of assets and liabilities between the division and the remaining district. Upon receipt, the director shall examine the petition, and if in proper form and if it appears that an equitable distribution of assets and liabilities can be made, the director shall proceed with the publication of notice, as described in section 42-3107, Idaho Code. The director shall, at the hearing, permit any person or corporation interested in the exclusion of the division to appear and present testimony and evidence in support of or against exclusion of the division. The director shall base his findings upon allegations in the petition, testimony and evidence presented at the hearing and any other facts necessary for the determination of the practicability and feasibility of exclusion of the division. If the director shall recommend that a division should be excluded, he shall make and enter his findings in the form of a petition to the district court for the county in which the largest portion of the division is located. The district court may then order the exclusion of a division. If the director shall determine that a division should not be excluded, nothing further shall be done, unless a new petition is filed in a similar manner as described above. At such time as the division is excluded by the district court, the new district or enlargement of an existing district shall be ordered by the director in accordance with section 42-3108, Idaho Code. The director may redivide the district from which the division was excluded in order to meet the requirements of section 42-3106, Idaho Code.  History: [42-3127, added 1984, ch. 240, sec. 1, p. 586.]
ID Code § 42-3128 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 31 - FLOOD CONTROL DISTRICTS|Section 42-3128 - EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES.

42-3128. EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES. The distribution of assets and liabilities made necessary by the exclusion of a division from a flood control district pursuant to section 42-3127, Idaho Code, shall be established by decree of the district court. In order to establish the distribution of assets and liabilities between the remaining district and the excluded division, the court may consider the director’s findings and recommendations, county tax records and district records.  History: [42-3128, added 1984, ch. 240, sec. 2, p. 587.]