reglab/housing_qa huggingface dataset:
ID Code § 42-5266 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5266 - PETITION FOR CONFIRMATION OF DISSOLUTION BY DISTRICT COURT.

42-5266. PETITION FOR CONFIRMATION OF DISSOLUTION BY DISTRICT COURT. Immediately after such election, in case the proposal has carried by a vote of members representing a majority of the ground water rights in the district, measured by cubic feet per second, the board shall file in the district court of the county in which the district’s office is situated a petition praying in effect that the proceedings for the dissolution of the district be examined, approved and confirmed by the court. The petition shall set forth a full description of the lands formerly embraced within the district which is affected by the proceedings for the dissolution of such district, 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 district secretary. In case any items of indebtedness are in the hands of unknown owners, they shall be so listed.  History: [42-5266, added 1995, ch. 290, sec. 1, p. 1009.]
ID Code § 42-5267 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5267 - CHARACTER OF PROCEEDINGS FOR CONFIRMATION.

42-5267. CHARACTER OF PROCEEDINGS FOR CONFIRMATION. Dissolution proceedings shall be in the nature of a suit to quiet title with respect to so much of the land and/or facilities within the district as is affected by the proposed dissolution. In such proceedings the board shall be the parties plaintiff and the holders of any obligations of the district, including obligations which are or might become liens against any of the lands, are parties defendant. The provisions of section 5-326, Idaho Code, so far as it can be made applicable, shall govern generally the force and effect of the decree; provided, that the petition may be in form against all persons having interest in or claim against the district, without naming them, and the summons, directed in the same way, and setting forth briefly the purposes of the petition, shall be by publication in the first instance or order of the court or a judge thereof and service on all parties interested, whether unknown owners, heirs, devisees, claimants or otherwise, shall be deemed complete at the time prescribed by the order for publication; and, unless answer be made by anyone interested in or making claim against said district default may be entered.  History: [42-5267, added 1995, ch. 290, sec. 1, p. 1009.]
ID Code § 42-5268 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5268 - DECREE OF CONFIRMATION.

42-5268. DECREE OF CONFIRMATION. The court or judge shall set a day for the hearing of such petition and if it appears to the court from the proof that there is no such outstanding indebtedness of such district, or in case there is any such indebtedness outstanding that the holders thereof have filed no objections to the proceedings, or have filed their consent thereto, then the court shall enter its decree confirming the said proceedings, or may hear and determine and make decree as to any controversy. The election authorized by the preceding sections of this chapter shall have no force or effect to dissolve any district until confirmed by the decree of court as herein set forth.  History: [42-5268, added 1995, ch. 290, sec. 1, p. 1009.]
ID Code § 42-5269 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5269 - DISSOLUTION WITHOUT ELECTION — PETITION — CONDITIONS.

42-5269. DISSOLUTION WITHOUT ELECTION — PETITION — CONDITIONS. (1) A ground water district may be dissolved without the holding of the election provided for in this chapter upon complaint or petition of parties holding and owning fifty percent (50%) or more, measured on the basis of cubic feet per second, of all the ground water rights within the district. (2) It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district: (a) The district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no probability that it ever will or can function in the future; (b) No useful purpose exists for the further continuance of the organization of the district; or (c) There are insufficient members to pay for the costs of operating the district.  History: [42-5269, added 1995, ch. 290, sec. 1, p. 1010.]
ID Code § 42-5270 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5270 - DISSOLUTION WITHOUT ELECTION — PARTIES.

42-5270. DISSOLUTION WITHOUT ELECTION — PARTIES. In such petition the petitioners or complainants shall be named as plaintiffs and the ground water district, and its directors, if any there are, and all persons having interest in or claim against the district, without naming them, shall be defendants. In the course of the proceedings of said case, and at any time before the final hearing thereof, any person interested may join in said case as a party plaintiff or as a party defendant, or any party interested may intervene in said case without order of the court.  History: [42-5270, added 1995, ch. 290, sec. 1, p. 1010.]
ID Code § 42-5271 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5271 - DISSOLUTION WITHOUT ELECTION — APPOINTMENT OF OFFICER TO MARSHAL ASSETS — DECREE.

42-5271. DISSOLUTION WITHOUT ELECTION — APPOINTMENT OF OFFICER TO MARSHAL ASSETS — DECREE. In the exercise of the jurisdiction given it by this act, the court shall have the power to appoint such referee, master, auditor, or receiver as may be considered necessary or proper to marshal the assets, and protect or preserve them, or ascertain the true condition of the district. After due hearing and consideration of the evidence submitted, the court shall enter a decree establishing the legal and equitable rights, interests and priorities of all parties and claimants, and may decree and direct the sale of all or any part of the properties of the district, whether real, personal or mixed, and direct the disbursement and application of the proceeds and the payment of the costs of the proceeding, and may dissolve the district, or may approve and confirm any settlement or agreement of settlement made between the parties interested in such district, if a settlement is agreed upon by them, or may direct the payment of the indebtedness of the district in the order of priority determined and established by the decree, through assessments made as in the case of the dissolution of villages, or may grant such other or further relief as may be equitable or proper on the premises.  History: [42-5271, added 1995, ch. 290, sec. 1, p. 1010.]
ID Code § 42-5272 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5272 - DISSOLUTION — APPEAL.

42-5272. DISSOLUTION — APPEAL. Each party to any proceeding for dissolution of a district under this act shall have the right of appeal as in other civil cases.  History: [42-5272, added 1995, ch. 290, sec. 1, p. 1011.]
ID Code § 42-5275 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5275 - EXERCISE OF POWERS UNDER THIS CHAPTER BY IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43.

42-5275. EXERCISE OF POWERS UNDER THIS CHAPTER BY IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43. Any irrigation district organized and operating pursuant to title 43, Idaho Code, may exercise the authorities provided under this chapter to the extent doing so does not conflict with any provision of title 43, Idaho Code.  History: [42-5275, added 1995, ch. 290, sec. 1, p. 1013.]
ID Code § 42-5276 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5276 - INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43.

42-5276. INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43. Where the water supply for lands is ground water provided by an irrigation district established under title 43, Idaho Code, and such lands are included in and subject to assessment by the irrigation district, such lands shall be included in a ground water district organized under the provisions of this chapter only if the board of the irrigation district serves notice in the same manner as that provided for nonirrigators in section 42-5214(2) and (3), Idaho Code.  History: [42-5276, added 1995, ch. 290, sec. 1, p. 1013.]
ID Code § 43-101 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-101 - WHO MAY PROPOSE ORGANIZATION.

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.]
ID Code § 43-102 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-102 - PETITION FOR ORGANIZATION.

43-102. PETITION FOR ORGANIZATION. A petition shall be first presented to the board of county commissioners of the county in which the greatest proportion of the proposed district is situated, signed by the required number of holders of title or evidence of title to the required area of such proposed district, evidenced as above provided, which petition shall set forth and describe, with the degree of certainty required by law in a tax roll, all the lands proposed to be included in said district, and shall state whether it is proposed to purchase irrigation works already in operation or to construct new works, or as the case may be, and shall pray that the same be organized into an irrigation district. The petition, together with all maps, cross sections and papers filed therewith, shall, at all proper hours, be open to public inspection at the office of the clerk of the board of county commissioners between the date of their said filing and the date of the final hearing thereon.  History: [(43-102) 1903, p. 150, part of secs. 2, 3; am. 1907, p. 484, sec. 1, subd. 2, and last part of subd. 3; compiled R.C. & C.L., sec. 2373; C.S., sec. 4314; I.C.A., sec. 42-102.]
ID Code § 43-103 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-103 - MAPS AND WATER SUPPLY DATA.

43-103. MAPS AND WATER SUPPLY DATA. If it be proposed by said petition to construct new works for the irrigation of said lands, or to purchase works only partially completed and not yet in operation, the petitioners must accompany the petition with a map of the proposed district. Said map shall show the location of the proposed canal or other works by means of which it is intended to irrigate the proposed district, and all the canals situated within the boundaries of the proposed district: provided, that canals that only pass through said lands and which do not in fact irrigate any of the same need not be shown. If said water supply be from natural streams, the flow of said stream or streams shall be stated in terms of cubic feet per second. If the water supply for said district is to be gathered by storage reservoirs, said map shall show the location of said proposed reservoirs, and shall give their capacity in acre feet. Said map shall be drawn to a scale of two (2) inches to the mile. Cross sections of the proposed canal, and all canals existing within the boundaries of said proposed district and shown on said map, and all proposed dams and embankments, shall be given in sufficient number to show the contemplated mode of construction, and the capacity shall be given in cubic feet per second of the proposed and said existing canals. Such cross sections shall be drawn to a scale of ten (10) feet to the inch, and said map and cross sections, together with an estimate of the cost of such works, shall be certified to by a well known and competent irrigation engineer.  History: [(43-103) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374; C.S., sec. 4315; I.C.A., sec. 42-103.]
ID Code § 43-104 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-104 - BOND.

43-104. BOND. The petitioners must also accompany the petition with a bond, to be approved by the said board of county commissioners, in double the amount of the probable cost to the county of organizing such district, conditioned that the bondsmen will pay all said costs, in case said organization be not effected.  History: [(43-104) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374a; C.S., sec. 4316; I.C.A., sec. 42-104.]
ID Code § 43-105 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-105 - NOTICE OF PRESENTATION TO COMMISSIONERS.

43-105. NOTICE OF PRESENTATION TO COMMISSIONERS. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing said clerk shall publish a general notice that (giving the first name on the petition) and others have filed a petition for the organization of an irrigation district. If it be proposed in said petition to construct a new canal system, such notice shall state that fact and give the numbers of the sections in which the lands are situated which it is proposed to include in said district, but if it is proposed to purchase a canal already in operation, the notice shall state that fact and give the name by which such canal system is generally known, and shall state that the lands covered by said canal system are the lands proposed to be included in such district. The notice shall further state the time at which such petition will be presented to the board of county commissioners, which time shall be during a regular meeting of said board or a special meeting called for that purpose, and such notice shall be published two (2) weeks before the day on which the same is to be presented, and if any portion of such proposed district be within another county or counties, then said notice shall be published in a newspaper published in each of said counties.  History: [(43-105) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374b; C.S., sec. 4317; I.C.A., sec. 42-105.]
ID Code § 43-106 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-106 - NOTICE OF HEARING.

43-106. NOTICE OF HEARING. When such petition is presented, the said board shall set a time for a hearing upon the same, which time shall not be less than four (4) nor more than eight (8) weeks from the date of presentation. A notice of the time of such hearing shall be published by said board, at least three (3) weeks before the time of such hearing, in a newspaper published within each of the counties in which any part of said district is situated.  History: [(43-106) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374, am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374c; C.S., sec. 4318; I.C.A., sec. 42-106.]
ID Code § 43-107 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-107 - EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSIONERS — AMENDMENT OF PLAN.

43-107. EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSIONERS — AMENDMENT OF PLAN. A copy of such petition and all maps and other papers filed with the same shall be filed in the office of the department of water resources at least four (4) weeks before the date set for such hearing. It shall be the duty of the department to examine such petition, maps and other papers, and, if it deem it necessary, to further examine the proposed district, the works proposed to be purchased, or the location of the works to be constructed, and it shall prepare a report upon the matter in such form as it deems advisable, and submit the same to the board of county commissioners at the meeting set for the hearing of said petition. Whenever the department of water resources shall report to the board of county commissioners against the organization of such district, said board of county commissioners shall refuse to further consider such petition unless it be requested in writing so to do by three-fourths (3/4) of the landowners in said proposed district, such ownership to be determined as provided in section 43-101[, Idaho Code]. At the time set for hearing the board may, on receiving an adverse report from the department, adjourn the proceedings for two (2) weeks for the purpose of enabling the petitioners to file a request for such further proceedings. In any case, the petitioners may amend such plan of irrigation at such hearing to meet the approval of the department, or as they may find advisable. It shall be the duty of the county commissioners to notify the department of water resources of the final action, either favorable or unfavorable, taken upon a petition for the formation of an irrigation district.  History: [(43-107) 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., 2374d; C.S., sec. 4319; am. 1921, ch. 172, sec. 1, p. 367; I.C.A., sec. 42-107.]
ID Code § 43-108 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-108 - ORDER OF BOARD.

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.]
ID Code § 43-109 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-109 - DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.

43-109. DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS. Such board shall also make an order dividing the district into not less than three (3) nor more than seven (7) divisions of as nearly equal size as practicable, which shall be numbered first, second, third, etc., and one (1) director, who shall be an elector and resident in the division, shall be elected from each division of the district at large, except that in districts of three thousand (3,000) acres or less the directors may be elected from qualified electors, holding title or evidence of title to land in the district and residing in the county in which some portion of the district is located. The number of divisions into which said district shall be divided shall be specified in the petition for the organization of the district, and if not otherwise specified shall be three.  History: [(43-109) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, last part of subd. 2374, p. 207; reen. C.L., sec. 2374f; C.S., sec. 4321; I.C.A., sec. 42-109; am. 1957, ch. 80, sec. 1, p. 130.]
ID Code § 43-110 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 1 - ORGANIZATION OF DISTRICT|Section 43-110 - NOTICE OF ELECTION.

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.]