reglab/housing_qa huggingface dataset:
ID Code § 42-5114 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5114 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.

42-5114. POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT. In order to secure funds for the repair or abandonment of wells in the district, the board of directors may, by resolution duly adopted and entered upon the minutes, incur indebtedness by contract with a money-lending institution; provided, however, that the term of such indebtedness shall not exceed ten (10) years. To secure the repayment of any indebtedness so incurred, the board shall levy assessments over the term of the indebtedness in amounts sufficient to repay the interest and principal as it falls due. Such assessments shall be levied in the manner and shall be subject to the limitations set forth in section 42-5113, Idaho Code, and may only be levied if the indebtedness has been approved at the election contained in sections 42-5115 through 42-5119, Idaho Code.  History: [42-5114, added 1987, ch. 349, sec. 1, p. 771.]
ID Code § 42-5117 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5117 - JUDICIAL PROCEEDINGS TO TEST VALIDITY.

42-5117. 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 or the execution of any required contract shall refuse to perform such act alleging as his reason illegality of the proposed election or the proposed contract, the board may institute judicial proceedings to compel such steps to be taken and legality of the election or the contract 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: [42-5117, added 1987, ch. 349, sec. 1, p. 774.]
ID Code § 42-5118 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5118 - TAX EXEMPTION.

42-5118. TAX EXEMPTION. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.  History: [42-5118, added 1987, ch. 349, sec. 1, p. 774.]
ID Code § 42-5119 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5119 - LIBERAL CONSTRUCTION.

42-5119. LIBERAL CONSTRUCTION. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.  History: [42-5119, added 1987, ch. 349, sec. 1, p. 774.]
ID Code § 42-5120 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5120 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.

42-5120. LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY. If in any year the board of directors fails to levy assessments for the repayment of indebtedness in amounts sufficient to meet a payment or payments falling due, the lender may bring an action in the district court of any county in which the district is situated to compel the board to levy assessments in amounts sufficient to insure the payment thereof; provided, however, that the board may not be compelled to increase assessments for the repayment of indebtedness if the maximum annual assessment limitation specified in section 42-5113, Idaho Code, will be exceeded thereby. In the event that the maximum annual assessment limitation has been reached and the assessments for repayment of indebtedness nevertheless will be insufficient to meet a payment or payments falling due, the lender may, in the alternative, seek an order requiring that moneys received by the district in payment of assessments for all purposes be first expended for the repayment of that portion of the indebtedness falling due.  History: [42-5120, added 1987, ch. 349, sec. 1, p. 775.]
ID Code § 42-5121 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5121 - LIEN OF ASSESSMENT.

42-5121. LIEN OF ASSESSMENT. From and after January 1 of any year, all assessments, other than those levied against municipalities, shall be liens against the property of water users to which the water rights used to determine assessments are appurtenant. Such liens shall not be removed until the assessments are paid or the property is sold for the payment thereof.  History: [42-5121, added 1987, ch. 349, sec. 1, p. 775.]
ID Code § 42-5122 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5122 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.

42-5122. PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES. Assessments shall be due and payable on or before December 31 of each year. On or before the first day of December, the treasurer of the district shall publish a notice for a period of not less than two (2) weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated setting forth the date by which assessments must be paid and the times and places at which payment may be made. The treasurer of the district shall mail by regular mail a billing to each water user. The billing shall be mailed on or before the first day of December. Assessments unpaid on December 31 shall be delinquent and shall bear interest at the rate of fifteen percent (15%) per annum until paid. Delinquent assessments, in addition, shall be subject to a penalty in the amount of fifteen dollars ($15.00) per delinquent assessment. The maximum annual assessment limitation specified in section 42-5113, Idaho Code, shall apply only to the amount of the assessment itself, and the interest and penalty herein prescribed shall be collectible along with the amount of the delinquent assessment, notwithstanding that the assessment itself is at the maximum specified in that section.  History: [42-5122, added 1987, ch. 349, sec. 1, p. 775.]
ID Code § 42-5123 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5123 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.

42-5123. ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST. On or before the 15th day of January of each year the treasurer shall enter the amount of all delinquent assessments upon the assessment book, which entry shall be considered to be dated as of the first day of January. Such entry shall have the force and effect of a sale to the treasurer of the district as grantee in trust for the district of all property to which a lien has attached as a result of such unpaid assessments. The treasurer shall compile a list of such delinquency entries which shall contain the names of the persons or entities to whom the assessments were directed and the amount of such delinquent assessments together with the amount of the penalties to be added thereto. A certified copy of the delinquency list shall be filed with the county recorder of each county in which the properties affected by such delinquent assessments are located, and the treasurer shall then provide by certified mail a notice of delinquency to each water user having a delinquent assessment.  History: [42-5123, added 1987, ch. 349, sec. 1, p. 775.]
ID Code § 42-5124 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5124 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.

42-5124. REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS. The manner in which property subject to a lien for nonpayment of assessments may be redeemed, and if not redeemed, shall be sold as provided in sections 43-712, 43-715 through 43-721, 43-724 and 43-726, Idaho Code, to the extent that the provisions thereof are in keeping with the provisions of this chapter.  History: [42-5124, added 1987, ch. 349, sec. 1, p. 776.]
ID Code § 42-5125 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5125 - WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.

42-5125. WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT. (1) All water users, as defined in subsection (1) of section 42-5102, Idaho Code, included within the district and who have not obtained exclusion as hereinafter provided, shall remain within and be subject to assessment by the district, notwithstanding the absence of their signatures on the petition for formation of the district, and notwithstanding any change in the ownership or control of the property of the water user, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which the water right or rights used to determine assessments are appurtenant. Municipal water users, as defined in subsection (2) of section 42-5102, Idaho Code, included within the district shall remain upon their election, within and be subject to assessment by the district unless excluded in the manner hereinafter provided. (2) Any water user, as defined in subsection (1) of section 42-5102, Idaho Code, who has obtained exclusion from the district, but who nevertheless is benefited by the district, shall remain excluded; provided, however, that any person or entity succeeding the water user in the ownership or control of property, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which is appurtenant a water right that, barring the exclusion, would have been used to determine assessments, shall be deemed included within and subject to assessment by the district. (3) Any individual or entity whose permit to appropriate water was acquired after the formation of the district but who qualifies as a water user under subsection (1) of section 42-5102, Idaho Code, in all other respects, shall be deemed included within and subject to assessment by the district if benefited either directly or indirectly by the district.  History: [42-5125, added 1987, ch. 349, sec. 1, p. 776.]
ID Code § 42-5126 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5126 - EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.

42-5126. EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION. (1) After the formation of the district, any water user included within the district may file with the board of directors a petition in writing, praying for exclusion from the district. All water users seeking exclusion as are united in interest or to which the same state of facts apply may unite in the same petition. The grounds for exclusion and the time limitations for filing any petition hereunder shall be as follows: (a) The water user will not be benefited by the functioning of the district. A petition alleging this ground for exclusion must be filed within ninety (90) days after the adoption of a resolution to incur indebtedness as authorized in section 42-5114, Idaho Code. Any such petition filed after the ninety (90) day period has elapsed shall not be accepted or considered, except upon a showing of good cause for the delay. (b) The water user has not benefited by the functioning of the district. A petition alleging this ground for exclusion shall be filed no earlier than five (5) years after the adoption of a resolution to incur indebtedness as authorized in section 42-5114, Idaho Code. (c) A petition alleging either of the foregoing grounds for exclusion shall be acknowledged by all the petitioners and shall state in detail the reasons why it is claimed that the petitioners should be excluded from the district. (2) Immediately after the formal appointment, the board of directors shall cause notice of the deadline for filing petitions under the provisions of subsection (1) of this section and a copy of the order of formation of the district and a map indicating the boundaries of the district to be posted in three (3) public places in each county in which a part of the district is situated. In addition, the board shall publish notice of the deadline and the location at which the order of formation and map of the district may be inspected for at least four (4) successive weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated.  History: [42-5126, added 1987, ch. 349, sec. 1, p. 777.]
ID Code § 42-5127 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5127 - HEARING — NOTICE — ENTRY OF ORDER.

42-5127. HEARING — NOTICE — ENTRY OF ORDER. (1) The petition shall be heard by the board of directors within sixty (60) days of filing of the petition and if no hearing is held within that time the petitioner or petitioners shall be deemed excluded from the district. If, prior to the date set for the hearing, the board issues an order excluding the petitioner or petitioners, no hearing need be held. The board shall give each petitioner notice of the time and place of the hearing in writing not less than fifteen (15) days prior to the hearing. It shall be sufficient to mail such notice by certified or registered mail to each petitioner’s mailing address as indicated on the petition. (2) At the hearing, if any, the petitioner or petitioners must establish by competent evidence the allegations of the petition. The chairman of the board is hereby empowered to administer oaths for the purpose of the hearing. If the allegations of the petition are established the board shall enter an order excluding the petitioner or petitioners, or any of them, from the district, which order shall reflect the nature of any outstanding and/or continuing liabilities to which the petitioner so excluded shall remain subject under the provisions of section 42-5129, Idaho Code.  History: [42-5127, added 1987, ch. 349, sec. 1, p. 777.]
ID Code § 42-5128 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5128 - APPEAL.

42-5128. APPEAL. An appeal shall lie from a decision of the board of directors denying the petition or any part thereof to the district court of the county where the water user or water users are located. The appeal shall be taken in the same manner as appeals are taken from the board of county commissioners. If the district court excludes the water user or water users, or any of them, the time of exclusion shall date from the time of the hearing before the board of directors. The order of the district court excluding a water user or water users shall reflect the nature of any outstanding and/or continuing liabilities to which each water user so excluded shall remain subject under the provisions of section 42-5129, Idaho Code.  History: [42-5128, added 1987, ch. 349, sec. 1, p. 778.]
ID Code § 42-5129 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5129 - EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.

42-5129. EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS. Any water user excluded from the district on the grounds specified in subsection (1) of section 42-5126, Idaho Code, shall not be subject to assessment by the district for any purpose. Any water user excluded from the district on the grounds specified in subsection (2) of section 42-5126, Idaho Code, shall not be subject to assessment for operation of the district or for assessment expenses after the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but shall remain subject to the following liabilities until discharged: (1) Such excluded water user shall remain liable for payment of assessments previously levied and unpaid at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion. (2) Such excluded water user, notwithstanding his exclusion, shall remain liable to pay his proportionate share, such share to be computed as specified in section 42-5113, Idaho Code, of any indebtedness of the district already incurred and outstanding at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but such water user shall not be liable upon any indebtedness incurred thereafter. Any water user, as defined in section 42-5102, Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein shall, in addition, remain subject to the provisions of sections 42-5121, 42-5122, 42-5123 and 42-5124, Idaho Code, until such liabilities have been discharged. Upon the discharge of any liability, the district shall issue to the water user its certificate of full payment executed by the chairman of the board and the secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the property of the water user affected by such liability and the discharge thereof is situated.  History: [42-5129, added 1987, ch. 349, sec. 1, p. 778.]
ID Code § 42-5130 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5130 - COSTS.

42-5130. COSTS. On appeal, costs shall be taxed as in other civil cases. Costs of recording the order of exclusion shall be borne by petitioners when the order is entered by the board of directors and by the ground water management district when entered by the district court.  History: [42-5130, added 1987, ch. 349, sec. 1, p. 778.]
ID Code § 42-5131 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5131 - EXCLUSION TO BE RECORDED.

42-5131. EXCLUSION TO BE RECORDED. The decision and order of the board of directors, or of the district court in case of appeal, excluding the petitioner or petitioners from the district shall be filed for record in the recorder’s office of the counties within which the district is situated.  History: [42-5131, added 1987, ch. 349, sec. 1, p. 779.]
ID Code § 42-5132 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS|Section 42-5132 - SEVERABILITY.

42-5132. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.  History: [42-5132, added 1987, ch. 349, sec. 1, p. 779.]
ID Code § 42-5202 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5202 - ESTABLISHMENT OF GROUND WATER DISTRICTS.

42-5202. ESTABLISHMENT OF GROUND WATER DISTRICTS. Whenever fifty (50) or a majority, whichever is less, of the ground water users in a particular geographic area desire to organize a ground water district, they may propose the organization of a district and the election of its initial board of directors under this chapter.  History: [42-5202, added 1995, ch. 290, sec. 1, p. 985.]
ID Code § 42-5203 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5203 - PETITION FOR ORGANIZATION — MAP — BOND.

42-5203. PETITION FOR ORGANIZATION — MAP — BOND. (1) A petition shall be first presented to the county commission of the county in which the greatest proportion of cubic feet per second of ground water rights of the proposed district is situated, which petition shall: (a) Be signed by the required number of ground water users in such proposed district; (b) State that the petitioners desire to have their lands included within and subject to the assessments of the district for purposes consistent with this chapter; (c) Set forth and describe by township, range and section, with the degree of certainty required by law in a tax roll, the boundary of the area where, if a ground water user is located within that boundary, that ground water user would be included in a ground water district, and shall request that the area described be organized into a ground water district; (d) Propose a name for the district; (e) Be accompanied by a list, identifying the ground water users within such proposed district by name, address, ground water right number, point of diversion, and cubic feet per second per ground water right, certified by the director of the department of water resources as accurately reflecting the records of the department; (f) Be accompanied by a map which shall indicate the proposed boundaries of the district, and which may propose division boundaries as specified in section 42-5208, Idaho Code; (g) Propose between three (3) and seven (7) divisions and division boundaries; (h) Include nominations for a director for each division, each of which shall be signed by not less than six (6) ground water users in the proposed district; (i) Be accompanied by bond, to be approved by the county commission, in double the amount of the probable cost to the county and the department of organizing such district, conditioned that the bondsmen will pay all said costs, in case organization of the district is unsuccessful. (2) The petition, together with all maps and papers filed therewith, shall, during the county’s office hours, be open to public inspection at the office of the county clerk between the date of filing and the date of the final hearing thereon. The boundaries specified in the petition shall be proposed in such manner that the greatest distance between two (2) wells in the district shall be no more than thirty (30) miles unless good cause is shown to the county commission for including a larger area. (3) Lands of ground water users do not have to be contiguous within a ground water district, and such district may be organized even though its boundaries may overlap with other districts formed pursuant to title 43, Idaho Code, or other titles of the Idaho Code. (4) If the district is organized, the costs of organization shall be assessed against the members of the district.  History: [42-5203, added 1995, ch. 290, sec. 1, p. 985.]