reglab/housing_qa huggingface dataset:
ID Code § 42-2509 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS|Section 42-2509 - RIGHTS OF LIENHOLDERS PROTECTED.

42-2509. RIGHTS OF LIENHOLDERS PROTECTED. No water right or any portion thereof shall be transferred from one tract of land to another under the provisions of this chapter where there is a valid existing mortgage or other lien or encumbrance on the land to which such water right is appurtenant without the consent of the holder of such mortgage or other lien or encumbrance, which consent shall be evidenced by an instrument in writing executed and acknowledged as other instruments relating to the conveyance of real estate.  History: [(42-2509) 1917, ch. 159, sec. 10, p. 484; reen. C.L. 130:10; C.S., sec. 3060; I.C.A., sec. 41-2109.]
ID Code § 42-2701 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2701 - SALES UNDER GOVERNMENT IRRIGATION WORKS.

42-2701. SALES UNDER GOVERNMENT IRRIGATION WORKS. Whenever the United States shall, through its proper officers, authorize the construction of any irrigation works in this state under the provisions of the Reclamation Act of June 17, 1902, no lands belonging to the state whose irrigation depends upon the construction of such works shall, after such authorization for construction shall have been publicly announced or communicated by such proper officer to the governor of the state, be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state, until the applicant therefor shall have fully complied with the provisions of the laws of the United States, and the regulations thereunder, concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued.  History: [(42-2701) 1905, p. 373, sec. 2; reen. R.C., sec. 1583; reen. C.L. 131:1; C.S., sec. 3069; I.C.A., sec. 41-2301.]
ID Code § 42-2702 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2702 - SALES UNDER GOVERNMENT IRRIGATION WORKS — LIMITATION OF TIME TO APPLY FOR WATER.

42-2702. SALES UNDER GOVERNMENT IRRIGATION WORKS — LIMITATION OF TIME TO APPLY FOR WATER. In all contracts for the sale of lands, hereafter made, the irrigation of which depends upon the construction of irrigation works under the provisions of the Reclamation Act of June 17, 1902, it shall be provided that the purchaser shall apply for a water right from the government works, and subscribe such lands in the water users’ association of the project in which they are located, within one (1) year after said contract of purchase is made, or in case there should be no association, at the time of the sale of the state lands, to which such subscription can be made, it shall be provided in said contract, that such application and subscription shall be made within one (1) year after such association is formed, and upon failure of the purchaser or purchasers to comply with the provisions of this section, the lands so purchased shall revert to the state together with the payment or payments made thereon, as fully and completely as if no sale had ever been made.  History: [(42-2702) R.C., sec. 1583a, as added by 1909, p. 70; reen. C.L. 131:2; C.S., sec. 3070; I.C.A., sec. 41-2302.]
ID Code § 42-2703 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2703 - CONTRACTS WITH FEDERAL GOVERNMENT FOR IRRIGATION OF STATE LANDS.

42-2703. CONTRACTS WITH FEDERAL GOVERNMENT FOR IRRIGATION OF STATE LANDS. The state land board is hereby authorized and directed on behalf of the state to make and enter into suitable contracts with the secretary of the interior to provide for the irrigation of state lands within or adjacent to the national irrigation projects constructed or to be constructed in this state under the provisions of the act of congress of June 17, 1902, known as the reclamation act, and to provide for increasing the capacity of the irrigation works of such projects and extending them and perfecting them to provide for the irrigation of such state lands.  History: [(42-2703) 1909, p. 331, sec. 1; reen. C.L. 131:3; C.S., sec. 3071; I.C.A., sec. 41-2303.]
ID Code § 42-2704 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2704 - CONTINUING APPROPRIATION OF CAREY ACT TRUST FUND.

42-2704. CONTINUING APPROPRIATION OF CAREY ACT TRUST FUND. The funds accumulated and to be accumulated under the provisions of section 42-2018[, Idaho Code,] are hereby appropriated for the purpose of carrying out the provisions of such contracts between the state land board and the secretary of the interior and for making the payments provided for therein: provided, that no obligations shall be incurred under this chapter in excess of the amount available in said fund.  History: [(42-2704) 1909, p. 331, secs. 2, 3; reen. C.L. 131:4; C.S., sec. 3072; I.C.A., sec. 41-2304.]
ID Code § 42-2705 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2705 - FUNDS EXPENDED UNDER DIRECTION OF SECRETARY OF THE INTERIOR.

42-2705. FUNDS EXPENDED UNDER DIRECTION OF SECRETARY OF THE INTERIOR. It may be provided in such contracts that the fund appropriated herein may be used under the direction of secretary of interior to supplement such funds as may be available for this purpose from the national reclamation fund under the act of congress of June 17, 1902, for the irrigation of said state lands.  History: [(42-2705) 1909, p. 331, sec. 4; reen. C.L. 131:5; C.S., sec. 3073; I.C.A., sec. 41-2305.]
ID Code § 42-2706 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2706 - REIMBURSEMENT OF CAREY ACT TRUST FUND.

42-2706. REIMBURSEMENT OF CAREY ACT TRUST FUND. Provision shall be made for the collection of all sums expended by the state under this chapter and their return to the state is not to exceed ten (10) annual installments, said installments to be collected and returned to the state at the same times and in similar manner as may be provided for the collection of the installments due to the national government. Such installments when returned to the state shall constitute a trust fund in the hands of the state treasurer to be used only for the reclamation of other arid lands.  History: [(42-2706) 1909, p. 331, secs. 5, 6; reen. C.L. 131:6; C.S., sec. 3074; I.C.A., sec. 41-2306.]
ID Code § 42-2707 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2707 - CONVEYANCE OF PROPERTY TO UNITED STATES AUTHORIZED.

42-2707. CONVEYANCE OF PROPERTY TO UNITED STATES AUTHORIZED. Whenever the board of county commissioners of any county shall adjudge that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to convey real property belonging to the county, however acquired, whether by tax foreclosure or in any other manner, not necessary for the use of the county, to the United States of America for use in connection with federal projects within the scope of the federal Reclamation Act of June 17, 1902, and federal acts amendatory thereof and supplemental thereto, for the reclamation and irrigation of arid lands, such board of county commissioners, by majority vote, are hereby authorized to convey such property to the United States of America for use in connection with such federal projects as aforesaid for the reclamation and irrigation of arid lands.  History: [42-2707, added 1943, ch. 108, sec. 1, p. 210; am. 1945, ch. 28, sec. 1, p. 35.]
ID Code § 42-2708 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2708 - PROCEDURE FOR MAKING CONVEYANCE.

42-2708. PROCEDURE FOR MAKING CONVEYANCE. Before making any such conveyance, the board of county commissioners shall enter a resolution declaring the intention of such board to make a conveyance of real property under authority of this act, and shall cause notice thereof to be published for at least two (2) weekly issues of the official newspaper of said county before final action shall be taken, specifying the time and place where objections to such action may be filed and the time when such objections will be considered. Provided; that if no newspaper is published in said county, such notice may be given by posting such notice in three public places in the county, one (1) of which shall be at the county court house, in the place provided for posting similar notices, for a period of at least ten (10) days immediately preceding the time fixed for hearing objections.  History: [42-2708, added 1943, ch. 108, sec. 2, p. 210.]
ID Code § 42-2709 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE|Section 42-2709 - DETERMINATION OF CONSIDERATION.

42-2709. DETERMINATION OF CONSIDERATION. If no objections are filed or objections are overruled, the board may then convey the real property proposed in said resolution to be conveyed, as herein authorized; such conveyance may be for such consideration as may be determined by said board.  History: [42-2709, added 1943, ch. 108, sec. 3, p. 210.]
ID Code § 42-2801 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2801 - BOARD OF COUNTY COMMISSIONERS — AUTHORITY IN IRRIGATION AND DRAINAGE PROCEEDINGS.

42-2801. BOARD OF COUNTY COMMISSIONERS — AUTHORITY IN IRRIGATION AND DRAINAGE PROCEEDINGS. The boards of county commissioners of the several counties of the state of Idaho are hereby authorized and empowered to make all necessary orders for and cause to be constructed and maintained public drainage or irrigation systems, reservoirs, drains and ditches and other irrigation or drainage works for the irrigation or drainage of lands lying in said counties, and for such purposes, to enter into contracts for the construction or use of reservoirs and other irrigation or drainage works, constructed or to be constructed by the United States under the provisions of the federal reclamation laws, or for such works built or to be built by other parties or agencies and to take all steps and do all acts necessary or proper to secure an ample water supply for the lands in the county requiring irrigation and adequate drainage works for the lands requiring drainage, and to promote the beneficial use of the public waters of the state and the health and general welfare of the county by means of such works: provided, that nothing herein contained shall be construed to give such board of county commissioners authority over irrigation works except those acquired or constructed by the several counties under the provisions of this chapter: provided, also, that no county bonds shall be issued or sold for such purposes until such indebtedness has been authorized by two-thirds (2/3) of the electors of the county (having the qualifications provided in section 42-2803, Idaho Code,) voting at an election to be held, subject to the provisions of section 34-106, Idaho Code, for such purpose.  History: [(42-2801) 1921, ch. 222, sec. 1, p. 492; I.C.A., sec. 41-2401; am. 1995, ch. 118, sec. 59, p. 474.]
ID Code § 42-2802 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2802 - ENLARGEMENT OF EXISTING WORKS — PURCHASE AND COMPLETION OF INCOMPLETE WORKS — PURCHASE AND COMPLETION OF PAYMENTS ON PARTIALLY PAID STORAGE RIGHTS.

42-2802. ENLARGEMENT OF EXISTING WORKS — PURCHASE AND COMPLETION OF INCOMPLETE WORKS — PURCHASE AND COMPLETION OF PAYMENTS ON PARTIALLY PAID STORAGE RIGHTS. The board of county commissioners may enlarge, improve or extend existing reservoirs, canals and other irrigation and drainage works to provide for the irrigation or drainage of additional lands in such county, or to improve the water supply or drainage for such lands, and may contract with the owners of existing irrigation or drainage works to provide for such enlargement, improvement or extensions, and may purchase and complete incomplete irrigation or drainage works and may purchase assignments of partially paid reservoir or storage rights and the assignment of such contracts, and may complete payment thereon and acquire such storage and reservoir rights for the reclamation or more complete irrigation of lands in such county, and in so doing shall proceed in similar manner as in the case of entirely new works but subject to the same condition as to approval of the bond issue by the electors of the county.  History: [(42-2802) 1921, ch. 222, sec. 2, p. 492; I.C.A., sec. 41-2402.]
ID Code § 42-2803 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2803 - ELECTION PROCEDURE SAME AS IN OTHER COUNTY BOND ELECTIONS.

42-2803. ELECTION PROCEDURE SAME AS IN OTHER COUNTY BOND ELECTIONS. In calling and holding such elections and canvassing the vote and in all other proceedings not otherwise provided herein, the board of county commissioners shall follow the procedure prescribed by law for county bond elections, and at such elections to authorize indebtedness, the electors shall have the qualifications prescribed by section 31-1903[, Idaho Code,] for other county bond elections, and in addition thereto must be taxpayers in said county.  History: [(42-2803) 1921, ch. 222, sec. 3, p. 492; I.C.A., sec. 41-2403.]
ID Code § 42-2804 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2804 - PETITION — DEPOSIT OF PETITIONERS.

42-2804. PETITION — DEPOSIT OF PETITIONERS. Before any public irrigation or drainage work specified in this chapter shall be established, a petition signed by one hundred (100), or twenty-five per cent (25%) of the owners of the land described in such petition, as the land proposed to be benefited, setting forth the necessity therefor, that the same will be a public benefit and will promote the public welfare or public health, the description of the proposed irrigation or drainage works in general terms, together with a description of the land intended to be benefited thereby, shall be filed with the county auditor. Upon the filing of such petition, one or more of such petitioners shall deposit with the county treasurer of such county from time to time sums of money in an amount to be determined and fixed by the board of county commissioners to be used by them to defray all costs and expenses incurred under the provisions of this chapter to and including all expenses of the bond election and until such time as funds for said work are otherwise available: provided, that the amount of such deposits shall be included in the cost of the works in the event the indebtedness for the same shall be authorized at such election and reimbursement shall thereafter be made to the parties depositing the same.  History: [(42-2804) 1921, ch. 222, sec. 4, p. 492; I.C.A., sec. 41-2404.]
ID Code § 42-2806 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2806 - CONTRACTS — PROCEDURE FOR MAKING SIMILAR TO THAT IN IRRIGATION DISTRICTS — EXCEPTION — APPROVAL OF DIRECTOR.

42-2806. CONTRACTS — PROCEDURE FOR MAKING SIMILAR TO THAT IN IRRIGATION DISTRICTS — EXCEPTION — APPROVAL OF DIRECTOR. In making contracts for the construction or purchase of irrigation or drainage works or the right to the use of works constructed or to be constructed, the county commissioners shall proceed in similar manner as provided by law for the making of similar contracts by irrigation districts, but no election shall be required to authorize any such contract: provided, however, that the aggregate of all contracts entered into for the purchase or construction of works on any project under the provisions of this chapter shall provide for the ultimate completion of the project in accordance with the approved plans referred to herein at a total cost not exceeding the total sum of money derived from the sale of bonds issued for such project, and the contractor or contractors (except in cases where the United States government is the contractor) shall give the bond required by section 45-502. The plans and specifications and all contracts for construction work contracted for by boards of county commissioners under this chapter shall first be approved by the director of the department of water resources, and any construction contract entered into by such boards shall by its terms provide that such construction work shall be completed in accordance with such plans and specifications to the approval of the director of the department of water resources except in the case of contracts with the United States government. It shall be the duty of the director of the department of water resources, upon the completion of the work under any contract entered into under the provisions of this chapter to issue a certificate of such completion to the board or boards of county commissioners.  History: [(42-2806) 1921, ch. 222, sec. 6, p. 492; I.C.A., sec. 41-2406.]
ID Code § 42-2807 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2807 - LANDS ASSESSED — STATE LANDS.

42-2807. LANDS ASSESSED — STATE LANDS. All lands directly benefitted by any irrigation or drainage project, or any irrigation or drainage works established under this chapter, and all public or corporate roads or railroads so benefitted in whole or in part, shall be assessed in proportion to the benefits for the construction thereof. All lands owned by the state of Idaho benefitted by such project may be assessed for such benefit the same as taxable land, provided a notice of the filing of the petition and of the time and place of hearing and notice of hearing shall have first been served on the state agency responsible for the management of such state owned lands: provided, that instead of paying the said assessments so levied against the state lands, the state may promptly offer said state lands for sale at public sale in the manner provided by law, and as rapidly as permitted by the provisions of the state constitution, until the entire acreage of state land in such project shall have been sold and if the state does not make appropriations for the payment of such assessments against such state lands, then the sale of such state land, when made, shall be made under contract requiring the purchaser as a condition to receiving title to such lands from the state, or to receiving any contract right or interest therein, to pay all assessments duly levied against such lands under the provisions of this chapter, and to pay to the proper county officer at the time of such sale such annual assessments as may have come due prior to the time of such sale, with interest thereon as hereinafter provided, and to continue the payment of such assessments until title passes from the state to such purchaser, which conveyance shall be made from the state to the purchaser subject to the liens herein provided for.  History: [(42-2807) 1921, ch. 222, sec. 7, p. 492; I.C.A., sec. 41-2407; am. 1994, ch. 180, sec. 86, p. 485; am. 2003, ch. 32, sec. 24, p. 131.]
ID Code § 42-2808 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2808 - COOPERATION WITH STATE UNDER CAREY ACT.

42-2808. COOPERATION WITH STATE UNDER CAREY ACT. All counties in which irrigation projects shall be established under the provisions of this chapter by order of the board of county commissioners and all counties containing part or portion of the lands to be irrigated or reclaimed under any such project, are hereby authorized to cooperate with the state of Idaho and with the national government under the provisions of the Carey Act laws of the United States and of the state of Idaho, and all such counties are authorized and empowered to exercise and do all acts granted or authorized to irrigation districts under the provisions of chapter 17 of title 43, and sections 43-1701 to 43-1712 inclusive, of the Idaho Code, and the board of county commissioners of every such county is authorized and empowered to exercise all powers granted under said chapter and sections to the boards of directors of irrigation districts in providing for the irrigation and reclamation of lands segregated under the Carey Act, and the collection and enforcement of the liens provided for such purpose.  History: [(42-2808) 1921, ch. 222, sec. 8, p. 492; I.C.A., sec. 41-2408.]
ID Code § 42-2809 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS|Section 42-2809 - COUNTIES AUTHORIZED TO ACT AS IRRIGATION DISTRICT.

42-2809. COUNTIES AUTHORIZED TO ACT AS IRRIGATION DISTRICT. For the purpose of performing the acts and exercising the powers granted by section 43-1801 of the Idaho Code and the act of Congress of August 11, 1916, entitled "An Act to Promote Reclamation of Arid Lands," (39 Stat. 506), counties in which irrigation projects have been duly established by order of the board of county commissioners under the provisions of this chapter, shall be considered to be irrigation districts of the state of Idaho and vested with all the powers and authority granted to irrigation districts by said section 43-1801 of the Idaho Code, and by the said act of Congress of August 11, 1916, entitled "An Act to Promote the Reclamation of Arid Lands," and the board of county commissioners of such counties are authorized to act as the directors of such district for such purpose and to exercise all the powers granted to the directors of irrigation districts.  History: [(42-2809) 1921, ch. 222, sec. 9, p. 492; I.C.A., sec. 41-2409.]