reglab/housing_qa huggingface dataset:
ID Code § 42-2904 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2904 - MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT.

42-2904. MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT. Any village or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such village or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein.  History: [(42-2904) 1913, ch. 16, sec. 34, p. 58; compiled and reen. C.L. 168:2; C.S., sec. 4494; I.C.A., sec. 41-2504.]
ID Code § 42-2905 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2905 - PETITION FOR ORGANIZATION.

42-2905. PETITION FOR ORGANIZATION. For the purpose of the formation of such drainage district a petition shall be presented to the clerk of the district court of the county in which a greater portion of the lands of said proposed district are located, which petition shall set forth the object of the organization of said district, shall designate temporary boundaries thereof and shall set forth approximately the number of acres of land therein, and shall contain a description of the proposed system of drainage or diking or both, designating the point or points, if any there may be, which shall be the outlet or outlets for the drainage of said district, the general route over which the main ditch or ditches are to be constructed, together with the proposed spurs or branches, and the general location of the dikes or levees, if any there may be, and set forth the further fact that the establishment of said district and the proposed system of drainage will be conducive to the public health, convenience and welfare, or increase the public revenue, or that the establishment of said district and the said system of drainage and reclamation is a proper and advantageous method of accomplishing the relief sought. Said petition shall be signed by such number as own at least one-third of the acreage in the proposed district, and shall pray that the same be organized under the provisions of this chapter. Community property may be represented by either the husband or the record owner.  History: [(42-2905) 1913, ch. 16, part of sec. 2, p. 58; reen. C.L. 168:3; am. 1919, ch. 183, sec. 1, p. 558; C.S., sec. 4495; am. 1927, ch. 36, sec. 1, p. 48; I.C.A., sec. 41-2505.]
ID Code § 42-2906 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2906 - PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.

42-2906. PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES. Said petitioners shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which said proposed district is located, running to the state of Idaho, in the penal sum of $500.00, with two (2) or more sureties, to be approved by the judge of the district court, conditioned that they will pay all costs in case said district for any reason shall not be established. In case said district be not established, then all costs and expenses shall be collectible on the bond hereinbefore provided for, and any person having a charge against said district shall have a right of action thereon: provided, that when said petition is filed with the clerk of said court no petitioner shall be allowed to withdraw his name or land therefrom without tendering into court his pro rata share of all costs and expenses incurred by petitioners to the date of said withdrawals.  History: [(42-2906) 1913, ch. 16, part of sec. 2, p. 58; reen. C.L. 168:4; C.S., sec. 4496; am. 1927, ch. 225, sec. 1, p. 329; I.C.A., sec. 41-2506.]
ID Code § 42-2907 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2907 - ACTION ON PETITION — NOTICE OF HEARING.

42-2907. ACTION ON PETITION — NOTICE OF HEARING. After the filing of said petition the judge of the court shall fix a time for the hearing of said petition by order made by him, which order shall provide that said petition be published for at least three (3) successive weeks in some weekly newspaper or newspapers, printed and published in said county or counties in which the lands are situated, and in case no such paper is published in such county, then in some paper of general circulation therein; together with a notice of the time and place at which said judge will consider said petition.  History: [(42-2907) 1913, ch. 16, part of sec. 3, p. 58; reen. C.L. 168:5; am. 1919, ch. 183, sec. 2, p. 559; C.S., sec. 4497; I.C.A., sec. 41-2507.]
ID Code § 42-2908 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2908 - HEARING — OBJECTIONS — FINDINGS.

42-2908. HEARING — OBJECTIONS — FINDINGS. Upon the day fixed for the hearing of said petition, any persons or corporation interested therein, may appear before said court and make objections to the organization and incorporation of said district, but such objections shall be limited to determining whether or not the organization of such drainage district is a proper and advantageous method of accomplishing the reclamation and protection of the swamped, bogged or water-logged lands, or lands subject to overflow therein, and whether or not there is a reasonable probability that the objects sought by the formation of the district may be accomplished, and whether or not said proposed drainage system will be conducive either to the public health, welfare or convenience or increase the public revenue; and at the hearing the court shall hear and consider such evidence only as may be presented for or against the petition or objections thereto. Thereupon the court shall make its findings upon the facts alleged in the petition and objections and any other facts necessary and proper for the determination of the propriety of the organization of such district, and if said district be organized, the judge of said court shall cause an order to be entered and recorded in the judgment record of each of the counties in which the lands within said district are situated, setting forth the facts found by the said judge upon the hearing of said petition, and said order shall define the temporary boundaries of said district and describe the lands included therein by township, range and section only, and shall have the effect of a lis pendens. Any district may be established even if it is shown that the outlet for the drainage system is without the county or counties in which said district is located, or without the boundaries of the state of Idaho, or is in any other state or territory, or in a foreign country; the work for the drainage of said district may be contracted for and performed either entirely or partially within the limits of any other state, territory or foreign country.  History: [(42-2908) 1913, ch. 16, part of sec. 3, p. 58; reen. C.L. 168:6; am. 1919, ch. 183, sec. 3, p. 559; C.S., sec. 4498; I.C.A., sec. 41-2508.]
ID Code § 42-2909 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2909 - DECREE.

42-2909. DECREE. Upon the entry of the findings of the final hearing of said petition, as set forth in the last preceding section, said judge of the district court of the county in which the proposed drainage district is located, if he finds said proposed drainage system to be conducive either to the public health, welfare or convenience, or will increase the public revenue, or be of special benefit to the majority in acreage of the lands included in said boundaries, shall declare said district duly organized, and to be known as drainage district No. …. (here insert number) of the county of …. (here insert name of county), in the state of Idaho. The clerk of said district court shall cause a copy of the order declaring said district to be organized, duly certified, to be filed in the office of the secretary of state, and from and after the date of said filing, said organization shall be deemed complete.  History: [(42-2909) 1913, ch. 16, parts of sec. 4, p. 58; reen. C.L. 168:7; C.S., sec. 4499; I.C.A., sec. 41-2509.]
ID Code § 42-2910 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2910 - APPOINTMENT OF DRAINAGE COMMISSIONERS — QUALIFICATION — BOND — OATH — ORGANIZATION OF BOARD.

42-2910. APPOINTMENT OF DRAINAGE COMMISSIONERS — QUALIFICATION — BOND — OATH — ORGANIZATION OF BOARD. The judge of the district court within ten (10) days thereafter shall appoint three (3) drainage commissioners. The commissioners shall be appointed from among those living in the county where said proposed district is located. The board of drainage commissioners appointed as aforesaid shall be entitled to enter upon the duties of their office upon qualifying as county officers are required to qualify, and upon each drainage commissioner giving a bond to the state of Idaho, for the benefit of said drainage district, for the faithful performance of his duties as such drainage commissioner, in the penal sum of $5000, with one or more sureties to be approved by the judge of the district court. Provided that the judge of the district court, upon application and proper showing by the board of drainage commissioners, may enter an order reducing the penalty of the bond to such sum as may appear to him to be reasonable and adequate under the showing made. The drainage commissioners shall take the oath of office and file their bonds within fifteen (15) days after they are appointed; and they shall hold office until their successors are duly appointed and qualified. Each drainage commissioner thereafter who may be appointed shall enter into a like bond and of like effect upon entering upon his duties, which bond shall be approved by the judge of the district court of the county in which said drainage district is located. The bonds of the drainage commissioners shall be filed with the clerk of the district court and kept in his custody. Immediately after their appointment and their bonds have been filed and approved, the drainage commissioners shall organize themselves into a board, and they shall by lot determine the terms of their office, which shall be one (1), two (2) or three (3) years respectively. Annually thereafter the judge of the district court of the county in which said district is located shall appoint one (1) drainage commissioner whose term of office shall be for three (3) years.  History: [(42-2910) 1913, ch. 16, parts of secs. 4 and 5, p. 58; reen. C.L. 168:8; C.S., sec. 4500; I.C.A., sec. 41-2510; am. 1933, ch. 21, sec. 1, p. 27.]
ID Code § 42-2911 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2911 - OFFICERS — MEETINGS.

42-2911. OFFICERS — MEETINGS. The board of commissioners of such district shall elect one of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The drainage commissioners shall hold their meetings for the transaction of business at any place in the county or counties in which the district is located.  History: [(42-2911) 1913, ch. 16, parts of secs. 6, 7, p. 58; reen. C.L. 168:9; C.S., sec. 4501; I.C.A., sec. 41-2511.]
ID Code § 42-2912 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2912 - VACANCIES.

42-2912. VACANCIES. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the judge of the district court of the county in which said district is located, and said appointee shall serve for the unexpired term, or until his successor is appointed and his bond approved.  History: [(42-2912) 1913, ch. 16, part of sec. 8, p. 58; reen. C.L. 168:10; C.S., sec. 4502; I.C.A., sec. 41-2512.]
ID Code § 42-2913 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2913 - COMPENSATION.

42-2913. COMPENSATION. The drainage commissioners shall receive for their services such sum as the board of drainage district commissioners fix by resolution for each day they shall actually be engaged in the business of their office, and actual and necessary expenses. In addition, the commissioners shall each receive a mileage allowance computed at the rate established by the state board of examiners for employees of the state for each mile driven and such allowance shall be the full amount allowed for travel expense.  History: [(42-2913) 1913, ch. 16, part of sec. 7, p. 58; am. 1915, ch. 42, part of sec. 1, p. 124; reen. C.L. 168:11; C.S., sec. 4503; I.C.A., sec. 41-2513; am. 1957, ch. 78, sec. 1, p. 127; am. 1967, ch. 22, sec. 1, p. 39; am. 1974, ch. 160, sec. 1, p. 1394; am. 1986, ch. 62, sec. 1, p. 179; am. 1992, ch. 52, sec. 1, p. 156; am. 2018, ch. 92, sec. 1, p. 197.]
ID Code § 42-2915 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2915 - ASSESSMENT OF BENEFITS AGAINST HIGH LANDS.

42-2915. ASSESSMENT OF BENEFITS AGAINST HIGH LANDS. In determining the amount which each tract of land will be benefited by such proposed drainage system the commissioners shall consider the damage done to low land from seepage and saturation by irrigation water from high land, and the necessity for the carrying off of waste water, and such high lands shall be considered as being benefited to the extent and in the amount that such lands are responsible for damage to low lands from seepage and saturation by irrigation water.  History: [(42-2915) 1913, ch. 16, sec. 9a, as added by 1915, ch. 42, sec. 2, p. 124; reen. C.L. 168:13; C.S., sec. 4506; I.C.A., sec. 41-2515.]
ID Code § 42-2916 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2916 - DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY.

42-2916. DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY. For the purpose of compiling the data to be presented to the court as set forth in the preceding sections, the board of commissioners of said drainage district may employ one or more competent engineers, surveyors and other helpers, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed: provided, however, that all maps, profiles, surveys, plans, specifications or other data heretofore made or property acquired under laws heretofore enacted on the subject may be purchased and used under the provisions of this chapter.  History: [(42-2916) 1913, ch. 16, part of sec. 10, p. 58; compiled and reen. C.L. 168:14; C.S., sec. 4507; I.C.A., sec. 41-2516.]
ID Code § 42-2917 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2917 - CHANGES IN ORIGINAL PLANS.

42-2917. CHANGES IN ORIGINAL PLANS. The commissioners shall not be confined to the point of commencement, route or terminus of any drain or ditch, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work as proposed by the petitioners, but shall locate, lay out and plan the same in such manner as to them shall seem best designed to promote the public health or welfare and to drain or protect the lands of the parties interested with the least damage and the greatest benefit to all lands to be affected thereby; any plan proposed by the commissioners may, on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.  History: [(42-2917) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:15; C.S., sec. 4508; I.C.A., sec. 41-2517.]
ID Code § 42-2918 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2918 - ALTERATION OF BOUNDARIES.

42-2918. ALTERATION OF BOUNDARIES. If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and not necessary to be included in said district for any purpose, they may extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them may, upon the hearing of their report as hereinafter provided, upon their application or that of any person interested, be altered by the court in such manner as shall appear to be just: provided, the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable.  History: [(42-2918) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:16; C.S., sec. 4509; I.C.A., sec. 41-2518.]
ID Code § 42-2919 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2919 - REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.

42-2919. REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION. If the commissioners shall find after the investigation referred to that the cost, expenses and damages are more than equal to the increased value which will accrue to the lands within the district, they shall so report and the proceedings shall be dismissed. But if the commissioners shall report that the whole cost of the work including preliminary surveys and expenses, legal assistance and court costs will be less than the increase in value to accrue therefrom, they shall so report to the court, and the court shall then make and enter an order fixing a time and place when and where all persons interested may appear and contest the confirmation thereof, and the clerk of the court shall cause notices of the time and place of said hearing to be given to all parties interested by the publication of a notice thereof for at least three successive weeks prior to the date set for such hearing in one or more newspapers published in said county or counties which notice shall contain a description of all land affected and the amount of the assessments and damages awarded in said report and by personally serving or sending by registered mail a copy of said notice to each landowner at his post-office address in so far as the same can be ascertained, and if not known, then to their last known post-office address, at least twenty days before the date appointed for said hearing, but failure to receive such notice shall not invalidate any assessment.  History: [(42-2919) 1913, ch. 16, part of sec. 10, p. 58; reen. C.L. 168:17; am. 1919, ch. 183, sec. 5, p. 558; C.S., sec. 4510; I.C.A., sec. 41-2519.]
ID Code § 42-2920 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2920 - OBJECTIONS.

42-2920. OBJECTIONS. Any of the landowners or any person or corporation affected by the work proposed may appear on the day set for hearing said report and remonstrate against the whole or any part of the proposed work. Such remonstrance shall be verified by affidavit, and shall set forth the objections of the affiant, whether they go to the jurisdiction of the commissioners or the court or not, or whether they rest on any other fact, as that some lands are assessed too high or too low or improperly, or that lands are assessed which ought not to be, or that lands should be assessed which are not assessed, or that the plans for said proposed work should be changed, or that the boundaries of said district should be altered so as to include or exclude certain lands, or by any persons or corporations to whom damages are allowed that they are inadequate, or by any person or municipality that the public health or welfare will not be promoted by the proposed work.  History: [(42-2920) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:18; C.S., sec. 4511; I.C.A., sec. 41-2520.]
ID Code § 42-2921 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2921 - HEARING ON CONFIRMATION.

42-2921. HEARING ON CONFIRMATION. The remonstrants shall set forth objections to the confirmation of the report of the commissioners by stating separately, first, legal objections, second, issues of fact to be tried by the court, third, issues of fact to be tried by the jury. The district court of said county shall fix a time for the hearing of the objections giving such proceedings preference over other civil actions pending, and on demand of any person or corporation assessed for the cost of construction or awarded damages, may impanel a jury and take its verdict upon the trial of such issue, whether the amount of damages awarded by the commissioners is adequate, or whether the assessment of any remonstrant demanding the review is too high, and the court or jury may assess the same. All other issues arising on remonstrance shall be tried by the court, and if the court finds that the report requires modification the same may be referred to the commissioners who may be required to modify it in any respect. The report of the commissioners shall be prima facie evidence of the allegations therein set forth and the remonstrants shall be considered as plaintiffs and have the burden of establishing their objections thereto. In any case between the commissioners and any remonstrant the court may award and apportion the costs; costs awarded against the commissioners shall be paid out of the funds realized for the assessments made.  History: [(42-2921) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:19; am. 1919, ch. 183, sec. 6, p. 558; C.S., sec. 4512; I.C.A., sec. 41-2521.]
ID Code § 42-2922 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2922 - FINDINGS AND DECREE.

42-2922. FINDINGS AND DECREE. If the findings be awarded against the validity of the proceedings the same may be dismissed. If the findings be in favor of the validity of the proceedings, the court, after the report shall have been modified to conform to the findings, or if there be no remonstrances, shall confirm the same, and the order of confirmation shall be final and conclusive, the proposed work shall be established and authorized and the proposed assessments approved subject to the right of appeal to the supreme court.  History: [(42-2922) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:20; C.S., sec. 4513; I.C.A., sec. 41-2522.]
ID Code § 42-2923 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 29 - DRAINAGE DISTRICTS|Section 42-2923 - SUPPLEMENTAL REPORT.

42-2923. SUPPLEMENTAL REPORT. The court may also permit the commissioners to present and file a supplemental report as to any matter which, pursuant to the provisions of section 42-2914[, Idaho Code,] might have been included in the original report presented by them, and after reasonable notice given to parties adversely interested in such manner as the court may direct, the court may, upon the hearing in the matter, make such order as the same may require.  History: [(42-2923) 1913, ch. 16, part of sec. 11, p. 58; compiled and reen. C.L. 168:21; C.S., sec. 4514; I.C.A., sec. 41-2523.]