reglab/housing_qa huggingface dataset:
ID Code § 42-5248 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5248 - ASSESSMENTS AGAINST ANNEXED LANDS.

42-5248. ASSESSMENTS AGAINST ANNEXED LANDS. (1) The board of directors may require, as a condition to the granting of an annexation petition, that the petitioners shall severally pay to the district such respective sums, as nearly as the same can be estimated, as said petitioners, or their grantors, would have been required to pay such district, had such lands been included in such district at the time it was originally formed, together with a proportionate share of the expenses of the district accrued since formation. (2) If the petition of a nonirrigator seeks only to participate in the district’s mitigation plans and other mitigation activities, the board may require a proportionate sum of the mitigation expenses accrued since the district was originally formed to be paid as a condition to the granting of an annexation petition.  History: [42-5248, added 1995, ch. 290, sec. 1, p. 1003; am. 2016, ch. 109, sec. 2, p. 314.]
ID Code § 42-5249 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5249 - ORDER ACCEPTING OR REJECTING PETITION.

42-5249. ORDER ACCEPTING OR REJECTING PETITION. (1) If the board of directors deems a proposed annexation not to be in the best interests of the district to include the lands mentioned in the petition, the board shall reject the petition. But if they deem it for the best interest of the district, the board may order the lands mentioned in the petition or some part thereof be annexed to the district. (2) The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary. Thereafter the annexed land shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.  History: [42-5249, added 1995, ch. 290, sec. 1, p. 1004.]
ID Code § 42-5250 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5250 - ORDER TO BE RECORDED.

42-5250. ORDER TO BE RECORDED. Upon a change of the boundaries of a district becoming effective, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder’s office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain a ground water district, as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries had been included therein at the original organization of the district.  History: [42-5250, added 1995, ch. 290, sec. 1, p. 1004.]
ID Code § 42-5251 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5251 - PETITION FOR EXCLUSION OF LANDS — GROUND WATER IRRIGATED LANDS — LANDS OF NONIRRIGATOR — LANDS MAY REMAIN IN THE DISTRICT FOR MITIGATION PURPOSES.

42-5251. PETITION FOR EXCLUSION OF LANDS — GROUND WATER IRRIGATED LANDS — LANDS OF NONIRRIGATOR — LANDS MAY REMAIN IN THE DISTRICT FOR MITIGATION PURPOSES. (1) Any district member who is an irrigator may file with the district board a petition requesting that the member’s irrigated lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, and shall state that continued inclusion of the irrigated lands in the district is inappropriate or unwarranted: (a) Because the diversions of ground water under the ground water irrigator’s water right have no depletive effect on any water source, either individually or cumulatively when considered in conjunction with other similar diversions; (b) Because the only ground water use associated with the lands sought to be excluded by the petition is a domestic or stock water use as defined by sections 42-111 and 42-1401A, Idaho Code; (c) Because the exclusion of the lands will not impair the district’s ability to repay debt or carry out mitigation plans; (d) Because the exclusion is in the best interests of the district and its members; or (e) For other compelling reasons. The board shall consider the petition and, based on findings concerning such factors, the board shall grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing. (2) Any district member who is a nonirrigator, may file with the district board a petition requesting that the member’s lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, but need not be acknowledged. The board shall consider the petition and grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing. (3) All costs incurred by the district in carrying out an exclusion proceeding shall be assessed as provided in section 42-5253, Idaho Code. A person purchasing land under a written contract shall be deemed to be the owner of that land for purposes of this section.  History: [42-5251, added 1995, ch. 290, sec. 1, p. 1004; am. 2005, ch. 367, sec. 15, p. 1165; am. 2006, ch. 355, sec. 4, p. 1088.]
ID Code § 42-5252 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5252 - CONTENTS OF PETITION — REPRESENTATIONS, CERTIFICATION AND LIABILITY — WAIVER OF BENEFITS UPON EXCLUSION.

42-5252. CONTENTS OF PETITION — REPRESENTATIONS, CERTIFICATION AND LIABILITY — WAIVER OF BENEFITS UPON EXCLUSION. (1) A petition for exclusion shall set forth or include the following: (a) A description of the land and/or facilities of petitioner for which exclusion is requested, together with such evidence of ownership of the land and/or facilities as is satisfactory to the district board; (b) A representation that no mortgagee or other person holds a lien of record in the county where the land for which exclusion is requested is located, for which the lienholder’s consent to the exclusion is required or that, if such consent is required, the consent has been granted by the lienholder; (c) If the member seeks exclusion for all purposes, an explicit written waiver and relinquishment, on a form provided by the board or otherwise, of all right to rely upon or be covered by any program, plan, activity or benefits of any kind provided by or through the district; (d) If the member seeks to be excluded from the district for all purposes except mitigation, an explicit written waiver and relinquishment stating that the member recognizes and agrees that: (i) The member no longer will be entitled to vote or participate in the governance of the district, to nominate directors, or to serve as a director of the district except as specified in this chapter; (ii) The member will remain subject to all assessments pertaining to the district’s mitigation program(s) or plans; (iii) The member will be entitled to receive no benefits of any kind from the district except those pertaining to mitigation purposes. (e) Regardless of whether the exclusion will be for all purposes or for all except mitigation purposes, an explicit written statement, on a form provided by the board or otherwise, that the member recognizes and agrees that he will remain liable to the district, and subject to assessment, for any financial indebtedness the member may have to the district for indebtedness incurred before exclusion occurs. (2) The district board shall return to the petitioner any petition not accompanied by the information required in subsection (1) of this section, and no further action shall be required of the board with respect to such petition. The petitioner shall be liable for any expenses or damages to lienholders or to other landowners or to the district resulting directly or indirectly from wrongful exclusion of lands by reason of untrue or incorrect statements in the petition. (3) The petition for exclusion shall be signed by the member and be acknowledged in front of a notary public in the same manner as for deeds of land.  History: [42-5252, added 1995, ch. 290, sec. 1, p. 1004.]
ID Code § 42-5253 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5253 - ORDER OF EXCLUSION.

42-5253. ORDER OF EXCLUSION. (1) In the event the district’s board of directors grants a petition for exclusion, the board shall, by resolution, make an order forthwith excluding the lands described in the petition either for all purposes or for only those purposes not related to mitigation. No hearing is required prior to granting a petition for exclusion. (2) At a minimum, the order of exclusion shall specify that: (a) Lands excluded for all purposes shall not be a part of or be entitled to receive any benefits from the district; (b) Lands excluded only for purposes not related to mitigation, shall continue to be part of the district for mitigation purposes only and shall be assessed for these purposes as provided under this chapter; (c) Any excluded lands are subject to the requirements of section 42-5257, Idaho Code. (d) When the petition is filed on or before December 1 in any calendar year, any assessment, other than those specified in section 42-5257, Idaho Code, against the land for any calendar year subsequent to the year in which the petition was filed shall not be valid and no lien for any such attempted assessment shall attach under section 42-5240, Idaho Code.  History: [42-5253, added 1995, ch. 290, sec. 1, p. 1005; am. 2005, ch. 367, sec. 16, p. 1165.]
ID Code § 42-5254 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5254 - SURVEY OF LAND TO BE EXCLUDED.

42-5254. SURVEY OF LAND TO BE EXCLUDED. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district, otherwise the cost shall be borne by petitioner.  History: [42-5254, added 1995, ch. 290, sec. 1, p. 1006.]
ID Code § 42-5255 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5255 - COSTS OF EXCLUDING LAND.

42-5255. COSTS OF EXCLUDING LAND. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except as provided in section 42-5254, Idaho Code. The board may require a deposit of the estimated costs before granting the petition. If the actual costs of completing the exclusion of the lands from the district are less than the amount deposited by the petitioner, the balance shall be refunded to the petitioner within fourteen (14) days after the final action for the exclusion is completed. If the actual costs of the exclusion of the lands is more than the deposit, the difference shall be paid to the district by the petitioner within fourteen (14) days after receipt of a statement to that effect from the district, and the board’s order of exclusion shall not be effective until the difference is paid.  History: [42-5255, added 1995, ch. 290, sec. 1, p. 1006.]
ID Code § 42-5256 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5256 - CHANGES TO BE FILED FOR RECORD.

42-5256. CHANGES TO BE FILED FOR RECORD. Any decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner’s land and changing the boundaries of such ground water district shall be filed for record in the recorder’s office of the county or counties within which are situated the lands of such ground water district.  History: [42-5256, added 1995, ch. 290, sec. 1, p. 1006; am. 2005, ch. 367, sec. 17, p. 1166.]
ID Code § 42-5257 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5257 - EXCLUSION — EFFECT — OBLIGATIONS OUTSTANDING — ENFORCEMENT — PAYMENT — CERTIFICATE.

42-5257. EXCLUSION — EFFECT — OBLIGATIONS OUTSTANDING — ENFORCEMENT — PAYMENT — CERTIFICATE. (1) Except as otherwise provided in this chapter, land and/or facilities excluded from any ground water district shall not thereafter be entitled to any of the rights and benefits of the district and shall be deemed to have fully relinquished all such rights and benefits. (2) Land and/or facilities fully excluded from a district and those excluded only from nonmitigation purposes shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the exclusion order as fully as though the land had not been excluded. Such obligations shall include, but are not limited to, their proportionate share of any of the district’s existing indebtedness that was incurred for a project or activity that: (a) provided a benefit to such lands prior to the exclusion and for which benefit the excluded lands remain indebted; or (b) continues to benefit such lands even after the exclusion. Where either of these circumstances exists, excluded lands shall remain a part of the district for the purpose of discharging such existing contract indebtedness, and otherwise shall be obligated to pay all regular and special assessments to retire such debt as if they had not been excluded. The district’s board of directors may allow any debt or obligation against any excluded land and/or facility to be paid in installments or in any other manner the board deems equitable. (3) All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable. (4) When any member obtaining the exclusion of land from a ground water district has paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the land and/or facility excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.  History: [42-5257, added 1995, ch. 290, sec. 1, p. 1006.]
ID Code § 42-5258 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5258 - REINSTATEMENT OF LANDS.

42-5258. REINSTATEMENT OF LANDS. Where lands have been excluded from a ground water district they may be reinstated to the district by following the procedures provided in sections 42-5245 through 42-5250, Idaho Code, except that the board of directors, in its discretion, may refuse for any reason to annex such lands to the district.  History: [42-5258, added 1995, ch. 290, sec. 1, p. 1007.]
ID Code § 42-5259 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5259 - PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION PURPOSES.

42-5259. PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION PURPOSES. Upon written request from any ground water user who is not a member of a district, a district board of directors may enter a contract with such nonmember pursuant to which the nonmember shall be allowed to participate fully in, and obtain all benefits of, any mitigation plan, purpose or activity the district currently has in force or is developing, pursuant to terms and conditions acceptable to both parties, provided that: (1) The board finds that the plan is likely to be effective in mitigating the effects of such nonmember’s ground water use, and that including the nonmember within the mitigation plan’s coverage will not impair the plan’s effectiveness as to district members; (2) If the district’s mitigation plan has been approved by the director, the board shall evaluate the contract request in accordance with any conditions of the district’s mitigation plan which address equitable participation by ground water users who do not initially participate in such mitigation plan; (3) Before the contract may be effective, the board may collect from the nonmember a payment adequate to compensate the district for the nonmember’s proportional share of the costs the district already has incurred in developing and implementing the mitigation plan; (4) The board may include in the contract a provision requiring the nonmember to pay a reasonable surcharge, either annually or on some other basis, to reimburse the district for such nonmember’s proportional share of those past or future costs of operating the district attributable to formulating or implementing the mitigation plan or plans in which the nonmember is participating; (5) The board may require the nonmember to provide security to assure the payment of all assessments and charges related to the contract.  History: [42-5259, added 1995, ch. 290, sec. 1, p. 1007; am. 2005, ch. 367, sec. 18, p. 1166; am. 2016, ch. 110, sec. 1, p. 315.]
ID Code § 42-5260 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5260 - PETITION TO ANNEX STATE LAND.

42-5260. PETITION TO ANNEX STATE LAND. The state board of land commissioners may, by resolution duly passed at any meeting of such state board and recorded in its minutes, after due consideration in each specific case, authorize the governor of the state of Idaho, as chairman of the board of land commissioners, to sign a petition for the annexation of adjacent Idaho state lands to a district, or sign a petition to exclude such state lands from a district. The governor shall be deemed the owner of such state lands for the purpose of signing any petition herein authorized, with like effect as the owner of private lands.  History: [42-5260, added 1995, ch. 290, sec. 1, p. 1008.]
ID Code § 42-5261 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5261 - PETITION FOR DISSOLUTION OF DISTRICT.

42-5261. PETITION FOR DISSOLUTION OF DISTRICT. Whenever a majority of the members entitled and qualified to vote in district elections so desire, they may petition the board to call a special election to submit to the qualified district electors a proposal to vote on the dissolution of the district. The petition shall set forth the reasons for such proposal. The petition for dissolution of the district shall state that all the district’s outstanding legal and enforceable obligations of every nature whatsoever have been fully satisfied and paid or shall set forth facts showing reasonable grounds for the belief that the consent of the holders of all such district obligations can be obtained, or that the district is able to satisfy all those not consenting.  History: [42-5261, added 1995, ch. 290, sec. 1, p. 1008.]
ID Code § 42-5262 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5262 - CALL FOR ELECTION ON DISSOLUTION PETITION.

42-5262. CALL FOR ELECTION ON DISSOLUTION PETITION. It shall be the duty of the said board of directors, if it approves the dissolution petition, to call an election in accordance with section 34-106, Idaho Code, for the purpose of submitting to the qualified electors of the district the proposal for dissolution of the district.  History: [42-5262, added 1995, ch. 290, sec. 1, p. 1008.]
ID Code § 42-5263 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5263 - NOTICE OF DISSOLUTION ELECTION.

42-5263. NOTICE OF DISSOLUTION ELECTION. Notice of such election must be given by posting notices in five (5) public places in each election precinct in said district at least four (4) weeks before the date of said election and by the publication thereof for the same length of time in some newspaper published in each county in which the district or any part thereof is located. Such notice must specify the time and place of holding such election.  History: [42-5263, added 1995, ch. 290, sec. 1, p. 1008.]
ID Code § 42-5264 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5264 - CONDUCT OF DISSOLUTION ELECTION.

42-5264. CONDUCT OF DISSOLUTION ELECTION. An election on a dissolution petition shall be held in all respects as near as practicable in conformity with the provisions of sections 42-5211 through 42-5213, Idaho Code. Those district members who are qualified to vote pursuant to section 42-5210(1), Idaho Code, shall be entitled to vote in the dissolution election. Upon the ballots used at such elections shall be written or printed "For Dissolution–Yes" and "For Dissolution–No," depending upon the nature of the proposal to be voted upon. Each member qualified to vote in the election shall cast a number of votes in proportion to that user’s cubic feet per second of ground water rights.  History: [42-5264, added 1995, ch. 290, sec. 1, p. 1008.]
ID Code § 42-5265 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 52 - GROUND WATER DISTRICTS|Section 42-5265 - CANVASS OF RETURNS ON ELECTION FOR DISSOLUTION.

42-5265. CANVASS OF RETURNS ON ELECTION FOR DISSOLUTION. On the first Monday after any such election the board of directors of the district shall meet at its usual place of meeting to canvass the returns, and when they shall have declared the result the secretary shall make full entry in his record.  History: [42-5265, added 1995, ch. 290, sec. 1, p. 1009.]