reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4013 - COOPERATIVE UNIT AGREEMENTS — VOLUNTARY — INVOLUNTARY.

42-4013. COOPERATIVE UNIT AGREEMENTS — VOLUNTARY — INVOLUNTARY. (a) Whenever the director finds that it is in the public interest and especially in the interest of the conservation of natural resources and of the protection of the geothermal resources of this state from waste, the lessors, lessees, operators, owners, or other persons holding or controlling royalty or other interests in the separate properties of the same geothermal area may, with the approval of the board, enter into an agreement for the purpose of bringing about the cooperative development, operation, and maintenance of all or a portion of the geothermal resources of the geothermal area as a unit; or for the purpose of fixing the time, location, and manner of drilling, operating, and maintaining of wells and of injection wells. Any such agreement shall bind the successors and assigns of the parties thereto and shall be enforceable by the parties thereto by an action for specific performance. No such agreement, when approved by the board pursuant to this section, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce to the extent that the provisions of such agreement relate to the purpose of this section. No such agreement authorization shall constitute a waiver of any permit, license, lease, or other authorization required under this act or under any other provision of state law or any regulation adopted by any agency or subdivision of this state. The board may establish procedures to govern the establishment or adoption of such cooperative unit agreements.
(b) Whenever the director finds that a geothermal resource area should be cooperatively operated as a unit to avoid waste, and the persons owning tracts or interests in such area refuse to enter into a cooperative agreement pursuant to subdivision (a) of this section, the board, after notice and hearing, may issue an order that such area shall be operated as a unit. Such order shall provide an equitable sharing of proceeds and liabilities from the geothermal resource area among the several owners of tracts and interests therein.
History:
[42-4013, added 1972, ch. 301, sec. 14, p. 749; am. 1974, ch. 20, sec. 61, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4014 - LIBERAL CONSTRUCTION.

42-4014. LIBERAL CONSTRUCTION. This act shall be construed liberally to serve its purposes and policy.
History:
[42-4014, added 1972, ch. 301, sec. 15, p. 749.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 40 - GEOTHERMAL RESOURCES ACT › Section 42-4015 - STATUTORY CONSTRUCTION.

42-4015. STATUTORY CONSTRUCTION. Whenever the masculine gender is used in this act it shall read as the masculine, feminine, or neuter genders as may be appropriate; the singular form shall also be read as referring to the plural form wherever it is appropriate to do so.
History:
[42-4015, added 1972, ch. 301, sec. 16, p. 749.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4101 - SHORT TITLE.

42-4101. SHORT TITLE. The following eighteen (18) sections may be cited as the "Water and Sewer District Revenue Bond Act."
History:
[42-4101, added 1976, ch. 62, sec. 1, p. 211.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4102 - GRANT OF AUTHORITY.

42-4102. GRANT OF AUTHORITY. Any water and/or sewer district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage such works in the most efficient manner consistent with sound economy and public advantage, to the end that the services of such works shall be furnished at the lowest possible cost. No water and/or sewer district shall operate any works primarily as a source of revenue to the district, but shall operate all such works for the use and benefit of those served by such works and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the inhabitants of the water and/or sewer district.
History:
[42-4102, added 1976, ch. 62, sec. 1, p. 211.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4103 - DEFINITIONS.

42-4103. DEFINITIONS. For the purpose of this act, unless a different meaning clearly appears from the context, the following terms shall be ascribed the following meanings:
(a) The term "works" shall include water systems and sewerage systems;
(b) The term "water system" shall include reservoirs, storage facilities, water mains, conduits, aqueducts, pipelines, pumping stations, filtration plants, and all appurtenances and machinery necessary or useful for obtaining, storing, treating, purifying or transporting water for domestic uses or purposes;
(c) The term "sewerage system" shall include intercepting sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, treatment plants, structures, buildings, machinery, equipment, connections and all other appurtenances necessary, useful or convenient for the collection, transportation, treatment, purification, and disposal of the sewage of any district;
(d) The term "district" shall mean water and/or sewer districts and/or water or sewer subdistricts.
History:
[42-4103, added 1976, ch. 62, sec. 1, p. 212; am. 1996, ch. 73, sec. 2, p. 237.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4105 - SUPERVISION OF WORKS.

42-4105. SUPERVISION OF WORKS. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of this act, and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and control of the governing body of the district.
History:
[42-4105, added 1976, ch. 62, sec. 1, p. 214.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4106 - WORKS TO BE SELF-SUPPORTING.

42-4106. WORKS TO BE SELF-SUPPORTING. The commissioners of the district issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works, and shall revise such rates, fees, tolls or charges from time to time, to provide that all such works shall be and always remain self-supporting. The rates, fees, tolls or charges prescribed shall be such as will produce revenue at least sufficient, (a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such works, including reserves therefor.
History:
[42-4106, added 1976, ch. 62, sec. 1, p. 215.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4107 - USE OF WORKS — REVENUE.

42-4107. USE OF WORKS — REVENUE. Any district issuing bonds under this act for the acquisition, construction, reconstruction, improvement, betterment or extension of any works, shall have the right to appropriate, apply or expend the revenue of such works for the following purposes: (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor; (b) to provide for all expenses of operation, maintenance, replacement and depreciation of such works, including reserves therefor; (c) to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this act for the payment of which the revenue of such works may have been pledged, charged or encumbered; (d) to pay and discharge notes, bonds or other obligations and interest thereon which do not constitute a lien, charge or encumbrance on the revenue of such works, which may have been issued for the purpose of financing the acquisition, construction, reconstruction, improvement, betterment or extension of such works; and (e) provide a reserve for improvements to such works. Unless and until full and adequate provision has been made for the foregoing purposes, no district shall have the right to transfer the revenue of such works to its general fund.
History:
[42-4107, added 1976, ch. 62, sec. 1, p. 215.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4108 - PRELIMINARY EXPENSES.

42-4108. PRELIMINARY EXPENSES. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, employment of engineers and other employees, making of notices, taking of options, legal and clerical help and all other expenses necessary to be made and paid prior to the authorization for the issuance of such revenue bonds, provided, that no such expenditures shall be made or paid unless an appropriation has been made therefor in the same manner as is required by law for district funds. Any funds so expended by the district shall be fully reimbursed and repaid to the district out of the sale of such revenue bonds before any other disbursements are made therefrom, and the amount so advanced by the district to pay such preliminary expenses shall be a first charge against the proceeds resulting from the sale of such revenue bonds until the same has been repaid as herein provided.
History:
[42-4108, added 1976, ch. 62, sec. 1, p. 215.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4109 - RESOLUTION PRIOR TO CONSTRUCTION — ELECTION.

42-4109. RESOLUTION PRIOR TO CONSTRUCTION — ELECTION. Before any district shall construct or acquire any works under this act, the commissioners of such district shall enact a resolution or resolutions which shall, (a) set forth a brief and general description of the works, and if the same are to be constructed, a reference to the preliminary report or plans and specifications which shall theretofore have been prepared and filed by an engineer chosen for that purpose; (b) set forth the cost thereof estimated by the engineer chosen as aforesaid; (c) order the construction or acquisition of such works; (d) direct that revenue bonds of the district shall be issued pursuant to this act in such amount as may be necessary to pay the cost of the works; and (e) contain such other provisions as may be necessary in the proposal.
Such resolution shall be passed and approved as provided by law for the enactment of general resolutions, but such district shall not, without the assent of a majority of the qualified electors voting at an election to be held for such purpose, issue revenue bonds for the purpose of providing funds to own, purchase, construct, extend or equip, within and without the corporate limits of such district, water systems, sewerage systems, water treatment plants and sewerage treatment plants, the principal and interest of which to be paid solely from the revenue derived from rates and charges for the use of, and the service rendered by such systems, plants and facilities.
Said resolutions shall provide for the holding of said election in the manner set forth in chapter 14, title 34, Idaho Code. The notice of election shall set forth the purpose of said resolution, the amount of bonds authorized by it, the maturity dates of said bonds, the maximum rate of interest they shall draw, the voting places, the hours between which the polls will be open and the qualifications of voters who may vote thereat. Such election shall be conducted as are other district elections. The voting at such elections must be by ballot, and the ballots used shall be substantially as follows:
"In favor of issuing revenue bonds for the purposes provided by Resolution No. ……."
"Against the issuance of revenue bonds for the purposes provided by Resolution No. ……."
If, at such election, a majority of the qualified electors, voting at such election, vote in favor of issuing such revenue bonds, then such district may issue such bonds and create such indebtedness or liability in the manner and for the purpose specified in said resolution.
History:
[42-4109, added 1976, ch. 62, sec. 1, p. 216; am. 1994, ch. 51, sec. 1, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4110 - BONDS — FORM — CONDITIONS.

42-4110. BONDS — FORM — CONDITIONS. Revenue bonds issued under authority of this act shall be sold, executed and delivered at public or private sale in the manner as provided by the municipal bond law. Revenue bonds may also be sold by electronic bidding as provided in section 57-233, Idaho Code. The resolution authorizing the issuance of said bonds shall prescribe the form of bonds. Said bonds shall bear interest at a rate or rates, payable annually, or at such lesser intervals as may be prescribed by resolution; may be in one (1) or more series, bear such date or dates, mature at such time or times, and be redeemable before maturity at the option of the district; may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution may provide. Said bonds shall be sold at not less than par with accrued interest. Pending preparation of the bonds, interim certificates, in such form and with such provisions as the commissioners may determine, may be issued. Said bonds and interim certificates shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law.
Notwithstanding the provisions of the municipal bond law, the governing body in any proceedings authorizing bonds under this act may:
(a) Provide for the initial issuance of one (1) or more bonds, in this act called "bond," aggregating the amount of the entire issue;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing or payments of interest on such bonds; and
(d) Further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
History:
[42-4110, added 1976, ch. 62, sec. 1, p. 217; am. 2001, ch. 264, sec. 1, p. 967.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4111 - BONDS — ISSUANCE — TERMS — CONDITIONS.

42-4111. BONDS — ISSUANCE — TERMS — CONDITIONS. Whenever revenue bonds are authorized to be issued, the district commissioners shall by resolution provide for the issuance thereof. The resolution authorizing the issuance of said revenue bonds, for the purpose authorized, shall contain covenants as to:
(a) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition thereof;
(b) The use and disposition of the revenue of the works for which said bonds are to be issued, including the creation and maintenance of reserves;
(c) The issuance of other or additional bonds payable from the revenue of such works;
(d) The operation and maintenance of such works;
(e) The insurance to be carried thereon, the use and disposition of insurance moneys;
(f) Books of account and inspection and audit thereof;
(g) The terms and conditions upon which the holders thereof or any trustee therefor shall be entitled to the appointment of a receiver which receiver may enter and take possession of such works, operate and maintain the same, prescribe rates, fees, tolls or charges and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the district itself might do. The provisions of this section and of any such resolution shall be a contract with the holder of said bonds and the duties of the district and its commissioners under this section and under such resolution, shall be enforceable by the holder by mandamus or other appropriate suit, action or proceedings at law or in equity.
History:
[42-4111, added 1976, ch. 62, sec. 1, p. 218.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4112 - VALIDITY OF BONDS.

42-4112. VALIDITY OF BONDS. Any resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to the water and sewer district revenue bond act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
History:
[42-4112, added 1976, ch. 62, sec. 1, p. 218.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4113 - LIEN OF BONDS.

42-4113. LIEN OF BONDS. All bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims or obligations, have prior and paramount lien on the revenue of the works for which said bonds have been issued, except that where provision is made in the resolution authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedures or restrictions provided in such resolution, additional bonds may be issued in the future on a parity with such issue or series in the manner so provided in such resolution. All bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, date of sale, date of execution, or date of delivery, by a lien on said revenue in accordance with the provisions of the water and sewer revenue bond act and the resolution authorizing said bonds.
History:
[42-4113, added 1976, ch. 62, sec. 1, p. 219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4114 - DISTRICT NOT LIABLE ON BONDS.

42-4114. DISTRICT NOT LIABLE ON BONDS. Bonds issued pursuant to the water and sewer district revenue bond act shall not be a debt of the district and the district shall not be liable thereon, nor shall they be payable out of any funds other than the revenue pledged to the payment thereof. Each bond issued under the water and sewer district revenue bond act shall recite, in substance, that said bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof. Bonds may be issued under the water and sewer district revenue bond act notwithstanding and without regard to any limitation or restriction on the amount or percentage of indebtedness, or of outstanding obligations of a district.
History:
[42-4114, added 1976, ch. 62, sec. 1, p. 219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 41 - WATER AND SEWER DISTRICT REVENUE BONDS › Section 42-4115 - WORKS AND BONDS EXEMPT FROM TAXATION.

42-4115. WORKS AND BONDS EXEMPT FROM TAXATION. So long as a district shall own any works, the property and revenue of such works shall be exempt from taxation. Bonds issued under the water and sewer district revenue bond act and the income therefrom shall be exempt from taxation, except transfer and estate taxes.
History:
[42-4115, added 1976, ch. 62, sec. 1, p. 219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4202 - AQUIFER RECHARGE DISTRICT — FORMATION.

42-4202. AQUIFER RECHARGE DISTRICT — FORMATION. For purposes of formation of the aquifer recharge district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by the district. The petition shall be accompanied by a map of the proposed district which shall indicate the proposed boundaries of the district, the nature and location of the proposed diversion works and other facilities by means of which water is to be diverted into the recharge area, shall delineate the underground water basin or basins to be affected by the recharge, and shall designate the location of any streams or springs which shall be affected by the recharge. The petition and map shall be accompanied by a statement describing the details of the contemplated diversion works and facilities and an estimate of the cost of constructing such works and facilities, which statement and estimates shall be certified to by an engineer licensed by the state of Idaho.
The petition shall be signed by no less than fifty (50) percent of the water users located within the proposed boundaries of the district. For purposes of this act, "water users" shall include the following:
(1) Individuals, or entities, exclusive of privately owned electrical generating companies, who are the holders of title or evidence of title to property, but without the boundaries of a municipality, who are the current holders of a right, acquired in accordance with the provisions of chapter 2, title 42, Idaho Code, to appropriate water in an amount equal to or in excess of one (1) cubic foot per second, and who divert water from underground basins within the area of recharge by means of a well or wells, or who divert water from springs or other water courses emerging from such underground basins, or both.
(2) Municipalities which obtain water from underground basins in the area of recharge. A municipality may elect to be included within the proposed district by a majority vote of the members of its city council. The mayor of any municipality so electing may sign the petition on behalf of the municipality, and such municipality shall constitute one water user for purposes of securing the minimum number of signatures required for the petition.
History:
[42-4202, added 1978, ch. 293, sec. 1, p. 727; am. 1979, ch. 8, sec. 1, p. 10; am. 1982, ch. 204, sec. 2, p. 539.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4203 - FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.

42-4203. FORMATION OF DISTRICT — DECLARATION BY DIRECTOR. After receipt of the petition, map and statement, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the location and nature of the diversion works and facilities to be constructed, the costs of construction or any other matter relevant to the formation of the district as he may deem necessary. The director shall conduct a hearing on the petition and supporting documents. Notice of the time and place of the hearing shall be published by the director in a newspaper or newspapers published in each of the counties or a newspaper of general circulation therein at least three (3) weeks before the date of the hearing.
Within ninety (90) days after the hearing has been concluded, the director after due consideration of all relevant data and testimony, shall determine whether the proposed district will provide the benefits described, whether the boundaries proposed are proper with respect to the benefits to be provided, and whether the formation of the district will serve the interests of the water users proposed to be benefited. On the basis of his determination, the director shall enter an order either establishing the aquifer recharge district and defining the boundaries thereof to reflect the area to be benefited, or denying the formation of the district. If the director orders formation of the district, he shall cause copies of the order, duly certified, to be filed with the secretary of state and board of county commissioners, county recorder, county assessor and county treasurer of each county in which any part of the district is situated.
History:
[42-4203, added 1978, ch. 293, sec. 1, p. 727; am. 1979, ch. 8, sec. 2, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4204 - BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS.

42-4204. BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the aquifer recharge district shall consist of five (5) members. Each member shall be a water user, or representative of a water user within the district. The members of the board shall be as follows:
(a) One (1) member shall be a member of a lateral ditch water user’s association, canal company, irrigation district or similar organization;
(b) One (1) member shall be an owner or operator of a commercial fish hatchery licensed in accordance with the provisions of section 22-4602, Idaho Code;
(c) One (1) member shall be a farmer or rancher who is an appropriator of groundwater and whose diversion thereof is accomplished primarily through the operation of a well or wells;
(d) One (1) member shall be a member of the city council of a municipality within the district; and
(e) One (1) member shall be generally representative of the interests of water users within the district.
(2) The first board of directors shall be appointed by the director of the department of water resources. Water users within the district, or groups thereof, may submit to the director, or the director may solicit therefrom, the names of qualified individuals to be considered for appointment to the board.
(3) The term of office of the directors shall be determined by lot so that three (3) members shall serve for a term of two (2) years and two (2) members shall serve for a term of one (1) year. Thereafter, members shall serve two (2) year terms and shall be elected as provided in this section.
(4) On the first Tuesday in February following the expiration of the term of those members serving for one (1) year, and on the first Tuesday in February of each year thereafter, an election shall be held in accordance with the provisions of chapter 14, title 34, Idaho Code, at which directors to succeed those whose terms have expired will be elected. Each director so elected shall possess the qualifications required of all members of the board and in addition shall possess the qualifications of the director whom he is to succeed in office.
(5) In any election for director if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a director’s position, it shall not be necessary for the candidate to stand for election, and the board of directors of the district shall declare such candidate elected as director, and the secretary of the district shall immediately make and deliver to such person a certificate of election.
History:
[42-4204, added 1978, ch. 293, sec. 1, p. 728; am. 1982, ch. 204, sec. 3, p. 540; am. 1985, ch. 10, sec. 1, p. 14; am. 1992, ch. 273, sec. 3, p. 846; am. 1995, ch. 118, sec. 76, p. 492; am. 2021, ch. 325, sec. 12, p. 999.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4205 - MUNICIPALITIES — MANNER OF VOTING FOR DIRECTORS.

42-4205. MUNICIPALITIES — MANNER OF VOTING FOR DIRECTORS. Each municipality which has elected to be and is included within the district shall be entitled to one (1) vote for each director to be elected and the vote of the majority of the members of the city council of each such municipality shall constitute the vote of the municipality for each director to be elected. The voting shall be conducted at a regular meeting of the city council or a special meeting called by the mayor for that purpose to be held on or within a week prior to the date set for election. The voting results shall be certified to by the mayor and forwarded to the secretary of the district prior to the date set for canvassing of election returns by the board of directors. The provisions of section 42-4209, Idaho Code, shall not apply to municipalities.
History:
[42-4205, added 1978, ch. 293, sec. 1, p. 729.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4206 - WATER USERS OTHER THAN MUNICIPALITIES — QUALIFICATIONS FOR VOTING.

42-4206. WATER USERS OTHER THAN MUNICIPALITIES — QUALIFICATIONS FOR VOTING. Any water user, as defined in section 42-4202(1), Idaho Code, or a representative thereof, within the district who possesses the qualifications required of electors under the general laws of the state and who resides within a county or portion thereof situated within the district shall be entitled to vote at any election held under the provisions of this chapter.
History:
[42-4206, added 1978, ch. 293, sec. 1, p. 729.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4207 - REGISTRATION REQUIRED.

42-4207. REGISTRATION REQUIRED. Pursuant to the provisions of section 34-1402, Idaho Code, registration shall be required of qualified electors, as defined in section 42-4206, Idaho Code, in any election held in the aquifer recharge district. In addition to the requirements for registration, the election official shall also verify that the elector is a water user, as defined in section 42-4202(1), Idaho Code, or a representative of such a water user, within the district.(")
History:
[42-4207, added 1978, ch. 293, sec. 1, p. 729; am. 1985, ch. 10, sec. 2, p. 15; am. 1995, ch. 118, sec. 77, p. 493.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4208 - NOTICE OF ELECTION.

42-4208. NOTICE OF ELECTION. The secretary of the district shall give notice of all elections in the district by publication of the notice in accordance with the provisions of section 34-1406, Idaho Code. Notices shall state the time of said election and the location of polling places within the district and the directors to be elected or other question to be voted upon, as the case may be.
History:
[42-4208, added 1978, ch. 293, sec. 1, p. 730; am. 1995, ch. 118, sec. 78, p. 493.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4209 - CONDUCT OF ELECTIONS.

42-4209. CONDUCT OF ELECTIONS. The election shall be conducted in accordance with the general laws of the state including the provisions of chapter 14, title 34, Idaho Code.
The board of directors shall designate polling places in such number as it may deem necessary. At least ten (10) days before the holding of any election, the board shall appoint three (3) electors to serve as judges of election at each polling place. The judges shall perform the same duties as judges of election under the general laws of the state. Immediately after the election, the judges of election shall forward the official results to the secretary of the district.
History:
[42-4209, added 1978, ch. 293, sec. 1, p. 730; am. 1995, ch. 118, sec. 79, p. 494.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4210 - CANVASS OF RETURNS — DECLARATION OF WINNERS.

42-4210. CANVASS OF RETURNS — DECLARATION OF WINNERS. On the first Monday after each election, or at a time designated by the board of directors, the board shall meet at its usual place of meeting and proceed to canvass the returns. By order entered on its minutes, the board shall declare elected the person or persons having the highest number of votes for each office.
History:
[42-4210, added 1978, ch. 293, sec. 1, p. 730.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4211 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.

42-4211. BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office during the pleasure of the board. The treasurer shall on his appointment execute and file with the secretary an official bond in such amount as may be fixed by the board of directors, and shall thereafter from time to time execute and file such further bonds as may be required by the board in amounts fixed by it, which amounts shall be at least fifty percent (50%) of the maximum probable amount of money in the treasurer’s hands at any one time. All such official bonds shall be executed by a lawfully qualified surety company.
(2) The board of directors shall hold a regular annual meeting and may hold such special meetings as may be necessary for the proper transaction of business. Special meetings may be held on seventy-two (72) hours’ notice of the chairman or a majority of the members. A majority shall constitute a quorum for the transaction of business and the concurrence of a majority of the members shall be necessary to constitute the action of the board. All meetings of the board shall be public and all records of the board shall be open to the inspection of any member water user, or representative thereof during business hours.
(3) The members of the board shall each receive not more than twenty-five dollars ($25.00) nor less than five dollars ($5.00) per day for each day spent attending the meetings or while engaged in official business of the board, and actual and necessary travel expenses. The term "actual and necessary expenses" shall include all traveling and lodging expenses necessarily incurred by any director when absent from his residence in the performance of the duties of his office. The board shall fix the compensation to be paid to the other officers of the district.
(4) In case of a vacancy in the office of director occurring otherwise than by the expiration of a term, the remaining members of the board of directors shall fill such vacancy by appointing thereto a qualified water user, member of the district, or representative thereof, possessing the qualifications of the director whose office has become vacant to serve the remainder of the term.
History:
[42-4211, added 1978, ch. 293, sec. 1, p. 730; am. 1985, ch. 10, sec. 3, p. 15.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4213 - LEGAL TITLE TO PROPERTY.

42-4213. LEGAL TITLE TO PROPERTY. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the aquifer recharge district and shall be held by the district in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this chapter. The board of directors is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided.
History:
[42-4213, added 1978, ch. 293, sec. 1, p. 733.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4214 - CONVEYANCE OF PROPERTY — ACTIONS.

42-4214. CONVEYANCE OF PROPERTY — ACTIONS. The board is hereby authorized and empowered to take conveyance of or other assurances for all property acquired by it under the provisions of this chapter in the name of the district for the purposes herein expressed. The board may institute and maintain any and all actions and proceedings, and suits at law and in equity necessary or proper to [in] order to carry out the provisions of this chapter, or to enforce, maintain, protect or preserve any and all rights created by this chapter or acquired in pursuance thereof. In all courts, actions, suits or proceedings the board may sue, appear and defend, in person or by attorneys and in the name of the aquifer recharge district.
History:
[42-4214, added 1978, ch. 293, sec. 1, p. 733.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4215 - LEVY OF ASSESSMENTS.

42-4215. LEVY OF ASSESSMENTS. The secretary of the board of directors shall be the assessor of the district, and on or before August 1 of each year shall prepare an assessment book containing a full and accurate list of all water users within the district.
At a regular meeting of the board between August 1 and November 1 of each year, the board of directors shall determine the amount necessary to be raised for the maintenance and operation of the works and facilities of the district and the payment of such fees as may be charged to the district for the use of canals or other diversion works owned or operated by a canal company or companies or other entity or entities, and shall levy assessments against the water users in the district sufficient to raise such amount. Moneys received in payment of such assessments shall be deposited in a separate fund to be known as the maintenance and operation fund. The board also may levy assessments against the water users in the district for the repayment of indebtedness incurred by the board on behalf of the district, as provided in section 42-4216, Idaho Code. Money received in payment of such assessments shall be deposited in a separate fund to be known as the debt retirement fund. The board of directors may, in addition, determine the amount necessary to pay the expenses of making the assessment book, giving notice of assessments and making collections thereof and may levy assessments against the water users in the district sufficient to raise such amount. Moneys received in payment of such assessments shall be deposited in a separate fund to be known as the assessment expense fund.
Each water user shall pay a proportionate share of the total of all amounts to be raised for the purposes aforementioned, which share shall be based on the ratio which the quantity of water such water user is authorized to appropriate under his water right or rights bears to the total quantity of water authorized for appropriation under the water rights of all water users in the district; provided, however, that the combined annual assessment against each water user shall not exceed ten dollars ($10.00) per second foot of water the water user is entitled to appropriate under his water right or rights.
History:
[42-4215, added 1978, ch. 293, sec. 1, p. 733.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4216 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.

42-4216. POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT. In order to secure funds for the construction of diversion works and facilities of the district, or the construction of any capital improvements thereto, 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 42-4215, Idaho Code.
History:
[42-4216, added 1978, ch. 293, sec. 1, p. 734.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4217 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.

42-4217. 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 42-4215, 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 of [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:
[42-4217, added 1978, ch. 293, sec. 1, p. 735.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4218 - LIEN OF ASSESSMENT.

42-4218. 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:
[42-4218, added 1978, ch. 293, sec. 1, p. 735.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4219 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.

42-4219. 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.
Assessments unpaid on December 31 shall be delinquent and shall bear interest at the rate of eight percent (8%) per annum until paid. Delinquent assessments, in addition, shall be subject to a penalty in the amount of fifty cents ($.50) per second foot of water the water user is entitled to appropriate under the water right or rights forming the basis of his assessment.
The maximum annual assessment limitation specified in section 42-4215, 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:
[42-4219, added 1978, ch. 293, sec. 1, p. 735.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4220 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.

42-4220. 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.
History:
[42-4220, added 1978, ch. 293, sec. 1, p. 736.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4221 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.

42-4221. 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:
[42-4221, added 1978, ch. 293, sec. 1, p. 736.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4222 - MUNICIPALITIES — SPECIAL TAX TO PROCURE FUNDS FOR PAYMENT OF ASSESSMENTS.

42-4222. MUNICIPALITIES — SPECIAL TAX TO PROCURE FUNDS FOR PAYMENT OF ASSESSMENTS. Municipalities shall be solely liable for payment of the assessments levied against them, but in order that sufficient funds shall be available therefore, municipalities within the district are hereby empowered and directed to levy a special tax upon all the taxable property within the municipality in an amount equal to the assessment.
Assessments against municipalities unpaid on the date specified in section 42-4219, Idaho Code, shall become delinquent, shall bear interest and shall be subject to the penalty as therein provided, but the provisions of sections 42-4220 and 42-4221, Idaho Code, shall not apply thereto. The board of directors may proceed in any other manner authorized by law for the collection of any such delinquent assessments.
History:
[42-4222, added 1978, ch. 293, sec. 1, p. 736.]