reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-102 - PETITION FOR ORGANIZATION.

43-102. PETITION FOR ORGANIZATION. A petition shall be first presented to the board of county commissioners of the county in which the greatest proportion of the proposed district is situated, signed by the required number of holders of title or evidence of title to the required area of such proposed district, evidenced as above provided, which petition shall set forth and describe, with the degree of certainty required by law in a tax roll, all the lands proposed to be included in said district, and shall state whether it is proposed to purchase irrigation works already in operation or to construct new works, or as the case may be, and shall pray that the same be organized into an irrigation district. The petition, together with all maps, cross sections and papers filed therewith, shall, at all proper hours, be open to public inspection at the office of the clerk of the board of county commissioners between the date of their said filing and the date of the final hearing thereon.
History:
[(43-102) 1903, p. 150, part of secs. 2, 3; am. 1907, p. 484, sec. 1, subd. 2, and last part of subd. 3; compiled R.C. & C.L., sec. 2373; C.S., sec. 4314; I.C.A., sec. 42-102.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-103 - MAPS AND WATER SUPPLY DATA.

43-103. MAPS AND WATER SUPPLY DATA. If it be proposed by said petition to construct new works for the irrigation of said lands, or to purchase works only partially completed and not yet in operation, the petitioners must accompany the petition with a map of the proposed district. Said map shall show the location of the proposed canal or other works by means of which it is intended to irrigate the proposed district, and all the canals situated within the boundaries of the proposed district: provided, that canals that only pass through said lands and which do not in fact irrigate any of the same need not be shown. If said water supply be from natural streams, the flow of said stream or streams shall be stated in terms of cubic feet per second. If the water supply for said district is to be gathered by storage reservoirs, said map shall show the location of said proposed reservoirs, and shall give their capacity in acre feet. Said map shall be drawn to a scale of two (2) inches to the mile. Cross sections of the proposed canal, and all canals existing within the boundaries of said proposed district and shown on said map, and all proposed dams and embankments, shall be given in sufficient number to show the contemplated mode of construction, and the capacity shall be given in cubic feet per second of the proposed and said existing canals. Such cross sections shall be drawn to a scale of ten (10) feet to the inch, and said map and cross sections, together with an estimate of the cost of such works, shall be certified to by a well known and competent irrigation engineer.
History:
[(43-103) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374; C.S., sec. 4315; I.C.A., sec. 42-103.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-104 - BOND.

43-104. BOND. The petitioners must also accompany the petition with a bond, to be approved by the said board of county commissioners, in double the amount of the probable cost to the county of organizing such district, conditioned that the bondsmen will pay all said costs, in case said organization be not effected.
History:
[(43-104) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374a; C.S., sec. 4316; I.C.A., sec. 42-104.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-105 - NOTICE OF PRESENTATION TO COMMISSIONERS.

43-105. NOTICE OF PRESENTATION TO COMMISSIONERS. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing said clerk shall publish a general notice that (giving the first name on the petition) and others have filed a petition for the organization of an irrigation district. If it be proposed in said petition to construct a new canal system, such notice shall state that fact and give the numbers of the sections in which the lands are situated which it is proposed to include in said district, but if it is proposed to purchase a canal already in operation, the notice shall state that fact and give the name by which such canal system is generally known, and shall state that the lands covered by said canal system are the lands proposed to be included in such district. The notice shall further state the time at which such petition will be presented to the board of county commissioners, which time shall be during a regular meeting of said board or a special meeting called for that purpose, and such notice shall be published two (2) weeks before the day on which the same is to be presented, and if any portion of such proposed district be within another county or counties, then said notice shall be published in a newspaper published in each of said counties.
History:
[(43-105) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374b; C.S., sec. 4317; I.C.A., sec. 42-105.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-106 - NOTICE OF HEARING.

43-106. NOTICE OF HEARING. When such petition is presented, the said board shall set a time for a hearing upon the same, which time shall not be less than four (4) nor more than eight (8) weeks from the date of presentation. A notice of the time of such hearing shall be published by said board, at least three (3) weeks before the time of such hearing, in a newspaper published within each of the counties in which any part of said district is situated.
History:
[(43-106) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374, am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; reen. C.L., sec. 2374c; C.S., sec. 4318; I.C.A., sec. 42-106.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-107 - EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSIONERS — AMENDMENT OF PLAN.

43-107. EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSIONERS — AMENDMENT OF PLAN. A copy of such petition and all maps and other papers filed with the same shall be filed in the office of the department of water resources at least four (4) weeks before the date set for such hearing. It shall be the duty of the department to examine such petition, maps and other papers, and, if it deem it necessary, to further examine the proposed district, the works proposed to be purchased, or the location of the works to be constructed, and it shall prepare a report upon the matter in such form as it deems advisable, and submit the same to the board of county commissioners at the meeting set for the hearing of said petition. Whenever the department of water resources shall report to the board of county commissioners against the organization of such district, said board of county commissioners shall refuse to further consider such petition unless it be requested in writing so to do by three-fourths (3/4) of the landowners in said proposed district, such ownership to be determined as provided in section 43-101[, Idaho Code]. At the time set for hearing the board may, on receiving an adverse report from the department, adjourn the proceedings for two (2) weeks for the purpose of enabling the petitioners to file a request for such further proceedings. In any case, the petitioners may amend such plan of irrigation at such hearing to meet the approval of the department, or as they may find advisable. It shall be the duty of the county commissioners to notify the department of water resources of the final action, either favorable or unfavorable, taken upon a petition for the formation of an irrigation district.
History:
[(43-107) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374, am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; compiled and reen. C.L., 2374d; C.S., sec. 4319; am. 1921, ch. 172, sec. 1, p. 367; I.C.A., sec. 42-107.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-108 - ORDER OF BOARD.

43-108. ORDER OF BOARD. When they shall have determined to proceed with the matter, said board may adjourn such hearing from time to time, not exceeding four (4) weeks in all, and on final hearing may make such changes in the proposed boundaries as they may find proper, and shall make an order on their records describing the lands which they shall have determined to include in said district, and stating that such lands will be organized into an irrigation district if the vote of the electors thereafter to be taken on the proposition shall be favorable to such organization: provided, that any person whose lands are susceptible of irrigation from the same source may, in the discretion of the board, upon application by him, have such lands included in said district.
History:
[(43-108) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; compiled and reen. C.L., sec. 2374e; C.S., sec. 4320; I.C.A., sec. 42-108.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-109 - DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.

43-109. DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS. Such board shall also make an order dividing the district into not less than three (3) nor more than seven (7) divisions of as nearly equal size as practicable, which shall be numbered first, second, third, etc., and one (1) director, who shall be an elector and resident in the division, shall be elected from each division of the district at large, except that in districts of three thousand (3,000) acres or less the directors may be elected from qualified electors, holding title or evidence of title to land in the district and residing in the county in which some portion of the district is located. The number of divisions into which said district shall be divided shall be specified in the petition for the organization of the district, and if not otherwise specified shall be three.
History:
[(43-109) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374; am. 1915, ch. 89, sec. 1, last part of subd. 2374, p. 207; reen. C.L., sec. 2374f; C.S., sec. 4321; I.C.A., sec. 42-109; am. 1957, ch. 80, sec. 1, p. 130.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-110 - NOTICE OF ELECTION.

43-110. NOTICE OF ELECTION. Said board shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this title. Such notice shall describe the lands in said district with the certainty required in an ordinary deed and shall state the name of the proposed district as designated by the board of commissioners, and shall state that a map showing the lands in said district is on file in the office of the board of county commissioners, which map, if not previously made as required herein, shall be made by the petitioners after the determination of said commissioners of the question of what lands shall be included in the proposed district, and if previously made, lands added to said district or deducted therefrom by the board may be indicated thereon. Said notice shall be published for four (4) weeks prior to such election, in a newspaper published within each of said counties as aforesaid. Such notice shall require the electors to cast ballots which shall contain the words "Irrigation district–yes," or "Irrigation district–no," or words equivalent thereto, and also the name of one (1) person from each such division for director of said district.
History:
[(43-110) 1903, p. 150, sec. 2b, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2375; am. 1915, ch. 49, sec. 1, first part of subd. 2375, p. 136; reen. C.L., sec. 2375; C.S., sec. 4322; I.C.A., sec. 42-110.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-111 - QUALIFICATIONS OF VOTERS — VOTES BASED ON ASSESSED ACRES.

43-111. QUALIFICATIONS OF VOTERS — VOTES BASED ON ASSESSED ACRES. (1) No person shall be entitled to vote at any election held under the provisions of this title for the purpose of electing directors, for the purpose of determining whether indebtedness shall be created or bonds issued by the district, or for any other purpose, unless he shall possess all the qualifications required of electors under the general laws of the state, and own lands that are on the district’s assessment book prepared under section 43-701, Idaho Code, and be a resident of the county in which the district, or a portion thereof, is located for a period of thirty (30) or more days next preceding the election; provided that the bylaws may, by resolution of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of the electors voting in a district election conducted in accordance with the general election laws of the state applicable to irrigation districts, set forth a provision allowing a district landowner to vote, if the landowner possesses all the qualifications required of electors under the general laws of the state and has resided within fifteen (15) miles of the district for a period of at least thirty (30) days prior to the election.
(2) After approval by a majority of the electors voting upon the issue in a district election conducted using the elector criteria of subsection (1) of this section, in subsequent district elections, a person having the qualifications described in subsection (1) of this section shall have the right to cast one (1) vote for each acre of land on the district assessment book and a proportionate vote for each fraction of an acre of land on the district assessment book owned by him within the district. Co-owners or multiple owners of parcels of land shall cast no more than the total number of votes represented by the acres or fraction of acres of assessed land within the district.
History:
[(43-111) 1903, p. 150, sec. 2b, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2375; am. 1915, ch. 49, sec. 1, last part of subd. 2375, p. 136; reen. C.L., sec. 2375a; C.S., sec. 4323; I.C.A., sec. 42-111; am. 1933, ch. 27, sec. 1, p. 36; am. 1951, ch. 27, sec. 1, p. 39; am. 1982, ch. 254, sec. 11, p. 653; am. 1999, ch. 207, sec. 1, p. 554; am. 2006, ch. 200, sec. 1, p. 616; am. 2007, ch. 160, sec. 1, p. 483; am. 2022, ch. 104, sec. 1, p. 356.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-112 - CONDUCT OF ELECTIONS.

43-112. CONDUCT OF ELECTIONS. (1) Such election shall be conducted as nearly as practicable in accordance with the general laws of the state: provided, no particular form of ballot shall be required, and that the provisions of the election laws as to the form and distribution of ballots shall not apply.
Said board of county commissioners shall establish one (1) or more election precincts, not exceeding seven (7), as may be necessary, and define the boundaries thereof, which boundaries, when the district is divided into precincts, shall be the same as the division boundaries above-provided for and which said precincts may thereafter be changed by the board of directors of such district as may be necessary: provided, that districts containing more than ten thousand (10,000) acres shall have not less than three (3), nor more than seven (7) voting precincts.
Said board shall also appoint three (3) judges of election for each such election precinct, who shall perform the same duties as near as may be as judges of election, under the general laws of the state.
(2) When an irrigation district has duly adopted the voting system set forth in subsection (2) of section 43-111, Idaho Code, and a person seeks to vote at any district election, following completion of an electors oath as required by section 43-113, Idaho Code, one (1) of the judges of election shall deliver to the elector the number of ballots for the votes the elector is entitled to cast, as shown by the registrar’s list of assessed lands within the district.
History:
[(43-112) 1903, p. 150, sec. 3; am. 1907, p. 484, sec. 1; R.C., sec. 2376; am. 1915, ch. 47, sec. 1, p. 134; reen. C.L., sec. 2376; C.S., sec. 4324; am. 1925, ch. 123, sec. 1, p. 169; I.C.A., sec. 42-112; am. 2006, ch. 200, sec. 2, p. 616.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-113 - REGISTRATION NOT REQUIRED.

43-113. REGISTRATION NOT REQUIRED. No registration shall be required in any irrigation district election, but in lieu thereof the judges of election shall require every elector to subscribe to an elector’s oath as prerequisite to casting his vote, and such oath shall be the usual elector’s oath with the following words added thereto, "and I own land within the …. irrigation district, and am a resident of the county within which the district, or a portion thereof, is located."
History:
[(43-113) 1903, p. 150, sec. 3; am. 1907, p. 484, sec. 1; compiled R.C., sec. 2376; am. 1915, ch. 47, sec. 1, last part of subd. 2376, p. 134; reen. C.L., sec. 2376a; C.S., sec. 4325; I.C.A., sec. 42-113; am. 1933, ch. 109, sec. 1, p. 170; am. 1951, ch. 27, sec. 2, p. 39.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-114 - CANVASS OF VOTES — COMPLETION OF ORGANIZATION.

43-114. CANVASS OF VOTES — COMPLETION OF ORGANIZATION. Immediately after any election for voting upon the organization of an irrigation district, the judges of such election shall forward the official results of said election to the clerk of said board of county commissioners. The said board of county commissioners shall meet within ten (10) days after said returns are received, and shall proceed to canvass the votes cast thereat, and if upon such canvass it appears that two-thirds (2/3) of the votes cast are "Irrigation district–yes," the said board shall, by order entered on its minutes, declare such territory duly organized as an irrigation district, under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for such several offices to be duly elected to such offices.
History:
[(43-114) 1903, p. 150, part of 3a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; reen. C.S., sec. 2377; C.S., sec. 4326; I.C.A., sec. 42-114.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-115 - LIMITATION ON PROCEEDINGS AFFECTING VALIDITY.

43-115. LIMITATION ON PROCEEDINGS AFFECTING VALIDITY. No action shall be commenced or maintained, or defense made affecting the validity of such organization after two (2) years from and after the making and entering of said order on its minutes by the board of county commissioners.
History:
[(43-115) 1903, p. 150, part of sec. 3, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; compiled and reen. C.L., sec. 2377a; C.S., sec. 4327; I.C.A., sec. 42-115.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-116 - ORGANIZATION MEETING OF BOARD.

43-116. ORGANIZATION MEETING OF BOARD. Said board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands are situated.
If it shall appear, however, that more than one-third (1/3) of said votes are "Irrigation district–no," then a record of that fact shall be duly entered upon the minutes of said board, and all proceedings in regard to the organization of said district shall be void, and the expenses properly incurred thereunder may be collected on the bond provided for in section 43-104, Idaho Code.
From and after the date of such filing of said order of the board of county commissioners, the organization of such district shall be complete. The directors of the district shall be entitled to enter immediately upon the duties of their respective offices, upon qualifying according to law, and shall hold such offices respectively, until their successors are elected and qualified. The board of directors so elected shall meet within thirty (30) days after their election and elect a director to hold the office of president, and shall appoint a secretary and treasurer, who shall perform the duties imposed upon such officers under this title.
History:
[(43-116) 1903, p. 150, part of sec. 3a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; compiled and reen. C.L., sec. 2377b; C.S., sec. 4328; I.C.A., sec. 42-116; am. 2014, ch. 71, sec. 1, p. 178.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-117 - TREASURER’S OFFICIAL BONDS.

43-117. TREASURER’S OFFICIAL BONDS. 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 of the district, which shall not be less than $5000; and shall thereafter from time to time execute and file such further bonds as may be required by said board in amounts fixed by it, which amounts shall be of at least fifty per cent (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.
History:
[(43-117) 1903, p. 150, part of sec. 3a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2377; am. 1915 ch. 143, sec. 2, part of subd. 2377, p. 304; compiled and reen. C.L., sec. 2377c; C.S., sec. 4329; am. 1929, ch. 110, sec. 1, p. 178; I.C.A., sec. 42-117.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-118 - DISTRICTS INCLUDING LANDS UNDER EXISTING CANALS — DECREE OF CONFIRMATION — RIGHTS OF LANDOWNERS — POWERS OF DISTRICTS.

43-118. DISTRICTS INCLUDING LANDS UNDER EXISTING CANALS — DECREE OF CONFIRMATION — RIGHTS OF LANDOWNERS — POWERS OF DISTRICTS. Where the petition or petitions for the organization of any irrigation district now or hereafter organized under the laws of the state of Idaho, includes lands lying under any existing irrigation canal or canals, and entitled to receive water therefrom for irrigation purposes, and such petition or petitions recite that it is proposed to construct or purchase or acquire an interest in any reservoir, or reservoirs constructed, or to be constructed by or in cooperation with the United States or under contract with the United States, the decree of the district court confirming the organization of such irrigation district shall recite such provision of said petition, or petitions, and the landowners of said district who by reason of stock ownership (in the canal company or companies owning or operating any of such existing canal), or otherwise, own or are entitled to the use of canal capacity or a proportionate interest in any such canal, shall be entitled to have delivered into such canal for the use and benefit of such landowners their proportionate share of the district’s share of the stored water from such reservoir in the proportion that their lands are assessed for such reservoir, in such amounts, or at such rate of delivery as may be needed by the landowners not in excess of the amount which can be safely carried through such landowners’ proportionate share of such canal, whenever such canal is not being utilized to its full capacity in carrying the natural flow or other water owned or controlled by the canal company operating said canal and the board of directors of such district shall have power to provide by contract for the carriage and distribution of the stored water from such reservoir to the landowners of the district through such existing canals, but such district shall be without power to purchase or condemn or otherwise acquire, or to operate or control any such canal, unless such petition for the organization of such district shall also recite the purpose to acquire such canal or canals.
History:
[(43-118) 1923, ch. 88, sec. 1, p. 100; I.C.A., sec. 42-118.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 1 - ORGANIZATION OF DISTRICT › Section 43-119 - RIGHTS AND PRIVILEGES OF CORPORATIONS — LIMITED LIABILITY COMPANIES — PARTNERSHIPS — TRUSTS.

43-119. RIGHTS AND PRIVILEGES OF CORPORATIONS — LIMITED LIABILITY COMPANIES — PARTNERSHIPS — TRUSTS. A corporation, the stock of which is owned entirely by natural persons related by blood or affinity, a limited liability company, in which all the members are natural persons related by blood or affinity, a partnership, in which all the partners are natural persons related by blood or affinity, and a trust, in which all of the beneficiaries are natural persons related by blood or affinity, shall have the same rights and privileges in the conduct of irrigation district business as do natural persons, including, but not limited to, voting in elections and signing petitions. A corporation shall vote or otherwise act through its majority shareholder; a limited liability company shall vote or otherwise act, if member-managed, through its member and, if manager-managed, through its manager; a partnership shall vote or otherwise act through its majority partner; a trust shall vote or otherwise act through its trustee. For voting purposes the residence of such person shall establish the residence of the corporation, limited liability company, partnership or trust. If there is no single majority stockholder, no single majority member, no single manager, no single majority partner or no single trustee, then the corporation, limited liability company, partnership or trust must furnish the irrigation district a written designation stating the name of the stockholder, manager or member, partner or trustee who is authorized to vote and otherwise act for the corporation, limited liability company, partnership or trust, respectively. If the majority or designated stockholder, manager or member, partner or trustee is married, his or her spouse shall have the same rights and privileges in the conduct of irrigation district business as do the spouses of individual land owners in the district. A person, or the spouse of a person, voting for a corporation, limited liability company, partnership or trust shall not be entitled to vote again as an individual.
History:
[43-119, added 1983, ch. 49, sec. 1, p. 120; am. 2010, ch. 142, sec. 1, p. 299; am. 2013, ch. 333, sec. 1, p. 870.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-201A - WHEN ELECTION NOT REQUIRED.

43-201A. WHEN ELECTION NOT REQUIRED. If, pursuant to section 43-201, Idaho Code, the secretary of the district verifies that there is only one (1) qualified candidate who has been nominated for the position of director to be filled, it shall not be necessary to hold an election for that position, and the board of directors shall declare such candidate elected as director at the next regularly scheduled board meeting following the expiration of the date for filing written nominations. If the secretary of the district verifies that there is no qualified candidate, the incumbent director’s term of office shall continue until the director’s successor is elected and qualified. The procedure set forth in this section shall not apply to any other irrigation district election.
History:
[43-201A, added 1979, ch. 293, sec. 1, p. 772; am. 2012, ch. 119, sec. 1, p. 335; am. 2014, ch. 64, sec. 1, p. 167.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-202 - DIRECTOR’S OATH AND BOND.

43-202. DIRECTOR’S OATH AND BOND. On the date a director’s term of office is to begin, at the meeting of the irrigation district’s board of directors as provided in section 43-201(2), Idaho Code, the person that has been elected shall: (1) take and subscribe the official oath required by section 59-401, Idaho Code, in which the person shall verify that he or she meets the qualification requirements of section 43-111, Idaho Code; (2) be presented a certificate of election; (3) execute a bond if one (1) is hereinafter required; and (4) assume the duties of the office of director. The incumbent director’s term of office shall be terminated upon the next director’s assumption of office as provided in this section. Each director shall file the same in the office of the board of directors, and execute the bond hereinafter provided for. Each member of said board of directors shall execute an official bond in the sum of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), the amount to be determined and approved by the judge of the probate court of said county where such organization was effected and shall be recorded in the office of the county recorder thereof and filed with the secretary of said board. All official bonds provided for in this title shall be in the form prescribed by law for the official bond of county officers. If the district obtains a surety bond, blanket surety bond or crime insurance coverage pursuant to the applicable provisions of chapter 8, title 59, Idaho Code, the directors shall not be required to post a bond under the provisions of this section.
History:
[(43-202) 1903, p. 150, part of sec. 4; reen. R.C., sec. 2378; am. 1915, ch. 48, sec. 1, p. 135; am. 1917, ch. 90, sec. 1, part of subd. 2378, p. 313; reen. C.L., sec. 2378a; C.S., sec. 4331; I.C.A., sec. 42-202; am. 2010, ch. 285, sec. 1, p. 766; am. 2013, ch. 133, sec. 2, p. 305.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-203 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PETITION.

43-203. INCREASING OR DECREASING NUMBER OF DIRECTORS — PETITION. In any irrigation district, organized under the laws of the state of Idaho, having three (3), five (5) or seven (7) directors, whenever a petition amounting to fifty per cent (50%) of the votes cast at the last annual election within the district, shall be filed with the board of directors of such district asking for an election within the district, for the purpose of increasing or decreasing the number of directors of such district, such board of directors shall thereafter immediately call an election for the purpose of deciding the question: provided, that the petition shall recite that each signer thereof is a legal voter, or land holder within such district and the signatures thereupon are verified by the person or persons circulating the same: provided, that the petition shall specify the number of directors demanded, which shall be three (3), five (5) or seven (7): provided, that such petition shall represent not less than twenty-five per cent (25%) of the area of the lands within such district as shown by the records of the district.
History:
[(43-203) 1915, ch. 91, sec. 1, p. 210; reen. C.L., sec. 2378b; C.S., sec. 4332; I.C.A., sec. 42-203.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-204 - INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION.

43-204. INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION. Upon the filing of a petition with the board of directors of any irrigation district as provided in section 43-203[, Idaho Code,] the board of directors of such district shall set a date for hearing the said petition, not less than two (2) weeks and not more than sixty (60) days after the first regular monthly meeting following the filing of such petition, and if the petition does comply with the requirements of section 43-203[, Idaho Code,] then the directors shall immediately thereafter order an election upon the question, and proceed according to the laws governing elections within irrigation districts for the submission of questions of creating indebtedness.
History:
[(43-204) 1915, ch. 91, sec. 2, p. 210; reen. C.L., sec. 2378c; C.S., sec. 4333; I.C.A., sec. 42-204.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-204B - BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED.

43-204B. BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED. The bylaws of the district may set forth a provision eliminating or limiting the personal liability of a director to the district or its qualified electors for monetary damages for breach of fiduciary duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(a) For any breach of the director’s duty of loyalty to the district or its qualified electors.
(b) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law.
(c) For any transaction from which the director derived an improper personal benefit.
No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective.
History:
[43-204B, added 1988, ch. 325, sec. 2, p. 988.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-205 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PROCEDURE FOLLOWING ELECTION.

43-205. INCREASING OR DECREASING NUMBER OF DIRECTORS — PROCEDURE FOLLOWING ELECTION. Upon the canvass of the returns, as provided by section 43-208[, Idaho Code], of any election for determining the number of the directors for any irrigation district, and if there be any change voted, then the board shall immediately proceed to redivide the said district into directors’ divisions of convenient boundaries and as nearly as possible of equal area, and appoint a qualified person from each division as a director whose term of office shall expire with the next regular election, and the first succeeding directors elected under the new arrangement shall determine their terms of office as contemplated by this chapter, and in case the number of directors shall have been decreased the old members of the board of directors shall continue in office until the expiration or sooner determination of their terms, successors being appointed or elected only in divisions where representation will terminate with the term of such director.
History:
[(43-205) 1915, ch. 91, sec. 3, p. 210; reen. C.L., sec. 2378d; C.S., sec. 4334; I.C.A., sec. 42-205.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-206 - NOTICE OF ELECTION — APPOINTMENT OF JUDGES.

43-206. NOTICE OF ELECTION — APPOINTMENT OF JUDGES. (1) The secretary of the district shall give notice of all elections in said district subsequent to the organization thereof, by posting the same in three (3) public places in each such precinct and in the office of said board, at least four (4) weeks before the day of such election, or by publication of the same once a week for two (2) successive weeks in a newspaper having general circulation within said district. If notice be given by publication in a weekly newspaper, the same shall be published in two (2) successive issues thereof, or, if in a daily newspaper, at least six (6) days shall elapse between the first and last dates of publication, and, in either case, publication shall be completed not less than fifteen (15) days before such election. Notices shall state the time of said election and the polling place for each precinct and the director to be elected or other question to be voted upon, as the case may be. At least ten (10) days before the holding of any such election, the board of directors shall appoint three (3) electors of each precinct to serve as judges of election for such precinct, and such judges shall constitute a board of election for such precinct.
(2) A polling place for a precinct need not be located in the precinct, but shall be located within the district. Polling places for two (2) or more precincts may be combined at one (1) location, as long as the physical arrangements of the polling place are sufficient to guarantee all voters the right to cast a secret ballot. Any combined polling place thus created shall be no farther than ten (10) miles outside of the precinct which is losing its polling place. In cases of combined polling places, the board of directors shall name one (1) elector from each of the combined precincts to serve as judges of election for that polling place.
(3) Notwithstanding other provisions of this section, irrigation districts comprising fifteen thousand (15,000) or fewer irrigated acres within their boundary may, upon resolution of the board of directors, combine all precincts into one (1) polling place. In cases where such a district resolves to combine precincts into a single polling place, the polling place shall be the irrigation district office, and the board of directors shall name one (1) elector from each precinct to serve as judges of election at the combined polling place.
History:
[43-206, added 1903, sec. 5, p. 150; am. 1907, sec. 1, p. 484, part of subd. 5; reen. R.C., sec. 2379; am. 1913, ch. 116, sec. 1, p. 453; reen. C.L., sec. 2379; C.S., sec. 4335; I.C.A., sec. 42-206; am. 1951, ch. 149, sec. 1, p. 342; am. 1965, ch. 29, sec. 1, p. 47; am. 1975, ch. 240, sec. 1, p. 649; am. 1976, ch. 146, sec. 1, p. 532; am. 2014, ch. 71, sec. 2, p. 178; am. 2020, ch. 177, sec. 1, p. 549.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-207 - CONDUCT OF ELECTION.

43-207. CONDUCT OF ELECTION. Said judges shall elect a chairman, who may administer any oath required in the progress of an election, and may appoint additional judges if, during the progress of election, any judges cease to act. Said judges of election shall not appoint clerks of election unless they deem it necessary to have the assistance of clerks in order to accommodate the number of electors who desire to vote. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of the election. Before opening the polls, each member of the board of election and each clerk, in case clerks are appointed, must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of tally lists, and the making and certifying said result, and the disposition of the ballots after the election, shall be the same as near as may be, as provided for election under the general election laws of the state: provided, that the returns shall be delivered to the secretary of the district, and the election oaths shall be included with such returns; provided further, that by resolution of the board of directors duly entered on the minutes, at any regular meeting, and notice thereof given in the notices of election, any irrigation district may provide for the opening of the polls at 1 o’clock P.M. and closing at 7 P.M.
History:
[(43-207) 1903, p. 150, part of sec. 6; am. 1907, p. 484, sec. 1, part of subd. 6; reen. R.C., sec. 2380; am. 1915, ch. 87, sec. 1, part of subd. 2380, p. 205; compiled and reen. C.L., sec. 2380; C.S., sec. 4336; I.C.A., sec. 42-207; am. 1941, ch. 36, sec. 1, p. 83; am. 1945, ch. 7, sec. 1, p. 9.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-208 - CANVASS OF RETURNS.

43-208. CANVASS OF RETURNS. The board of directors must meet at its usual place of meeting on or before the next regularly scheduled board meeting following each election to canvass the returns, and they shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when they shall have declared the result, the secretary shall enter a statement of the result on the records of the board of directors as required by section 43-213, Idaho Code. The board of directors must declare elected the person or persons having the highest number of votes for each office.
History:
[(43-208) 1903, p. 150, part of sec. 6; am. 1907, p. 484, sec. 1, part of subd. 6; reen. R.C., sec. 2380; am. 1915, ch. 87, sec. 1, p. 205; reen. C.L., sec. 2380a; C.S., sec. 4337; I.C.A., sec. 42-208; am. 2008, ch. 207, sec. 1, p. 661; am. 2013, ch. 133, sec. 3, p. 305.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-209 - VACANCIES.

43-209. VACANCIES. (1) Each director shall meet the qualification requirements of section 43-201(3), Idaho Code, during his term of office. Each director shall notify the other directors if circumstances change so that he will no longer meet those requirements during his term of office, or if any of the events specified in section 59-901, Idaho Code, are occurring or have occurred. The remaining directors shall have the authority to determine whether a vacancy in the office of director has occurred upon the director no longer qualifying to serve as a director as provided in section 43-201(3), Idaho Code, or upon the occurrence of any of the events specified in section 59-901, Idaho Code.
(2) If the remaining directors determine that a vacancy in the office of director has occurred as provided in subsection (1) of this section, the remaining directors shall, by resolution, declare that the vacancy shall be filled as herein provided. The remaining directors may allow the disqualified director to remain in office temporarily until his successor is appointed or elected if they determine that they will be unable to conduct the district’s affairs without a director serving in that office. The disqualified director shall not remain in office after the district’s next regular election.
(3) After declaring a vacancy, the remaining directors shall fill such vacancy by appointing thereto a qualified elector under the provisions of section 43-201, Idaho Code. A director appointed to fill a vacancy shall take and subscribe the official oath and execute a bond if one is required in the case of an elected director under section 43-202, Idaho Code, and shall hold his office until the next regular election of said district, at which election a director shall be elected for the remainder of the unexpired term.
(4) Any person filling a vacancy as herein provided shall possess all the rights and powers and is subject to all the liabilities, duties and obligations of the office filled.
History:
[(43-209) 1903, p. 150, part of sec. 6; am. 1907, p. 484, sec. 1, part of subd. 6; reen. R.C., sec. 2380; am. 1915, ch. 87, sec. 1, p. 205; reen. C.L., sec. 2380b; C.S., sec. 4338; I.C.A., sec. 42-209; am. 1953, ch. 130, p. 206; am. 2014, ch. 70, sec. 1, p. 177; am. 2014, ch. 71, sec. 3, p. 179; am. 2021, ch. 111, sec. 1, p. 353.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-210 - VOTING AND COUNT OF BALLOTS.

43-210. VOTING AND COUNT OF BALLOTS. Voting may commence as soon as the polls are open and may continue during all the time the polls remain open, and shall be conducted as nearly as practicable in accordance with the provisions of title 34 of this code relating to elections. As soon as the polls are closed the judges shall open the ballot box and shall commence counting the votes; and in no case shall the ballot box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out, one by one by the chairman of the board of election or one (1) of the judges, who shall open them and read aloud the name of each person contained thereon, and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for such office, and shall keep the number of votes by tallies as they are read by such chairman or judge. The counting of the votes shall continue without adjournment until all the votes have been counted.
History:
[(43-210) 1903, p. 150, sec. 7; am. R.C. & C.L., sec. 2381; C.S., sec. 4339; I.C.A., sec. 42-210.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-211 - DISPOSAL OF BALLOTS.

43-211. DISPOSAL OF BALLOTS. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to fill which he was voted for, which number shall be written in words and figures at full length. Each certificate shall be signed by all members of the board of election and by both clerks. One (1) of said certificates, with the poll list and tally paper to which it is attached, shall be retained by the chairman of the board of election, and preserved by him for at least six (6) months. The ballots shall be strung on a cord or thread by the said chairman, during the counting thereof, in the order in which they are entered upon the tally list by the clerks; and said ballots, together with the other of said certificates with the poll list and tally paper to which it is attached, shall be sealed by the said chairman in the presence of the other of said judges and clerks, and indorsed "Election returns of (naming precinct) precinct," and be directed to the secretary of the board of directors, and shall be immediately delivered by said chairman, or by other safe and responsible carrier designated by him, to said secretary, and the ballots shall be kept unopened for at least six (6) months, and if any person be of the opinion that the vote of any precinct has not been correctly counted he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the precinct that is claimed to have been incorrectly counted.
History:
[(43-211) 1903, p. 150, sec. 8; reen. R.C. & C.L., sec. 2382; C.S., sec. 4340; I.C.A., sec. 42-211.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-212 - INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS.

43-212. INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS. No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. If, at the time of the meeting, the returns of each precinct in which polls have been opened have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six (6) postponements have been had. The canvass must be made in public and by opening the returns and counting the vote of the district for each person voted for and declaring the result thereof.
History:
[(43-212) 1903, p. 150, sec. 9; am. R.C. & C.L., sec. 2383; C.S., sec. 4341; I.C.A., sec. 42-212.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-213 - STATEMENT OF RESULT.

43-213. STATEMENT OF RESULT. The secretary of the board of directors must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show:
1. The whole number of votes cast in the district and in each voting precinct thereof.
2. The names of the person or persons voted for.
3. The office to fill which each person was voted for.
4. The number of votes given in each precinct to such person or persons.
5. The number of votes given in the district for such person or persons.
The board of directors must declare elected the person or persons having the highest number of votes given for each office.
History:
[(43-213) 1903, p. 150, sec. 10; am. R.C. & C.L., sec. 2384; C.S., sec. 4342; I.C.A., sec. 42-213.]