reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4223 - CONTRACTS TO RECEIVE BENEFITS.

42-4223. CONTRACTS TO RECEIVE BENEFITS. Any privately owned electrical generating company, or any person or entity who has acquired or is in the process of acquiring a right to appropriate water downstream from the boundaries of the district may enter into a contract with the board of directors of the aquifer recharge district for the receipt of benefits from the district. The consideration to be paid by any company, person or entity so contracting shall be as specified in the contract. Approval of any such contract by the director of the department of water resources shall be required before the contract shall become effective.
A contract executed and approved as herein provided may be used by the department of water resources as the basis for issuance of a permit to the electrical generating company or downstream appropriator for the appropriation and storage of such water as shall become available thereto as a result of the functioning of the district. Water appropriated under any such permit shall be deemed to be stored water and the use and manner of appropriation thereof shall be subject to all applicable limitations and restrictions imposed by law, including the provisions of subsection (3) of section 42-4201 or subsection (3) of section 42-234, Idaho Code.
Prior to the formation of the aquifer recharge district, any such electrical generating company or downstream appropriator may file with the director of the department of water resources a letter of intent to enter into such a contract.
History:
[42-4223, added 1978, ch. 293, sec. 1, p. 736; am. 1982, ch. 204, sec. 5, p. 542; am. 2009, ch. 242, sec. 3, p. 744.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4224 - WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.

42-4224. WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT. (1) All water users, as defined in section 42-4202(1), Idaho Code, included within the district and who have not obtained exclusion as hereinafter provided, shall remain within and be subject to assessment by the district, notwithstanding the absence of their signatures on the petition for formation of the district, and notwithstanding any change in the ownership or control of the property of the water user, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which the water right or rights used to determine assessments are appurtenant. Municipal water users, as defined in section 42-4202(2), Idaho Code, included within the district shall remain at their election, within and be subject to assessment by the district unless excluded in the manner hereinafter provided.
(2) Any water user, as defined in section 42-4202(1), Idaho Code, who has obtained exclusion from the district, but who nevertheless is benefited by the district, shall remain excluded; provided, however, that any person or entity succeeding the water user in the ownership or control of property, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which is appurtenant a water right that, barring the exclusion, would have been used to determine assessments, shall be deemed included within and subject to assessment by the district.
(3) Any individual or entity whose permit to appropriate water was acquired after the formation of the district, but who qualifies as a water user under section 42-4202(1), Idaho Code, in all other respects, shall be deemed included within and subject to assessment by the district if benefited either directly or indirectly by the district.
History:
[42-4224, added 1978, ch. 293, sec. 1, p. 737.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4225 - EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.

42-4225. EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION. After the formation of the district, any water user included within the district may file with the board of directors a petition in writing praying for exclusion from the district. All water users seeking exclusion as are united in interest or to which the same state of facts apply may unite in the same petition. The grounds for exclusion and the time limitations for filing any petition hereunder shall be as follows:
(1) The water user will not be benefited by the functioning of the district. A petition alleging this ground for exclusion must be filed within ninety (90) days after the formal appointment of the first board of directors by the department of water resources. Any such petition filed after the ninety (90) day period has elapsed shall not be accepted or considered.
(2) The water user has not benefited by the functioning of the district. A petition alleging this ground for exclusion shall be filed no earlier than five (5) years after the declaration of the formation of the district by the director of the department of water resources.
A petition alleging either of the foregoing grounds for exclusion shall be acknowledged by all the petitioners and shall state in detail the reasons why it is claimed that the petitioners should be excluded from the district.
Immediately after their formal appointment, the board of directors shall cause notice of the deadline for filing petitions under the provisions of subsection (1) of this section and a copy of the order of formation of the district and a map indicating the boundaries of the district to be posted in three (3) public places in each county in which a part of the district is situated. In addition, the board shall publish notice of the deadline and the locations at which the order of formation and map of the district may be inspected for at least four (4) successive weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated.
History:
[42-4225, added 1978, ch. 293, sec. 1, p. 738.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4226 - HEARING — NOTICE — ENTRY OF ORDER.

42-4226. HEARING — NOTICE — ENTRY OF ORDER. (1) The petition shall be heard by the board of directors within sixty (60) days of filing of the petition and if no hearing is held within that time the petitioner or petitioners shall be deemed excluded from the district. If, prior to the date set for the hearing, the board issues an order excluding the petitioner or petitioners, no hearing need be held. The board shall give each petitioner notice of the time and place of the hearing in writing not less than fifteen (15) days prior to the hearing. It shall be sufficient to mail such notice by certified or registered mail to each petitioner’s mailing address as indicated on the petition.
(2) At the hearing, if any, the petitioner or petitioners must establish by competent evidence the allegations of the petition. The chairman of the board is hereby empowered to administer oaths for the purpose of the hearing. If the allegations of the petition are established the board shall enter an order excluding the petitioner or petitioners, or any of them, from the district, which order shall reflect the nature of any outstanding and/or continuing liabilities to which the petitioner so excluded shall remain subject under the provisions of section 42-4228, Idaho Code.
History:
[42-4226, added 1978, ch. 293, sec. 1, p. 738.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4227 - APPEAL.

42-4227. APPEAL. An appeal shall lie from a decision of the board of directors denying the petition or any part thereof to the district court of the county where the water user or water users are located. The appeal shall be taken in the same manner as appeals are taken from the board of county commissioners. If the district court excludes the water user or water users, or any of them, the time of exclusion shall date from the time of the hearing before the board of directors. The order of the district court excluding a water user or water users shall reflect the nature of any outstanding and/or continuing liabilities to which each water user so excluded shall remain subject under the provisions of section 42-4228, Idaho Code.
History:
[42-4227, added 1978, ch. 293, sec. 1, p. 739.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4228 - EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.

42-4228. EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS. Any water user excluded from the district on the grounds specified in section 42-4225(1), Idaho Code, shall not be subject to assessment by the district for any purpose. Any water user excluded from the district on the grounds specified in section 42-4225(2), Idaho Code, shall not be subject to assessment for maintenance and operation of the works and facilities of the district or for assessment expenses after the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but shall remain subject to the following liabilities until discharged:
(1) Such excluded water user shall remain liable for payment of assessments previously levied and unpaid at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion;
(2) Such excluded water user, notwithstanding his exclusion, shall remain liable to pay his proportionate share, such share to be computed as specified in section 42-4215, Idaho Code, of any indebtedness of the district already incurred and outstanding at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but such water user shall not be liable upon any indebtedness incurred thereafter.
Any water user, as defined in section 42-4202(1), Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein shall, in addition, remain subject to the provisions of sections 42-4218, 42-4219, 42-4220 and 42-4221, Idaho Code, until such liabilities have been discharged. Any municipal water user, as defined in section 42-4202(2), Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein, shall, in addition, remain subject to the provisions of section 42-4222, Idaho Code, until such liabilities have been discharged.
Upon the discharge of any liability, the district shall issue to the water user its certificate of full payment executed by the chairman of the board and the secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the property of the water user affected by such liability and the discharge thereof is situate.
History:
[42-4228, added 1978, ch. 293, sec. 1, p. 739.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4229 - COSTS.

42-4229. COSTS. On appeal, costs shall be taxed as in other civil cases. Costs of recording the order of exclusion shall be borne by petitioners when the order is entered by the board of directors and by the aquifer recharge district when entered by the district court.
History:
[42-4229, added 1978, ch. 293, sec. 1, p. 740.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4230 - EXCLUSION TO BE RECORDED.

42-4230. EXCLUSION TO BE RECORDED. The decision and order of the board of directors, or of the district court in case of appeal, excluding the petitioner or petitioners from the district shall be filed for record in the recorder’s office of the counties within which the district is situated.
History:
[42-4230, added 1978, ch. 293, sec. 1, p. 740.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 42 - GROUND WATER RECHARGE › Section 42-4231 - SEVERABILITY.

42-4231. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[42-4231, added 1978, ch. 293, sec. 1, p. 740.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4401 - SHORT TITLE.

42-4401. SHORT TITLE. The provisions of this chapter may be known and cited as the "Levee District Act."
History:
[42-4401, added 1990, ch. 396, sec. 1, p. 1108.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4402 - POLICY OF STATE.

42-4402. POLICY OF STATE. It is hereby recognized by the legislature that the protection of life and property from the containment of water stored for irrigation, the storage of winter flows and excess waters for irrigation purposes, and flood waters are of great importance to this state. It is therefore declared to be the policy of the state to provide for the storage and containment of irrigation water and the prevention of flood damage in a manner consistent with the conservation and wise development of our water resources and thereby to protect and promote the health, safety and general welfare of the people of this state.
History:
[42-4402, added 1990, ch. 396, sec. 1, p. 1108.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4403 - DEFINITIONS.

42-4403. DEFINITIONS. As used in this chapter:
(1) "Board" or "board of commissioners" means the board of commissioners of the levee district.
(2) "Commissioner" means a member of the board of commissioners of the levee district.
(3) "District" means any levee district organized under the provisions of this chapter.
(4) "Levee" means a retaining structure alongside a natural lake which has a length that is two hundred (200) times or more greater than its greatest height measured from the lowest elevation of the toe to the maximum crest elevation of the retaining structure.
(5) "State" means the state of Idaho.
History:
[42-4403, added 1990, ch. 396, sec. 1, p. 1108.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4404 - CORPORATE POWERS OF LEVEE DISTRICTS.

42-4404. CORPORATE POWERS OF LEVEE DISTRICTS. Any portion of a county requiring the maintenance, operation, or construction of a levee to contain irrigation water or to prevent flooding, may be organized into a levee district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred by law upon such district and board of commissioners, and said district shall be known and designated as levee district no. ……. of the county of …………., of the state of Idaho, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such levee district, have the power and it shall be their duty, to manage and conduct the business and affairs of the district, and make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as herein provided, or that may hereafter be provided by law.
History:
[42-4404, added 1990, ch. 396, sec. 1, p. 1109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4405 - PETITION FOR ORGANIZATION.

42-4405. PETITION FOR ORGANIZATION. For the purpose of the formation of a levee district a petition shall be presented to the clerk of the district court of the county in which the greater portion of the lands of the proposed levee district are located. The petition must be signed by at least one-fourth (1/4) of the taxpayers of the district who pay a general tax on real property which is owned by them within the proposed district. The petition shall set forth:
(1) The name of the proposed district;
(2) The object of the organization of the proposed levee district;
(3) A designation of the temporary boundaries of the district;
(4) The approximate number of acres of land in the proposed district therein;
(5) A description of the levee to be maintained, operated or constructed;
(6) The general location of the levee;
(7) A statement that the establishment of the district and the proposed maintenance, operation or construction of the levee will be conducive to the public health, convenience and welfare, or increase the public revenue, or that the establishment of said district and the maintenance, operation, or construction of the levee is a proper and advantageous method of accomplishing the relief sought; and
(8) A prayer for organization of the district.
History:
[42-4405, added 1990, ch. 396, sec. 1, p. 1109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4406 - PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.

42-4406. PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES. The petitioners for formation of a levee district shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which the proposed district is to be located. The bond shall run to the state of Idaho and shall be in the penal sum of one thousand dollars ($1,000) with two (2) or more sureties, to be approved by the judge of the district court.
In case said district be not established, then all costs shall be collectible on such bond. Any person having a charge against said district shall have a right of action on such bond.
After the petition seeking formation of a levee district is filed with the clerk of said court, no petitioner shall be allowed to withdraw his name or land therefrom without tendering into court his pro rata share of all costs and expenses incurred by petitioners to the date of such withdrawal.
History:
[42-4406, added 1990, ch. 396, sec. 1, p. 1109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4407 - JURISDICTION TO ESTABLISH DISTRICTS.

42-4407. JURISDICTION TO ESTABLISH DISTRICTS. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish levee districts which may be entirely within or partly within and partly without the judicial district in which said court is located.
History:
[42-4407, added 1990, ch. 396, sec. 1, p. 1110.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4408 - ACTION ON PETITION — NOTICE OF HEARING.

42-4408. ACTION ON PETITION — NOTICE OF HEARING. Immediately after the filing of the petition for formation of a levee district the judge of the court shall fix a time for the hearing on the petition by order made by him, which order shall provide that said petition and notice of hearing be published for at least three (3) successive weeks in some weekly newspaper or newspapers, printed and published in said county or counties in which the lands are situated, and in case no such paper is published in such county, then in some paper of general circulation therein; together with a notice of the time and place at which such judge will consider said petition. The last date of publication shall be not less than ten (10) days nor more than twenty (20) days before the date of the hearing.
History:
[42-4408, added 1990, ch. 396, sec. 1, p. 1110.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4410 - NOMINEES FOR BOARD OF COMMISSIONERS.

42-4410. NOMINEES FOR BOARD OF COMMISSIONERS. If upon the hearing as provided in section 42-4409, Idaho Code, the court shall order an election for the creation of the district, nominees for the board of commissioners of the district shall be nominated by the filing of petitions in accordance with the provisions of section 34-1404, Idaho Code. The court shall order that the names of persons whom the court finds to have been properly nominated shall be listed upon a ballot submitted to the electors at such election.
History:
[42-4410, added 1990, ch. 396, sec. 1, p. 1111; am. 1995, ch. 118, sec. 81, p. 495.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4411 - ELECTION.

42-4411. ELECTION. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the creation of the district, and also the form of the ballot relating to the election of the commissioners, provided, that all matters may be contained upon one (1) ballot to be submitted to the voters.
At such election the voters shall vote for or against the organization of the district, and for three (3) qualified electors, who shall constitute the board of commissioners of the district, if organized, one (1) commissioner to act until the first biennial election, one (1) until the second, and one (1) until the third biennial election.
The judges of election shall certify the returns of the election to the district court having jurisdiction.
History:
[42-4411, added 1990, ch. 396, sec. 1, p. 1111.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4412 - ENTRY OF ORDER.

42-4412. ENTRY OF ORDER. If a majority of the votes cast at the election are in favor of the organization of the levee district, the district court shall declare the levee district organized, shall give it a corporate name by which, in all proceedings, it shall thereafter be known, and designate the first board of commissioners to have been elected. Thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation.
History:
[4204412, added 1990, ch. 396, sec. 1, p. 1112.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4413 - FINALITY OF ORDER.

42-4413. FINALITY OF ORDER. If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district against all persons except the state of Idaho, in an action in the nature of a writ of quo warranto, commenced by the attorney general within thirty (30) days after said decree declaring such district organized as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.
History:
[42-4413, added 1990, ch. 396, sec. 1, p. 1112.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4414 - OFFICERS — MEETINGS.

42-4414. OFFICERS — MEETINGS. The board of commissioners of such district shall elect one (1) of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The levee district commissioners shall hold their meetings for the transaction of business at any place in the county or counties in which the district is located.
History:
[42-4414, added 1990, ch. 396, sec. 1, p. 1112.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4415 - VACANCIES.

42-4415. VACANCIES. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one (1) or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the remaining commissioners and said appointee shall serve for the unexpired term or until his successor is elected.
History:
[42-4415, added 1990, ch. 396, sec. 1, p. 1112.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4417 - MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.

42-4417. MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT. Any levee district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the residents and property owners of said district.
History:
[42-4417, added 1990, ch. 396, sec. 1, p. 1115.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 44 - LEVEE DISTRICT ACT › Section 42-4418 - INTERESTED PERSONS — RIGHT OF EXAMINATION.

42-4418. INTERESTED PERSONS — RIGHT OF EXAMINATION. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a levee district now organized or existing, or hereafter organized under the laws of the state of Idaho, and which land has been, or hereafter may be, assessed for benefits for the maintenance, operation, or construction of levees in such district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, shall have the right personally, or through his agents, attorneys or auditors to examine the books, records and accounts of the board of commissioners and to make copies thereof.
History:
[42-4418, added 1990, ch. 396, sec. 1, p. 1115.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5101 - LEGISLATIVE INTENT.

42-5101. LEGISLATIVE INTENT. The legislature hereby declares that the welfare of the people of Idaho is dependent upon the effective management of the ground water resources of this state. The legislature further declares that a need exists for the creation of special districts to provide for financing of repair or abandonment of wells in aquifers which have experienced or are experiencing declines in water level or water pressures because of flow, leakage, and waste from improper construction, maintenance and operation of wells drilled into the aquifer. Creation of these special districts may be initiated upon petition submitted by those owning the rights to use the ground water from any aquifers or parts of an aquifer that has been designated as a critical ground water area pursuant to section 42-233a, Idaho Code, or as a ground water management area pursuant to section 42-233b, Idaho Code.
History:
[42-5101, added 1987, ch. 349, sec. 1, p. 765.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5102 - GROUND WATER MANAGEMENT DISTRICT FORMATION.

42-5102. GROUND WATER MANAGEMENT DISTRICT FORMATION. For purposes of formation of a ground water management 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, which shall include territory only within the boundaries of a critical ground water area or ground water management area designated by the director of the department of water resources.
The petition shall be signed by no less than fifty percent (50%), measured by the quantities of their various water rights, of the water users located within the proposed boundaries of the district. For purposes of this chapter, "water users" shall include the following:
(1) Individuals, or entities, who are the current holders of a right, acquired in accordance with the provisions of chapter 2, title 42, Idaho Code, or chapter 14, title 42, Idaho Code, to appropriate water and to divert water from the aquifer by means of a well or wells, or who divert water from springs or other water courses emerging from such aquifer, or both.
(2) Cities which obtain water from the aquifer. A city may elect to be included within the proposed district by a majority vote of the members of its city council. The mayor of any city so electing may sign the petition on behalf of the city, and such city shall constitute one (1) water user for purposes of securing the minimum number of signatures required for the petition.
(3) Federal, state, or county government agencies which obtain water from the aquifer.
History:
[42-5102, added 1987, ch. 349, sec. 1, p. 765.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5103 - FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.

42-5103. FORMATION OF DISTRICT — DECLARATION BY DIRECTOR. After receipt of the petition and map, 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 costs of repairs or abandonment of improperly constructed wells 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 interest of the water users proposed to be benefited. On the basis of his determination, the director shall enter an order either establishing the ground water management 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 the 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:
[42-5103, added 1987, ch. 349, sec. 1, p. 766.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5104 - BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS.

42-5104. BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the ground water management district shall consist of three (3) members. Each member shall be a water user, or representative of a water user 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 one (1) member shall serve for a term of three (3) years, one (1) member shall serve for a term of two (2) years, and one (1) member shall serve for a term of one (1) year. Thereafter, members shall serve a three (3) year term and shall be elected as hereinafter provided. If a vacancy occurs, the director shall appoint a successor to serve the remainder of the term.
(4) On the first Tuesday in February following the expiration of the term of the member serving for one (1) year, and on the first Tuesday in February of each year thereafter, an election shall be held at which a director to succeed the one whose term has expired will be elected. Each director so elected shall be a water user or a representative of a water user within the district.
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 directors 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:
[42-5104, added 1987, ch. 349, sec. 1, p. 766; am. 1995, ch. 118, sec. 83, p. 498.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5105 - CITIES — MANNER OF VOTING FOR DIRECTORS.

42-5105. CITIES — MANNER OF VOTING FOR DIRECTORS. Each city which has elected to be and is included within the district shall be entitled to one (1) vote and the vote of the majority of the members of the city council of each such city shall constitute the vote of the city. 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 42-5107, Idaho Code, shall not apply to cities or other government agencies.
History:
[42-5105, added 1987, ch. 349, sec. 1, p. 767.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5106 - WATER USERS OTHER THAN CITIES — QUALIFICATIONS FOR VOTING.

42-5106. WATER USERS OTHER THAN CITIES — QUALIFICATIONS FOR VOTING. Any water user, as defined in subsection (1) of section 42-5102, Idaho Code, or a representative thereof, within the district who possesses the qualifications required of electors under the general laws of the state shall be entitled to vote at any election held under the provisions of this chapter. A representative of a water user shall be so designated by written proxy signed by the water user except that the vote of a federal, state, or county government may be cast by an elected or appointed official of the agency, or his designee.
History:
[42-5106, added 1987, ch. 349, sec. 1, p. 767.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5107 - REGISTRATION REQUIRED.

42-5107. 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 ground water management district. In addition to the requirements specified in section 34-1402, Idaho Code, the election official shall also verify that the elector is a water user, as defined in subsection (1) of section 42-5102, Idaho Code, or a representative of such water user, within the district.
History:
[42-5107, added 1987, ch. 349, sec. 1, p. 767; am. 1995, ch. 118, sec. 84, p. 498.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5108 - NOTICE OF ELECTION.

42-5108. 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 the 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:
[42-5108, added 1987, ch. 349, sec. 1, p. 767; am. 1995, ch. 118, sec. 85, p. 499.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5109 - CONDUCT OF ELECTIONS.

42-5109. 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:
[42-5109, added 1987, ch. 349, sec. 1, p. 768; am. 1995, ch. 118, sec. 86, p. 499.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5110 - CANVASS OF RETURNS — DECLARATION OF WINNERS.

42-5110. 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:
[42-5110, added 1987, ch. 349, sec. 1, p. 768.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5111 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.

42-5111. 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 at 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 (1) 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:
[42-5111, added 1987, ch. 349, sec. 1, p. 768.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5113 - LEVY OF ASSESSMENTS.

42-5113. 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 payment of the annual payment on any and all indebtedness of the district for the following year. 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 for the cost of contracts with state or federal agencies for monitoring programs, or evaluation of proposed contracts, and may levy assessments against the water users in the district sufficient to raise such amount. Money received in payment of such assessments shall be deposited in a separate fund to be known as the operating 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 one hundred dollars ($100) per second foot of water the water user is entitled to appropriate under his water right or rights, except, that the district may establish a ten dollar ($10.00) minimum assessment for any water user.
History:
[42-5113, added 1987, ch. 349, sec. 1, p. 770.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5114 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.

42-5114. POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT. In order to secure funds for the repair or abandonment of wells in the district, 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 42-5113, Idaho Code, and may only be levied if the indebtedness has been approved at the election contained in sections 42-5115 through 42-5119, Idaho Code.
History:
[42-5114, added 1987, ch. 349, sec. 1, p. 771.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5117 - JUDICIAL PROCEEDINGS TO TEST VALIDITY.

42-5117. JUDICIAL PROCEEDINGS TO TEST VALIDITY. In the event that any official required to participate in any act leading to the calling or holding of the required election or the execution of any required contract shall refuse to perform such act alleging as his reason illegality of the proposed election or the proposed contract, the board may institute judicial proceedings to compel such steps to be taken and legality of the election or the contract to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
History:
[42-5117, added 1987, ch. 349, sec. 1, p. 774.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5118 - TAX EXEMPTION.

42-5118. TAX EXEMPTION. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.
History:
[42-5118, added 1987, ch. 349, sec. 1, p. 774.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5119 - LIBERAL CONSTRUCTION.

42-5119. LIBERAL CONSTRUCTION. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.
History:
[42-5119, added 1987, ch. 349, sec. 1, p. 774.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5120 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.

42-5120. 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 42-5113, 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 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:
[42-5120, added 1987, ch. 349, sec. 1, p. 775.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS › Section 42-5121 - LIEN OF ASSESSMENT.

42-5121. 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:
[42-5121, added 1987, ch. 349, sec. 1, p. 775.]