reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1505 - IRRIGATION LATERAL DISTRICTS.

43-1505. IRRIGATION LATERAL DISTRICTS. For the purpose of constructing, operating, and managing water in distributing systems by means of laterals, sublaterals, ditches, flumes, and pipe lines, an irrigation lateral district may be organized and created within the territory already organized as an irrigation district, in the same manner and by the same process required by the provisions of this title, for the creation of an irrigation district from unorganized territory, and such interior irrigation lateral district, when organized shall through its board of directors, other officers and employees have all necessary powers for the purpose of its creation conferred by this title upon the original irrigation district, including the power to issue, negotiate and sell bonds payable and secured as is in this title provided; to build and construct new works and to levy assessments and taxes necessary for the purpose of conducting its affairs in the same manner and by the same process as are by this title provided in the case of irrigation districts; provided, however, it is distinctly understood that the negotiation and sale of coupons bonds and levying of assessments and taxes and incurring of debts and obligations by any such irrigation lateral district shall not in any way or manner affect any of the bonds, assessments, taxes, or obligations of the irrigation district of which it is a part and shall not in any way or manner limit the power of such original irrigation district to incur the indebtedness, levying of assessments and issue its bonds for any of the purposes for which such district is by this title entitled to levy or issue the same.
History:
[(43-1505) C.S., sec. 4446A, as added by 1925, ch. 50, sec. 1, p. 74; I.C.A., sec. 42-1505.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1506 - CHANGE OF NAME OF IRRIGATION DISTRICTS.

43-1506. CHANGE OF NAME OF IRRIGATION DISTRICTS. The board of directors of any irrigation district of the state of Idaho may petition the district court of the county in which the lands of said irrigation district or the greater portion thereof are situated for a change of the name of such irrigation district. Such petition must specify the date of organization of the district, its present name, the name proposed, and that the board of directors deems it for the best interests of said district that the name of the district be changed, and must be signed by the directors of the district or by a majority of them. Upon filing such petition the same proceedings shall be had for effecting such change of name as are prescribed in chapter 8 of title 7 of the Idaho Code, and a certified copy of any order of the district court changing the name of such irrigation district shall be forthwith filed with the department of water resources. Any change of name under the provisions of this section shall not affect any of the rights, property or obligations of said irrigation district.
History:
[(43-1506) 1929, ch. 191, sec. 1, p. 353; I.C.A., sec. 42-1506.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1507 - INVESTMENT OF CERTAIN FUNDS AUTHORIZED.

43-1507. INVESTMENT OF CERTAIN FUNDS AUTHORIZED. In addition to the authority conferred upon the board of directors of an irrigation district by section 57-127, Idaho Code, such board shall have the authority to invest the surplus funds of such district, in the negotiable, general obligation bonds or other evidences of indebtedness of the United States or of this state or in local improvement district bonds or warrants authorized by chapter 17, title 50, or chapter 25, title 43, Idaho Code, in lieu of depositing the same in designated depositories as provided by the public depository law and to dispose of such bonds, warrants, or evidences of indebtedness as and when said board may direct.
History:
[43-1507, added 1943, ch. 153, sec. 1, p. 309; am. 2003, ch. 82, sec. 1, p. 258.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1508 - DISPOSITION OF LANDS ACQUIRED BY TAX TITLE — PERFECTION OF TITLE BY DISTRICT — RATIFICATION OF PRIOR ACTS.

43-1508. DISPOSITION OF LANDS ACQUIRED BY TAX TITLE — PERFECTION OF TITLE BY DISTRICT — RATIFICATION OF PRIOR ACTS. Any irrigation district, as the purchaser of any lands at any delinquent tax sale or holding tax deed issued in consequence of any delinquency entry for taxes or assessments, or as the owner of lands in any other manner acquired, and which are not necessary for the use of the district, shall be entitled to the same rights as a private purchaser, and the title so acquired by the district may be conveyed by deed executed and acknowledged by the president and secretary of the board of directors, and in like manner the district may also contract to convey or lease the same; provided that authority so to convey, contract or lease must be conferred by resolution of said board entered upon its minutes. Any deeds executed on behalf of a county by its board of county commissioners or the officers thereof, to an irrigation district holding tax title or delinquency entry against lands within its boundaries prior to the date this act goes into effect, and any deeds, contracts, or leases executed by irrigation districts prior to the date this act goes into effect conveying, contracting to convey, or leasing lands acquired under the conditions set forth in this act are hereby declared to be good, valid and legal, and are hereby validated, approved, authorized and confirmed.
History:
[43-1508, added 1935 (1st E.S.), ch. 53, sec. 1, p. 141; am. 1937, ch. 39, sec. 1, p. 49.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1509 - RIGHT TO PURCHASE LANDS WHEN HOLDING TAX TITLE.

43-1509. RIGHT TO PURCHASE LANDS WHEN HOLDING TAX TITLE. Any irrigation district holding tax title to, or a delinquency entry against, lands within its boundaries to which a county has heretofore taken or may hereafter take tax deed, may become the purchaser of such lands when the same are sold by such county, and the district may convey, contract to convey or lease any land so acquired, in the manner provided in section 43-1508.
History:
[43-1509, added 1935 (1st E.S.), ch. 53, sec. 2, p. 141.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 15 - MISCELLANEOUS PROVISIONS OF DISTRICT LAW › Section 43-1510 - TAX EXEMPTIONS.

43-1510. TAX EXEMPTIONS. The following irrigation district property and the revenue therefrom shall be exempt from taxation: (1) water rights for the irrigation of lands; (2) irrigation structures described in section 63-602N(2), Idaho Code; (3) all property described in section 63-602N(3), Idaho Code; and (4) all parks and recreational facilities owned or maintained by an irrigation district pursuant to this title. Such property tax exemption shall not be subject to approval by the county board of equalization. Bonds and interim notes, and interest thereon, issued pursuant to the authority contained in this title shall be exempt from taxation under the Idaho income tax law.
History:
[43-1510, added 2007, ch. 136, sec. 1, p. 396; am. 2016, ch. 189, sec. 15, p. 522.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1601 - POWER TO PURCHASE.

43-1601. POWER TO PURCHASE. Any irrigation district organized or hereafter organized under the laws of the state of Idaho is hereby authorized and empowered to purchase state lands within the boundaries of such irrigation district from the state at the state sale of said lands and may sell and dispose of the lands so purchased at a price and upon terms to be determined by the board of directors of such district. Any irrigation district, as a purchaser of any state lands within the boundaries of such district, shall be entitled to the same rights as a private purchaser and a title so acquired by the district may be conveyed by deed executed and acknowledged by the president and secretary of the board of directors: provided, that authority to so convey must be conferred by resolution of the board entered on its minutes: provided further, that in the sale by the state of state lands within an irrigation district under this chapter the lands shall be offered in tracts or parcels of not more than six hundred forty (640) acres.
History:
[(43-1601) 1917, ch. 40, sec. 1, p. 90; reen. C.L. 165:1; C.S., sec. 4447; I.C.A., sec. 42-1601; am. 1937, ch. 39, sec. 2, p. 49.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1602 - RESOLUTION TO PURCHASE — PAYMENT.

43-1602. RESOLUTION TO PURCHASE — PAYMENT. Whenever a board of directors of any irrigation district deems it for the best interest of the district to purchase any state lands within such district the said board shall determine what, if any, state land it desires to purchase and shall pass a resolution to that effect, which resolution shall describe the lands the district desires to purchase and the amount of money required to be available for the purchase of the same, and the said board of directors is hereby authorized to issue bonds the proceeds of which are to be used in the purchase of said lands whenever authorized to do so by a two-thirds (2/3) vote of the qualified electors voting at an election held for such purpose: provided, however, that in case an appropriation is made by the state to any district the proceeds of which appropriation are to be used by such district in the purchasing of state lands within said district the submitting of said question to the qualified electors is not necessary and the board of directors of such district shall have authority to apply the appropriation so made to the purchase of such state lands.
History:
[(43-1602) 1917, ch. 40, sec. 2, p. 90; reen. C.L. 165:2; C.S., sec. 4448; I.C.A., sec. 42-1602.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1603 - APPRAISEMENT — SALE — CONSTRUCTION WORK DEFINED — ASSESSMENT OF INITIAL COSTS.

43-1603. APPRAISEMENT — SALE — CONSTRUCTION WORK DEFINED — ASSESSMENT OF INITIAL COSTS. Before any state lands shall be offered for sale within an irrigation district the state board of land commissioners shall cause said lands to be appraised, showing the value of the lands exclusive of all benefits accruing to such lands by reason of the water rights and irrigation works acquired by the irrigation district, which appraisement shall not be less than ten dollars ($10.00) per acre. And when lands are sold to other purchasers than the irrigation district, the purchasers shall pay to the irrigation district within which said lands are situated the initial cost of all construction work to the same extent as though said lands had been held in private ownership at the time the construction work was done. But no maintenance or other assessments shall accrue against such land until such time as the land is actually sold. The term "construction work" as herein used shall include the erection of pump houses and electrical and other pumps or appliances for raising water to the lands, as well as dams, headgates, ditches, laterals, drainage canals and other irrigation works. These initial costs shall be assessed against purchasers of the land on such terms of payment as may be agreed upon between the state board of land commissioners and the directors of the irrigation district, and such terms shall be stated in the advertisement of such sale. Any adjustments or reductions of such initial construction charges, as may have been granted or that thereafter may be granted to any of the lands within the irrigation district, shall also be granted to the state lands.
History:
[(43-1603) 1917, ch. 40, sec. 3, p. 90; reen. C.L. 165:3; C.S., sec. 4449; am. 1927, ch. 142, sec. 1, p. 184; I.C.A., sec. 42-1603.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1604 - APPRAISAL OF IMPROVEMENTS.

43-1604. APPRAISAL OF IMPROVEMENTS. In case an irrigation district shall become the purchaser of any state lands, as in this chapter provided, which lands or any portion thereof are held by a lessee, the district shall take the title to said lands subject to said lease, and the district shall not pay for the surface improvements made by such lessee, but whenever the district shall sell and dispose of said lands the said improvements shall be appraised and paid for in the same manner as provided by law and the rules and regulations governing the state board of land commissioners were the said state board of land commissioners acting instead of the board of directors of said district.
History:
[(43-1604) 1917, ch. 40, sec. 4, p. 90; reen. C.L. 165:4; C.S., sec. 4450; I.C.A., sec. 42-1604.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1605 - CONTRACTS PLEDGED FOR CONSTRUCTION WORK.

43-1605. CONTRACTS PLEDGED FOR CONSTRUCTION WORK. The board of directors of any irrigation district, after a sale and disposal of any lands purchased under this chapter, having contracts or evidence of lien on the lands so sold for the purchase price or any part thereof may use such contracts or evidence of lien and pledge the same to the United States or any contractor for the construction of any works necessary for the operation of the irrigation works of such district. And the board of directors of any irrigation district having such contracts or evidence of lien, may borrow money to be used for the construction of any irrigation or drainage works necessary for the use of said district, and may pledge such contracts or evidence of lien as security for such loan: provided, that no such loan shall exceed the face value exclusive of interest of the contracts or evidences of lien so pledged: and provided further, that any money so borrowed shall be placed in a special fund and used only for the construction of such works.
History:
[(43-1605) 1917, ch. 40, sec. 5, p. 90; reen. C.L. 165:5; C.S., sec. 4451; am. 1929, ch. 59, sec. 1, p. 85; I.C.A., sec. 42-1605.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1606 - ELECTIONS.

43-1606. ELECTIONS. All elections held under the provisions of this chapter shall be in accordance with the laws governing elections authorizing the issuing of bonds by an irrigation district.
History:
[(43-1606) 1917, ch. 40, sec. 6, p. 90; reen. C.L. 165:6; C.S., sec. 4452; I.C.A., sec. 42-1606.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 16 - PURCHASE OF STATE LANDS BY IRRIGATION DISTRICTS › Section 43-1607 - APPLICATION OF GENERAL LAWS.

43-1607. APPLICATION OF GENERAL LAWS. All provisions of the law with reference to the sale and disposal of state lands under the general laws of the state not in conflict herewith shall apply to the sale of state lands under the provisions of this chapter.
History:
[(43-1607) 1917, ch. 40, sec. 7, p. 90; reen. C.L. 165:7; C.S., sec. 4453; I.C.A., sec. 42-1607.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1701 - IRRIGATION DISTRICTS MAY SUBMIT RECLAMATION PROPOSALS UNDER CAREY ACT.

43-1701. IRRIGATION DISTRICTS MAY SUBMIT RECLAMATION PROPOSALS UNDER CAREY ACT. In case there are within the boundaries of an irrigation district organized under the laws of this state lands which are in a condition to be selected under the Carey Act laws of the United States of America, the board of directors of an irrigation district may, and it is hereby authorized and empowered to file with the department of water resources a request for the selection, on behalf of the state, by the department, of the lands to be reclaimed, designating said lands by legal subdivisions.
This request shall be accompanied by a proposal to construct the ditch, canal or other irrigation works necessary for the complete reclamation of the lands asked to be selected and the lands within the district. The proposal shall be prepared in accordance with the rules of the department of water resources of the state of Idaho and with the regulations of the department of the interior, and shall be accompanied by a certificate that application for permit to appropriate water has been filed, together with the department’s report thereon. It shall state the source of the water supply, the location and dimensions of the proposed works and the estimated cost thereof.
History:
[(43-1701) R.C., sec. 2386; am. 1911, ch. 71, sec. 1, p. 194; am. 1911, ch. 154, sec. 5, p. 461; am. 1915, ch. 143, sec. 4, p. 304; reen. C.L. 166:1; C.S., 4454; I.C.A., sec. 42-1701.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1702 - CERTIFIED CHECK TO ACCOMPANY PROPOSAL.

43-1702. CERTIFIED CHECK TO ACCOMPANY PROPOSAL. A certified check for a sum not less than fifty dollars ($50.00), nor more than two hundred fifty dollars ($250), as the department of water resources may determine, shall accompany each requested proposal by an irrigation district, the same to be held as a guaranty of the execution of the contract with the state in accordance with its terms by the irrigation district submitting such proposal, in case of the approval of the same and the selection of the lands by the department, which check shall be forfeited to the state in case of failure of said irrigation district to enter into a contract with the state in accordance with the terms of the request.
History:
[(43-1702) R.C., sec. 2386a, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:2; C.S., sec. 4455; I.C.A., sec. 42-1702.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1703 - CONTRACT FOR CONSTRUCTION.

43-1703. CONTRACT FOR CONSTRUCTION. Upon the withdrawal of the land by the department of the interior it shall be the duty of the department of water resources to enter into a contract for the construction of irrigation works with the district submitting the proposition, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed canal, ditch or other irrigation works. Said contract shall state the price and terms upon which the state will dispose of the lands to the settlers, but shall not state the cost of the water rights to the settlers; it shall further state that the board of directors of the district shall determine the benefits, and the cost of the proposed works shall be apportioned to the said lands by the said board of directors, as provided by section 43-404, [Idaho Code,] and that the procedure with reference to the assessing and the levying of assessments on said lands and the sale for delinquent assessments so levied and assessed and the method of issuing tax deeds by the district shall conform in all particulars to that provided in the irrigation district laws for other lands within said district. The aforesaid contract shall not be entered into on the part of the department of water resources until the withdrawal of such lands by the department of the interior, and the irrigation district shall not at any time be required to file a bond.
History:
[(43-1703) R.C., sec. 2386b, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:3; C.S., sec. 4456; I.C.A., sec. 42-1703.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1704 - APPLICATION TO ENTER LAND.

43-1704. APPLICATION TO ENTER LAND. Any citizen of the United States, or any person having declared his intention to become a citizen of the United States (excepting married women), over the age of twenty-one (21) years, may make application under oath to the department of water resources to enter any of said land in an amount not to exceed one hundred sixty (160) acres for any one (1) person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the act of congress and the laws of this state relating thereto, and that the applicant has never received the benefit of the provisions of any Carey Act law to an amount greater than one hundred sixty (160) acres, including the number of acres specified in the application under consideration. Such application must be accompanied by a certified copy of a contract for the water rights, made and entered into by the person making the application with the district, which has been authorized by the department to furnish water for the reclamation of said lands; and if said applicant has at any previous time entered lands under the provisions of any Carey Act law, he shall so state in the application, together with description, date of entry and location of said land. The department shall thereupon file in its office the application and papers relating thereto, and, if allowed, issue a certificate of location to the applicant.
All applications for entry shall be accompanied by a payment of twenty-five cents (25¢) per acre, which shall be paid as a partial payment on the land if the application is allowed; and all certificates when issued shall be recorded in a book to be kept for that purpose. If the application is not allowed, the twenty-five cents (25¢) per acre accompanying it shall be refunded to the applicant. The department of water resources shall dispose of all lands accepted by the state under the provisions of this chapter at a uniform price of fifty cents (50¢) per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler.
History:
[(43-1704) R.C., sec. 2386c, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; compiled and reen. C.L. 166:4; C.S., sec. 4457; I.C.A., sec. 42-1704.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1705 - PROOF OF RECLAMATION AND SETTLEMENT — PATENT.

43-1705. PROOF OF RECLAMATION AND SETTLEMENT — PATENT. Within one (1) year after the district authorized to construct irrigation works under the provisions of this title shall have notified the settlers under such works that it is prepared to furnish water under the terms of the contract with the state, said settlers shall cultivate and reclaim not less than one-sixteenth (1/16) part of the land filed upon, and within two (2) years after said notice, the settler shall have irrigated and cultivated not less than one-eighth (1/8) of the land filed upon, and within three (3) years after the date of said notice the settler shall appear before the director of the department of water resources, a judge or clerk of any court of record within the state, or a commissioner appointed by the department of water resources, and make final proof of the reclamation, settlement and occupation, which proof shall embrace evidence that he has paid all of the assessments levied and assessed against said land by the district, or he shall present a tax deed issued by the treasurer of said district and also prove that all assessments levied and assessed by the district against said land have been paid; that he has been an actual settler thereon and has cultivated and irrigated not less than one-eighth (1/8) part of said tract; and such further proof, if any, as may be required by the regulations of the department of the interior and the department of water resources.
The officer taking this proof shall be entitled to receive a fee of two dollars ($2.00), which fee shall be paid by the settler and shall be in addition to the price paid to the state for the land: provided, that when the director of the department of water resources takes final proof, all fees received by him shall be turned into the state treasury. The commissioners appointed by the department of water resources are hereby authorized to administer oaths.
All proofs so received shall be submitted to the department of water resources accompanied by the final payment for the said land, and upon approval of the same by said department, the settler shall be entitled to his patent. If the land shall not be embraced in any patent theretofore issued to the state by the United States, the proof shall be forwarded to the secretary of the interior with the request that a patent to said lands be issued to the state.
When the works designed for the irrigation of lands under the provisions of this chapter shall be so far completed as to actually furnish an ample supply of water in a substantial ditch or canal to reclaim any particular tract or tracts of such lands, the state of Idaho shall, through the department of water resources, make proof of such fact, and shall apply for a patent to such lands in the manner provided in the regulations of the department of the interior.
History:
[(43-1705) R.C., sec. 2386d, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:5; C.S., sec. 4458; I.C.A., sec. 42-1705.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1706 - ISSUANCE OF PATENT.

43-1706. ISSUANCE OF PATENT. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the settler.
History:
[(43-1706) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:6; C.S., sec. 4459; I.C.A., sec. 42-1706.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1707 - APPURTENANCY OF WATER RIGHTS.

43-1707. APPURTENANCY OF WATER RIGHTS. The water rights to all lands acquired under the provisions of this chapter shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.
History:
[(43-1707) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:7; C.S., sec. 4460; I.C.A., sec. 42-1707.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1708 - LIEN OF COST OF WORKS AND ASSESSMENTS.

43-1708. LIEN OF COST OF WORKS AND ASSESSMENTS. The apportionment of the cost of the irrigation works made by the board of directors of the irrigation district under section 43-404[, Idaho Code], and all assessments and taxes levied and assessed against said land by the district shall be a first and prior lien on said water right and land, said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and holder of said land, and said land shall be sold as other lands in the district are sold for like assessments, and a sale of the lands shall work an assignment of the contract to the purchaser.
History:
[(43-1708) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:8; C.S., sec. 4461; I.C.A., sec. 42-1708.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1709 - EFFECT OF TAX DEED.

43-1709. EFFECT OF TAX DEED. A tax deed from the treasurer of the district shall be conclusive proof to the department of water resources that the assessments have been regularly and legally made on said land, and no irregularity with reference to any assessment can be raised after a deed has been issued by the district, except an error in the description of the land in said deed.
History:
[(43-1709) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:9; C.S., sec. 4462; I.C.A., sec. 42-1709.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1710 - REENTRY AND SALE.

43-1710. REENTRY AND SALE. In case the district is a purchaser at the sale for delinquent assessments levied and assessed against such lands, said district may, and it is hereby authorized and empowered to, after the expiration of the one (1) year’s redemption period, enter into a contract with any party to furnish water to said lands, and the person so entering into a contract with said district may make application for the patent to the lands described in said contract upon his making proof, as hereinbefore required, and said contract, together with the certificate from the irrigation district that all taxes and assessments levied and assessed against said lands have been paid, together with a statement showing the facts whereby said district is authorized to enter into the second contract, certified by the secretary of the district, with the seal of said district attached shall be sufficient evidence to the department of water resources on which to issue to said applicant a patent to said land.
History:
[(43-1709) R.C., sec. 2386e, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:10; C.S., sec. 4463; I.C.A., sec. 42-1710.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1711 - APPLICATION OF CAREY ACT LAW.

43-1711. APPLICATION OF CAREY ACT LAW. The state laws with reference to the Carey Act lands and requests for selection, etc., and the procedure with reference to the same shall apply to the applications of an irrigation district where the same are not particularly provided for in this chapter, where said state laws are in accord with the provisions hereof.
History:
[(43-1711) R.C., sec. 2386f, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:11; C.S., sec. 4464; I.C.A., sec. 42-1711.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 17 - COOPERATION WITH STATE UNDER CAREY ACT › Section 43-1712 - APPLICATION OF CHAPTER.

43-1712. APPLICATION OF CHAPTER. The provisions of this chapter shall apply only to irrigation districts.
History:
[(43-1712) R.C., sec. 2386g, as added by 1911, ch. 71, sec. 2, p. 194, and 1911, ch. 154, sec. 6, p. 461; reen. C.L. 166:12; C.S., sec. 4465; I.C.A., sec. 42-1712.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1801 - COOPERATION WITH GOVERNMENT UNDER ACT OF AUGUST 11, 1916.

43-1801. COOPERATION WITH GOVERNMENT UNDER ACT OF AUGUST 11, 1916. The board of directors of any irrigation district organized under the laws of this state may make such investigations and based thereon, such representations and assurances to the secretary of the interior as may be requisite under the Act of Congress of August 11, 1916, entitled, "An Act to Promote Reclamation of Arid Lands," 39 U.S. St. L., ch. 319, p. 506.
History:
[(43-1801) 1917, ch. 83, sec. 4, p. 298; reen. C.L. 167:1; C.S., sec. 4466; I.C.A., sec. 42-1801.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1802 - PROCEDURE FOR INCLUSION OF PUBLIC LAND IN IRRIGATION DISTRICT.

43-1802. PROCEDURE FOR INCLUSION OF PUBLIC LAND IN IRRIGATION DISTRICT. The secretary of the interior, or his duly authorized representative, may on behalf of the United States, sign a petition for the annexation of adjacent unentered public lands of the United States to the district, or to annex such lands to or exclude such unentered lands from any irrigation district; the secretary of the interior, or his duly authorized representative shall be deemed to be the owner thereof for the purposes of signing any petition with like effect as the owner of private lands.
History:
[(43-1802) 1917, ch. 83, sec. 5, p. 298; reen. C.L. 167:2; C.S., sec. 4467; I.C.A., sec. 42-1802.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1803 - CONTRACTS WITH FEDERAL GOVERNMENT UNDER RECLAMATION ACT.

43-1803. CONTRACTS WITH FEDERAL GOVERNMENT UNDER RECLAMATION ACT. The board of directors of an irrigation district organized under the laws of the state of Idaho may enter into any obligation or contract with the United States for the construction, operation and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the federal reclamation act and all acts amendatory thereof or supplementary thereto and the rules and regulations established thereunder; or the board may contract with the United States for a water supply under any act of congress providing for or permitting such contract.
History:
[(43-1803) Part of R.C., sec. 2386, as added by 1915, ch. 143, sec. 4, p. 304; compiled and reen. C.L. 167:3; C.S., sec. 4468; I.C.A., sec. 42-1803.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1804 - GENERAL POWERS OF BOARD CONTRACTING WITH GOVERNMENT.

43-1804. GENERAL POWERS OF BOARD CONTRACTING WITH GOVERNMENT. The said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection with such contracts, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto; and in the purchase of any property or property rights, or in acquiring or contracting for the water supply of the district, the bonds of the district may be used by the board at not less than ninety per cent (90%) of their par value, in payment.
History:
[(43-1804) Part of R.C., sec. 2386, as added by 1915, ch. 143, sec. 4, p. 304; compiled and reen. C.L. 167:4; C.S., sec. 4469; I.C.A., sec. 42-1804.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1805 - FEDERAL GOVERNMENT CONTRACTS NOT SUBJECT TO SAFEGUARDS REQUIRED IN PRIVATE CONTRACTS.

43-1805. FEDERAL GOVERNMENT CONTRACTS NOT SUBJECT TO SAFEGUARDS REQUIRED IN PRIVATE CONTRACTS. As to any work or supplies covered by or to be covered by contract between the district and the United States the provisions of section 43-901[, Idaho Code,] shall not apply.
History:
[(43-1805) R.C., sec. 2416; am. 1915, ch. 143, sec. 10, p. 304; reen. C.L. 167:5; C.S., sec. 4470; I.C.A., sec. 42-1805.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1806 - VARIOUS CONTRACTUAL OPTIONS — RATIFICATION BY ELECTORS.

43-1806. VARIOUS CONTRACTUAL OPTIONS — RATIFICATION BY ELECTORS. In case the district has its works partially completed and bonds authorized and outstanding, the proceeds of which have been used for the construction of said works, the said district may enter into a contract with the United States for the completion of the works of the district, and shall have power to transfer title to the works already completed, or any portion thereof, to the government, and shall have power to redeem its outstanding bonds on any such terms as may be agreed upon, with funds advanced by the United States, and contract with the United States to repay any such funds, as well as additional cost of construction for the completion of the works, on such terms as may be agreed upon by contract between the district and the United States: provided, that no contract with the United States embodying any of the provisions herein contained shall be binding unless ratified by two-thirds (2/3) of the voters voting at an election to be held for that purpose in the manner provided for the ratification of a bond issue: except, that the board of directors of an irrigation district, on behalf of the district, may make a temporary contract with the United States for a period of not to exceed one (1) year for the purpose of securing a water supply for the district out of the reservoirs or other irrigation works of the United States during said period, or a portion thereof, or providing for the distribution and delivery thereof and may provide for the payment therefor and pay for the same by means of a toll charge or by means of an assessment as a part of the annual operation and maintenance cost of the district.
History:
[(43-1806) 1903, p. 150, sec. 15f, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2398; am. 1915, ch. 143, sec. 1, p. 304; reen. C.L. 167:6; C.S., sec. 4471; I.C.A., sec. 42-1806.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1807 - SUBSTITUTION OF DISTRICT LIABILITY FOR INDIVIDUAL LIABILITY TO GOVERNMENT.

43-1807. SUBSTITUTION OF DISTRICT LIABILITY FOR INDIVIDUAL LIABILITY TO GOVERNMENT. Irrigation districts which embrace lands for which works have been constructed by the United States and water right applications or contracts made and accepted under public notice issued by the secretary of the interior, may provide by contract with the United States for the release of mortgages or liens given or reserved to the United States upon district lands and for the assumption by the district as principal or guarantor of the indebtedness to the United States on account of district land and in that event shall apportion the benefits of such contract and release to the lands benefited thereby in the same manner provided by statute for the apportionment of the benefits of a bond issue or other contract: provided, such contract with the United States be authorized by the electors of the district in like manner and by the same majority as required to authorize a bond issue or contract with the United States for construction of works.
History:
[(43-1807) 1917, ch. 83, sec. 2, p. 297; reen. C.L. 167:7; sec. 4472; I.C.A., sec. 42-1807.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1808 - ELECTION TO DETERMINE WHETHER DISTRICT SHALL CONTRACT WITH GOVERNMENT.

43-1808. ELECTION TO DETERMINE WHETHER DISTRICT SHALL CONTRACT WITH GOVERNMENT. (a) At any election under the provisions of section 43-401, Idaho Code, when the question of a contract between the district and the United States is to be voted upon, the notice of such election may state generally the terms of such contract and the ballots may contain the words "Contract–yes" or "Contract–no," or other words equivalent thereto, instead of the words "Bonds–yes" or "Bonds–no," and the procedure in connection with such vote upon such contract.
(b) Any election where the question of a contract between an irrigation district and the United States providing for the payment by the United States of the irrigation district’s proportionate share of the capital costs of reconstructing, rehabilitating, replacing or improving dams, structures or works, whether or not legal title thereto is owned by the district, necessary to the storage, diversion or delivery of water necessary and appurtenant to the purposes for which such district was organized is to be voted upon, shall be conducted in accordance with the provisions of section 43-401, Idaho Code, insofar as possible. The question shall be submitted to a vote of all qualified electors of the district as defined in section 43-111, Idaho Code, except that any person residing within the boundaries of the irrigation district and meeting the qualifications of section 34-104, Idaho Code, shall also be permitted to vote. No report need be obtained from the department of water resources and the notice of election need not contain any recital concerning a report from the department of water resources. The contract between an irrigation district and the United States providing for the payment by the United States of the irrigation district’s proportionate share of the capital costs of reconstructing, rehabilitating, replacing or improving dams, structures or works, the election approving the contract and all proceedings taken by an irrigation district in connection with the contract and election need not be confirmed by the district court.
History:
[(43-1808) 1903, p. 150, part of sec. 15; reen. 1907, p. 484, sec. 1, part of subd. 15; reen. R.C., sec. 2396; am. 1915, ch. 143, proviso in sec. 5, p. 304; compiled and reen. C.L. 167:8; C.S., sec. 4473; I.C.A., sec. 42-1808; am. 1980, ch. 329, sec. 1, p. 851; am. 2006, ch. 124, sec. 3, p. 359.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1809 - OPTIONAL PROCEDURE FOLLOWING ELECTION.

43-1809. OPTIONAL PROCEDURE FOLLOWING ELECTION. After authorization of indebtedness shall have been made by the voters, evidenced by an election as provided in section 43-401[, Idaho Code], the board of directors may enter into a contract or obligation with the United States as provided in this chapter and issue or not issue bonds, depending on whether bonds shall be deposited with said contract; or the board of directors may issue bonds for a portion of the amount of indebtedness authorized by said bond election and enter into any obligation or contract with the United States as aforesaid to the extent of the remainder of said amount.
History:
[(43-1809) 1903, p. 150, sec. 15a, as added by 1907, p. 484, sec. 1; reen. R.C., part of sec. 2397; am. 1915, ch. 143, sec. 6, last part of subd. 2397, p. 304; compiled and reen. C.L. 167:9; C.S., sec. 4474; I.C.A., sec. 42-1809.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1810 - DEPOSIT OF BONDS WITH GOVERNMENT.

43-1810. DEPOSIT OF BONDS WITH GOVERNMENT. In case contract has been or may hereafter be made with the United States as herein provided, in lieu of the sale of bonds provided in section 43-409[, Idaho Code], bonds of the district may be deposited with the United States at ninety per cent (90%) of their par value, to the amount to be paid by the district to the United States under any such contract, the interest on said bonds to be provided for by assessment and levy as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in such contracts.
History:
[(43-1810) R.C., part of secs. 2386, 2404; am. 1915, ch. 143, secs. 4, 7; reen. C.L. 167:10; C.S., sec. 4475; I.C.A., sec. 42-1810.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1811 - TERMS OF BONDS.

43-1811. TERMS OF BONDS. Irrigation district bonds deposited with the United States pursuant to the provisions of this chapter may call for the payment of principal without interest if so provided in the contract with the United States, or for the payment of interest, may be of such denomination and may call for the repayment of the principal at such times as may be agreed upon between the district and the secretary of the interior.
History:
[(43-1811) 1917, ch. 83, sec. 3, p. 298; compiled and reen. C.L., 167:11; C.S., sec. 4476; I.C.A., sec. 42-1811; am. 1970, ch. 133, sec. 12, p. 309.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1812 - DISTRICT MAY ACT AS FISCAL AGENT OF GOVERNMENT.

43-1812. DISTRICT MAY ACT AS FISCAL AGENT OF GOVERNMENT. The board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collection of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and to assume the duties and liabilities incident to such action. But the amounts due the United States for construction shall be carried in separate accounts from the other assessments levied by the said district.
History:
[(43-1812) R.C., secs. 2386, 2398, as added by 1915, ch. 143, secs. 1, 4, p. 304; compiled and reen. C.L. 167:12; C.S., sec. 4477; I.C.A., sec. 42-1812.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1813 - DISTRICT ACTING AS FISCAL AGENT — GOVERNMENT’S REMEDIES PRESERVED.

43-1813. DISTRICT ACTING AS FISCAL AGENT — GOVERNMENT’S REMEDIES PRESERVED. Such agency on the part of the district shall not in any way impair the lien reserved to the United States on any tract of land for the cost of such construction, or the rights of the United States to any action so reserved by the United States for the enforcement of such lien, and as such agent of the United States the district shall have the right to refuse the delivery of water to any person who has not made the payments and complied with the conditions required by said acts of congress and the public notices and rules and regulations duly issued thereunder.
History:
[(43-1813) R.C., part of sec. 2398, as added by 1915, ch. 143, sec. 1, p. 304; reen. C.L. 167:13; C.S., sec. 4478; I.C.A., sec. 42-1813.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1814 - DIRECTORS’ ADDITIONAL OFFICIAL BONDS.

43-1814. DIRECTORS’ ADDITIONAL OFFICIAL BONDS. In case any district organized under the provisions of this title is appointed fiscal agent of the United States or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal reclamation project, each such director shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and any such bond may be sued upon by the United States or any person injured by the failure of such director or the district to fully, promptly and completely perform their respective duties.
History:
[(43-1814) R.C., sec. 2387; am. 1915, ch. 143, sec. 3, p. 304; reen. C.L. 167:14; C.S., sec. 4479; I.C.A., sec. 42-1814.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 18 - COOPERATION WITH FEDERAL GOVERNMENT › Section 43-1815 - TREASURER’S ADDITIONAL OFFICIAL BOND.

43-1815. TREASURER’S ADDITIONAL OFFICIAL BOND. In case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal reclamation project, the treasurer of the district shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and such further additional bond may be sued upon by the United States or any person injured by the failure of the said treasurer or of the district to fully, promptly and completely perform their respective duties.
History:
[(43-1815) R.C., sec. 2377; am. 1915, ch. 143, sec. 2, p. 304; compiled and reen. C.L. 167:15; C.S., 4480; I.C.A., sec. 42-1815.]