reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3209 - ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS.

42-3209. ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of real property in the district as well as to all other interested parties.
The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. He shall file with the clerk of the court, at the expense of the district, a corporate fidelity bond in an amount not less than five thousand dollars ($5,000), conditioned on the faithful performance of the duties of his office.
Each member of the board shall receive as compensation for his service a sum not in excess of one hundred fifty dollars ($150) per meeting, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district except in his official representative capacity.
It shall be the duty of the board of directors to cause an audit to be made of all financial affairs of the district during each year ending November 30 as required in section 67-450B, Idaho Code.
The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
History:
[42-3209, added 1947, ch. 152, sec. 9, p. 364; am. 1965, ch. 191, sec. 1, p. 399; am. 1977, ch. 7, sec. 1, p. 14; am. 1993, ch. 44, sec. 1, p. 116; am. 1993, ch. 387, sec. 13, p. 1431; am. 2003, ch. 36, sec. 1, p. 156; am. 2022, ch. 16, sec. 1, p. 35.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3210 - MEETINGS — VACANCIES.

42-3210. MEETINGS — VACANCIES. The board shall meet regularly once each month at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three (3) members of the board shall constitute a quorum at any meeting. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within thirty (30) days after the same occurs, the court having jurisdiction shall fill such vacancy. In the event the board has created director zones and is unable to appoint a board member from the zone vacated, the board may appoint a person-at-large who is an elector of the water and/or sewer district to serve as director of the zone where the vacancy occurred.
History:
[42-3210, added 1947, ch. 152, sec. 10, p. 364; am. 2016, ch. 278, sec. 2, p. 767.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3211 - ELECTIONS — TERMS OF OFFICE.

42-3211. ELECTIONS — TERMS OF OFFICE. (1) On the third Tuesday in May, in the first odd-numbered year after the organization of any district, and on the third Tuesday in May every second year thereafter an election shall be held, which shall be known as the biennial election of the district. Such election shall be held and conducted consistent with the provisions of chapter 14, title 34, Idaho Code.
(2) In districts created under section 42-3202B, Idaho Code, biennial elections shall be held on the third Tuesday in May.
(3) At the first biennial election in any district hereafter organized, and each sixth year thereafter, there shall be elected by the qualified electors of the district, one (1) member of the board to serve for a term of six (6) years; at the second biennial election and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years, and at the third biennial election, and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years.
In any election for director, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated is equal to the number of directors to be elected, it shall not be necessary for the candidates to stand for election, and the board of directors shall declare such candidates elected as directors, and the secretary of the district shall immediately make and deliver to such persons certificates of election signed by him and bearing the seal of the district.
History:
[42-3211, added 1947, ch. 152, sec. 11, p. 364; am. 1957, ch. 29, sec. 3, p. 40; am. 1980, ch. 257, sec. 1, p. 670; am. 1995, ch. 118, sec. 66, p. 482; am. 2009, ch. 341, sec. 100, p. 1048; am. 2010, ch. 185, sec. 15, p. 391; am. 2011, ch. 11, sec. 24, p. 36.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3211a - EXPIRATION OF TERM.

42-3211a. EXPIRATION OF TERM. Any person serving as a board member for a recreational water district, recreational sewer district or a recreational water and sewer district, whose term of office would, after the effective date of this act, expire in January shall continue to serve until the following July election, and all subsequently elected board members shall serve terms of office beginning and ending in July.
History:
[42-3211a, added 1980, ch. 257, sec. 3, p. 670.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3211b - DECISION TO ESTABLISH BOARD DIRECTOR ZONES.

42-3211b. DECISION TO ESTABLISH BOARD DIRECTOR ZONES. Subsequent to the creation of a water and/or sewer district and the election of the first board of directors, the water and/or sewer district board of directors may elect, by resolution, to divide the district into five (5) director zones, as nearly equal in area and parcels to be served as practicable, to be known as zones one, two, three, four and five. If the board of directors elects to create director zones, then it shall also, prior to the next district election, adopt a director election transition schedule for each zone, in accordance with the terms of office of the existing directors, which provides that at the end of the last then-currently serving director term, there will not be more than one (1) director per director zone.
(1) In the event the board of directors establishes director zones, each water and/or sewer district director shall be elected on a districtwide basis.
(2) Director zones may be revised or modified by the board of directors as conditions governing their establishment change.
History:
[42-3211b, added 2016, ch. 278, sec. 3, p. 767.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3213 - TAXES.

42-3213. TAXES. In addition to the other means providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district.
History:
[42-3213, added 1947, ch. 152, sec. 13, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3214 - LEVY AND COLLECTION OF TAXES.

42-3214. LEVY AND COLLECTION OF TAXES. To levy and collect taxes as herein provided, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on the principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 42-3215. The board shall, on or before the first day of September of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
History:
[42-3214, added 1947, ch. 152, sec. 14, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3215 - LEVIES TO COVER DEFAULTS AND DEFICIENCIES.

42-3215. LEVIES TO COVER DEFAULTS AND DEFICIENCIES. The board in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district are not sufficient punctually to pay the annual instalments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid.
History:
[42-3215, added 1947, ch. 152, sec. 15, p. 364; am. 1980, ch. 136, sec. 3, p. 298; am. 1996, ch. 322, sec. 37, p. 1066.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3216 - OFFICERS TO LEVY AND COLLECT TAXES.

42-3216. OFFICERS TO LEVY AND COLLECT TAXES. It shall be the duty of the body having authority to levy taxes within each county, to levy the taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the district ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.
History:
[42-3216, added 1947, ch. 152, sec. 16, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3217 - SINKING FUND.

42-3217. SINKING FUND. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a sinking fund in such amount sufficient to meet the payments of principal and interest on such indebtedness as the same matures, and to constitute a sinking fund for the payment of the principal amount of the indebtedness within thirty (30) years from the time of contracting the indebtedness evidenced thereby and in accordance with the provisions made for the payment of the principal and interest of such indebtedness and also to constitute a sinking fund for payment of the principal thereof, and theretofore provided by resolution pursuant to section 42-3222, Idaho Code, and as required by the constitution and laws of the state of Idaho.
History:
[42-3217, added 1947, ch. 152, sec. 17, p. 364; am. 1980, ch. 136, sec. 4, p. 298; am. 1985, ch. 38, sec. 1, p. 80; am. 1996, ch. 322, sec. 38, p. 1066.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3218A - SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.

42-3218A. SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION. The board of directors of any water or sewer district organized under the provisions of chapter 32, title 42, Idaho Code, may at any time, on their own motion, call an election to submit to the qualified electors of a proposed water or sewer subdistrict the question of the creation of a water or sewer subdistrict. The election shall be called, held, and conducted pursuant to the provisions of chapter 32, title 42, Idaho Code. The proceedings calling the election shall set forth the boundaries of the proposed water or sewer subdistrict and shall provide for the submission of the question of the creation of the water or sewer subdistrict to the qualified electors residing within the proposed boundaries of the water or sewer subdistrict. No proposition for the creation of a water or sewer subdistrict shall be determined to have carried unless the proposition shall receive a majority of the votes cast. Whenever the creation of more than one (1) water or sewer subdistrict is submitted at the same election, separate ballots and separate propositions shall be used in voting on the question of creating each water or sewer subdistrict.
History:
[42-3218A, added 1988, ch. 215, sec. 1, p. 406; am. 1996, ch. 73, sec. 1, p. 237.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3218B - ESTABLISHMENT.

42-3218B. ESTABLISHMENT. Whenever a proposition for the creation of a water or sewer subdistrict shall have been approved in the manner set forth in section 42-3218A, Idaho Code, the board of directors of the water or sewer district shall enter in the minutes of the board an order providing for the establishment and creation of the water or sewer subdistrict setting forth therein the legal description of the boundaries thereof, and shall designate therein a name for such water or sewer subdistrict. Within ten (10) days after the entry of the order creating a water or sewer subdistrict, the board of directors shall certify the fact of the creation of the water or sewer subdistrict to the board of county commissioners of each county in which any part of the water or sewer subdistrict is located, by the filing of a certified copy of the order of the board of directors creating and establishing the water or sewer subdistrict.
History:
[42-3218B, added 1988, ch. 215, sec. 1, p. 406.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3218C - NATURE AND POWERS.

42-3218C. NATURE AND POWERS. Each water or sewer subdistrict created and established as provided in sections 42-3218A through 42-3218D, Idaho Code, shall be a political subdivision of the state of Idaho. The board of directors entering the order creating and establishing a water or sewer subdistrict shall be the governing body of all water or sewer subdistricts created by the board, and shall possess those powers as provided in chapter 32, title 42, Idaho Code, on behalf of the water or sewer subdistrict, including the power to order, conduct and hold all elections in water or sewer subdistricts for the purpose of incurring debt and issuing bonds pursuant to chapter 32, title 42, Idaho Code.
History:
[42-3218C, added 1988, ch. 215, sec. 1, p. 406.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3218D - INDEBTEDNESS — BOND ISSUES.

42-3218D. INDEBTEDNESS — BOND ISSUES. Water or sewer subdistricts may incur debt and issue bonds for the purpose of acquiring, purchasing, or improving a water or sewer site or sites, and acquiring or constructing new water or sewer facilities. The governing body of a water or sewer subdistrict may submit to the qualified electors of the water or sewer subdistrict the question of whether the governing body of the water or sewer subdistrict shall be empowered to issue negotiable bonds of the water or sewer subdistrict in an amount and for a period of time to be named in the notice of election. Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed and the qualifications of electors voting or offering to vote shall be as provided in chapter 32, title 42, Idaho Code.
History:
[42-3218D, added 1988, ch. 215, sec. 1, p. 407.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3219 - EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.

42-3219. EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition, and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied, but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court said property shall be excluded from the district.
History:
[42-3219, added 1947, ch. 152, sec. 19, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3220 - LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.

42-3220. LIABILITY OF PROPERTY INCLUDED OR EXCLUDED. All real property included within, or excluded from, a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion.
History:
[42-3220, added 1947, ch. 152, sec. 20, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3221 - ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.

42-3221. ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS. To carry out the purposes of this act, and to pay the necessary and ordinary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest, payable semi-annually, and shall be due and payable serially, either annually or semi-annually, commencing not later than three (3) years and extending not more than thirty (30) years from date. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding three per centum (3%) of the principal thereof. Said bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
History:
[42-3221, added 1947, ch. 152, sec. 21, p. 364; am. 1955, ch. 63, sec. 3, p. 122; 1965, ch. 140, sec. 1, p. 274; am. 1970, ch. 133, sec. 7, p. 309.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3222 - INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE.

42-3222. INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE. Whenever any board shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, public or private, municipalities, or governmental subdivisions, to carry out the objects or purposes of said district, requiring the creation of an indebtedness that will exceed the income and revenue provided for the year, said board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified electors of the district at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, the officers of such election consisting of three (3) judges, one (1) of whom shall act as clerk.
History:
[42-3222, added 1947, ch. 152, sec. 22, p. 364; am. 1957, ch. 29, sec. 5, p. 40; am. 1971, ch. 25, sec. 6, p. 61; am. 1992, ch. 151, sec. 1, p. 457; am. 1995, ch. 118, sec. 68, p. 486.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3223 - NOTICE OF ELECTION.

42-3223. NOTICE OF ELECTION. The board shall prescribe the form of the notice of election, and direct the publication of the same in accordance with the provisions of sections 34-1405 and 34-1406, Idaho Code.
History:
[42-3223, added 1947, ch. 152, sec. 23, p. 364; am. 1995, ch. 118, sec. 69, p. 487.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3224 - CONDUCT OF ELECTION — CANVASS OF RETURNS.

42-3224. CONDUCT OF ELECTION — CANVASS OF RETURNS. The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, including chapter 14, title 34, Idaho Code, and shall make their returns to the secretary of the district, provided that precincts shall be as provided in section 42-3207, Idaho Code. At any regular or special meeting of the board held within ten (10) days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.
History:
[42-3224, added 1947, ch. 152, sec. 24, p. 364; am. 1967, ch. 186, sec. 2, p. 613; am. 1995, ch. 118, sec. 70, p. 487.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3225 - EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.

42-3225. EFFECT OF ELECTION — SUBSEQUENT ELECTIONS. In the event that it shall appear from said returns that two-thirds (2/3) of said qualified electors who are taxpayers of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
History:
[42-3225, added 1947, ch. 152, sec. 25, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3226 - CORRECTION OF FAULTY NOTICES.

42-3226. CORRECTION OF FAULTY NOTICES. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has [had] been properly given in the first instance.
History:
[42-3226, added 1947, ch. 152, sec. 26, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3227 - SEPARABILITY.

42-3227. SEPARABILITY. If it should be judicially determined that any part of this act is invalid or unenforcible [unenforceable], such determination shall not affect the remaining parts, it being the intention to make this act and all its parts severable.
History:
[42-3227, added 1947, ch. 152, sec. 27, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3228 - BUDGET AND HEARING.

42-3228. BUDGET AND HEARING. A board shall adopt a budget and shall cause a public hearing to be held upon such budget, prior to certifying a tax levy to the board of county commissioners of each county within the district, or having a portion of its territory within the district.
History:
[42-3228, as added by 1973, ch. 84, sec. 1, p. 134.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3229 - NOTICE OF HEARING.

42-3229. NOTICE OF HEARING. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each water and sewer district to be determined by the board; a copy of such notice shall also be published in a daily or weekly newspaper published within such water and sewer district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.
History:
[42-3229, as added by 1973, ch. 84, sec. 2, p. 134.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3230 - PUBLIC INSPECTION OF BUDGET — TIME AND PLACE.

42-3230. PUBLIC INSPECTION OF BUDGET — TIME AND PLACE. Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.
History:
[42-3230, as added by 1973, ch. 84, sec. 3, p. 134.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3231 - QUORUM OF BOARD AT HEARING.

42-3231. QUORUM OF BOARD AT HEARING. A quorum of the board shall attend such hearing and explain the proposed budget and hear any and all objections thereto.
History:
[42-3231, as added by 1973, ch. 84, sec. 4, p. 134.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3232 - VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER.

42-3232. VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER. (1) All acts and proceedings heretofore taken pursuant to chapter 32, title 42, Idaho Code, for the organization of the district, the elections incidental thereto, the authorization, issuance, and sale of bonds of any such district, are hereby confirmed, validated and declared legally effective, including all acts and proceedings of any person, public officer, board or agency heretofore done or taken upon the question of the authorization, issuance, sale or exchange of such bonds authorized to be issued under such statutes, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in the creation of such public body, including all election procedures incidental thereto, and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment.
(2) The provisions of this section shall not operate to confirm, validate or legalize any action or proceedings [proceeding], the legality of which is being contested or inquired into [in] any legal proceeding now pending and undetermined and shall not operate to confirm, validate or legalize any action or proceedings [proceeding] which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
(3) Any action or proceeding contesting the validity of any action or proceeding referred to in subsection (1) of this section shall be brought within thirty (30) days from the effective date of this act.
(4) This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.
History:
[42-3232, added 1979, ch. 272, sec. 3, p. 708.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3233 - MERGER AUTHORIZED.

42-3233. MERGER AUTHORIZED. Two (2) or more water and/or sewer districts may vote to merge upon such terms as the districts may agree. In order to bring the matter to a vote, each board of directors, by majority vote, must independently vote to call an election for a vote to merge.
History:
[42-3233, added 1982, ch. 88, sec. 1, p. 163.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3234 - MAJORITY VOTE REQUIRED.

42-3234. MAJORITY VOTE REQUIRED. If all boards of directors of districts proposing to merge call for the election, each district shall independently hold an election, subject to the provisions of section 34-106, Idaho Code, and if more than a majority of those voting in each election favor the merger, the merger shall occur.
History:
[42-3234, added 1982, ch. 88, sec. 1, p. 163; am. 1995, ch. 118, sec. 71, p. 487.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3235 - VOTING PROCEDURE.

42-3235. VOTING PROCEDURE. Qualifications for and methods of voting, conduct of the election and canvass of the returns shall be the same as provided for the election of a director.
History:
[42-3235, added 1982, ch. 88, sec. 1, p. 163.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3236 - BALLOT.

42-3236. BALLOT. Each ballot shall have attached to it a summary of the terms of the merger, and the ballot issue shall read:
Shall ……………………and …………………sewer and/or water districts merge into one sewer and/or water district to be known as ……………………….on the summary of terms outlined.
(PLACE AN "X" IN THE BOX REFLECTING YOUR CHOICE.)
History:
[42-3236, added 1982, ch. 88, sec. 1, p. 163.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3237 - COURT ORDER DECLARING MERGER.

42-3237. COURT ORDER DECLARING MERGER. In the event all districts voting on the issue pass the same, each board shall certify the results of the election to the district court in which most of the territory of the merged district will be. Upon satisfying itself that the election proceedings were proper in each district, the court shall enter an order creating the merged district under the terms presented to the voters. The court shall also select five (5) directors for the newly merged district from among the directors of the constituent districts recommended for such positions and shall set their terms of office.
History:
[42-3237, added 1982, ch. 88, sec. 1, p. 164.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3238 - PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION.

42-3238. PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION. Notwithstanding any other provision of law, no water district, sewer district or water and sewer district shall levy or collect any tax, any fee or any other charge of any kind related in any way to the collection or treatment of sewage by such district against any property located in such district which property is served by a private community sewer system. Said properties shall be exempt from any such tax, fee or charge. A "private community sewer system" means a system which collects and processes sewage for ten (10) or more residences, commercial or industrial facilities. The exemption provided in this section shall not apply to residences, commercial or industrial facilities served by an individual septic system. Nothing contained herein shall prohibit a charge for the delivery or furnishing of water by such district.
History:
[42-3238, added 1991, ch. 263, sec. 1, p. 653.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3301 - APPOINTMENT OF MEMBERS OF COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF BEAR RIVER.

42-3301. APPOINTMENT OF MEMBERS OF COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF BEAR RIVER. The governor of the state of Idaho is hereby authorized to appoint a commission consisting of three (3) commissioners, of which the director of the department of water resources may be one (1), and up to two (2) alternate commissioners, to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Wyoming, Utah, and Idaho, and a commissioner that may be appointed to represent the United States of America, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, between the said states, with consent of congress, respecting the lawful diversion, distribution, and the further utilization and disposition of the waters of Bear River, and all streams tributary thereto, with due regard to the priority rule controlling the use of water, and fixing and determining a method of regulation, administration and control of the waters of said river; provided, however, that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon either of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of the said three (3) states and by the congress of the United States.
History:
[42-3301, added 1943, ch. 90, sec. 1, p. 180; am. 2017, ch. 74, sec. 1, p. 187.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3302 - LEGAL, ENGINEERING AND OTHER ASSISTANTS.

42-3302. LEGAL, ENGINEERING AND OTHER ASSISTANTS. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistants as the governor and attorney general and director of the department of water resources of the state of Idaho may deem advisable and necessary.
History:
[42-3302, added 1943, ch. 90, sec. 2, p. 180.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3303 - AUTHORITY AND DUTIES OF COMMISSIONERS.

42-3303. AUTHORITY AND DUTIES OF COMMISSIONERS. Said commissioners, or alternate commissioners in the absence of appointed commissioners, for the state of Idaho shall have authority to make full investigations of Bear River and its tributaries and the drainage area thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river, and of the present and future needs of the state of Idaho and its citizens, to the proper use and benefits of the waters of said stream and to perform such other duties as may be necessary to sufficiently determine such facts and to secure the necessary information in order that they may properly perform their duties as commissioners of the state of Idaho upon said joint commission.
History:
[42-3303, added 1943, ch. 90, sec. 3, p. 180; am. 2017, ch. 74, sec. 2, p. 187.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3304 - DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.

42-3304. DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, to aid and assist the commissioners to be appointed for the state of Idaho whenever necessary in order to facilitate their work in carrying out the intent and purposes of this act.
History:
[42-3304, added 1943, ch. 90, sec. 4, p. 180.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3305 - REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION.

42-3305. REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION. The governor of Idaho shall advise the governors of the states of Utah and Wyoming and the President of the United States of this enactment and request that reciprocal legislation be enacted by said states and that a proper resolution be adopted by the congress of the United States giving permission to the states of Idaho, Utah and Wyoming to enter into a compact or agreement respecting the control and use of the waters of Bear River and its tributaries.
History:
[42-3305, added 1943, ch. 90, sec. 5, p. 180.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3306 - TENURE OF OFFICE — REMUNERATION AND EXPENSES — REDUCTION OF NUMBER.

42-3306. TENURE OF OFFICE — REMUNERATION AND EXPENSES — REDUCTION OF NUMBER. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the states of Utah and Wyoming shall appoint but one (1) commissioner to perform such services for said respective states, then and in that event, the governor of the state of Idaho may, in his discretion, reduce the number of commissioners of the state of Idaho from three (3) to one (1), who shall exercise all the rights and duties imposed by this act.
History:
[42-3306, added 1943, ch. 90, sec. 6, p. 180.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3307 - COMPACT WITH UNITED STATES AND NEVADA AUTHORIZED RELATIVE TO WATER RIGHTS OF SALMON FALLS CREEK.

42-3307. COMPACT WITH UNITED STATES AND NEVADA AUTHORIZED RELATIVE TO WATER RIGHTS OF SALMON FALLS CREEK. Authority shall be and is hereby granted unto the governor of the state of Idaho to cause a compact to be entered into by the state of Idaho, with the state of Nevada and the United States, concerning the acquiring of water rights and the distribution of water within the respective states of Idaho and Nevada from Salmon Falls Creek, the North Fork of which heads in Idaho and flows through Nevada, and the South Fork of which heads in Nevada and joins with the North Fork in Nevada, and which thence flows into Idaho where it empties into the reservoir, situated in Townships Fourteen (14) and Fifteen (15) South, Ranges Fourteen (14) and Fifteen (15) E.B.M., Twin Falls County, State of Idaho, of the Salmon River Canal Company, Ltd., a corporation organized and existing under and by virtue of the laws of the state of Idaho.
History:
[42-3307, added 1943, ch. 44, sec. 1, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3308 - APPOINTMENT OF COMMISSIONER — TERM — REMUNERATION — DUTIES.

42-3308. APPOINTMENT OF COMMISSIONER — TERM — REMUNERATION — DUTIES. For the purpose of carrying this act into effect, a commissioner for the state of Idaho shall be appointed by the governor, whose term of office shall be at the pleasure of the governor, and whose remuneration shall be fixed by the governor, and whose duties shall embrace, gathering and compiling data, attending meetings of the commission of which said commissioner shall be a member, carrying on negotiations for an agreement or compact between the state of Idaho, the state of Nevada, and the United States concerning the acquiring of water rights and the distribution of water within the states of Idaho and Nevada, and to generally perform such duties as shall be required by the governor of the state of Idaho in carrying out the purpose and intent of this act.
History:
[42-3308, added 1943, ch. 44, sec. 2, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3309 - REQUEST FOR RECIPROCAL LEGISLATION AND APPOINTMENT OF NEVADA COMMISSIONER.

42-3309. REQUEST FOR RECIPROCAL LEGISLATION AND APPOINTMENT OF NEVADA COMMISSIONER. The governor (a) Shall advise the executive branch of the state of Nevada and the President of the United States of the enactment of this legislation, and request that reciprocal legislation be enacted by the state of Nevada, and that proper resolution be adopted by the congress of the United States giving permission to the states of Idaho and Nevada to enter into a compact or agreement respecting the acquiring of water rights and the distribution of water in the states of Idaho and Nevada, and concerning the disposition, distribution and apportionment of the waters of Salmon Falls Creek, and its tributaries hereinabove more particularly described, between the states of Idaho and Nevada.
(b) And shall request the executive branch of the government of the state of Nevada to cause a commissioner to be appointed to carry such reciprocal legislation as may be enacted by the state of Nevada into effect. And shall request the President of the United States to cause a commissioner to be appointed, pursuant to proper resolution of congress, to whom shall be delegated such authority as shall be needed, to the end that permission shall be granted by the United States to the states of Idaho and Nevada to enter into such compact or agreement.
History:
[42-3309, added 1943, ch. 44, sec. 3, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3310 - COMPOSITION OF COMMISSION — PURPOSE.

42-3310. COMPOSITION OF COMMISSION — PURPOSE. The commissioner appointed by the governor of the state of Idaho, pursuant to this act, and a commissioner who shall be appointed pursuant to legislation enacted by the state of Nevada, and a commissioner who shall be appointed by the President of the United States pursuant to resolution of the congress, shall constitute a commission for the purpose of formulating a compact or agreement concerning the acquiring of water rights and the distribution of water on said Salmon Falls Creek within the states of Idaho and Nevada.
History:
[42-3310, added 1943, ch. 44, sec. 4, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3311 - EFFECTIVE DATE OF COMPACT.

42-3311. EFFECTIVE DATE OF COMPACT. Any compact or agreement negotiated under the terms of this act and reciprocal legislation of the state of Nevada and joint resolution of the congress of the United States shall become effective upon its approval and ratification by the legislature of the state of Idaho.
History:
[42-3311, added 1943, ch. 44, sec. 5, p. 89.]