reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3312 - INSTITUTION OF LEGAL PROCEEDINGS TO SECURE APPORTIONMENT UPON FAILURE TO COMPACT.

42-3312. INSTITUTION OF LEGAL PROCEEDINGS TO SECURE APPORTIONMENT UPON FAILURE TO COMPACT. Should it be determined by the governor of the state of Idaho that a compact or agreement cannot be negotiated or carried into effect concerning the acquiring of water rights and the distribution of water within the states of Idaho and Nevada of the said Salmon Falls Creek, pursuant to the terms of this act, then and in that contingency the governor of the state of Idaho shall be, and he is hereby, authorized to direct the attorney general of the state of Idaho to institute appropriate legal proceedings on behalf of the state of Idaho against the state of Nevada in the Supreme Court of the United States, or other court or courts, to obtain an equitable apportionment and distribution between the states of Idaho and Nevada of the waters of the said Salmon Falls Creek, which said direction shall be carried into effect by the attorney general of the state of Idaho; to the end that priority rights on the stream shall be established.
History:
[42-3312, added 1943, ch. 44, sec. 6, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3313 - COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF SNAKE RIVER.

42-3313. COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF SNAKE RIVER. The governor of the state of Idaho is hereby authorized to appoint a commission of ten (10) members, of which the director of the department of water resources shall be one (1), to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Wyoming and Idaho and a commissioner that may be appointed by the President of the United States, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, between the states, with the consent of congress, respecting the lawful diversion, distribution, and further utilization and disposition of the waters of the Snake River and all streams tributary thereto, with due regard to vested rights, mutual benefits and equitable apportionment, 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 both states and by the congress of the United States.
History:
[42-3313, added 1949, ch. 11, sec. 1, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3314 - LEGAL, ENGINEERING AND OTHER ASSISTANCE.

42-3314. LEGAL, ENGINEERING AND OTHER ASSISTANCE. 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 assistance as the governor and attorney general and director of the department of water resources and the board of examiners of the state of Idaho may deem advisable and necessary.
History:
[42-3314, added 1949, ch. 11, sec. 2, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3315 - AUTHORITY AND DUTIES OF COMMISSION.

42-3315. AUTHORITY AND DUTIES OF COMMISSION. The said commissioners for the state of Idaho shall have authority to make full investigations of Snake 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:
[42-3315, added 1949, ch. 11, sec. 3, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3316 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.

42-3316. DIRECTOR OF 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:
[42-3316, added 1949, ch. 11, sec. 4, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3317 - REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION.

42-3317. REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION. The governor of Idaho shall advise the governor of the state of Wyoming and the president of the United States of this enactment and request that reciprocal legislation be enacted by said state and that a proper resolution be adopted by the congress of the United States giving permission to the states of Idaho and Wyoming to enter into a compact or agreement respecting the control of the waters of Snake River and its tributaries.
History:
[42-3317, added 1949, ch. 11, sec. 5, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3318 - TENURE OF OFFICE — REMUNERATION AND EXPENSES — REDUCTION OF NUMBER.

42-3318. 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 state of Wyoming shall appoint but one (1) commissioner to perform such services for said state, 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 ten (10) to one (1), who shall exercise all the rights and duties imposed in this act.
History:
[42-3318, added 1949, ch. 11, sec. 6, p. 11.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3319 - COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF COLUMBIA RIVER.

42-3319. COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF COLUMBIA RIVER. The governor of the state of Idaho is hereby authorized to appoint a commission of five (5) members, of which the director of the department of water resources shall be one (1), to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Washington, Oregon, Wyoming, Montana, Utah, Nevada and Idaho, and a commissioner that may be appointed by the president of the United States, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, among the states, or so many of them, not less than five (5), as shall agree thereto, with the consent of congress, respecting the lawful diversion, distribution, and further utilization and disposition of the waters of the Columbia River and all streams tributary thereto, including the Snake River, with due regard to vested rights, mutual benefits and equitable apportionment, and fixing and determining a method of regulation, administration and control of said river, and its tributaries; provided, however, that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon any of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of at least five (5) of the states, including the states of Washington, Oregon, Montana and Idaho and by the congress of the United States.
History:
[42-3319, added 1951, ch. 61, 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 42-3320 - LEGAL, ENGINEERING AND OTHER ASSISTANCE.

42-3320. LEGAL, ENGINEERING AND OTHER ASSISTANCE. 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 assistance as the governor and attorney general and director of the department of water resources and the board of examiners of the state of Idaho might deem advisable and necessary.
History:
[42-3320, added 1951, ch. 61, 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 42-3321 - AUTHORITY AND DUTIES OF COMMISSION.

42-3321. AUTHORITY AND DUTIES OF COMMISSION. The said commissioners for the state of Idaho shall have full authority to make full investigations of the Columbia River and its tributaries, including the Snake River, and the drainage thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river, and its tributaries, 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 river, and its tributaries, 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:
[42-3321, added 1951, ch. 61, 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 42-3322 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.

42-3322. DIRECTOR OF 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, or whoever they may appoint, 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:
[42-3322, added 1951, ch. 61, 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 42-3323 - REQUEST FOR RECIPROCAL LEGISLATION AND CONGRESSIONAL ENABLING LEGISLATION.

42-3323. REQUEST FOR RECIPROCAL LEGISLATION AND CONGRESSIONAL ENABLING LEGISLATION. The governor of Idaho shall advise the governors of the states of Washington, Oregon, Montana, Utah, Wyoming and Nevada, 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 or statute be adopted by the congress of the United States granting permission to the states of Washington, Oregon, Montana, Utah, Wyoming, Nevada and Idaho to enter into a compact or agreement respecting the control of the waters of the Columbia River and its tributaries.
History:
[42-3323, added 1951, ch. 61, sec. 5, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 33 - COMMISSIONS TO NEGOTIATE COMPACTS WITH OTHER STATES › Section 42-3324 - TENURE OF OFFICE — REMUNERATION AND EXPENSES.

42-3324. TENURE OF OFFICE — REMUNERATION AND EXPENSES. 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.
History:
[42-3324, added 1951, ch. 61, sec. 6, p. 89.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 34 - RATIFICATION OF INTERSTATE COMPACTS › Section 42-3404 - ANADROMOUS FISH — COMPACT WITH WASHINGTON AND OREGON — REGULATORY POWERS OF FISH AND GAME REPRESENTATIVES OF STATES.

42-3404. ANADROMOUS FISH — COMPACT WITH WASHINGTON AND OREGON — REGULATORY POWERS OF FISH AND GAME REPRESENTATIVES OF STATES. Should congress by virtue of the authority vested in it under article 1, section 10, of the Constitution of the United States, providing for compacts and agreements between states, ratify the following as a definite compact and agreement between the states of Washington, Oregon and Idaho, then, and in that event, there shall exist between the states of Washington, Oregon and Idaho a compact and agreement, the purport of which shall be substantially as follows:
The compact states acknowledge that they have a common interest in the conservation and management of anadromous fish stocks in the Columbia River drainage and they mutually agree to assume joint responsibility in developing sports and commercial fishery programs and regulations which will maintain and preserve the resource for the interest and benefit of all users.
Membership from the compact states shall be the Idaho department of fish and game, the fish commission of the state of Oregon, Oregon wildlife commission, Washington department of fisheries and the Washington department of game or the successor agency to any of the above. The compact members may appoint advisors to serve as needed.
All rules and regulations now existing or which may be necessary for the conservation and management of anadromous fish in the waters of the main stem of the Columbia River from its mouth to the mouth of the Snake River and the waters of the main stem of the Snake River from its mouth to the mouth of the Salmon River, shall be made, changed, altered and amended in whole or in part by a majority vote. In voting on rules and regulations, each state shall be entitled to one (1) vote. Idaho will vote only on those regulations which might have a substantial impact on fish destined for Idaho waters.
The individual states shall be responsible for the management of anadromous fish stocks in pertinent tributary streams and shall be guided in such management by the intent and purpose of this compact.
History:
[42-3404, added 1967, ch. 37, sec. 1, p. 59; am. 1969, ch. 6, sec. 1, p. 9; am. 1975, ch. 233, sec. 1, p. 637.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3501 - BEAR RIVER COMPACT COMMISSIONERS — APPOINTMENT.

42-3501. BEAR RIVER COMPACT COMMISSIONERS — APPOINTMENT. The governor of the state of Idaho is hereby authorized and directed to appoint three (3) commissioners to represent the state of Idaho on a joint commission to be composed of three (3) commissioners from each of the states of Idaho, Utah, and Wyoming and one (1) commissioner that may be appointed to represent the United States of America, the said joint commission to be constituted for the purpose of administration of the Bear River Compact.
History:
[42-3501, added 1955, ch. 219, sec. 1, p. 468.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3502 - QUALIFICATIONS OF COMMISSIONERS OF BEAR RIVER COMPACT.

42-3502. QUALIFICATIONS OF COMMISSIONERS OF BEAR RIVER COMPACT. Two (2) of the commissioners shall be electors of the state of Idaho who are residents within the watershed of the Bear River in Idaho. One (1) commissioner may be the director of the department of water resources of the state of Idaho.
History:
[42-3502, added 1955, ch. 219, sec. 2, p. 468.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3503 - TERMS OF BEAR RIVER COMPACT COMMISSIONERS — FILLING VACANCIES.

42-3503. TERMS OF BEAR RIVER COMPACT COMMISSIONERS — FILLING VACANCIES. The appointment of each commissioner shall be for a six (6) year term but may be terminated at the pleasure of the governor: Provided that the appointments of the commissioners first appointed shall terminate at two (2) year intervals beginning with the end of the first even numbered year after the Bear River Compact goes into effect. Vacancies shall be filled for the unexpired term in which the vacancy occurs.
History:
[42-3503, added 1955, ch. 219, sec. 3, p. 468.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3504 - REMUNERATION AND EXPENSES OF BEAR RIVER COMPACT COMMISSIONERS.

42-3504. REMUNERATION AND EXPENSES OF BEAR RIVER COMPACT COMMISSIONERS. The remuneration and expenses of the commissioners shall be fixed by the governor. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Bear River Commission shall be appropriated by the legislature to the department of water resources for these purposes.
History:
[42-3504, added 1955, ch. 219, sec. 4, p. 468.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3505 - COLUMBIA INTERSTATE COMPACT BECOMING OPERATIVE UPON RATIFICATION AND ENACTMENT OF LEGISLATION.

42-3505. COLUMBIA INTERSTATE COMPACT BECOMING OPERATIVE UPON RATIFICATION AND ENACTMENT OF LEGISLATION. The compact set forth in section 42-3403[, Idaho Code,] shall not become operative unless and until it has been ratified and approved by appropriate legislative enactment by the states of Washington, Oregon and Montana, and has been consented to and approved by the congress of the United States by legislation conforming to the requirement of subdivision A of article XIV of said compact. The governor of Idaho shall give notice of the ratification and approval of this compact by the Idaho legislature to the governors of the states of Washington, Oregon, Montana, Wyoming, Nevada and Utah and to the President of the United States.
History:
[42-3505, added 1963, ch. 310, sec. 2, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3506 - COMMISSIONERS OF COLUMBIA COMPACT COMMISSION — APPOINTMENT — TERM — VACANCIES.

42-3506. COMMISSIONERS OF COLUMBIA COMPACT COMMISSION — APPOINTMENT — TERM — VACANCIES. There shall be three (3) members of the Columbia Compact Commission from the state of Idaho. They shall be appointed by the governor with the consent of the senate and shall hold office at the pleasure of the governor. The terms of each of the initial three (3) members shall begin at the time of appointment, provided said compact shall then have gone into effect; otherwise, shall begin upon the date which said compact shall become effective. The term of one (1) of said three (3) commissioners first appointed shall be two (2) years, one (1) shall be four (4) years, and one (1) shall be six (6) years; and their successors shall be appointed by the governor with the consent of the senate for terms of six (6) years each. Each commissioner shall hold office until his successor shall be appointed or qualified. Vacancies occurring in the office of any such commissioner for any reason or cause shall be filled by appointment by the governor with the consent of the senate for the unexpired term. Any appointment made by the governor while the senate is not in session shall be effective as a temporary appointment until the next meeting of the senate when the governor shall present to that body his nomination for the office.
History:
[42-3506, added 1963, ch. 310, sec. 3, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3507 - POWERS GRANTED TO COLUMBIA COMPACT COMMISSION.

42-3507. POWERS GRANTED TO COLUMBIA COMPACT COMMISSION. There is hereby granted to the commission and the commissioners thereof all the powers provided for in said compact and all powers necessary or incidental to the carrying out of said compact in every particular.
History:
[42-3507, added 1963, ch. 310, sec. 4, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3508 - PER DIEM AND EXPENSES PAID COLUMBIA COMPACT COMMISSION.

42-3508. PER DIEM AND EXPENSES PAID COLUMBIA COMPACT COMMISSION. Each member of the Commission from the state of Idaho shall be compensated, from funds appropriated by the Legislature for that purpose, as provided by section 59-509(f), Idaho Code, for each day devoted to the business of the Commission. Such member may, regardless of any charter or statutory provision to the contrary, be an officer or employee holding another public position.
History:
[42-3508, added 1963, ch. 310, sec. 5, p. 818; am. 1980, ch. 247, sec. 43, p. 613.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3509 - REMUNERATION AND EXPENSES OF COLUMBIA COMPACT COMMISSIONERS.

42-3509. REMUNERATION AND EXPENSES OF COLUMBIA COMPACT COMMISSIONERS. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Columbia Compact Commission shall be appropriated by the legislature to the state department of water resources for these purposes.
History:
[42-3509, added 1963, ch. 310, sec. 6, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3510 - STATE OFFICERS TO RENDER ASSISTANCE TO COLUMBIA COMPACT COMMISSION.

42-3510. STATE OFFICERS TO RENDER ASSISTANCE TO COLUMBIA COMPACT COMMISSION. All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdiction, necessary to or incidental to the carrying out of said compact in every particular. All officers, bureaus, departments and persons of and in the government or administration of this state are hereby authorized and directed, at convenient times and upon the request of the said commission, to furnish said commission with information and data possessed by them or any of them, and to aid said commission by any means lying within their legal powers respectively.
History:
[42-3510, added 1963, ch. 310, sec. 7, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 35 - COMMISSIONS TO ADMINISTER COMPACTS › Section 42-3511 - POWERS GRANTED COLUMBIA COMPACT COMMISSION SUPPLEMENTAL TO THOSE CONTAINED IN COMPACT.

42-3511. POWERS GRANTED COLUMBIA COMPACT COMMISSION SUPPLEMENTAL TO THOSE CONTAINED IN COMPACT. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of this state or by the laws of other signatory states or by congress or by the terms of said compact, which shall be liberally construed.
History:
[4203511, added 1963, ch. 310, sec. 8, p. 818.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 36 - WATERSHED PROTECTION AND FLOOD PREVENTION › Section 42-3601 - PURPOSE TO PREVENT EROSION, FLOODWATER AND SEDIMENT DAMAGES.

42-3601. PURPOSE TO PREVENT EROSION, FLOODWATER AND SEDIMENT DAMAGES. Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the state of Idaho, causing loss of life and damage to property, constitute a menace to the welfare of the citizens of Idaho; and it is the sense of the legislature of the state of Idaho that the state of Idaho should cooperate with the United States of America, with any political subdivision or public agency in the state of Idaho and with any private person, association, corporation or group of persons, or any agent or agency of any of the foregoing now or hereafter having authority to so cooperate for the purpose of preventing such damages and of furthering the conservation, development, utilization, and disposal of water in Idaho and thereby of preserving and protecting the land and water resources of the state of Idaho.
History:
[42-3601, added 1957, ch. 120, sec. 1, p. 199.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 36 - WATERSHED PROTECTION AND FLOOD PREVENTION › Section 42-3602 - ACCEPTANCE OF PROVISIONS OF FEDERAL ACT — COOPERATION WITH FEDERAL AUTHORITIES.

42-3602. ACCEPTANCE OF PROVISIONS OF FEDERAL ACT — COOPERATION WITH FEDERAL AUTHORITIES. To effectuate the purposes of the act, as expressed in section 42-3601 hereof, the state of Idaho hereby accepts the provisions of the "Watershed Protection and Flood Prevention Act" (Aug. 4, 1954; 68 Stat. 666), and present and future amendments thereto, and shall, through the director of the department of lands of the state of Idaho, advise, consult and cooperate with any authorized federal officer or agency or any other authorized body or person whomsoever, or any combination thereof, in planning any number of "works of improvement" in Idaho under the said "Watershed Protection and Flood Prevention Act."
History:
[42-3602, added 1957, ch. 120, sec. 2, p. 199; am. 1974, ch. 17, sec. 23, p. 308.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 36 - WATERSHED PROTECTION AND FLOOD PREVENTION › Section 42-3603 - AGREEMENTS AUTHORIZED FOR WORKS OF IMPROVEMENT.

42-3603. AGREEMENTS AUTHORIZED FOR WORKS OF IMPROVEMENT. The state of Idaho, by and through the director of the department of lands with the approval of the board of land commissioners, is authorized to enter into reasonable agreements with any authorized federal officer or agency or any other authorized body or person whomsoever, or any combination thereof, in constructing and maintaining or in any other manner whatsoever completing and effectuating any number of "works of improvement" under the said "Watershed Protection and Flood Prevention Act." Provided, however, that no such agreement shall obligate the state of Idaho to bear more than its reasonable share of the cost of such "works of improvement," considering the benefits accruing to the state of Idaho in relation to benefits accruing to others.
History:
[42-3603, added 1957, ch. 120, sec. 3, p. 199; am. 1974, ch. 17, sec. 24, p. 308.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 36 - WATERSHED PROTECTION AND FLOOD PREVENTION › Section 42-3604 - UTILIZATION OF ADMINISTRATIVE APPROPRIATIONS AND PERSONNEL.

42-3604. UTILIZATION OF ADMINISTRATIVE APPROPRIATIONS AND PERSONNEL. For the purpose of executing section 42-3602, Idaho Code, the director of the department of lands is authorized to utilize existing and regular administrative appropriations and personnel. For the purposes of executing the provisions of section 42-3603, Idaho Code, the director is authorized to expend such funds as may now or hereafter be available to him for said purposes and he may likewise expend such moneys, over which he may be given control, as may be granted to the state of Idaho by the United States of America or anyone else for said purposes.
History:
[42-3604, added 1957, ch. 120, sec. 4, p. 199; am. 1974, ch. 17, sec. 25, p. 308.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3701 - SHORT TITLE.

42-3701. SHORT TITLE. This act may be known and cited as the Watershed Improvement District Law.
History:
[42-3701, added 1957, ch. 226, sec. 1, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3702 - LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY.

42-3702. LEGISLATIVE DETERMINATIONS AND DECLARATION OF POLICY. It is hereby recognized that the protection of life and property from floods, the prevention of damage to lands therefrom, and the orderly development, wise use, conservation and protection of the water resources of the state by the considered and proper use thereof, is of paramount importance to the welfare and prosperity of the people of the state.
To realize these objectives it is hereby declared to be the policy of the state to provide for the prevention of flood damage and the conservation[,] development, utilization and disposal of water in the watersheds of this state and thereby to protect and promote the health, safety and general welfare of the people of this state.
History:
[42-3702, added 1957, ch. 226, sec. 2, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3703 - DEFINITIONS.

42-3703. DEFINITIONS. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:
1. "District" or "watershed improvement district" means a governmental subdivision of this state and a public body corporate and politic organized in accordance with the provisions of this act for the purposes, with the powers, and subject to the restrictions hereinafter set forth.
2. "Director" means one (1) of the members of the governing body of a district elected or appointed in accordance with the provisions of this act.
3. "Commission" or "state soil and water conservation commission" means the agency created in section 22-2718, Idaho Code.
4. "Petition" means a petition filed under the provisions of section 42-3705, Idaho Code, for the creation of a district.
5. "Nominating petition" means a petition filed under the provisions of section 42-3706, Idaho Code, to nominate a candidate for the office of director of a watershed improvement district.
6. "State" means the state of Idaho.
7. "Landowner" includes any person, firm or corporation who shall hold title to any lands lying within a district organized under the provisions of this act. A contract purchaser who is occupying the land shall be construed as a landowner.
8. "Qualified elector" means any natural person residing within the boundaries of the state of Idaho, owning land within the boundaries of the district, and qualified under the laws of this state to vote in an election by the people.
History:
[42-3703, added 1957, ch. 226, sec. 3, p. 508; am. 1973, ch. 93, sec. 1, p. 161; am. 2010, ch. 279, sec. 28, p. 751.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3704 - DEFINITION OF WATERSHED IMPROVEMENT DISTRICTS.

42-3704. DEFINITION OF WATERSHED IMPROVEMENT DISTRICTS. Watershed improvement districts may be established in this state pursuant to this act, and when so established shall be governmental subdivisions of this state and public bodies corporate and politic.
Such watershed improvement districts may be organized within one or more counties of this state and the boundaries of such district may transcend county boundaries. In no instance shall a district involve more than 250,000 acres of private lands.
History:
[42-3704, added 1957, ch. 226, sec. 4, p. 508; am. 1972, ch. 195, sec. 1, p. 483; am. 1989, ch. 295, sec. 1, p. 724.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3706 - ELECTION OF DISTRICT DIRECTORS.

42-3706. ELECTION OF DISTRICT DIRECTORS. After the date of issuance of the secretary of state of a certificate of organization of a watershed improvement district nominating petitions may be filed with the state soil and water conservation commission to nominate candidates for directors of such district. The state soil and water conservation commission shall give notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, for the election of two (2) directors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed in the manner provided in section 34-1404, Idaho Code, shall appear arranged in the alphabetical order of the surnames upon ballots with a square before each name, and direction to insert an X mark in the square before any two (2) names to designate the voter’s preference. All qualified electors who own land or reside within the proposed district shall be eligible to vote in said election. The two (2) candidates who shall receive the largest number respectively of the votes cast in such election shall be elected for such district. The state soil and water conservation commission shall pay all the expenses of such election, supervise the conduct thereof, and publish the results thereof in accordance with the provisions of chapter 14, title 34, Idaho Code. All elections in existing districts following the first election shall be conducted by the district directors of the district involved who shall give notice of such elections and who shall bear the cost thereof.
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 for director positions 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.
History:
[42-3706, added 1957, ch. 226, sec. 6, p. 508; am. 1995, ch. 118, sec. 73, p. 489; am. 2010, ch. 279, sec. 30, p. 753.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3707 - APPOINTMENT, QUALIFICATIONS AND TENURE OF DIRECTORS.

42-3707. APPOINTMENT, QUALIFICATIONS AND TENURE OF DIRECTORS. The governing body of the district shall consist of three (3) directors elected or appointed as provided hereinabove. The director appointed by the commission shall be an owner of land within the district and shall be a person who by training and experience is qualified to perform the specialized service which will be required in the performance of his duties hereunder. The term of office of each director shall be four (4) years, except that the director first appointed by the state soil and water conservation commission shall be designated to serve for a term of two (2) years from the date of his appointment. A director shall hold office until his successor has been elected or appointed, and has qualified. Vacancies shall be filled for an unexpired term by a majority of the directors duly qualified and acting at the time the vacancy shall arise. A majority of the directors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A director shall receive no compensation for his service, but shall be entitled to expenses, including traveling expenses necessarily incurred in the discharge of his duties.
The directors may employ a secretary, technical experts, and such other employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The directors may employ their own counsel and legal staff. The directors may delegate to their chairman, to one (1) or more directors, or to agents or employees such powers and duties as they may deem proper and necessary. The directors shall furnish to the state soil and water conservation commission, upon request, copies of such documents or other information concerning the directors’ activities as said commission may require in the performance of its duties under this chapter. The directors shall provide for the keeping of a record of all proceedings, resolutions, regulations and orders issued or adopted; shall provide for an annual audit of its accounts, and shall provide for the execution of surety bonds by any employee or officer who shall be entrusted with funds or property of the district.
History:
[42-3707. added 1957, ch. 226, sec. 7, p. 508; am. 2010, ch. 279, sec. 31, p. 753.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3709 - SUBMISSION OF PROPOSED PROJECT TO DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.

42-3709. SUBMISSION OF PROPOSED PROJECT TO DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES. Before any contract shall be let or work begun upon any improvement or project within the district the cost of which cannot be exclusively financed by funds on hand, grants in aid, or gifts to the district, or before any contract may be entered into by the district with any other government agency or body which will obligate the district to contribute financially beyond the extent of the funds of the district then on hand, it shall be the duty of the directors to file with the director of the department of water resources a statement of the proposed improvement or project describing in detail such improvement or project, its scope, geographical location, estimated cost, economic feasibility, the tracts of land considered benefited by such improvement or project, and the proposed method of financing the costs of such improvement or project. The statement shall be accompanied by a general print of the area within the district showing thereon the area which will be affected by such improvement or project, and the plans and specifications for the said improvement or project.
History:
[42-3709, added 1957, ch. 226, sec. 9, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3710 - HEARING ON PROPOSED PROJECTS.

42-3710. HEARING ON PROPOSED PROJECTS. Not sooner than sixty (60) days after the submission of the plans for any project to the director of the department of water resources as set forth in section 42-3709, [Idaho Code,] and before any contract shall be let or work begun upon any improvement or project within the district the cost of which cannot be exclusively financed by funds on hand, grants in aid, or gifts to the district, or before any contract may be entered into by the district with any governmental agency or body which will obligate the district to contribute financially beyond the extent of funds of the district then on hand, it shall be the duty of the directors to set a time and place within the district for a public hearing upon said proposal, and the directors shall cause a notice thereof to be published in a newspaper of general circulation within the district not less than three (3) times, at least ten (10) days before the date set for the hearing, and in addition thereto shall post a copy of said notice in at least one (1) public place within the district.
At the time and place fixed for such hearing any owner of land situated within the district, or any other interested person, may appear and be heard as to his objections to the said proposal.
Following the said public hearing the directors shall, by resolution, either affirm the proposal with or without modification or amendments, or disapprove the proposal stating therein their findings as to the economic feasibility of the proposed improvement or project, the probable cost of said improvement or project, the benefits to be derived therefrom, and whether or not the benefits accruing to lands within the district would exceed the cost of such improvement or project, whether the benefits will be conferred upon all lands within the district or upon only certain lands in the district, in which latter case the lands to be benefited shall be described as to boundaries, ownership, and approximate acreage, and the proposed method of financing such improvement or project.
History:
[42-3710, added 1957, ch. 226, sec. 10, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3711 - APPOINTMENT OF APPRAISERS AND APPRAISAL OF BENEFITED PROPERTY.

42-3711. APPOINTMENT OF APPRAISERS AND APPRAISAL OF BENEFITED PROPERTY. If the directors, by resolution, determine that the proposed improvement or project should be constructed and that the costs of said improvement or project should be paid by special assessment against the lands benefited by said improvement or project, the directors shall appoint three (3) disinterested residents of the state to act as appraisers. Said appraisers shall inspect the plans and specifications of the said improvement or project and examine all lands likely to be benefited by such project. The appraisers shall make and file with the directors a detailed report showing all tracts of land within the district found to be benefited, together with the acreage thereof, and the name of the record owner, the amount each tract will be benefited, and the amount of assessment to be levied against each such tract.
History:
[42-3711, added 1957, ch. 226, sec. 11, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3712 - HEARING ON REPORT OF APPRAISERS.

42-3712. HEARING ON REPORT OF APPRAISERS. Upon receiving the report of the appraisers the directors shall fix a time and place within the district for hearing any complaint that may be made regarding the benefits appraised to any tract of land or the assessment proposed to be levied against any tract of land. A notice of such hearing shall be given as provided in section 42-3710[, Idaho Code].
At the time and place fixed for such hearing the directors shall consider the report of the appraisers and consider and hear any objections filed or voiced thereto.
The directors, by resolution, shall then reject the report of the appraisers or accept the same and ratify it with or without modification or amendments.
History:
[42-3712, added 1957, ch. 226, sec. 12, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3713 - APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR ASSESSMENTS.

42-3713. APPEAL FROM APPROVAL OF PROJECT OR DETERMINATION OF BENEFITS OR ASSESSMENTS. Any owner of land or person having an interest therein upon which an assessment is proposed to be levied may, within ninety (90) days, take an appeal from the resolution of the directors accepting or ratifying the report of the appraisers, or from the resolution of the directors determining that the proposed improvement or project should be constructed by filing a petition with the district court of the county within which the property is located. Such petition shall set forth objections to the resolution of the directors determining that such project or improvement should be constructed, or to the resolution affirming the report of the appraisers. The said court may require the party to frame the issues, and shall set a time for a hearing. Upon demand of any petitioner the court shall impanel a jury to determine such issues of fact as may be framed. The report of the appraisers as confirmed by the directors shall be prima facie evidence of the facts therein determined, and the petitioner shall have the burden of proof as to such issues. After hearing the cause, either with or without a jury, the court shall make and enter findings, judgment and order confirming the resolution of the directors, with or without amendments or modifications, or may declare the same void in whole.
History:
[42-3713, added 1957, ch. 226, sec. 13, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3714 - ASSESSMENTS ENTERED AS TAX LIENS IN INSTALMENTS.

42-3714. ASSESSMENTS ENTERED AS TAX LIENS IN INSTALMENTS. Upon the entering of the resolution and no appeal therefrom being filed within the time allowed for such appeal the directors shall transmit to the county auditor a list of all tracts of land so benefited, together with the amount of the assessment upon each tract, and the name of the owner or owners of each said tract. The county auditor shall immediately enter the same upon the tax rolls of the county against the designated lands, together with the amounts of said assessments. Said assessments shall be subject to the same interest and penalties in case of delinquency as in the case of general taxes, and shall be collected in the same manner as in the case of general taxes, and the lands sold for the collection of said assessment shall be subject to the same right of redemption as lands sold for the collection of general taxes; provided, that the said assessments shall not become due and payable except at such time or times and in such amounts as may be designated by the directors, which designation shall be made to the county auditor by the directors by serving written notice upon the county auditor designating the time and the amount of the assessment, and the amount so designated shall be added by the auditor to the general taxes of the owner or owners of said lands and collected therewith, and providing further, that no one yearly call for assessment by said directors shall be in an amount to exceed ten per cent (10%) of the actual amount necessary to defray the costs of the construction of the said improvement or project. The assessments so levied shall constitute liens against the designated tracts of land.
History:
[42-3714, added 1957, ch. 226, sec. 14, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3715 - LANDS OF STATE AND ITS SUBDIVISION.

42-3715. LANDS OF STATE AND ITS SUBDIVISION. In case of lands belonging to the state, county, school district, or other public corporations are benefited by any improvement or project instituted under the provisions of this act, all benefits shall be assessed against said lands and the same shall be paid by the proper authorities at the same time as the assessments are called and paid in the case of private persons.
History:
[42-3715, added 1957, ch. 226, sec. 15, p. 508.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 37 - WATERSHED IMPROVEMENT DISTRICTS › Section 42-3716 - ADDITIONAL ASSESSMENTS FOR MAINTENANCE.

42-3716. ADDITIONAL ASSESSMENTS FOR MAINTENANCE. Additional assessments for the proper maintenance and/or operation of any improvement or project constructed within the district pursuant to this act may be levied against lands benefited by the improvement or project at the ratio or proportion established in the original assessment. Such aditional [additional] assessments shall be made subject to the same hearing, determinations, confirmance and right of appeal set forth in sections 42-3712, 42-3713 and 42-3714[, Idaho Code].
History:
[42-3716, added 1957, ch. 226, sec. 16, p. 508.]