reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2034 - REDEMPTION PURCHASE BY PROSPECTIVE SETTLER.

42-2034. REDEMPTION PURCHASE BY PROSPECTIVE SETTLER. Where the lienholder becomes the purchaser at such foreclosure sale, if such land and water rights are not redeemed by the original owner within nine (9) months, then at any time within three (3) months after the expiration of such nine (9) months, any person desiring to settle upon and use such land and water rights, may apply to the purchaser at such foreclosure sale to redeem such land and water rights, and such purchaser shall assign the certificate of sale of such land and water rights to the person desiring to redeem the same, upon the payment by him, within such three (3) months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon. In case the land and water rights shall be redeemed by any person other than the original owner, the sheriff shall, upon presentation of such certificate, issue a deed for such land and water rights to the person so redeeming the same.
History:
[(42-2034) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629j; C.S., sec. 3027; I.C.A., sec. 41-1734.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2035 - SHERIFF’S DEED TO PURCHASER ON FORECLOSURE.

42-2035. SHERIFF’S DEED TO PURCHASER ON FORECLOSURE. If the land and water rights shall not be redeemed by any person within the times and in the manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purchaser, to issue a deed to such purchaser.
History:
[(42-2035) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629k; C.S., sec. 3028; I.C.A., sec. 41-1735.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2036 - RIGHTS OF WAY FOR CANALS.

42-2036. RIGHTS OF WAY FOR CANALS. The maps in the office of the department of water resources of the lands selected under the provisions of this chapter shall show the location of the canals or other irrigation works approved in the contract with the department, and all lands filed upon shall be subject to the rights of way of such canals or irrigation works. Each right of way shall embrace the entire width of the canal and such additional width as may be required for its proper operation and maintenance, the width of right of way to be specified in the contracts provided for in this chapter.
History:
[(42-2036) 1895, p. 215, ch. 2, sec. 21; reen. 1899, p. 282, ch. 2, sec. 21; reen. R.C. & C.L., sec. 1630; C.S., sec. 3029; I.C.A., sec. 41-1736.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2037 - DEPARTMENT TO PRESCRIBE RULES — REPORTS OF CONTRACTORS — WAIVER OF RULES.

42-2037. DEPARTMENT TO PRESCRIBE RULES — REPORTS OF CONTRACTORS — WAIVER OF RULES. The department of water resources shall provide suitable rules for the filing of proposals for constructing irrigation works, and for the entry of and payment for the land by settlers, and for the forfeiting of entry by settlers upon failure to comply with the provisions of this chapter. There shall be kept in the office of the department, for public inspection, copies of all maps, plats, contracts for the construction of irrigation works, and of the entries of lands by settlers.
The department shall require from each person, company of persons, association or incorporated company engaged in the construction of irrigation works, under the provisions of this chapter, an annual report, to be submitted to the department on or before November first of each year. This report shall show the number of water rights sold, the number of users of water under said irrigation works, the legal subdivisions of land for which water is to be furnished, the names of the officers of the company, the acreage of land which the said irrigation works are prepared to supply with water, and such other data as the department sees fit to require.
The rules required by this section may be waived in the case of irrigation works being constructed by a person, colony or association of persons to furnish water for land settled upon and being reclaimed by themselves.
History:
[(42-2037) 1895, p. 215, ch. 2, sec. 22; reen. 1899, p. 282, ch. 2, sec. 22; reen. R.C. & C.L., sec. 1631; C.S., sec. 3030; I.C.A., sec. 41-1737.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2038 - FEES OF DEPARTMENT — DUTIES OF EMPLOYEES.

42-2038. FEES OF DEPARTMENT — DUTIES OF EMPLOYEES. The director shall prescribe the duties of all its employees and shall collect the following fees:
(1) For filing an application requesting temporary withdrawal–each project application shall be accompanied by the guaranteed deposit required by section 42-2004, Idaho Code, and by a one hundred dollar ($100) nonrefundable application fee.
(2) For filing an application for segregation of lands–each project application shall be accompanied by the guaranteed deposit required by section 42-2004, Idaho Code, unless the required guaranteed deposit has already been made with an application requesting temporary withdrawal, and by a nonrefundable application fee to be based upon an estimate by the director of the department’s cost of reviewing the project feasibility reports including any necessary on-site inspections of the project. However, in no case shall the application fee be less than five hundred dollars ($500) nor exceed ten dollars ($10.00) per acre of land requested to be segregated.
(3) For filing detailed project plans and specifications and entering a contract to construct the project works–the detailed plans and specifications and the proposed contract for construction of works for the project shall be accompanied by a nonrefundable fee to be based upon an estimate by the director of the department’s costs of reviewing the detailed plans and specifications and the proposed contract, and for inspection of project construction. However, in no case shall the fee be less than five hundred dollars ($500) nor exceed ten dollars ($10.00) per acre of land segregated for the project.
(4) For filing applications to enter project lands–each application to enter project lands shall be accompanied by the payment on the land required by section 42-2014, Idaho Code, and by a one hundred dollar ($100) nonrefundable application for entry fee.
(5) In administering the charges authorized in paragraphs (2) and (3) above, the director shall make every effort to group project studies and in every way take that action which will minimize the fees charged to the settlers. The money collected for fees shall be paid to the treasurer of the state and by him credited to the fund created by virtue of this chapter. No fee shall be required of any state agency proposing to construct a project under this act.
History:
[(42-2038) 1895, p. 215, ch. 2, sec. 23; reen. 1899, p. 282, ch. 2, sec. 23; reen. R.C. & C.L., sec. 1632; C.S., sec. 3031; I.C.A., sec. 41-1738; am. 1974, ch. 164, sec. 9, p. 1397; am. 1981, ch. 314, sec. 1, p. 659.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2039 - RESTORATION OF LANDS AUTHORIZED.

42-2039. RESTORATION OF LANDS AUTHORIZED. The legislature hereby recognizes and acknowledges the need to assure replacement of the grazing and wildlife land uses displaced by Carey Act developments. In order to facilitate such replacements, any settlers having contracts with the state for reclamation of lands segregated under the Carey Act shall include grazing and wildlife restoration work in total or in part to the maximum expenditure of five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration as a legitimate and necessary cost of the reclamation effort. The settlers are hereby authorized to subcontract with the bureau of land management, or any party designated by the bureau, for the purpose of accomplishing this restoration work. Payment by the Carey Act settlers for the restoration work shall be at the time the settler is granted patent to the lands developed. The director of the department of water resources is hereby authorized and directed to accept restoration expenditures as bona fide land development costs of the company up to an amount not to exceed five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration.
In the event that no suitable lands are available for restoration as grazing lands as provided herein, the director is authorized to so certify, and the payment in lieu of restoration shall be made directly to the person with previous grazing rights to the land under Carey Act development.
In those instances where a Carey Act project application is filed for land on which any livestock watering improvements, established trail rights, or recent successful reseedings of less than five (5) years usage are in place and functional at the time of the filing, then these watering improvements, trail rights or reseedings shall be replaced in kind notwithstanding costs in excess of the limitation of five dollars ($5.00) imposed herein. The director of the department of water resources shall be responsible for the negotiation and determination of the values in excess of five dollars ($5.00) per acre which are involved in qualifying water improvements, trail rights or recent reseedings and to whom the payments for excess values shall be made.
History:
[42-2039, as added by 1975, ch. 61, sec. 1, p. 127; am. 1976, ch. 109, sec. 2, p. 434.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2040 - SUITS BY DEPARTMENT.

42-2040. SUITS BY DEPARTMENT. All suits or actions under the provisions of this chapter, shall be brought by the director of the department of water resources.
History:
[(42-2040) 1895, p. 215, ch. 2, sec. 25; reen. 1899, p. 282, ch. 2, sec. 25; reen. R.C. & C.L., sec. 1634; C.S., sec. 3033; I.C.A., sec. 41-1740; am. 1974, ch. 164, sec. 11, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2041 - INDIAN HILLS PROJECT — LEGISLATIVE FINDING.

42-2041. INDIAN HILLS PROJECT — LEGISLATIVE FINDING. The legislature finds and declares that the development and settlement of arid lands under the Carey Act as provided in chapter 20, title 42, Idaho Code, and development of Carey Act projects by the Idaho water resource board are in the public interest.
History:
[42-2041, added 1976, ch. 306, sec. 1, p. 1049.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2043 - SOURCE OF LANDS.

42-2043. SOURCE OF LANDS. If the lands in the project area become available to the state of Idaho by direct grant from the United States, other than through provisions of the Carey Act, the Idaho water resource board is authorized to proceed, as set forth in this act, as though the project were under the provisions of the Carey Act.
History:
[42-2043, added 1976, ch. 306, sec. 3, p. 1050.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2044 - EXEMPTION FROM APPROPRIATION RESTRICTIONS.

42-2044. EXEMPTION FROM APPROPRIATION RESTRICTIONS. The development of the water project authorized in this act is hereby declared to be exempt from the provision expressed in the last sentence of Section 1 of Chapter 470, Idaho Laws of 1969.
History:
[42-2044, added 1976, ch. 306, sec. 4, p. 1050.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2201A - AUTHORIZATION FOR OTHER ASSESSMENT.

42-2201A. AUTHORIZATION FOR OTHER ASSESSMENT. The board of directors of a corporation which utilizes section 42-2201, Idaho Code, as the basis of their water stock assessments, after direction by a resolution of a majority of the stockholders at the annual meeting, may:
(1) Make no assessment, or a lesser assessment against:
(a) Shares of corporate stock representing water appurtenant to acres contracted in a federal cropland set-aside program;
(b) Shares of stock appurtenant to parcels of five (5) acres or less where the stockholder maintains his principal residence and where water cannot be delivered through no fault of the irrigation entity or the stockholder; or
(c) Accept an assignment of up to five (5) shares of the corporation’s stock appurtenant to parcels of five (5) acres or less where the stockholder maintains his principal residence and where water cannot be delivered through no fault of the irrigation entity or the stockholder, provided the stockholder will assign ownership of the shares to the corporation together with a title insurance policy or an executed indemnification protecting the corporation from outstanding liens.
(2) To assess and collect for extra water diverted over and above the amount originally estimated and paid for pursuant to the corporation’s assessment pursuant to section 42-2201, Idaho Code, which extra water was diverted during the irrigation season, by mailing a supplemental assessment at the end of the irrigation season to collect for extra water diverted which was in excess of preseason estimates, to refund as necessary or credit against future assessments if the final charge is less than the amount previously paid. The board of directors collects or pays interest on overages and underages as appropriate from the due date of the supplemental assessment. Interest on said overages and underages shall not exceed twelve percent (12%) per annum.
History:
[42-2201A, added 1993, ch. 108, sec. 2, p. 277.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2203 - FILING OF CLAIM OF LIEN.

42-2203. FILING OF CLAIM OF LIEN. On or after the first day of November and prior to the first day of January thereafter, the company, corporation or association, claiming the benefit of the lien herein provided, as against any parcel of land upon which the tolls, assessments and charges shall not have been paid, shall file for record with the county recorder for the county in which such land is situated, a statement containing the name of such company, corporation or association, the general or common name of the canal systems or irrigation works, or a general description of the same sufficient for identification, a statement of the lien claimant’s demand, after deducting all just credits and offsets, a description of the particular tracts or parcels of land to be charged with the lien sufficient for identification, with the name of the owner, or reputed owner, if known, of each particular tract or parcel, which claim must be verified by the oath of the claimant or its attorney or agent, to the effect that affiant believes the same to be just: provided, that the claim or claims for liens against all land upon which the same is claimed for one year, may be made in one or more instruments, regardless of the number of owners, reputed owners or proprietors.
History:
[(42-2203) 1913, ch. 120, sec. 3, p. 465; reen. C.L. 129:4; C.S., sec. 3042; I.C.A., sec. 41-1903.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2205 - LIMITATION OF LIEN.

42-2205. LIMITATION OF LIEN. No lien provided for in this chapter binds any land for a longer period than three (3) years after the filing of the statement mentioned in section 42-2203, Idaho Code, unless proceedings be commenced in a proper court within that time to enforce such lien.
History:
[(42-2205) 1913, ch. 120, sec. 5, p. 466; reen. C.L. 129:6; C.S., sec. 3044; I.C.A., sec. 41-1905; am. 2013, ch. 60, sec. 1, p. 136.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2206 - FORECLOSURE PROCEEDINGS RELATE ONLY TO WATER OR WATER RIGHTS.

42-2206. FORECLOSURE PROCEEDINGS RELATE ONLY TO WATER OR WATER RIGHTS. In the event that the owner or holder or occupant of the premises upon which water has been purchased or contracted for, has not, at the time of the filing of the claim of lien provided for in section 42-2203, received title to the premises so occupied or held by him, and liens are filed as provided for in this chapter, the proceedings for foreclosure herein provided for shall relate only to the said water or water rights and the said water or water rights shall be sold in like manner as if title to the premises had been acquired by the holder or occupant of said land, or the owner or holder of the said water right or water appurtenant to said land.
History:
[(42-2206) 1919, ch. 115, sec. 2, p. 402; C.S., sec. 3045; I.C.A., sec. 41-1906.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2207 - FORECLOSURE OF LIEN.

42-2207. FORECLOSURE OF LIEN. Proceedings in the way of civil action in the district courts may be commenced and maintained to enforce the lien herein provided, which proceedings may embrace one or more parcels of land, or one or more landowners, or reputed landowners; and except as otherwise provided herein, the provisions of the Idaho laws relating to civil actions, new trials and appeals, are applicable to and constitute the rules of practice in proceedings under this chapter; and except as otherwise provided, the nature and effect of a judgment of foreclosure shall be the same as the foreclosure of a first real estate mortgage: provided, that the sale of such land under foreclosure shall pass to the purchaser, all ditch and water rights appurtenant thereto, and the interests, including corporate stock, of the owner or holder of such land in such corporation, company or association.
History:
[(42-2207) 1913, ch. 120, sec. 6, p. 466; reen. C.L. 129:7; C.S., sec. 3046; I.C.A., sec. 41-1907.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2208 - INTEREST ON DELINQUENT ASSESSMENTS.

42-2208. INTEREST ON DELINQUENT ASSESSMENTS. All charges levied under the provisions of this chapter shall draw interest at twelve per cent (12%) per annum from the time when due and payable, to the entry of judgment of foreclosure, and the right of lien shall extend to such interest and the costs of foreclosure.
History:
[(42-2208) 1913, ch. 120, sec. 7, p. 466; reen. C.L. 129:8; C.S., sec. 3047; I.C.A., sec. 41-1908; am. 1933, ch. 101, sec. 1, p. 162; am. 1974, ch. 28, sec. 1, p. 979; am. 1982, ch. 89, sec. 1, p. 164.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2209 - RELEASE OF LIEN.

42-2209. RELEASE OF LIEN. It shall be the duty of the company, corporation or association of persons filing a lien statement as provided in section 42-2203, to cause a release of the same upon the records of the county where filed, in the same manner and with like penalties for failure as is or may be provided by law in case of real estate mortgages.
History:
[(42-2209) 1913, ch. 120, sec. 10, p. 467; reen. C.L. 129:9; C.S., sec. 3048; I.C.A., sec. 41-1909.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2210 - INTERPRETATION.

42-2210. INTERPRETATION. This chapter shall not be held to affect the rights of any person, corporation, company or association of persons to charge or collect tolls, charges or assessments to which it may be otherwise entitled; nor the right of a corporation to make assessments upon its stock according to law; nor the obligation of a stockholder or member of any corporation or association otherwise created; nor any other lien or right of lien given by the laws of this state, or otherwise.
History:
[(42-2210) 1913, ch. 120, sec. 9, p. 466; reen. C.L. 129:10; C.S., sec. 3049; I.C.A., sec. 41-1910.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2211 - SECURING SUPPLEMENTAL WATER — ANNUAL LEVIES — DELIVERY OF WATER UPON PAYMENT.

42-2211. SECURING SUPPLEMENTAL WATER — ANNUAL LEVIES — DELIVERY OF WATER UPON PAYMENT. Any corporation of the character described in this chapter, in order to secure additional water for the irrigation of the lands of its stockholders to supplement their natural flow rights, by the construction of dams or other works and the storing or impounding of winter flow, or flood, or other waters, may contract with the United States bureau of reclamation, public works administration, reconstruction finance corporation, resettlement administration or any other federal agency or instrumentality, or with any person, agency or corporation, for the construction of necessary works, or the loan of moneys for such construction, and may provide in such contract that said corporation will annually levy an assessment against its stockholders sufficient in amount to pay all obligations created by such contract, as the same mature, and will collect the same as tolls, and may provide that no part of such supplementary water shall be delivered to any stockholder until his annual toll and assessment levied with respect to such supplemental water has been paid. Any corporation so contracting shall not deliver such supplemental water to any stockholder or user except upon payment in full of such annual toll and assessment; provided, however, that no such contract may be entered into by any corporation unless and until its board of directors shall have been authorized so to do by resolution of its stockholders adopted at a regular or special meeting thereof. Nothing herein contained shall be construed to in any way affect or impair any rights such corporation now has under the law to levy and collect assessments for corporate purposes.
History:
[42-2211, added 1937, ch. 234, sec. 1, p. 420.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2212 - CONDEMNATION FUNDS FOR FUTURE EXPENSES — PERMANENT TRUST FUND — INVESTMENT.

42-2212. CONDEMNATION FUNDS FOR FUTURE EXPENSES — PERMANENT TRUST FUND — INVESTMENT. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall receive through condemnation proceedings, or by contract made under threat of such proceedings, any funded amount to meet increased maintenance and operation expenses in future years as opposed to funds received as compensation for expenses incurred or to be incurred for the reconstruction or relocation of irrigation works, such funded amount shall constitute a permanent trust fund in the treasury of such company, and as such it shall be kept separate and apart from other funds of the company and such funded amount shall be invested by the board of directors of such company under the standards specified in the Prudent Man Investment Act as set forth in chapter 5, title 68, Idaho Code.
History:
[42-2212, added 1965, ch. 186, sec. 1, p. 393.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 22 - OPERATING COMPANIES — LIEN FOR MAINTENANCE CHARGES › Section 42-2213 - ACCUMULATED SURPLUS FUNDS — INVESTMENT.

42-2213. ACCUMULATED SURPLUS FUNDS — INVESTMENT. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall have accumulated, out of assessment funds or otherwise, reasonable reserves for emergency, contingent or non-recurring expenses and charges, the funds held in such reserves may be invested by the board of directors of such company under the standards specified in the Prudent Man Investment Act as set forth in chapter 5, title 68, Idaho Code.
History:
[42-2213, added 1965, ch. 186, sec. 2, p. 393.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 23 - NOXIOUS WEEDS ON LANDS WITHIN IRRIGATION PROJECTS › Section 42-2301 - ERADICATION OF WEEDS BY COMPANIES.

42-2301. ERADICATION OF WEEDS BY COMPANIES. Any company, association of persons, or corporation, engaged in the operation, control or management of any irrigation project or canal system for the purpose of furnishing water to its shareholders, not for profit or hire, shall have the right, when its articles of incorporation shall so provide, to include as a part of the service of maintenance and operation of the project or canal system the treatment and eradication of noxious weeds growing on the lands within the boundaries of said project or system, and adjacent thereto.
History:
[42-2301, added 1945, ch. 30, sec. 1, p. 37.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 23 - NOXIOUS WEEDS ON LANDS WITHIN IRRIGATION PROJECTS › Section 42-2302 - FUNDS FOR CHARGES AND EXPENSES.

42-2302. FUNDS FOR CHARGES AND EXPENSES. To provide funds to meet necessary charges and expenses for the treatment and eradication of noxious weeds as provided in section 42-2301, [Idaho Code,] the board of directors of such company, association of persons, or corporation, may utilize monies available under the provisions of section 42-2201, [Idaho Code,] and may also levy and collect, pursuant to title 42, chapter 22, [Idaho Code,] money for necessary charges and expenses against any given piece of land according to the benefits which shall accrue to the same, to be determined by the board of directors of such company, association of persons, or corporation.
History:
[42-2302, added 1945, ch. 30, sec. 2, p. 37.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 23 - NOXIOUS WEEDS ON LANDS WITHIN IRRIGATION PROJECTS › Section 42-2303 - COOPERATION WITH ESTABLISHED WEED PROGRAM.

42-2303. COOPERATION WITH ESTABLISHED WEED PROGRAM. The work to be carried on under the provisions of this act shall be in cooperation with the weed program of the constituted authorities of the state, pursuant to chapter 235 of the 1939 Session Laws, and Acts amendatory thereof, but shall not interfere with or usurp any of the powers which are now granted by the provisions of said act, or acts amendatory thereof.
History:
[42-2303, added 1945, ch. 30, sec. 3, p. 37.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 23 - NOXIOUS WEEDS ON LANDS WITHIN IRRIGATION PROJECTS › Section 42-2304 - PROVISIONS OF ACT PERMISSIVE.

42-2304. PROVISIONS OF ACT PERMISSIVE. The provisions of this act shall not be construed as mandatory, but permissive only as to any company, association of persons, or corporation, referred to in section 42-2301.
History:
[42-2304, added 1945, ch. 30, sec. 4, p. 37.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 24 - CONFORMATION OF OPERATING COMPANIES TO DISTRICT SYSTEM › Section 42-2402 - PURPOSES OF ORGANIZATION DETERMINED FROM CHARTER.

42-2402. PURPOSES OF ORGANIZATION DETERMINED FROM CHARTER. The purposes for which said corporation has been organized shall be determined from the articles of incorporation of any such corporation.
History:
[(42-2402) 1923, ch. 133, sec. 2, p. 194; I.C.A., sec. 41-2002.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 24 - CONFORMATION OF OPERATING COMPANIES TO DISTRICT SYSTEM › Section 42-2403 - VALIDATION OF PROCEEDINGS UNDER 1921 ACT.

42-2403. VALIDATION OF PROCEEDINGS UNDER 1921 ACT. Any and all elections and any and all things done and performed by any such corporation organized under the laws of this state, not otherwise invalid, had, done or performed in pursuance of, or in reliance upon, chapter 65 of the General Laws of the state of Idaho, passed at the sixteenth session of the state legislature of 1921, approved March 12, 1921, are hereby validated.
History:
[(42-2403) 1923, ch. 133, sec. 3, p. 194; I.C.A., sec. 41-2003.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 24 - CONFORMATION OF OPERATING COMPANIES TO DISTRICT SYSTEM › Section 42-2404 - POWERS VESTED IN STOCKHOLDERS.

42-2404. POWERS VESTED IN STOCKHOLDERS. The rights, powers and privileges herein created and granted shall vest in and be held and exercised by the stockholders except in so far as they may be expressly delegated to the directors by the articles of incorporation or by-laws of the corporation.
History:
[(42-2404) 1917, ch. 46, sec. 2, p. 106; reen. C.L. 129:12; C.S., sec. 3051; I.C.A., sec. 41-2004.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2501 - RIGHT TO TRANSFER RECOGNIZED.

42-2501. RIGHT TO TRANSFER RECOGNIZED. The owner of any lands to which a water right has been made appurtenant pursuant to the provisions or operation of the act of congress of the United States known as the Carey Act may transfer such water right, in whole or in part, to other land owned by him which can be served and irrigated by the same Carey act irrigation system and may, by sale, or by lease for a period not exceeding one year, transfer such water right or any portion thereof to another for use upon or in connection with any such other lands, in the manner and on the condition set forth in this chapter.
History:
[(42-2501) 1917, ch. 159, sec. 1, p. 484; reen. C.L. 130:1; am. 1919, ch. 171, sec. 1, p. 544; C.S., sec. 3052; am. 1925, ch. 94, sec. 1, p. 134; I.C.A., sec. 41-2101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2502 - INSTRUMENT OF CONVEYANCE — EXECUTION — RECORDATION.

42-2502. INSTRUMENT OF CONVEYANCE — EXECUTION — RECORDATION. The transfer of a water right, in whole or in part, made by such person to other lands so owned by him shall be evidenced by a written instrument executed and acknowledged by such person as other conveyances of real estate, reciting therein the facts, stating the amount of the right transferred and describing the land from which and the land to which the transfer is to be made, and the transfer of a water right or any portion thereof from one person to another shall be evidenced by a written instrument containing similar recitals and executed and acknowledged in like manner by the grantor or lessor.
All of such instruments shall be recorded in the office of the county recorder of the county or counties where the land is situated from which such right is transferred and also in the office of the county recorder of the county or counties where the land is situated to which such right is transferred, and to all of such instruments the recording acts of the state shall apply.
History:
[(42-2502) 1917, ch. 159, sec. 2, p. 484; reen. C.L. 130:2; C.S., sec. 3053; I.C.A., sec. 41-2102.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2503 - CONSENT OF CAREY ACT OPERATING COMPANY TO TRANSFER.

42-2503. CONSENT OF CAREY ACT OPERATING COMPANY TO TRANSFER. Before the transfer of a water right shall take effect under this chapter a person interested therein must apply to the board of directors of the corporation operating such Carey Act irrigation system for consent to the making of such transfer, and if such consent is given a resolution showing the same and the extent or portion of the right to be transferred shall be adopted by said board and a copy thereof, with proper reference to the date of its passage, shall be incorporated in the instrument evidencing such transfer, and upon the recording of such instrument, as provided in section 42-2502, [Idaho Code,] such transfer shall be complete.
History:
[(42-2503) 1917, ch. 159, sec. 4, p. 484; compiled and reen. C.L. 130:4; C.S., sec. 3054; I.C.A., sec. 41-2103.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2507 - TRANSFER OF STOCK CERTIFICATES EVIDENCING WATER RIGHT.

42-2507. TRANSFER OF STOCK CERTIFICATES EVIDENCING WATER RIGHT. When a transfer of a water right or of a portion thereof is made effectual under this chapter otherwise than by lease the certificate or certificates evidencing the ownership thereof shall be surrendered to the corporation, and the officers of the corporation shall issue new certificates to the person or persons entitled thereto, specifying the land or lands to which the water right is appurtenant after such transfer and the amount of such right which is appurtenant to any of said lands.
History:
[(42-2507) 1917, ch. 159, sec. 8, p. 484; reen. C.L. 130:8; C.S., sec. 3058; I.C.A., sec. 41-2107.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2508 - EFFECT OF LEASE UPON APPURTENANCY.

42-2508. EFFECT OF LEASE UPON APPURTENANCY. A lease of a water right or of a portion thereof shall not change the appurtenancy of such right, but the same shall remain an appurtenant of the land of the lessor, subject only to the rights of the lessee to make use of the same.
History:
[(42-2508) 1917, ch. 159, sec. 9, p. 484; reen. C.L. 130:9; C.S., sec. 3059; I.C.A., sec. 41-2108.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS › Section 42-2509 - RIGHTS OF LIENHOLDERS PROTECTED.

42-2509. RIGHTS OF LIENHOLDERS PROTECTED. No water right or any portion thereof shall be transferred from one tract of land to another under the provisions of this chapter where there is a valid existing mortgage or other lien or encumbrance on the land to which such water right is appurtenant without the consent of the holder of such mortgage or other lien or encumbrance, which consent shall be evidenced by an instrument in writing executed and acknowledged as other instruments relating to the conveyance of real estate.
History:
[(42-2509) 1917, ch. 159, sec. 10, p. 484; reen. C.L. 130:10; C.S., sec. 3060; I.C.A., sec. 41-2109.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2701 - SALES UNDER GOVERNMENT IRRIGATION WORKS.

42-2701. SALES UNDER GOVERNMENT IRRIGATION WORKS. Whenever the United States shall, through its proper officers, authorize the construction of any irrigation works in this state under the provisions of the Reclamation Act of June 17, 1902, no lands belonging to the state whose irrigation depends upon the construction of such works shall, after such authorization for construction shall have been publicly announced or communicated by such proper officer to the governor of the state, be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state, until the applicant therefor shall have fully complied with the provisions of the laws of the United States, and the regulations thereunder, concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued.
History:
[(42-2701) 1905, p. 373, sec. 2; reen. R.C., sec. 1583; reen. C.L. 131:1; C.S., sec. 3069; I.C.A., sec. 41-2301.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2702 - SALES UNDER GOVERNMENT IRRIGATION WORKS — LIMITATION OF TIME TO APPLY FOR WATER.

42-2702. SALES UNDER GOVERNMENT IRRIGATION WORKS — LIMITATION OF TIME TO APPLY FOR WATER. In all contracts for the sale of lands, hereafter made, the irrigation of which depends upon the construction of irrigation works under the provisions of the Reclamation Act of June 17, 1902, it shall be provided that the purchaser shall apply for a water right from the government works, and subscribe such lands in the water users’ association of the project in which they are located, within one (1) year after said contract of purchase is made, or in case there should be no association, at the time of the sale of the state lands, to which such subscription can be made, it shall be provided in said contract, that such application and subscription shall be made within one (1) year after such association is formed, and upon failure of the purchaser or purchasers to comply with the provisions of this section, the lands so purchased shall revert to the state together with the payment or payments made thereon, as fully and completely as if no sale had ever been made.
History:
[(42-2702) R.C., sec. 1583a, as added by 1909, p. 70; reen. C.L. 131:2; C.S., sec. 3070; I.C.A., sec. 41-2302.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2703 - CONTRACTS WITH FEDERAL GOVERNMENT FOR IRRIGATION OF STATE LANDS.

42-2703. CONTRACTS WITH FEDERAL GOVERNMENT FOR IRRIGATION OF STATE LANDS. The state land board is hereby authorized and directed on behalf of the state to make and enter into suitable contracts with the secretary of the interior to provide for the irrigation of state lands within or adjacent to the national irrigation projects constructed or to be constructed in this state under the provisions of the act of congress of June 17, 1902, known as the reclamation act, and to provide for increasing the capacity of the irrigation works of such projects and extending them and perfecting them to provide for the irrigation of such state lands.
History:
[(42-2703) 1909, p. 331, sec. 1; reen. C.L. 131:3; C.S., sec. 3071; I.C.A., sec. 41-2303.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2704 - CONTINUING APPROPRIATION OF CAREY ACT TRUST FUND.

42-2704. CONTINUING APPROPRIATION OF CAREY ACT TRUST FUND. The funds accumulated and to be accumulated under the provisions of section 42-2018[, Idaho Code,] are hereby appropriated for the purpose of carrying out the provisions of such contracts between the state land board and the secretary of the interior and for making the payments provided for therein: provided, that no obligations shall be incurred under this chapter in excess of the amount available in said fund.
History:
[(42-2704) 1909, p. 331, secs. 2, 3; reen. C.L. 131:4; C.S., sec. 3072; I.C.A., sec. 41-2304.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2705 - FUNDS EXPENDED UNDER DIRECTION OF SECRETARY OF THE INTERIOR.

42-2705. FUNDS EXPENDED UNDER DIRECTION OF SECRETARY OF THE INTERIOR. It may be provided in such contracts that the fund appropriated herein may be used under the direction of secretary of interior to supplement such funds as may be available for this purpose from the national reclamation fund under the act of congress of June 17, 1902, for the irrigation of said state lands.
History:
[(42-2705) 1909, p. 331, sec. 4; reen. C.L. 131:5; C.S., sec. 3073; I.C.A., sec. 41-2305.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2706 - REIMBURSEMENT OF CAREY ACT TRUST FUND.

42-2706. REIMBURSEMENT OF CAREY ACT TRUST FUND. Provision shall be made for the collection of all sums expended by the state under this chapter and their return to the state is not to exceed ten (10) annual installments, said installments to be collected and returned to the state at the same times and in similar manner as may be provided for the collection of the installments due to the national government. Such installments when returned to the state shall constitute a trust fund in the hands of the state treasurer to be used only for the reclamation of other arid lands.
History:
[(42-2706) 1909, p. 331, secs. 5, 6; reen. C.L. 131:6; C.S., sec. 3074; I.C.A., sec. 41-2306.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2707 - CONVEYANCE OF PROPERTY TO UNITED STATES AUTHORIZED.

42-2707. CONVEYANCE OF PROPERTY TO UNITED STATES AUTHORIZED. Whenever the board of county commissioners of any county shall adjudge that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to convey real property belonging to the county, however acquired, whether by tax foreclosure or in any other manner, not necessary for the use of the county, to the United States of America for use in connection with federal projects within the scope of the federal Reclamation Act of June 17, 1902, and federal acts amendatory thereof and supplemental thereto, for the reclamation and irrigation of arid lands, such board of county commissioners, by majority vote, are hereby authorized to convey such property to the United States of America for use in connection with such federal projects as aforesaid for the reclamation and irrigation of arid lands.
History:
[42-2707, added 1943, ch. 108, sec. 1, p. 210; am. 1945, ch. 28, sec. 1, p. 35.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2708 - PROCEDURE FOR MAKING CONVEYANCE.

42-2708. PROCEDURE FOR MAKING CONVEYANCE. Before making any such conveyance, the board of county commissioners shall enter a resolution declaring the intention of such board to make a conveyance of real property under authority of this act, and shall cause notice thereof to be published for at least two (2) weekly issues of the official newspaper of said county before final action shall be taken, specifying the time and place where objections to such action may be filed and the time when such objections will be considered. Provided; that if no newspaper is published in said county, such notice may be given by posting such notice in three public places in the county, one (1) of which shall be at the county court house, in the place provided for posting similar notices, for a period of at least ten (10) days immediately preceding the time fixed for hearing objections.
History:
[42-2708, added 1943, ch. 108, sec. 2, p. 210.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 27 - STATE COOPERATION WITH UNITED STATES RECLAMATION SERVICE › Section 42-2709 - DETERMINATION OF CONSIDERATION.

42-2709. DETERMINATION OF CONSIDERATION. If no objections are filed or objections are overruled, the board may then convey the real property proposed in said resolution to be conveyed, as herein authorized; such conveyance may be for such consideration as may be determined by said board.
History:
[42-2709, added 1943, ch. 108, sec. 3, p. 210.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS › Section 42-2801 - BOARD OF COUNTY COMMISSIONERS — AUTHORITY IN IRRIGATION AND DRAINAGE PROCEEDINGS.

42-2801. BOARD OF COUNTY COMMISSIONERS — AUTHORITY IN IRRIGATION AND DRAINAGE PROCEEDINGS. The boards of county commissioners of the several counties of the state of Idaho are hereby authorized and empowered to make all necessary orders for and cause to be constructed and maintained public drainage or irrigation systems, reservoirs, drains and ditches and other irrigation or drainage works for the irrigation or drainage of lands lying in said counties, and for such purposes, to enter into contracts for the construction or use of reservoirs and other irrigation or drainage works, constructed or to be constructed by the United States under the provisions of the federal reclamation laws, or for such works built or to be built by other parties or agencies and to take all steps and do all acts necessary or proper to secure an ample water supply for the lands in the county requiring irrigation and adequate drainage works for the lands requiring drainage, and to promote the beneficial use of the public waters of the state and the health and general welfare of the county by means of such works: provided, that nothing herein contained shall be construed to give such board of county commissioners authority over irrigation works except those acquired or constructed by the several counties under the provisions of this chapter: provided, also, that no county bonds shall be issued or sold for such purposes until such indebtedness has been authorized by two-thirds (2/3) of the electors of the county (having the qualifications provided in section 42-2803, Idaho Code,) voting at an election to be held, subject to the provisions of section 34-106, Idaho Code, for such purpose.
History:
[(42-2801) 1921, ch. 222, sec. 1, p. 492; I.C.A., sec. 41-2401; am. 1995, ch. 118, sec. 59, p. 474.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 28 - COUNTY IRRIGATION, DRAINAGE, AND RECLAMATION PROJECTS › Section 42-2802 - ENLARGEMENT OF EXISTING WORKS — PURCHASE AND COMPLETION OF INCOMPLETE WORKS — PURCHASE AND COMPLETION OF PAYMENTS ON PARTIALLY PAID STORAGE RIGHTS.

42-2802. ENLARGEMENT OF EXISTING WORKS — PURCHASE AND COMPLETION OF INCOMPLETE WORKS — PURCHASE AND COMPLETION OF PAYMENTS ON PARTIALLY PAID STORAGE RIGHTS. The board of county commissioners may enlarge, improve or extend existing reservoirs, canals and other irrigation and drainage works to provide for the irrigation or drainage of additional lands in such county, or to improve the water supply or drainage for such lands, and may contract with the owners of existing irrigation or drainage works to provide for such enlargement, improvement or extensions, and may purchase and complete incomplete irrigation or drainage works and may purchase assignments of partially paid reservoir or storage rights and the assignment of such contracts, and may complete payment thereon and acquire such storage and reservoir rights for the reclamation or more complete irrigation of lands in such county, and in so doing shall proceed in similar manner as in the case of entirely new works but subject to the same condition as to approval of the bond issue by the electors of the county.
History:
[(42-2802) 1921, ch. 222, sec. 2, p. 492; I.C.A., sec. 41-2402.]