reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-328 - PETITION TO CONSTRUCT IMPROVEMENTS FOR IRRIGATION — ASSENT OF PETITIONERS TO ASSESSMENT OF COST OF IMPROVEMENT.

43-328. PETITION TO CONSTRUCT IMPROVEMENTS FOR IRRIGATION — ASSENT OF PETITIONERS TO ASSESSMENT OF COST OF IMPROVEMENT. The holders of title, or evidence of title, representing a majority of the acreage of any body of land within any irrigation district, may file with the board of directors of the district a petition in writing, praying for the construction of any improvement necessary or expedient for the efficient irrigation of the lands, including facilities for the recharge of ground water basins. The petition shall in a general way describe the proposed improvement and shall describe the tracts, or body of land, owned by the petitioners, and shall contain a description of the exterior boundaries of the land for which the proposed improvement is to be constructed, and describing therein any lands that are to be excepted from the benefit or use of the proposed improvement. The petition shall also contain an agreement on the part of the petitioners that the cost of construction of the improvement shall constitute a lien upon the lands within the exterior boundaries of the land described in the petition, except the lands that are therein excepted from the benefit or use of the proposed improvement, and that the lands shall be assessed for and pay the cost of the improvement. The petition shall be deemed to give assent of the petitioners to construction of the improvement and shall authorize the assessment of the cost of such improvement upon and against the lands described in the petition and not specifically therein excepted. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged.
History:
[43-328, as added by 1973, ch. 64, sec. 1, p. 105; am. 1985, ch. 120, sec. 3, p. 294.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-329 - ELECTIONS TO DETERMINE QUESTION AS TO CONSTRUCTION OF IMPROVEMENT — RESOLUTION OF DIRECTORS.

43-329. ELECTIONS TO DETERMINE QUESTION AS TO CONSTRUCTION OF IMPROVEMENT — RESOLUTION OF DIRECTORS. (1) The board of directors, if they deem it for the best interest of the district that the proposed improvement be constructed, may by resolution call an election to be held within the boundaries of the land described in the petition for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. The board shall in the resolution fix the time and place of holding the election, and specify the polling place, and shall also appoint three (3) judges who shall constitute a board of election. The resolution shall also contain the ballot title to be used at the election, which title shall contain such information as in the judgment of the board will advise the owners of the land to be charged with the cost of the proposed improvement as to the general nature of the improvement and the estimated cost.
(2) The board at the time of calling the election within the land described in the petition shall also by resolution call an election to be held within the district at large for the purpose of submitting the question as to whether or not the proposed improvement shall be constructed. This resolution shall contain provisions identical with those provided for in subsection (1) of this section. The election in the district at large shall be held on the same day that the election within the territory described in the petition is held. The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state applicable to irrigation districts.
History:
[43-329, as added by 1973, ch. 64, sec. 2, p. 105.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330 - MAJORITY OF VOTES AS DETERMINATIVE — CONSTRUCTION OF IMPROVEMENT — COST — APPORTIONMENT — ASSESSMENT.

43-330. MAJORITY OF VOTES AS DETERMINATIVE — CONSTRUCTION OF IMPROVEMENT — COST — APPORTIONMENT — ASSESSMENT. If a majority of the votes cast by the electors within the boundaries of the land described in the petition are "Improvement–Yes," and if a majority of the votes cast by the electors in the district at large are "Improvement–Yes," then, but not otherwise, the board shall construct the improvement. The cost of construction shall be apportioned by the board to the lands within the boundaries described in the petition, so that each acre of irrigable land therein shall be assessed and required to pay the same amount. In all other respects the assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments and taxes levied upon lands within the district.
History:
[43-330, as added by 1973, ch. 64, sec. 3, p. 105.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330A - CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS.

43-330A. CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS. When a parcel of land lying within an irrigation district has been subdivided and the owner or owners of the entire parcel propose to develop that parcel or any of the tracts therein for residential, commercial, industrial or municipal use, the board of directors of the district may enter into a contract with the owner or owners of the entire parcel, or of any tract therein, for the construction of a pressurized system for the proper distribution of irrigation water to the parcel or to the designated tracts within the parcel.
History:
[43-330A, added 1993, ch. 261, sec. 1, p. 892; am. 1998, ch. 195, sec. 1, p. 706.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330B - CONTRACT PROVISIONS.

43-330B. CONTRACT PROVISIONS. Any contract entered into under the authority of section 43-330A, Idaho Code, shall include the following provisions:
(1) An apportionment of the cost of the construction of the distribution system against the parcel or against the tract or tracts which are included in the contract;
(2) The cost of construction of the distribution system shall constitute a lien against the parcel, tract or tracts included in the contract, to secure payment of any portion of the cost of construction that is not paid upon completion of construction by the owner or owners, or by a third party on their behalf, and securing payment of interest on any deferred installments of the construction costs;
(3) A schedule of annual installment payments, with accrued interest, for the portion, if any, of the construction costs that are not paid upon completion of construction;
(4) The annual installment payment against the parcel or against the tract or tracts included in the contract shall be included in the annual assessments levied by the district against the parcel, tract or tracts and any such assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in the district;
(5) The deferred annual installment payments of principal and accrued interest may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall not be less that [than] one-half (1/2) the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized in this subsection shall not be applicable where the construction costs have been financed through a local improvement district;
(6) If the district has constructed or proposes to construct a pumping station and pipeline to serve the parcel, tract or tracts included in the contract and other lands, the cost of the pumping station and pipeline shall be apportioned by the board to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station shall be assessed and required to pay the same amount;
(7) A grant of an easement to the district for the installation, operation, maintenance, repair and replacement of the portion of the distribution system located on the parcel, tract or tracts included in the contract. The easement shall be of sufficient width to allow construction, installation, operation, maintenance, repair and replacement by the use of ordinary mechanized equipment designed to perform those functions.
History:
[43-330B, added 1993, ch. 261, sec. 1, p. 892.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330C - COMPLIANCE.

43-330C. COMPLIANCE. If the contract provides for construction of any portion of the distribution system by the owner or owners, chapter 9, title 43, Idaho Code, shall not be applicable to that portion of the construction. If any portion of the distribution system is to be constructed by the district, the district shall comply with the provisions of chapter 9, title 43, Idaho Code, insofar as applicable to the construction to be performed by the district or by a contractor under a separate contract with the district, unless the owner or owners furnish a written waiver of such compliance.
History:
[43-330C, added 1993, ch. 261, sec. 1, p. 893.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330D - CONTRACT TO BE RECORDED.

43-330D. CONTRACT TO BE RECORDED. Any contract entered into by an irrigation district under the authority of section 43-330A, Idaho Code, shall be recorded in the office of the county recorder of each county in which any portion of the land covered by the contract is located, and the owner or owners named in the contract shall remain personally liable, jointly and severally, for the cost of construction until the contract has been properly recorded.
History:
[43-330D, added 1993, ch. 261, sec. 1, p. 893.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330E - DISTRICT TO OWN DISTRIBUTION SYSTEM.

43-330E. DISTRICT TO OWN DISTRIBUTION SYSTEM. Any pressurized distribution system constructed under the authority of section 43-330A, Idaho Code, shall be the property of, and shall be owned by, the district.
History:
[43-330E, added 1993, ch. 261, sec. 1, p. 894.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330F - OPERATION AND MAINTENANCE OF PRESSURIZED DISTRIBUTION SYSTEMS.

43-330F. OPERATION AND MAINTENANCE OF PRESSURIZED DISTRIBUTION SYSTEMS. Any pressurized distribution system constructed under the authority of section 43-330A, Idaho Code, shall be operated, maintained, repaired and replaced by the district, and the district may levy and collect an assessment against each tract of land served by the distribution system to defray the cost and expense of such operation, maintenance, repair or replacement. The board shall apportion to each tract of land included in the contract a portion of the cost of operation, maintenance, repair and replacement of the distribution system, on the same basis as the cost of construction of the distribution system is apportioned.
History:
[43-330F, added 1993, ch. 261, sec. 1, p. 894.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-330G - DISTRIBUTION SYSTEMS FOR LAND IN MORE THAN ONE IRRIGATION DISTRICT — JOINT CONTRACT — DIVISION OF MANAGEMENT — ASSESSMENTS.

43-330G. DISTRIBUTION SYSTEMS FOR LAND IN MORE THAN ONE IRRIGATION DISTRICT — JOINT CONTRACT — DIVISION OF MANAGEMENT — ASSESSMENTS. Where the interests of two (2) or more irrigation districts and the interests of the contracting landowners will be served thereby, lands in two (2) or more irrigation districts may be included in a contract entered into by the districts and the landowners under the authority of section 43-330A, Idaho Code, and the contract shall specify how the ownership, management, operation, maintenance, repair and replacement of the distribution system shall be divided between or among the districts, and shall provide that all assessments for construction costs and for costs of operation, maintenance, repair and replacement against any tract of land included in the contract shall be levied and collected by the district in which that tract is located.
History:
[43-330G, added 1993, ch. 261, sec. 1, p. 894.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-331 - DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS.

43-331. DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS. (1) This section applies: (a) When a parcel of land lying within an irrigation district is subdivided and the owner has made no provisions which in the opinion of the board of directors is adequate for the proper distribution of water thereto; or (b) when improvements for the distribution or delivery of water to any tract of land are not owned by the district and the owner or person in control of the improvement fails to maintain, repair or replace the improvement as required for the proper and efficient distribution or delivery of water to any tract; or (c) when fifty percent (50%) or more of the owners of the tracts in any such subdivided parcel request that the board provide for the proper distribution of water thereto or request that the board maintain, repair or replace the improvement as required for the proper and efficient distribution or delivery of water to any tract.
(2) Whenever the interest or convenience of such tracts requires the construction, repair or maintenance of any ditch, flume, dike, aqueduct or other improvement, the board may construct, repair or maintain such improvement, and levy and collect an assessment upon all tracts specially benefited thereby, to defray the whole or any portion of the cost and expense thereof. The board may determine what lands are specially benefited by such construction, repair or maintenance, and the amount to which each tract is benefited.
History:
[43-331, as added by 1973, ch. 64, sec. 4, p. 105; am. 1978, ch. 251, sec. 1, p. 550; am. 1998, ch. 195, sec. 2, p. 706.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-332 - APPORTIONMENT OF WATER TO TRACTS — EMPLOYMENT OF PERSON TO DISTRIBUTE WATER — ASSESSMENT OF COST — LIEN ON LAND.

43-332. APPORTIONMENT OF WATER TO TRACTS — EMPLOYMENT OF PERSON TO DISTRIBUTE WATER — ASSESSMENT OF COST — LIEN ON LAND. Whenever a parcel of land lying within an irrigation district is subdivided and plats of such subdivision are filed as provided by law, and the owners fail to properly apportion the water to their various tracts in the subdivision, or upon request made by fifty percent (50%) or more of the owners of the tracts in the subdivision the board of directors may employ some competent person to distribute and apportion water for such tracts. The reasonable cost of such services shall be apportioned each year by the board to such tracts. The cost of such services shall be assessed by the board as a special charge to the tracts in the same manner as other assessments are made by the board. The assessment so levied and apportioned shall be a lien upon the tracts, and shall be collected in the same manner as all other assessments are levied and collected by the board.
History:
[43-332, as added by 1973, ch. 64, sec. 5, p. 105; am. 1978, ch. 250, sec. 1, p. 549; am. 1998, ch. 195, sec. 3, p. 706.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-333 - RESOLUTION FOR WATER DISTRIBUTION WORKS OR SERVICES — HEARING OF OBJECTIONS — CONSTRUCTION, REPAIR OR MAINTENANCE OF IMPROVEMENT — APPORTIONMENT OF COSTS — ASSESSMENT.

43-333. RESOLUTION FOR WATER DISTRIBUTION WORKS OR SERVICES — HEARING OF OBJECTIONS — CONSTRUCTION, REPAIR OR MAINTENANCE OF IMPROVEMENT — APPORTIONMENT OF COSTS — ASSESSMENT. (1) Whenever the board of directors shall deem it expedient or necessary to construct, repair or maintain ditches, flumes, dikes, aqueducts or other improvements as provided in section 43-331, Idaho Code, or to employ the services of some competent person to distribute and apportion water for any subdivision, as provided in section 43-332, Idaho Code, it shall declare such necessity by resolution.
(2) A resolution shall be posted in three (3) public places in the subdivision for five (5) days. Within ten (10) days from the date when the resolution is posted, the owner of any property within the tract may file with the secretary a written remonstrance against the proposed improvement or employment. The board hearing such remonstrances may, in its discretion, overrule any remonstrance and by a resolution order construction, repair or maintenance of the improvements. The board may either enter into a contract to complete the improvement or, in its discretion, complete the improvement under its own supervision. After the work on the improvement is completed the board shall, by resolution, apportion the costs and shall declare an assessment upon each tract benefited, which assessments shall be final and conclusive.
History:
[43-333, as added by 1973, ch. 64, sec. 6, p. 105.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-334 - PROCEDURE FOR LEVY AND COLLECTION OF SPECIAL ASSESSMENT — APPEAL.

43-334. PROCEDURE FOR LEVY AND COLLECTION OF SPECIAL ASSESSMENT — APPEAL. Whenever the board of directors levies a special assessment against the various tracts of land as provided in section 43-331 and section 43-332, Idaho Code, it shall be extended against the tracts of land in the same manner as other assessments are levied and extended upon the assessment rolls of the irrigation district or county. The assessments shall be collected in the same manner as other assessments are collected. An appeal may be taken from the action of the board to the district court of the county in which the land is situated. The appeal shall be taken, perfected and prosecuted in the same manner and within the same period of time as an appeal from the board of county commissioners.
History:
[43-334, as added by 1973, ch. 64, sec. 7, p. 105.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-335 - LEASING OF WATER RIGHTS BY IRRIGATION DISTRICT WITHIN THE DISTRICT BY DISTRICT’S WHERE LANDOWNER CAN RECEIVE WATER THROUGH THE DISTRICT’S IRRIGATION SYSTEM.

43-335. LEASING OF WATER RIGHTS BY IRRIGATION DISTRICT WITHIN THE DISTRICT BY DISTRICT’S WHERE LANDOWNER CAN RECEIVE WATER THROUGH THE DISTRICT’S IRRIGATION SYSTEM. Any irrigation district which has within its boundaries residential, commercial or industrial lands, or any combination of those lands, and which holds water rights for those lands, shall have the right to lease, to any municipality, municipal provider, public utility, domestic water users organization which furnishes water service to those lands, or to any other entity for the distribution of water to those lands for uses other than culinary purposes, those water rights which are held for any residential, commercial or industrial lands for which the owner has elected not to receive his proportionate share of the irrigation district’s water through the irrigation system of the district; provided, however, that no water right under which water is delivered through a community ditch shall be leased without the written consent of the ditch users who do not elect not to receive water from the district. For purposes of this chapter, the terms "municipality" and ["]municipal provider" shall be defined as provided in section 42-202B, Idaho Code; "culinary purposes" shall mean the use of water for direct human consumption, cooking, sanitary purposes, and other such uses. Nothing in this chapter shall be construed as amending or affecting the laws of Idaho pertaining to the control and regulation of public utilities, municipal providers or water corporations.
History:
[43-335, added 1983, ch. 68, sec. 1, p. 151; am. 1997, ch. 401, sec. 1, p. 1277.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-336 - NOTIFICATION OF LANDOWNERS REGARDING LEASE.

43-336. NOTIFICATION OF LANDOWNERS REGARDING LEASE. Whenever the board of directors of an irrigation district resolves to lease all or any portion of any water right or water rights as authorized by section 43-335, Idaho Code, the district shall notify its landowners, by such method as the board shall order, that (1) the district intends to lease the water right or water rights identified by priority date, quantity and source in the notice, (2) owners of residential, commercial or industrial lands for which the district holds water rights may elect not to receive water from the district for their lands, and (3) consent of other ditch owners who will continue receiving water is required for leasing water rights delivered through community ditches.
History:
[43-336, added 1983, ch. 68, sec. 2, p. 151.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-337 - REQUIREMENTS OF ELECTION FOR LANDOWNERS.

43-337. REQUIREMENTS OF ELECTION FOR LANDOWNERS. The election under section 43-335, Idaho Code, not to receive water shall be made in writing and shall state:
(a) The name and address of the landowner;
(b) The legal description of the land as to which the election is made;
(c) The date of the notification from the district pursuant to which the election is made;
(d) That the owner elects not to receive water from the irrigation system of the district under the water right held for the land described in the notification of election;
(e) That this landowner’s election not to receive water from the district shall remain in effect so long as the lease under section 43-335, Idaho Code, has not been terminated.
The written notification of election shall be signed by the landowner and shall be delivered to the district at its office. Signature by each surviving spouse shall be required for a valid election as to land which is community property.
History:
[43-337, added 1983, ch. 68, sec. 3, p. 152; am. 1997, ch. 401, sec. 2, p. 1277.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-338 - LEASING OF WATER RIGHTS INSIDE THE DISTRICT BY AN IRRIGATION DISTRICT WHERE THE LANDOWNER CANNOT RECEIVE WATER THROUGH THE IRRIGATION SYSTEM.

43-338. LEASING OF WATER RIGHTS INSIDE THE DISTRICT BY AN IRRIGATION DISTRICT WHERE THE LANDOWNER CANNOT RECEIVE WATER THROUGH THE IRRIGATION SYSTEM. An irrigation district shall have the right to lease, to any municipality, municipal provider, public utility or domestic water users organization which furnishes water service to lands lying within the district, or to any other entity providing water service for uses other than culinary purposes those water rights which the landowner does not receive through the irrigation system of the district because the landowner has no ditch, pipeline or other transmission facility for carrying water from the district’s system to his land.
History:
[43-338, added 1983, ch. 68, sec. 4, p. 152; am. 1997, ch. 401, sec. 3, p. 1278.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-339 - NO LEVY AGAINST LANDS WHERE WATER RIGHTS ARE LEASED.

43-339. NO LEVY AGAINST LANDS WHERE WATER RIGHTS ARE LEASED. After the effective date of a lease by which a water right or any portion thereof is leased by an irrigation district under the authority granted by section 43-335 or 43-338, Idaho Code, the district shall not levy tolls or assessments for any purpose against the lands for which that water right is held by the district, so long as the lease remains in effect, and any toll or assessment levied in violation of this section shall be void and of no effect whatsoever.
History:
[43-339, added 1983, ch. 68, sec. 5, p. 152.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-340 - USE OF MONEYS RECEIVED FOR LEASED WATER RIGHTS.

43-340. USE OF MONEYS RECEIVED FOR LEASED WATER RIGHTS. All payments of rent received by an irrigation district under a lease of water rights authorized by section 43-335 or 43-338, Idaho Code, shall belong to the district, and it shall not be obligated to reimburse electing landowners for any such rental payments, and such payments shall be deemed to have been received by the district in lieu of tolls or assessments which otherwise would have been levied against the lands for which landowners have elected not to receive water or against the lands to which water cannot be delivered.
History:
[43-340, added 1983, ch. 68, sec. 6, p. 153.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-341 - EFFECT ON WATER RIGHTS BY LEASING.

43-341. EFFECT ON WATER RIGHTS BY LEASING. Use of water under a lease authorized by this act shall not constitute abandonment, or be grounds for forfeiture, of the water right, and shall not be deemed a change in the place of use or in the nature of the use of the water. Any change in the point or points of diversion of water shall require approval of the director of the department of water resources as provided in section 42-222, Idaho Code, but the director shall not be required to determine whether a water right has been abandoned or forfeited, in whole or in part, before approving any change in the point of diversion.
History:
[43-341, added 1983, ch. 68, sec. 7, p. 153.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-342 - LANDOWNER MAY NOT RECEIVE WATER FROM THE DISTRICT AFTER AGREEING TO LEASE WATER RIGHTS.

43-342. LANDOWNER MAY NOT RECEIVE WATER FROM THE DISTRICT AFTER AGREEING TO LEASE WATER RIGHTS. After the effective date of any lease by an irrigation district under the authority granted by section 43-335, Idaho Code, no landowner who has elected not to receive water from the district and who owns land from which the water right has been leased and who has actual knowledge of the lease, shall use water from the community ditch, if any, by which water is carried from the district’s system to his land. Any landowner violating this section shall be liable for all costs reasonably incurred by the district in enforcing the provisions of this section.
History:
[43-342, added 1983, ch. 68, sec. 8, p. 153.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-343 - AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE PROJECT.

43-343. AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE PROJECT. Any irrigation district heretofore or hereafter organized under the laws of this state, having received and affirmatively acted upon a petition to construct a ground water recharge improvement project in the manner provided by sections 43-328, 43-329 and 43-330, Idaho Code, is authorized by section 42-234, Idaho Code, to file an application with the department of water resources to appropriate the unappropriated waters of the state for the purpose of recharging ground water basins within the district to aid in the efficient irrigation of district lands. Upon approval of the application for permit by the director of the department of water resources, the district shall proceed in the manner provided by the irrigation district laws of the state to construct and operate the recharge project. The construction and operation of the project shall be subject to such additional conditions and limitations as shall be imposed by the director of the department of water resources pursuant to sections 42-203A and 42-234, Idaho Code.
History:
[43-343, added 1985, ch. 120, sec. 4, p. 295; am. 2009, ch. 242, sec. 5, p. 744.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-401A - REHABILITATION OF IRRIGATION STRUCTURES.

43-401A. REHABILITATION OF IRRIGATION STRUCTURES. The board of directors may contract for the reconstruction, rehabilitation or replacement of dams, structures or works belonging to the district or to the United States, necessary to the storage, diversion or delivery of water appurtenant to land within the district. The board shall determine the necessity and cost of such proposed improvements, and determine what amount of money needs to be raised and call a special election, at which shall be submitted to electors of the district possessing the qualifications prescribed in section 43-401, Idaho Code, the question of whether or not the bonds of said district in the amount as determined, shall be authorized. Such election shall be held in the manner provided in section 43-401, Idaho Code, except that no report need be obtained from the department of water resources and the notice of election need not recite anything concerning a report from the department of water resources. If the issuance of bonds is approved at the election, the board may thereafter proceed in conformity with chapter 4, title 43, Idaho Code, in the issuance, confirmation and sale of said bonds. The provisions of chapters 5, 6, 7, 8 and 9, title 43, Idaho Code, shall apply to the said bonds and the work proposed to be done with the funds derived from the sale thereof.
History:
[43-401A, as added by 1973, ch. 181, sec. 1, p. 423.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-403 - FORM OF BONDS — STATEMENTS ENHANCING SECURITY OF BONDS.

43-403. FORM OF BONDS — STATEMENTS ENHANCING SECURITY OF BONDS. In case the works of any irrigation district shall have been constructed by the reclamation service of the United States of America, or in case the general plan and estimates of the works have been examined by the reclamation service of the United States of America and declared feasible and practicable by such reclamation service and the works and the lands within such district good security for the payment of the interest and principal of the bonds of such district, such fact shall be stated in said bonds, and in case the sale of such bonds has been approved by the courts, as provided by section 43-406[, Idaho Code], such confirmation and approval may be stated on said bonds by the clerk of the district court, under the seal of said court.
History:
[(43-403) 1915, ch. 137, sec. 1, p. 295; reen. C.L., sec. 2397a; C.S., sec. 4361; I.C.A., sec. 42-403.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-404 - APPORTIONMENT OF BENEFITS.

43-404. APPORTIONMENT OF BENEFITS. Whenever the electors shall have authorized an issue of bonds as hereinbefore provided, the board of directors shall examine each tract or legal subdivision of land in said district, and shall determine the benefits which will accrue to each of such tracts or subdivisions from the construction or purchase of such irrigation works; and the cost of such works shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits; and the amount so apportioned or distributed to each of said tracts or subdivisions shall be and remain the basis for fixing the annual assessments levied against such tracts or subdivisions in carrying out the purpose of this chapter.
Such board of directors shall make, or cause to be made, a list of such apportionments or distribution, which list shall contain a complete description of each subdivision or tract of land of such district, with the amount and rate per acre of such apportionment or distribution of cost, and the name of the owner thereof; or they may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon: provided, that where all lands on any map or section of a map are assessed at the same rate, a general statement to that effect shall be sufficient.
Said list or map shall be made in duplicate and one (1) copy of each shall be filed in the office of the department of water resources and one (1) copy shall remain in the office of said board of directors for public inspection.
Whenever thereafter any assessment is made either in lieu of bonds, or any annual assessment for raising the interest on bonds, or any portion of the principal, it shall be spread upon the lands in the same proportion as the assessment of benefits, and the whole amount of the assessment of benefits shall equal the amount of bonds or other obligations authorized at the election last above-mentioned.
History:
[(43-404) 1903, p. 150, sec. 15c, as added by 1907, p. 484, sec. 1, subd. 15c; reen. R.C., sec. 2399; am. 1911, ch. 71, sec. 3, p. 194; am. 1911, ch. 154, sec. 8, p. 461; reen. C.L., sec. 2399; C.S., sec. 4362; I.C.A., sec. 42-404.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-405 - APPORTIONMENT OF BENEFITS — NOTICE AND HEARING — APPEAL.

43-405. APPORTIONMENT OF BENEFITS — NOTICE AND HEARING — APPEAL. After the board shall have examined the lands in said district, and before proceeding to make the assessment of benefits and the list and apportionment as provided in the last preceding section, the secretary shall give notice to the owners of said lands that the board will meet at its office on a day to be stated in said notice for the purpose of making such assessment and list and apportionment, and will at such meeting provide a hearing for all parties interested in such proceedings. The secretary shall give such notice by publication in a newspaper published in the county where said office is located in three (3) successive issues if published in a daily newspaper, or by publication in one (1) issue if published in a weekly newspaper, the first of which publications shall be at least fifteen (15) days before the date fixed for said hearing. Additionally, the secretary shall, not less than fifteen (15) days before the date fixed for said hearing, mail notice of the hearing to each owner of such land, if known, or his agent if known, addressed to such person at his post-office address if known, or if unknown, to the post office serving the area wherein his land lies.
At such meeting the board shall proceed to hear all parties interested who may appear, and they shall continue in session from day to day until the assessment is completed. They shall hear all evidence offered, including any maps or surveys which any owners of lands may produce, and they may classify the lands in such way that the assessment when completed shall be just and equitable. Any person interested who shall fail to appear before the board shall not be permitted thereafter to contest said assessment or any part thereof except upon a special application to the court in the proceedings for confirmation of said assessment, showing reasonable excuse for failing to appear before said board of directors. In case any landowner makes objection to said assessment or any part thereof before said board, and said objection is overruled by the said board, and the landowner does not consent to the assessment as finally determined, such objection shall, without further proceedings, be regarded as appealed to the district court and to be heard at the said proceedings to confirm as aforesaid.
History:
[(43-405) 1903, p. 150, sec. 15d, as added by 1907, p. 484, sec. 1, subd. 15d; reen. R.C. & C.L., sec. 2400; C.S., sec. 4363; I.C.A., sec. 42-405; am. 1974, ch. 2, sec. 1, p. 14.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-406 - CONFIRMATION OF PROCEEDINGS.

43-406. CONFIRMATION OF PROCEEDINGS. The board of directors of the irrigation district shall file in the district court of the county in which their office is situated a petition, praying in effect that the proceedings aforesaid may be examined, approved and confirmed by the court. The petition shall state generally that the irrigation district was duly organized and the first board of directors elected, that due and lawful proceedings were taken to issue bonds in an amount to be stated, and that said assessment, list and apportionment were duly made and a copy of said assessment, list and apportionment shall be attached to said petition, and that such bonds or a certain amount of such bonds have been legally sold or exchanged, as the case may be, but the petition need not state other facts showing such proceedings: provided, that after the organization of the district is complete, a petition may be filed for the confirmation of the proceedings so far, or after the authorization of any issue of bonds such petition may be so filed or after the sale or exchange of any issue or any portion of an issue of bonds such petition may be so filed, and where the procedure is by separate petitions for the confirmation of different portions of said proceedings, subsequent proceedings may be in the name of reopening of the same case, but shall not be considered as authorizing any rehearing of the matter theretofore heard and decided.
History:
[(43-406) 1903, p. 150, sec. 16; am. 1907, p. 484, sec. 1, subd. 16; reen. R.C., sec. 2401; am. 1915, ch. 170, sec. 1, p. 391; reen. C.L., sec. 2401; C.S., sec. 4364; I.C.A., sec. 42-406.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-407 - CONFIRMATION OF PROCEEDINGS — NOTICE — RULES OF PROCEDURE.

43-407. CONFIRMATION OF PROCEEDINGS — NOTICE — RULES OF PROCEDURE. The court or judge shall fix the time for the hearing of said petition, and shall order the clerk of the court to give a notice of the filing of said petition. Such notice shall be given by publication in a newspaper published in the same county in three (3) successive issues if published in a daily newspaper, or by publication in one (1) issue if published in a weekly newspaper, the first of which publications shall be at least fifteen (15) days before the date fixed for said hearing. Additionally, the notice shall, not less than fifteen (15) days before the date fixed for said hearing, be mailed to each owner of such land, if known, or his agent if known, addressed to such person at his post-office address if known, or if unknown, to the post office serving the area wherein his land lies. The notice shall state the time and place fixed for the hearing of the petition, and the prayer of the petition, and that any person interested in the subject-matter of said petition may, on or before the day fixed for the hearing thereof, demur to or answer said petition. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted by answer must be taken as true, and every person or party failing to answer the petition shall be deemed to have admitted all the material allegations of the petition. The rules of pleading and practice provided by the Code of Civil Procedure which are not inconsistent with this title are applicable to the special proceedings herein provided for. A motion for a new trial, and all proceedings in the nature of appeals or rehearing, may be had as in any ordinary suit at law.
History:
[(43-407) 1903, p. 150, sec. 17; am. 1907, p. 484, sec. 1, subd. 17; reen. R.C. & C.L., sec. 2402; C.S., sec. 4365; I.C.A., sec. 42-407; am. 1974, ch. 2, sec. 2, p. 14.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-408 - CONFIRMATION OF PROCEEDINGS — HEARING AND ORDER.

43-408. CONFIRMATION OF PROCEEDINGS — HEARING AND ORDER. Upon the hearing of such special proceedings, the court shall examine all of the proceedings set up in the petition, and may ratify, approve and confirm said assessment, list, apportionment and distribution, the court shall hear all objections either filed in said proceedings or brought up from the hearing before the board of directors as aforesaid, and for that purpose any person desiring to be heard upon objections overruled by the board of directors, shall state the substance of said objections and the ruling of the board in his answer. The court shall disregard every error, irregularity or omission which does not affect the substantial rights of any party, and if the court shall find that said assessment, list and apportionment are in any substantial matter erroneous or unjust, the same shall not be returned to said board, but the court shall proceed to correct the same so as to conform to this title and the rights of all parties in the premises, and the final order or decree of the court may approve and confirm such proceedings in part, and disapprove other parts of said proceedings; and in case the proceedings for the organization of the district and the issue of bonds are approved, the court shall correct all the errors in the assessment, apportionment and distribution of costs as above provided, and render a final decree approving and confirming all of the said proceedings. In case of the approval of the organization of the district and the disapproval of the proceedings for issuing bonds, the district shall have the right to institute further proceedings for the issue of bonds de novo. The costs of the special proceedings may be allowed and apportioned among the parties thereto in the discretion of the court.
History:
[(43-408) 1903, p. 150, sec. 19; am. 1907, p. 484, sec. 1, subd. 19; reen. R.C. & C.L., sec. 2403; C.S., sec. 4366; I.C.A., sec. 42-408.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-410 - PAYMENT OF CONTRACTOR WITH BONDS.

43-410. PAYMENT OF CONTRACTOR WITH BONDS. In lieu of the sale of bonds as provided in section 43-409, and the payment for construction work in cash, as provided in section 43-901[, Idaho Code], bonds authorized by the vote of the district for the purpose of acquiring or constructing irrigation works may be issued and delivered by the board of directors directly to the contractor in payment for such construction work.
History:
[(43-410) Part of R.C., sec. 2404a, as added by 1913, ch. 169, sec. 1, p. 541; reen. C.L., sec. 2404a; C.S., sec. 4368; I.C.A., sec. 42-410.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-411 - PAYMENT OF BONDS AND INTEREST.

43-411. PAYMENT OF BONDS AND INTEREST. Said bonds and the interest thereon shall be paid by revenue derived from the assessment upon the land in the district; and all the land in the district shall be and remain liable to be assessed for such payment: provided, that payment of interest may be made in accordance with the provisions of chapter 5 of this title; and provided also that the board of directors may fix rates of tolls and charges for use of water from the canals and irrigation system of the district, proportionate to the assessment and apportionment of benefits, for the purpose of paying the whole or any part of the principal or interest or both then due or next thereafter to become due. Where a toll is fixed for the payment of bond principal or interest, any portion of such toll remaining unpaid at the time fixed for levying the next annual assessment for payment of bond principal or interest, shall be added to and become part of the assessment against the land delinquent in the payment of such toll. The board in its order fixing or levying such tolls may fix the date or dates on or before which the same must be paid, may make the same payable in advance of the delivery of any water during the year for which the same are fixed, and may make provision for the collection thereof and the keeping of a toll book by the district treasurer.
History:
[(43-411) 1903, p. 150, sec. 22; am. 1907, p. 481, sec. 1, subd. 22; reen. R.C., sec. 2405; am. 1915, ch. 38, sec. 1, p. 119; compiled and reen. C.L., sec. 2405; C.S., sec. 4369; I.C.A., sec. 42-411; am. 1966 (2nd E.S.), ch. 8, sec. 2, p. 20.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 4 - BONDS — ISSUANCE, CONFIRMATION, AND SALE › Section 43-412 - REDEMPTION OF BONDS.

43-412. REDEMPTION OF BONDS. Upon the presentation of the coupons due to the treasurer, he shall pay the same from the bond fund. Whenever, after ten (10) years from the issuance of said bonds, said fund shall amount to the sum of $10,000, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem, at the lowest value at which they may be offered for liquidation, after advertising for at least four (4) weeks in some newspaper published in the county, and in other newspapers which said board may deem advisable, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting, at a time to be named in the notice, and the lowest bids for said bonds must be accepted: provided, that no bond shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed, as herein provided for, said money shall be invested by the treasurer under the direction of the board, in United States bonds or the bonds or warrants of the state, or municipal or school bonds, which shall be kept in said bond fund and may be used to redeem said district bonds whenever the holders thereof may desire.
History:
[(43-412) 1903, p. 150, sec. 32; reen. R.C. & C.L., sec. 2406; C.S., sec. 4370; I.C.A., sec. 42-412.]