reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2002 - APPLICATION FOR RELEASE OF FIRST MORTGAGE — CONTENTS.

43-2002. APPLICATION FOR RELEASE OF FIRST MORTGAGE — CONTENTS. Application for release of first mortgages owned by the state of Idaho shall be filed with the director of the department of finance of the state of Idaho and shall be in such form and shall contain such information as the state board of land commissioners shall by rule provide. Every application shall contain the following information:
(a) The name of the irrigation or drainage district, its general location and its officers.
(b) The total acreage in the district.
(c) The total outstanding obligations of the district including the following:
(1) Bonds.
(2) Warrants.
(3) Interest on bond.
(4) Interest on warrants.
(5) Interest on bond coupons.
(6) Obligations outstanding for which warrants have not been issued.
(d) The assessment per acre for three (3) years prior to the date of the application itemized as follows:
(1) Current expense.
(2) Warrant redemption.
(3) Bond interest and sinking fund.
(e) The complete plan for refinancing and dissolution of the district.
(f) A description and the acreage of the property covered by the mortgage for which application for release is made, and a true and correct valuation thereof.
(g) The amount due on the mortgage sought to be released.
(h) The total amount and amount per acre required to retire the outstanding indebtedness of the district in which the land is situated.
(i) The term for which said prior lien shall extend, the annual rate of interest and the basis for retirement.
(j) Any other liens or encumbrances against said property and the amount of each.
(k) The name of the applicant, his residence or place of business (if a corporation, its officers and managing agent).
(l) Such other information as the board shall desire.
(m) Said application shall be verified by the oath of the applicant.
History:
[43-2002, added 1933, ch. 194, sec. 2, p. 385; am. 1969, ch. 466, sec. 7, p. 1326; am. 1974, ch. 24, sec. 90, p. 744.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2003 - INVESTIGATION OF APPLICATION — ORDER FOR RELEASE.

43-2003. INVESTIGATION OF APPLICATION — ORDER FOR RELEASE. The director of the department of finance shall make such investigation of the application as he shall deem necessary and shall submit the same, together with his recommendations to the state board of land commissioners. If, in the opinion of the state board of land commissioners, the release of the first mortgage held by the state of Idaho and acceptance in lieu thereof of a second mortgagee will increase the value of the loan and enhance the value of the real property mortgaged to secure the payment thereof, and that the terms and conditions of said application are equitable and will protect the security of the loan made by the state of Idaho, it shall enter an order directing the release of the said first mortgage held by the state of Idaho and the acceptance of a second mortgage by the director of the department of finance in lieu thereof in such amount as shall be due the state of Idaho on said first mortgage. Said board may specify such terms and conditions to the release of said first mortgage and the acceptance of said second mortgage as it shall deem necessary.
History:
[43-2003, added 1933, ch. 194, sec. 3, p. 385; am. 1969, ch. 466, sec. 8, p. 1326.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2004 - EXECUTION OF RELEASE.

43-2004. EXECUTION OF RELEASE. Release of first mortgages shall be signed by the chairman of the state board of land commissioners and countersigned by the secretary thereof.
History:
[43-2004, added 1933, ch. 194, sec. 4, p. 385.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2005 - DELINQUENT DISTRICT ASSESSMENTS — CANCELING, COMPROMISING OR EXTENDING TIME FOR PAYMENT — REFUNDING OPERATIONS.

43-2005. DELINQUENT DISTRICT ASSESSMENTS — CANCELING, COMPROMISING OR EXTENDING TIME FOR PAYMENT — REFUNDING OPERATIONS. The board of commissioners of any drainage district, or the board of directors of any irrigation district, in the state of Idaho, shall have the power to cancel, compromise, and/or extend the time for the payment of delinquent district assessments levied on lands within the district, where such district is refunding and reducing its outstanding indebtedness by agreement, through any governmental agency of the United States, or otherwise. Said cancellation, compromise, and/or extension of time for the payment of such delinquent taxes shall take effect if and when the refunding and reduction of said indebtedness is completed, or at least ninety per cent (90%) completed. When the refunding and reduction of said indebtedness is completed, or at least ninety per cent (90%) completed, said board shall cause appropriate notation of said cancellation, compromise and/or extension of time for payment to be noted upon the proper records, and in the event said assessments are collected by county officers, said board shall transmit certified copies of the orders or resolutions providing for such cancelation, compromise, and/or extension of time for payment to the county auditor and the county tax collector, who shall make appropriate notation thereof upon the proper records. Provided, however, that the provisions of this section shall not be applicable in cases where such district has assigned its right to tax deed under the provisions of section 43-715, Idaho Code.
History:
[43-2005, added 1935, ch. 146, sec. 1, p. 363.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2006 - ASSESSMENTS — CANCELING, COMPROMISING OR EXTENDING TIME FOR PAYMENT — REFUNDING OPERATIONS.

43-2006. ASSESSMENTS — CANCELING, COMPROMISING OR EXTENDING TIME FOR PAYMENT — REFUNDING OPERATIONS. The board of commissioners of any drainage district, or the board of directors of any irrigation district, in the state of Idaho, shall have the power to cancel, compromise, and/or extend the time for the payment of delinquent assessments heretofore levied by such board on lands within the district, where such district is refunding its outstanding indebtedness through any governmental agency of the United States. Said cancellation, compromise, and/or extension of time for the payment of such delinquent taxes shall not take effect until said refunding of said indebtedness is consummated. When the refunding of said indebtedness is completed said board shall cause appropriate notation of said cancellation, compromise, and/or extension of time for payment to be noted upon the proper records. Provided, however, that the provisions of this section shall not be applicable in such cases where such district has assigned its right to tax deed under the provisions of section 43-715 Idaho Code.
History:
[43-2006, added 1935, ch. 126, sec. 1, p. 298.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 20 - PROVISIONS APPLICABLE TO IRRIGATION DISTRICTS AND DRAINAGE DISTRICTS › Section 43-2007 - LANDS MORTGAGED TO SECURE LOAN OF STATE ENDOWMENT FUNDS — REPORT OF ASSESSMENTS AND LIENS — PENALTY.

43-2007. LANDS MORTGAGED TO SECURE LOAN OF STATE ENDOWMENT FUNDS — REPORT OF ASSESSMENTS AND LIENS — PENALTY. It shall be the duty of the treasurer of every irrigation district, drainage district, or any person or corporation engaged in the business of furnishing water for irrigation and having the power to make assessments for maintenance or for any other purpose, or having a lien for maintenance or otherwise, to report to the state department of finance any such assessments or such claim of lien on any lands mortgaged to the state to secure a loan of state endowment funds such report to be made within sixty (60) days after written request for such report by said department. Said report shall be made for all lands on which there is a loan of state endowment funds whether the assessments thereon are delinquent or not; provided, that such request shall contain a description of all the property upon which a report is desired and shall not be made more than once a year and that forms for such report shall be furnished by said department. A failure to comply with the provisions of this section shall subject the party guilty of such failure to a penalty of three hundred dollars ($300) to be recovered by the state in an appropriate action and to be paid into the general fund in the state treasury.
History:
[(43-2007) 1925, ch. 109, sec. 1, p. 156; am. 1929, ch. 249, sec. 1, p. 507; I.C.A., sec. 42-724; am. 1969, ch. 466, sec. 9, p. 1326.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2101 - BANKRUPT DISTRICTS — FINANCIAL STATEMENT — CONTENTS.

43-2101. BANKRUPT DISTRICTS — FINANCIAL STATEMENT — CONTENTS. Whenever any irrigation district, drainage district or highway district, organized under the laws of the state of Idaho, shall have made default in the payment of either principal or interest on any of its outstanding bonds, and if the board of directors of such district believes that it is impossible for the district to pay its outstanding bonds, warrants and other indebtedness either in full or within the time or in the manner in which such indebtedness becomes due or payable, it shall be the duty of the board to cause to be prepared by a certified public accountant a statement of the financial condition of the district, showing, among other things:
(a) The amount of bonds, warrants and other indebtedness outstanding.
(b) The amount of such indebtedness that is in default.
(c) The total of the receipts and disbursements of the district for each of the three (3) preceding years.
(d) The amount for each of such years of the uncollected or delinquent taxes (not including interest or penalty) levied by the district.
(e) Such other information and data as the board may deem necessary or desirable to show the financial condition of the district and the amount which the district may be able to pay annually under the economic and other conditions then prevailing.
History:
[43-2101, added 1933, ch. 174, sec. 1, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2102 - CERTIFIED COPIES OF FINANCIAL STATEMENT — FILING.

43-2102. CERTIFIED COPIES OF FINANCIAL STATEMENT — FILING. Three (3) copies, duly certified, of the report so prepared shall be filed with the secretary of the district, one (1) of which shall be available for examination at the office of the secretary by all creditors of the district, and copies thereof shall be furnished to creditors at the actual cost of making such copies.
History:
[43-2102, added 1933, ch. 174, sec. 2, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2103 - REHABILITATING OR REFINANCING PLANS.

43-2103. REHABILITATING OR REFINANCING PLANS. The board of directors shall thereupon formulate a plan for rehabilitating the financial condition of the district and for refinancing or retiring the indebtedness of the district, which plan may include:
(a) The scaling down of any one or more of the various kinds or classes of indebtedness outstanding, whether evidenced by bonds, warrants or otherwise.
(b) Extending the time for the payment thereof.
(c) Reducing the interest thereon.
(d) Whether the same shall be paid in cash or by refunding bonds, or otherwise, and the manner of effecting the exchange or retirement of the outstanding obligations or any of them for the consideration to be paid under such plan.
(e) The time within which the plan must be approved by a majority in amount of the creditors of the district directly affected by such plan.
History:
[43-2103, added 1933, ch. 174, sec. 3, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2104 - APPROVAL OF REHABILITATION PLAN BY CREDITORS.

43-2104. APPROVAL OF REHABILITATION PLAN BY CREDITORS. The plan so approved by the board of directors shall thereupon be submitted to the known creditors of the district directly affected thereby, in such manner as to the board may seem appropriate and practical under the circumstances. The approval of such plan by creditors shall be in writing filed with the secretary of the board, and such approval shall be irrevocable if approved by a majority in amount of each class of creditors directly affected thereby, within the time specified in such plan.
History:
[43-2104, added 1933, ch. 174, sec. 4, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2105 - MAJORITY OF CREDITORS CONSENTING — NONCONSENTING CREDITORS — CONSTRUCTIVE CONSENT PROCEEDINGS.

43-2105. MAJORITY OF CREDITORS CONSENTING — NONCONSENTING CREDITORS — CONSTRUCTIVE CONSENT PROCEEDINGS. If the written consent of all creditors directly affected by the proposed plan is not obtained within the time specified in the plan for the approval thereof by the creditors, but if a majority in amount of each class of creditors has approved such plan, the board of directors shall then proceed without delay to obtain the constructive consent of all holders of bonds, coupons and warrants and of other creditors of the district that will be directly affected by such plan, but who have not theretofore filed their consent in writing as hereinbefore provided. For the purpose of obtaining such constructive consent the district shall commence a proceeding in rem in the district court of the county in which the office of the district is situated, by filing a petition in writing which shall be duly verified by the oath of the president or secretary of the district, and shall set forth, among other things:
(a) The nature and amount of the indebtedness of the district and of each kind or class thereof.
(b) A brief statement of the financial condition of the district. One (1) of the certified copies filed with the secretary of the district, of the report of the certified public accountant, showing the financial condition of the district, shall be filed with the clerk of the court as an exhibit to said petition for the information of the court and the creditors of the district.
(c) A brief statement of the plan approved by the board for rehabilitating the financial condition of the district and for readjusting the indebtedness then outstanding. A full, true and correct copy of such plan, certified by the secretary of the district, shall be filed as an exhibit to said petition for the information of the court and the creditors of the district.
(d) A statement showing approximately by what percentage, in amount, said plan has been approved in writing by the holders of the indebtedness of the district and of each class and kind of such indebtedness.
(e) A statement of the steps that have been taken by the district to obtain the consent of all creditors of the district to the plan so approved and submitted by the board.
(f) A prayer that all proceedings had and taken under this act by the district may be examined, approved and confirmed by the court, and that the district may be authorized to publish a notice under this act to all creditors of the district that have not approved in writing said plan of settlement, and for such other relief as the court may be authorized to grant under this act.
History:
[43-2105, added 1933, ch. 174, sec. 5, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2106 - NATURE OF PROCEEDINGS.

43-2106. NATURE OF PROCEEDINGS. Said proceeding shall be in the nature of a proceeding in rem in which the district shall be plaintiff, and all holders of bonds, coupons and warrants, and other creditors of the district, without naming them, shall be defendants, except holders of securities and creditors not directly affected by said plan of settlement and those who have filed their written consent or approval thereof with the secretary of the district.
History:
[43-2106, added 1933, ch. 174, sec. 6, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2107 - PUBLICATION OF NOTICE — CONTENTS.

43-2107. PUBLICATION OF NOTICE — CONTENTS. The petition may be presented to the district court or the judge thereof, at chambers, and if it satisfactorily appears from said petition that the proceedings had and taken by the district have been substantially in accordance with the requirements of this act, the court or judge shall direct said district to publish a notice for at least four (4) consecutive weeks in three (3) newspapers published within the state of Idaho and by the court deemed most likely to give notice to the creditors of said district, one (1) of which shall be published in the county in which the office of the board of directors is situated, if there be a newspaper published in such county. The notice shall be directed to the holders (without naming them) of the bonds, coupons and warrants and other creditors (without naming them) of the district directly affected by such plan, and it shall set forth in substance:
(a) A description, sufficient for identification, of the bonds, coupons, warrants and other claims that it is proposed to scale down or to pay or refund or otherwise settle or adjust pursuant to such plan.
(b) The substance of the plan of settlement and when and how it is proposed to make payment to the various classes of creditors embraced in such plan.
(c) A statement showing the approximate amount of each class of indebtedness sought to be readjusted or settled that has by the holders thereof assented to and approved such plan of settlement.
(d) And it shall notify all holders of the bonds and warrants and other creditors of the district that will be directly affected by such plan, that have not theretofore filed their written approval of said plan with the secretary of the board, to file in said cause, within ninety (90) days from the first publication of said notice, their written dissent from or objection to said proposed plan of settlement, and that the dissent or objection so filed must be verified under oath, and describe the securities sufficiently for identification held by the creditor filing such objection, and give the address at which he may be reached by mail.
The notice shall further state that if such dissent or objection be not filed with the clerk of said court within ninety (90) days from the date of the first publication of said notice, the owners and holders of such bonds, coupons and warrants, or other creditors of the district, who have failed to file such dissent or objection, will be deemed, adjudged and decreed to have assented to said plan of settlement. The notice so published shall be deemed and held to be notice to all creditors of the proceedings taken by the district and the court under this act.
History:
[43-2107, added 1933, ch. 174, sec. 7, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2108 - PROOF OF PUBLICATION — DEFAULT OF NONDISSENTING CREDITORS — NOTICE OF HEARING TO DISSENTING CREDITORS.

43-2108. PROOF OF PUBLICATION — DEFAULT OF NONDISSENTING CREDITORS — NOTICE OF HEARING TO DISSENTING CREDITORS. Proof of publication of said notices by affidavit of the publishers shall be filed with the clerk, and upon the expiration of ninety (90) days from the date of the first publication of said notice the default of all creditors which have not filed their dissent as above provided, and which have not filed their written assent or approval of said plan with the secretary, shall be entered as in other cases, and thereupon the court or the judge thereof, at chambers, shall fix a time for hearing said cause, and notice of such hearing shall be given to the dissenting creditors by mailing such notice to the address given by them, respectively, in their objections filed as aforesaid, or such notice may be given to their attorneys of record, at least twenty (20) days before the hearing.
History:
[43-2108, added 1933, ch. 174, sec. 8, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2109 - HEARING — PROCEDURE — CREDITORS — PROOF OF OWNERSHIP OF BONDS.

43-2109. HEARING — PROCEDURE — CREDITORS — PROOF OF OWNERSHIP OF BONDS. At the hearing of the cause the court shall examine and consider all proceedings had and taken by the district, the financial condition of the district as shown by the report of the certified public accountant, and the proposed plan of settlement, and the objections, if any, filed thereto by creditors of the district. All creditors who have filed objections shall make proof of their ownership of the bonds or other securities held by them and described in their written objections theretofore filed, and for that purpose the court may require them to exhibit the securities so held.
History:
[43-2109, added 1933, ch. 174, sec. 9, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2110 - APPROVAL OF PLAN BY COURT — RIGHTS OF DISSENTING CREDITORS.

43-2110. APPROVAL OF PLAN BY COURT — RIGHTS OF DISSENTING CREDITORS. If, in the opinion of the court, the proceedings had and taken by the district are substantially in accordance with the provisions of this act, and the proposed plan of settlement is just and fair to the district and the creditors thereof, the court shall make and enter its decree confirming such proceedings, and adjudging and decreeing that all indebtedness of the district which it is sought to settle and adjust by said proposed plan shall be bound by said plan and settled accordingly, and the owners and holders thereof shall be deemed to have approved and assented to such plan of settlement as effectually and to the same extent as if they had approved such plan in writing filed with the secretary of the board as provided in this act. Provided, however, that any bonds, coupons, warrants or other evidences of indebtedness embraced in such plan of settlement, held by creditors who have filed their dissent or objections with the clerk of the court as hereinbefore provided, and who have sustained their ownership thereof by satisfactory proof, shall not be bound or affected by such plan of settlement, and the owners thereof may retain such securities and enforce the payment thereof according to any remedy available to them under the laws of the state of Idaho.
History:
[43-2110, added 1933, ch. 174, sec. 10, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2111 - HARMLESS ERROR — APPEALS.

43-2111. HARMLESS ERROR — APPEALS. The court in all proceedings under this act shall disregard any error, irregularity or omission which does not substantially affect the rights of the parties. The district, and all parties filing objections to or who dissent from such plan, may appeal to the Supreme Court from any adverse decision within thirty (30) days after the entry of the decree of the district court.
History:
[43-2111, added 1933, ch. 174, sec. 11, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 21 - DEBT READJUSTMENT PLANS FOR IRRIGATION DISTRICTS, DRAINAGE DISTRICTS, AND HIGHWAY DISTRICTS › Section 43-2112 - METHOD OF RAISING FUNDS OR ISSUING FUNDS OR OTHER SECURITIES.

43-2112. METHOD OF RAISING FUNDS OR ISSUING FUNDS OR OTHER SECURITIES. Any funds, bonds or other securities which the district, under the plan of settlement, proposes to pay or deliver in satisfaction of any outstanding indebtedness, however evidenced, shall be raised, authorized and issued in the manner provided by the laws of the state of Idaho relating thereto, and this act shall not be construed as vesting in the board of directors of the district the power to provide money or authorize or issue bonds or securities in any other manner.
History:
[43-2112, added 1933, ch. 174, sec. 12, p. 316.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 22 - RECONSTRUCTION, REHABILITATION, REPLACEMENT AND IMPROVEMENT OF DAMS BY IRRIGATION DISTRICTS — FINANCIAL AND OTHER ARRANGEMENTS › Section 43-2205 - JUDICIAL PROCEEDINGS TO TEST VALIDITY.

43-2205. JUDICIAL PROCEEDINGS TO TEST VALIDITY. In the event that any official required to participate in any act leading to the calling or holding of the required election, the execution of any required contract or the issuance of such bonds shall refuse to perform such act alleging as his reason illegality of the proposed election, the proposed contract or the bonds proposed to be issued, the board may institute judicial proceedings to compel such steps to be taken and legality of the election, contract or bonds to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
History:
[43-2205, as added by 1974, ch. 1, sec. 1, p. 3.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 22 - RECONSTRUCTION, REHABILITATION, REPLACEMENT AND IMPROVEMENT OF DAMS BY IRRIGATION DISTRICTS — FINANCIAL AND OTHER ARRANGEMENTS › Section 43-2206 - TAX EXEMPTION.

43-2206. TAX EXEMPTION. Bonds and interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho Income Tax law.
History:
[43-2206, as added by 1974, ch. 1, sec. 1, p. 3.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 22 - RECONSTRUCTION, REHABILITATION, REPLACEMENT AND IMPROVEMENT OF DAMS BY IRRIGATION DISTRICTS — FINANCIAL AND OTHER ARRANGEMENTS › Section 43-2207 - LIBERAL CONSTRUCTION.

43-2207. LIBERAL CONSTRUCTION. Any restrictions, limitations or regulations relative to the issuance of such bonds or the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the bonds issued under this chapter or the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.
History:
[43-2207, as added by 1974, ch. 1, sec. 1, p. 3.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 23 - RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES CONSTRUCTION › Section 43-2303 - INTERIM NOTES.

43-2303. INTERIM NOTES. In addition to the permanent financing contemplated in this chapter the board of any district may borrow money and issue interim notes in evidence thereof whenever it is deemed advisable and in the interests of the district to borrow funds temporarily for any of the purposes herein provided in advance of permanent financing. The board may from time to time and pursuant to appropriate resolution borrow money and issue interim notes to evidence borrowing for the purpose of obtaining funds for any of the purposes authorized in section 43-2301, Idaho Code. Any resolution authorizing the issuance of interim notes shall describe generally the purpose for which such notes are to be issued and shall specify the principal amount, rate of interest and maturity date, which shall be the same for all interim notes and which shall be not to exceed five (5) years from the date of issue of such notes, and such other pertinent terms as may be specified in such resolution. The interim notes shall be issued from time to time by the board as funds are borrowed, in the manner the board may determine. Interest on the interim notes may be made payable semiannually, annually or at maturity. The interim notes may be made redeemable prior to maturity at the option of the board in the manner and upon the terms fixed by the resolution authorizing their issuance. Such interim notes shall be sold at such price or prices as may be determined by resolution of the board. All such interim notes and the interest thereon may be secured by a pledge of the proceeds of the revenues provided in subsection (e) of section 43-2301, Idaho Code, and shall be payable solely from such revenues and from the proceeds to be derived from the sale of any bonds for permanent financing authorized to be issued pursuant to this chapter. Contemporaneously with the issuance of the bonds as provided by this chapter, all interim notes, even though they may not have then matured, shall be paid, both principal and interest and applicable premium, if any, to date of payment, from the funds derived from the sale of bonds authorized hereunder for the permanent financing, and such interim notes shall thereupon be surrendered and canceled.
History:
[43-2303, added 1978, ch. 367, sec. 1, p. 962.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 23 - RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES CONSTRUCTION › Section 43-2304 - PUBLICATION — LEGAL REMEDIES.

43-2304. PUBLICATION — LEGAL REMEDIES. The resolution authorizing the issuance of any bonds or interim notes hereunder or any resolution authorizing the execution of any contract hereunder may be published one time in a newspaper of general circulation in the district. For a period of thirty (30) days from the date of such publication, any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality or legality of the proceedings authorizing the bonds, the interim notes, the execution of such contract or the legality of such resolution and its provisions or of the contract or of the bonds or interim notes to be issued pursuant thereto and the provisions securing the bonds or interim notes. After the expiration of such thirty (30) day period no one shall have any right of action to contest the validity of the contract or of the bonds or interim notes or of such proceedings or of such resolution or the validity of the pledges and covenants made in such proceedings and resolution and the contract and the bonds and interim notes and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.
History:
[43-2304, added 1978, ch. 367, sec. 1, p. 963.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 23 - RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES CONSTRUCTION › Section 43-2306 - ACTS REQUIRED.

43-2306. ACTS REQUIRED. In the event that any official required to participate in any act leading to the execution of any required contract or the issuance of such bonds shall refuse to perform such act alleging as his reason illegality of the proposed contract or the bonds proposed to be issued, the board may institute judicial proceedings to compel such steps to be taken and legality of the contract or bonds to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
History:
[43-2306, added 1978, ch. 367, sec. 1, p. 965.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 23 - RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES CONSTRUCTION › Section 43-2307 - BONDS TAX EXEMPT.

43-2307. BONDS TAX EXEMPT. Bonds and interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.
History:
[43-2307, added 1978, ch. 367, sec. 1, p. 965.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 23 - RECONSTRUCTION OF DAMS AND RELATED APPURTENANCES — HYDROELECTRIC FACILITIES CONSTRUCTION › Section 43-2308 - CONSTRUCTION.

43-2308. CONSTRUCTION. Any restrictions, limitations or regulations relative to the issuance of such bond or the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the bonds issued under this chapter or the execution of such contracts pursuant to the authority herein contained, it being intended that this chapter is full authority for the issuance of such bonds and the execution of such contracts. The provisions of sections 43-314, 43-406, 43-407 and 43-408, Idaho Code, shall not apply to any contract or agreement entered into by an irrigation district pursuant to the provisions of section 43-2301, Idaho Code, nor to the issuance of any bonds by an irrigation district pursuant to the provisions of section 43-2301, Idaho Code. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.
History:
[43-2308, added 1978, ch. 367, sec. 1, p. 965; am. 1979, ch. 294, sec. 3, p. 777.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2401 - APPLICATION.

43-2401. APPLICATION. The provisions of this chapter shall apply only to irrigation districts having a system of works and piping for the distribution of treated domestic water separate from its works and piping for the distribution of irrigation water.
History:
[43-2401, added 1979, ch. 178, sec. 1, p. 530.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2402 - DOMESTIC ANNEXATION.

43-2402. DOMESTIC ANNEXATION. In such districts, the holder or holders of any title, or evidence of title, representing one-half (1/2) or more of any body of lands adjacent to the boundary of the irrigation district, may, in lieu of proceeding for annexation under chapter 10, title 43, Idaho Code, file with the board of directors of such district a petition in writing praying that said lands may be annexed to the district for the sole purpose of receiving domestic water therefrom. Such annexation is herein referred to as "domestic annexation." The petition shall describe the lands, and shall also describe the several parcels owned by the petitioners.
History:
[43-2402, added 1979, ch. 178, sec. 1, p. 530.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2403 - CONSERVATORS AND PERSONAL REPRESENTATIVES MAY SIGN PETITION.

43-2403. CONSERVATORS AND PERSONAL REPRESENTATIVES MAY SIGN PETITION. A conservator or personal representative of an estate who was appointed as such under the laws of this state may, on behalf of his ward or the estate which he represents, sign the petition mentioned in the next preceding section for domestic annexation.
History:
[43-2403, added 1979, ch. 178, sec. 1, p. 530.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2404 - NOTICE OF PETITION.

43-2404. NOTICE OF PETITION. The secretary must cause the notice of the filing of such petition to be published three (3) weeks in the manner of notices of special elections. The notice shall state the filing of such petition, the names of the petitioners, a description of the lands mentioned in said petition, and that domestic annexation thereof has been requested, and it shall notify all persons interested in or that may be affected by such domestic annexation to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the petition for domestic annexation should not be granted. The petitioners shall advance to the secretary sufficient money to pay the estimated cost of all proceedings in connection with all such domestic annexations.
History:
[43-2404, added 1979, ch. 178, sec. 1, p. 530.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2405 - HEARING OF PETITION.

43-2405. HEARING OF PETITION. The board of directors, at the time mentioned in such notice, or at such other time to which the hearing may be adjourned, shall hear the petition and all objections thereto, showing cause as aforesaid. The failure of any person to show cause as aforesaid shall be taken as an assent on his part to such domestic annexation as to the lands mentioned in the petition, or such part thereof as the board of directors shall determine.
History:
[43-2405, added 1979, ch. 178, sec. 1, p. 530.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2406 - DOMESTIC ANNEXATION FEE.

43-2406. DOMESTIC ANNEXATION FEE. The board of directors may require, as a condition to the granting of such petition, that the petitioners shall severally pay to such district such sum as the board of directors shall determine, as a fee for such domestic annexation.
History:
[43-2406, added 1979, ch. 178, sec. 1, p. 531.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2407 - ORDER ACCEPTING OR REJECTING PETITION.

43-2407. ORDER ACCEPTING OR REJECTING PETITION. The board of directors, if they deem it not for the best interest of the district to grant such domestic annexation, shall order that the petition be rejected. But if they deem it for the best interest of the district, and if no person interested shall show cause why such domestic annexation should not be granted, or if having shown cause, withdraws the same, the board may order, without any election, that domestic annexation be granted as to the lands mentioned in the petition, or some part thereof. The order shall describe the lands to which domestic annexation shall be granted, and the board may cause a survey thereof to be made if deemed necessary.
History:
[43-2407, added 1979, ch. 178, sec. 1, p. 531.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2408 - OBJECTIONS NOT WITHDRAWN — RESOLUTION OF BOARD.

43-2408. OBJECTIONS NOT WITHDRAWN — RESOLUTION OF BOARD. If any person interested shall show cause as aforesaid and shall not withdraw the same, and if the board of directors shall deem it in the best interest of the district that domestic annexation be granted as to the lands described in such petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the lands for which, in the opinion of the board, domestic annexation should be granted.
History:
[43-2408, added 1979, ch. 178, sec. 1, p. 531.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2409 - ELECTION TO DETERMINE CHANGE.

43-2409. ELECTION TO DETERMINE CHANGE. Upon adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district to determine whether such domestic annexation shall be granted, as mentioned in said resolution, and it shall fix the time at which such election shall be held. Notice thereof shall be given and published, and the said election shall be held, and all things pertaining thereto conducted, as nearly as may be, in the manner prescribed by title 43, Idaho Code, in case of an election to determine whether bonds of the district shall be issued. The question submitted to the voters shall be in the words "Domestic Annexation–Yes" or "Domestic Annexation–No", or words equivalent thereto. The notice of election shall describe the lands for which domestic annexation is proposed.
History:
[43-2409, added 1979, ch. 178, sec. 1, p. 531.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2410 - ORDER CHANGING BOUNDARIES.

43-2410. ORDER CHANGING BOUNDARIES. If the majority of all votes cast at such election shall be against the granting of such domestic annexation, the board shall proceed no further in the matter. But if a majority of such votes be in favor of the granting of such domestic annexation, the board shall thereupon order the domestic annexation of the lands described in the notice of election. Any order granting such domestic annexation shall specify to which director’s division such lands shall be attached.
History:
[43-2410, added 1979, ch. 178, sec. 1, p. 531.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2411 - ORDER TO BE RECORDED — EFFECT.

43-2411. ORDER TO BE RECORDED — EFFECT. Upon an order of domestic annexation being made a copy thereof, certified by the president and secretary of the board shall be filed for record in the recorder’s office of each county within which are situated any of the lands of the district. Thereupon such lands shall be entitled to receive domestic water from the district, and shall pay therefore [therefor] upon such basis as the board of directors shall direct. Such lands shall be subject to all laws, and rules and regulations of the district relating to domestic water. Such lands shall not be entitled to receive irrigation water from the district, and shall not be subject to assessment by the district. The owners of and/or residents on such lands shall be subject to the same voter qualifications and shall have the same voting rights in district elections as the owners of and/or residents on other lands within the district.
History:
[43-2411, added 1979, ch. 178, sec. 1, p. 532.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 24 - ANNEXATION OF PROPERTY FOR THE PURPOSE OF RECEIVING DOMESTIC WATER › Section 43-2412 - SUBSEQUENT ANNEXATION.

43-2412. SUBSEQUENT ANNEXATION. The making and filing of an order of domestic annexation shall not preclude the owners of any such lands from thereafter petitioning for annexation of such lands, or some part thereof, under the provisions of chapter 10, title 43[, Idaho Code]. Any annexation of such lands made under the provisions of such chapter 10, title 43[, Idaho Code], shall supersede any prior domestic annexation of such lands.
History:
[43-2412, added 1979, ch. 178, sec. 1, p. 532.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 25 - LOCAL IMPROVEMENT DISTRICTS › Section 43-2501 - SHORT TITLE.

43-2501. SHORT TITLE. Chapter 25, title 43, Idaho Code, shall be known and cited as the "Local Improvement District Code for Irrigation Districts."
History:
[43-2501, added 1993, ch. 407, sec. 1, p. 1476.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 25 - LOCAL IMPROVEMENT DISTRICTS › Section 43-2502 - DEFINITIONS.

43-2502. DEFINITIONS. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively given herein.
(1) "Board" means the board of directors of an irrigation district.
(2) "Costs and expenses" mean the contract price of all improvements, including any costs or expenses incurred for engineering, clerical, printing and legal services as well as for advertising, surveying, inspection of work, collection of assessments, interest upon bonds or warrants, and an amount for contingencies as shall be considered necessary by the board.
(3) "District or irrigation district" means irrigation districts organized pursuant to the provisions of chapter 1, title 43, Idaho Code.
(4) "Engineer" means the official engineer of the irrigation district or one specially retained for purposes of operating under the provisions of this chapter.
(5) "Local improvement district" means a local improvement district created within the boundaries of an irrigation district or irrigation districts under the authority of this chapter.
(6) "Owner" or "owners" mean the owner of property within the limits of a local improvement district, or a proposed local improvement district; and a corporation, joint stock association, partnership, individual proprietor or other form of business enterprise owning real property, within any such district or proposed district.
(7) "Secretary," "treasurer" or "other irrigation district officer" means the appropriate irrigation district officers with regard to irrigation district local improvement districts.
History:
[43-2502, added 1993, ch. 407, sec. 1, p. 1476.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 25 - LOCAL IMPROVEMENT DISTRICTS › Section 43-2503 - POWERS CONFERRED.

43-2503. POWERS CONFERRED. (1) The board shall have the power to make or cause to be made any one (1) or more, or combination of, the following improvements:
(a) To acquire, construct, operate, maintain, repair and replace pumping stations and pipelines and all necessary fittings, controls, components and equipment and other water facilities for the purpose of supplying water under pressure or by gravity flow for the irrigation of a described area within the boundaries of the district.
(b) To acquire, construct, reconstruct, extend, maintain or repair parks and other recreational facilities;
(c) To remove any nonconforming existing facility or structure in the areas to be improved;
(d) To construct, reconstruct, extend, maintain or repair optional improvements;
(e) To acquire by purchase, gift, condemnation, or otherwise, any real or personal property within the limits of the district as in the judgment of the board may be necessary or convenient in order to make any of such improvements;
(f) To make any other improvements now or hereafter authorized by any other law, the cost of which in whole or in part can properly be determined to be of particular benefit to a particular area within the district;
(g) To construct and install all such structures, equipment and other items and to do all such other work and to incur any such costs and expenses as may be necessary or appropriate to complete any of such improvements in a proper manner.
(2) For the purpose of making and paying for all or a part of the cost of any of such improvements, including optional improvements, the board may create local improvement districts pursuant to this chapter within the boundaries of the irrigation district, levy assessments on the property within such a district which is benefited by the making of the improvements and issue interim or registered warrants and local improvement bonds as provided in this chapter.
History:
[43-2503, added 1993, ch. 407, sec. 1, p. 1477.]