reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3106 - DIVISION OF DISTRICT — MAPS AND SURVEYS.

42-3106. DIVISION OF DISTRICT — MAPS AND SURVEYS. (1) The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such surveys of the territory to be affected by the proposed district, as will enable him to fully determine whether the same is necessary, practicable or feasible and shall prepare a report of his findings. For the purpose of making his findings, the director may advise and consult with any local governmental subdivision, irrigation district, drainage district, canal company, or any individual water user who is not a member of any such company, who or which may be interested in, or affected by, the proposed district.
(2) The director shall prepare a map of the proposed district and shall divide the proposed district into not less than three (3) nor more than nine (9) divisions so as to provide adequate representation to all of the interests within said district.
History:
[41-3106, added 1971, ch. 300, sec. 6, p. 1219; am. 2023, ch. 56, sec. 1, p. 208.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3107 - PUBLICATION OF NOTICE — CONTENTS.

42-3107. PUBLICATION OF NOTICE — CONTENTS. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the general boundaries of said district, the general outline of work, plans or improvements contemplated, and shall further state the time and place where said petition will be considered by him, and any proponents and opponents desiring to be heard shall be heard at such time and place. Such notice shall be published three (3) weeks, at three (3) consecutive weekly issues, before the date upon which said hearing will be heard, in a newspaper of general circulation within each county in which any of the lands proposed to be included within the district are located.
History:
[42-3107, added 1971, ch. 300, sec. 7, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3108 - HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING.

42-3108. HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections to the organization of the district. The petition shall be prima facie evidence of proponents of the formulation of the district, although such petitioners may withdraw their names at said hearings, or as is otherwise provided by law. The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing, and any other facts necessary for the determination of the practicability and feasibility of said district.
If the director shall recommend that said district be organized, he shall make and enter an order and record the same in the office of the county recorder of each county wherein the lands of the said district thereof are located. The order shall set forth facts as found by him upon the hearing of the petition. Upon entering and recording the order, in the manner provided, the district shall be considered as organized.
Whenever the director shall recommend against the organization of the district at the hearing, but shall recommend the formulation of a district materially different from that prayed for in the petition filed with him, there shall be no further proceedings thereon, unless the director be requested so to do by one-third (1/3) of the qualified voters therein in the same manner as provided herein for the filing of the original petition, and upon the filing of such petition the director shall be required to comply with this act as if such petition had been filed with him in the first instance.
If the director shall recommend that said district not be organized at such hearing, nothing further shall be done unless a new petition shall be filed in the manner herein provided.
History:
[42-3108, added 1971, ch. 300, sec. 8, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3109 - INITIAL BOARD OF COMMISSIONERS — APPOINTMENT — QUALIFICATION — BOND — OATH — ORGANIZATION.

42-3109. INITIAL BOARD OF COMMISSIONERS — APPOINTMENT — QUALIFICATION — BOND — OATH — ORGANIZATION. (1) The order of the director organizing said district shall name the initial members of the district board of commissioners without regard to political affiliation. Each division of the district shall be represented by one (1) commissioner. Each initial commissioner shall be a qualified elector pursuant to section 42-3118, Idaho Code, and shall reside within the division he represents.
(2) Each appointed commissioner shall be entitled to enter upon the duties of his office upon taking the oath of office as provided for in section 59-401, Idaho Code, and filing a bond to the state for the benefit of said district for the faithful performance of the commissioner’s duties. The amount of the bond shall be five thousand dollars ($5,000) with one (1) or more sureties, or a surety bond, the premium for which shall be a lawful expenditure of the district, either of which shall be approved by the judge of the district court wherein the commissioner resides; provided, the judge of the district court, upon application and proper showing by the board, may enter an order reducing the amount of the bond to such sum as may appear to him to be reasonable and adequate under the showing made. The commissioners shall take the oath of office and file their bonds within fifteen (15) days after they are appointed. The bonds of the initial commissioners shall be filed with the clerk of the district court of the county in which the office of the district is located and kept in trust by said clerk of the district court.
(3) Immediately after their appointment and the filing and approval of their bonds, the commissioners shall organize themselves into a board, as in this act provided, and shall by lot determine the terms of their office, which shall be one (1), two (2) and three (3) years, respectively.
History:
[42-3109, added 1971, ch. 300, sec. 9, p. 1219; am. 2018, ch. 193, sec. 1, p. 429; am. 2023, ch. 56, sec. 2, p. 208.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3110 - ORGANIZATION OF BOARD — APPROVAL BY COURT.

42-3110. ORGANIZATION OF BOARD — APPROVAL BY COURT. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition praying that all of the proceedings prior thereto may be examined and approved by the court.
The petition shall set forth in detail the proceedings taken prior to the entry of the order organizing the district, and the subsequent appointment and organization of the board. Upon the filing of the petition the court may require such notice to be given of the hearing on said petition as in his discretion he deems necessary and proper. At the hearing the court shall require that evidenciary [evidentiary] proof be presented of all of such proceedings taken pursuant to the rules of evidence.
In the event that the court finds that all proceedings were in conformity with this act, and that all procedures were followed, and that said district was organized in conformity with this act, then the court shall make its findings of fact, conclusions of law and order confirming these proceedings.
The order of the court entered upon the hearing of any petition shall be conclusive as the regularity of the proceedings unless appealed from within thirty (30) days after the entry of such order, provided that upon such appeal no bond shall be required, except for costs of the appeal, and no stay shall be allowed pending the appeal.
History:
[42-3110, added 1971, ch. 300, sec. 10, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3112 - VACANCIES ON BOARD — APPOINTMENT BY BOARD.

42-3112. VACANCIES ON BOARD — APPOINTMENT BY BOARD. If there is a vacancy of any commissioner position through death, resignation, failure to meet the qualification requirements of section 42-3111, Idaho Code, or removal by the director, such vacancy shall be filled by appointment by the remaining members or member of the board. Said appointee shall be a resident of the same division of the district as the commissioner whom he is replacing and shall serve for the unexpired term, or until his successor is appointed and qualified, except that, in the event the board is unable to appoint a resident of the division vacated, the board may appoint a person at-large who is a qualified elector of the district pursuant to section 42-3118, Idaho Code, to serve as commissioner of the division where the vacancy occurred. If the board fails to fill a vacancy, or if there are no members of the board due to vacancies, the director may make such appointments to represent each division of the district.
History:
[42-3112, added 1971, ch. 300, sec. 12, p. 1219; am. 2023, ch. 56, sec. 4, p. 211.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3113 - MEETINGS OF BOARD — REGULAR — SPECIAL.

42-3113. MEETINGS OF BOARD — REGULAR — SPECIAL. The board shall designate the official location of their office, which shall be within said district.
Regular meetings of the board shall be held monthly on a uniform day of a uniform week as shall be determined by the board except that by and with the prior approval of the director monthly meetings may be suspended and meetings may be held quarterly. Such regular meetings shall be held at a time and place to be fixed by the board. The board shall send a certified true copy of their order fixing the official location of their office, and the time and place of their regular meetings to the department of water resources and to any agency of the United States with whom the district is cooperating.
Special meetings and adjourned meetings of the board may be called by the chairman, vice-chairman or secretary, or any quorum of the board, and may be held at any time. If the time and place of such special meeting shall not have been determined at a meeting of the board with all members being present, then notice of the time and place of such special, or adjourned meeting, shall be given each member of the board not less than three (3) days before such special meeting is to be convened; unless such notice is waived in writing, signed by all of the members of the board present and voting at such special or adjourned meeting, and the signed waiver made a part of the minutes of such meeting.
A quorum for the transaction of business of the board shall consist of a majority of the members of the board. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman may vote in all cases, and, in the event he elects not to vote and in the case of a tie, then he must cast the deciding vote.
All meetings, regular, special and adjourned, of the board, are declared to be public meetings open to the public. Nothing herein contained shall be construed to prevent any board from holding executive sessions from which the public may be excluded; provided that no rules, regulations, or any other official action, of any kind or character, shall be adopted at such executive sessions.
History:
[42-3113, added 1971, ch. 300, sec. 13, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3114 - COMPENSATION OF COMMISSIONERS.

42-3114. COMPENSATION OF COMMISSIONERS. The commissioners of the district shall fix the compensation they shall each receive for their services, not to exceed the sum of one hundred dollars ($100) per day, and shall fix the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away from their place of residence and engaged in the business of their office, subject to the limits provided in section 67-2008, Idaho Code. The commissioners shall present an itemized account under oath on forms prescribed by the board.
History:
[42-3114, added 1971, ch. 300, sec. 14, p. 1219; am. 1978, ch. 244, sec. 1, p. 535; am. 2014, ch. 72, sec. 2, p. 184.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3116 - DIRECTOR’S APPROVAL — WHEN REQUIRED.

42-3116. DIRECTOR’S APPROVAL — WHEN REQUIRED. (1) In the event that the district’s activities and operations will alter a stream channel within the meaning of section 42-3802, Idaho Code, the district shall obtain the director’s prior approval pursuant to chapter 38, title 42, Idaho Code.
(2) The district’s conduct of a flood fight in response to a flooding emergency declared by the board shall not require a stream channel alteration permit, provided the district complies with the emergency waiver procedures consistent with section 42-3808, Idaho Code, and rules promulgated by the Idaho water resource board.
History:
[42-3116, added 2014, ch. 72, sec. 4, p. 186.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3118 - ELECTORS — QUALIFICATIONS.

42-3118. ELECTORS — QUALIFICATIONS. No person shall be entitled to vote at an election for the purpose of raising the authorized maximum levy or the ratification of contracts by a flood control district, or for any other purpose in connection with said district, unless at the time of the election he is:
1. An elector within the meaning of article 6, section 2, of the Constitution of the state of Idaho; and
2. A resident within the district for a period of thirty (30) or more days next preceding the election.
History:
[42-3118, added 1971, ch. 300, sec. 18, p. 1219; am. 1982, ch. 254, sec. 10, p. 652.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3119 - TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.

42-3119. TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said district in any manner which the commissioners shall decide is of the greatest advantage to the district. The powers herein granted to the commissioners shall not be denied them by reason of contrary provisions of any other statute, except that the district may not obtain title to any waters previously appropriated.
(2) If in the operation of the works of the flood control district or in the removal of natural obstructions from the beds of navigable lakes, rivers, and streams between the ordinary high water marks, the district acquires rock, sand or gravel aggregates, the district may dispose of such aggregate not needed for district purposes through commercial sales or by donation to public agencies. District purposes as used in this section shall include construction or reconstruction of dikes, levees, and related access facilities. If sold through commercial sales or used for nonflood control related improvements on private land, the fees required by chapter 7, title 47, Idaho Code, shall apply and shall be paid to the state board of land commissioners. If the aggregate is donated to any public agency for use by that public agency, no fees shall be imposed or collected.
(3) As used in this section, public agency means a state agency, county, municipality, or highway district.
History:
[42-3119, added 1971, ch. 300, sec. 19, p. 1219; am. 1986, ch. 142, sec. 1, p. 399.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3120 - ENLARGEMENT OF DISTRICT — PETITION.

42-3120. ENLARGEMENT OF DISTRICT — PETITION. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least one-third (1/3) of the qualified voters in the area of the proposed extension to this existing district, as shall be determined by the voters who voted in the last general election next preceding the filing of the petition for enlargement; and shall bear the indorsement of the board of the existing district certifying that the proposed enlargement is desirable.
History:
[42-3120, added 1971, ch. 300, sec. 20, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3121 - CONSOLIDATION OF DISTRICTS.

42-3121. CONSOLIDATION OF DISTRICTS. If the boards of commissioners of any two (2) or more flood control districts which are contiguous deem it for the best interests of their respective district that the same be consolidated into a single district, such boards may petition the director of the department of water resources, state of Idaho, for an order consolidating the said districts.
History:
[42-3121, added 1971, ch. 300, sec. 21, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3122 - PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING.

42-3122. PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING. Upon receiving a petition for the consolidation of two (2) or more flood control districts, the director shall investigate the condition of such districts, and all questions affecting such proposed consolidation, and within a reasonable time shall give and publish a notice of the proposed consolidation, which notice shall state a time and place where said petition will be considered by him, and any proponents of objections desiring to be heard shall be heard at such time and place. Such notice shall be published two (2) weeks in three (3) consecutive weekly issues before the date upon which the same is to be heard, in a newspaper of general circulation within each county in which any of the lands within the said proposed consolidation district are located.
History:
[42-3122, added 1971, ch. 300, sec. 22, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3123 - DIRECTOR’S FINDINGS ON PETITION AND HEARING.

42-3123. DIRECTOR’S FINDINGS ON PETITION AND HEARING. The director shall, at the hearing herein provided, permit any person or corporation interested in the proposed consolidation or in any of its objects or purposes, to appear and make objection to the consolidation of said district.
The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing and any facts based on his own investigation and any other facts necessary for the determination of the practicability and feasibility and desirability of said consolidation.
History:
[42-3123, added 1971, ch. 300, sec. 23, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3124 - DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED.

42-3124. DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED. The director shall recommend for or against the consolidation, basing his decision on his findings of facts and stating his reasons. If the director shall recommend that the districts be not consolidated, nothing further shall be done, unless a new petition shall be filed in the manner herein provided. If the director shall recommend that the districts be consolidated, he may make and enter an order consolidating the districts and record said order in the office of the county recorder of each county wherein the lands in said consolidated district are located. The order shall also divide the consolidated district into not less than three (3) nor more than nine (9) divisions, and shall name the commissioners appointed by him for the consolidated district. The consolidated district shall be known and described by the name and number of the largest district of those consolidated. In the case of the consolidation of two (2) or more districts which are contiguous and already existing and concerning each of which the confirmation of proceedings has already been obtained, procedure the same in all respects as herein specified for the creation of an original flood control district shall be followed by the board of the consolidated district for the purpose of procuring a like order, or orders, of the district court touching such consolidation.
History:
[42-3124, added 1971, ch. 300, sec. 24, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3125 - DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION.

42-3125. DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION. The director may upon receiving a petition for consolidation of two (2) or more flood control districts, order an election to be held, subject to the provisions of section 34-106, Idaho Code, in each district. If two-thirds (2/3) of the qualified voters in each district, voting at the election, shall vote in favor of consolidation, the director shall make and enter an order consolidating the districts as in the preceding section. If fewer than two-thirds (2/3) of the qualified voters in any district voting at the election shall vote in favor of the consolidation, nothing further shall be done, unless a new petition shall be filed in the manner herein provided.
History:
[42-3125, added 1971, ch. 300, sec. 25, p. 1219; am. 1995, ch. 118, sec. 62, p. 478.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3126 - DISSOLUTION OF DISTRICT.

42-3126. DISSOLUTION OF DISTRICT. A district may be dissolved by the district court for the county in which the office of a district was last located, on complaint or petition of parties holding and owning:
1. Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or
2. Fifty per cent (50%) or more of all land located within the boundaries of such district; or
3. Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district; or
4. Upon the complaint of the director of the department of water resources.
It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district:
1. That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it will ever function in the future.
2. That no useful purpose exists for the further continuance of the organization of the district.
3. That there are not sufficient qualified voters of such district to hold a legal election.
History:
[42-3126, added 1971, ch. 300, sec. 26, p. 1219.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3127 - EXCLUSION OF A DIVISION.

42-3127. EXCLUSION OF A DIVISION. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qualified electors residing within the territory of the division and the petition must:
(1) Show that the division either plans to join another existing district or form a new district.
(2) Describe the impacts on the remainder of the district after the division is excluded.
(3) Describe the benefits to the division that will result from its exclusion from the original district.
(4) Be in proper form as required by section 42-3105, Idaho Code, to proceed with the formation of a new district or be in proper form as required by section 42-3120, Idaho Code, to proceed with the addition of the division to an already existing district.
(5) Present an equitable division of assets and liabilities between the division and the remaining district.
Upon receipt, the director shall examine the petition, and if in proper form and if it appears that an equitable distribution of assets and liabilities can be made, the director shall proceed with the publication of notice, as described in section 42-3107, Idaho Code. The director shall, at the hearing, permit any person or corporation interested in the exclusion of the division to appear and present testimony and evidence in support of or against exclusion of the division. The director shall base his findings upon allegations in the petition, testimony and evidence presented at the hearing and any other facts necessary for the determination of the practicability and feasibility of exclusion of the division.
If the director shall recommend that a division should be excluded, he shall make and enter his findings in the form of a petition to the district court for the county in which the largest portion of the division is located. The district court may then order the exclusion of a division.
If the director shall determine that a division should not be excluded, nothing further shall be done, unless a new petition is filed in a similar manner as described above.
At such time as the division is excluded by the district court, the new district or enlargement of an existing district shall be ordered by the director in accordance with section 42-3108, Idaho Code.
The director may redivide the district from which the division was excluded in order to meet the requirements of section 42-3106, Idaho Code.
History:
[42-3127, added 1984, ch. 240, sec. 1, p. 586.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3128 - EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES.

42-3128. EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES. The distribution of assets and liabilities made necessary by the exclusion of a division from a flood control district pursuant to section 42-3127, Idaho Code, shall be established by decree of the district court. In order to establish the distribution of assets and liabilities between the remaining district and the excluded division, the court may consider the director’s findings and recommendations, county tax records and district records.
History:
[42-3128, added 1984, ch. 240, sec. 2, p. 587.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3129 - PETITION FOR ANNEXATION OF LAND.

42-3129. PETITION FOR ANNEXATION OF LAND. The holder or holders of any title, or evidence of title, representing any body of lands, may file with the board of commissioners of a flood control district a petition in writing praying that said land may be annexed into the district. The lands proposed to be annexed to the district may be contiguous or noncontiguous to the existing boundaries of the district. The petition shall be submitted on a form provided by the district. The petition shall contain a legal description of the lands proposed to be annexed and any other information the district may require, and the petitioners shall state under oath that petitioners hold title to the lands. The board may require petitioners to advance to the district sufficient money to pay the district’s estimated costs of proceedings on the petition.
History:
[42-3129, added 2020, ch. 249, sec. 1, p. 730; am. 2021, ch. 158, sec. 1, p. 437.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3130 - GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION.

42-3130. GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION. A guardian, executor, or administrator of an estate who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate that he represents, may, on behalf of the ward or the estate that he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in this chapter for the change of boundaries of the district.
History:
[42-3130, added 2020, ch. 249, sec. 2, p. 731.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3131 - NOTICE OF PETITION.

42-3131. NOTICE OF PETITION. The district shall cause a notice of the filing of such petition to be published in the manner provided in section 42-3117, Idaho Code. The notice shall contain the names of the petitioners and a description of the lands mentioned in the petition. The notice shall provide that all persons interested in or that may be affected by the proposed annexation may appear at the office of the board, at a time named in the notice, and show cause in writing, if they have any, why the lands mentioned should not be annexed to the district.
History:
[42-3131, added 2020, ch. 249, sec. 3, p. 731.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3132 - HEARING OF PETITION.

42-3132. HEARING OF PETITION. The board of commissioners, at the time mentioned in the notice, or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on the person’s part to a change of the boundaries of the district as prayed for in the petition, or to such a change thereof as will include a part of the lands.
History:
[42-3132, added 2020, ch. 249, sec. 4, p. 731.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3133 - ORDER REJECTING OR ACCEPTING PETITION.

42-3133. ORDER REJECTING OR ACCEPTING PETITION. If the board of commissioners deems a proposed annexation not to be in the best interest of the district, the board shall reject the petition. If the board deems the proposed annexation in the best interest of the district, the board may order the lands identified in the petition or some part thereof be annexed into the district. The lands annexed to the district may be contiguous or noncontiguous to the existing boundaries of the district. The annexation order shall describe the lands to be annexed into the district, and the board may cause a survey thereof to be made if deemed necessary. Thereafter, the annexed land shall be included within the boundaries of the district and shall be subject to such assessments from time to time as the board levies pursuant to section 42-3115, Idaho Code. The board shall state in its minutes at its next regular meeting in which division in the district the annexed lands shall be included, and, if it deems necessary, the board shall make an order redividing the district into divisions, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of the district.
History:
[42-3133, added 2020, ch. 249, sec. 5, p. 731; am. 2021, ch. 158, sec. 2, p. 437.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 31 - FLOOD CONTROL DISTRICTS › Section 42-3134 - ORDER TO BE RECORDED.

42-3134. ORDER TO BE RECORDED. The board of commissioners shall cause a copy of the annexation order, certified by the chairman and secretary of the board, to be filed for record in the recorder’s office of the county or counties within which the annexed lands are situated, and thereupon the district shall be and remain a flood control district as fully and to every intent and purpose as if the annexed lands that are included in the district’s boundaries had been included at the original organization of the district.
History:
[42-3134, added 2020, ch. 249, sec. 6, p. 732.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3201 - DECLARATION OF PURPOSE.

42-3201. DECLARATION OF PURPOSE. It is hereby declared that the organization of water and sewer districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts.
History:
[42-3201, added 1947, ch. 152, sec. 1, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3202 - DEFINITION OF TERMS.

42-3202. DEFINITION OF TERMS. A water district is one to supply water for domestic, commercial, and/or industrial purposes by any available means, and for that purpose any such district shall have power to extend its water lines to the source of water supply.
A sewer district is one to provide for sewage disposal and for that purpose any such district shall have power to extend its sewer lines to an appropriate outlet.
A district may be created for a combination of water and sewer purposes, or either of said purposes. A district may be entirely within or entirely without, or partly within and partly without one (1) or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.
The word "board" as used in this chapter shall mean the board of directors of a district.
A "qualified elector" of a district, within the meaning of and entitled to vote under this chapter, unless otherwise specifically provided herein, is a person qualified to vote at general elections in this state, and who has been a bona fide resident of the district for at least thirty (30) days prior to any election in the district.
Wherever the term "publication" is used in this chapter and no manner specified therefor, it shall mean publication twice, the first time not less than twelve (12) days prior to the election and the second time not less than five (5) days prior to the election, as provided in section 34-1406, Idaho Code.
History:
[42-3202, added 1947, ch. 152, sec. 2, p. 364; am. 1955, ch. 63, sec. 1, p. 122; am. 1957, ch. 29, sec. 1, p. 40; am. 1974, ch. 101, sec. 1, p. 1202; am. 1975, ch. 189, sec. 1, p. 529; am. 1995, ch. 118, sec. 63, p. 479.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3202A - RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION.

42-3202A. RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION. A recreational water and/or sewer district is one in which less than a majority of the landowners or state lessees or federal permittees in the district sought to be created reside within the district and at least fifty percent (50%) of the land area of said district is in a natural state, or used for agricultural purposes.
The actual or potential development anticipated for said district shall be predominantly recreational in character. The district or areas near the district shall meet one (1) or more of the following criteria: have unique scenic value; man-made or natural recreational facilities such as waterways, marinas, ski slopes, wilderness areas; provide open space; and be removed from large, densely populated urban areas. Recreational water and/or sewer districts shall provide services and/or facilities to landowners or state lessees or federal permittees. The proposed district shall be in the best interests of the state of Idaho in that the benefits derived by property owners shall effectuate the preservation and development of recreational opportunities within the state.
An annexation shall not change the status of a recreational water and/or sewer district.
History:
[42-3202A, added 1975, ch. 189, sec. 2, p. 529; am. 1979, ch. 272, sec. 1, p. 707; am. 1980, ch. 191, sec. 1, p. 422; am. 1982, ch. 364, sec. 1, p. 914; am. 2016, ch. 278, sec. 1, p. 766.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3202B - WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF RECREATIONAL WATER AND/OR SEWER DISTRICTS — CREATION.

42-3202B. WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF RECREATIONAL WATER AND/OR SEWER DISTRICTS — CREATION. Each petition filed with the clerk of the district court pursuant to the provisions of this chapter shall be verified and the petitioner shall certify or prove to the satisfaction of the court that the district sought to be created is a recreational water and/or sewer district under the terms of section 42-3202A, Idaho Code. The court decree pursuant to the provision of section 42-3207, Idaho Code, determining the nature of such district pursuant to the petitioner’s prayer shall be conclusive for this and all other purposes. If the water and/or sewer district sought to be created is a recreational water and/or sewer district as defined in section 42-3202A, Idaho Code, such recreational water or sewer district shall be created in the manner provided in chapter 32, title 42, Idaho Code, except that the term, "qualified elector" shall mean any natural person who is qualified to vote in an Idaho general election, and who is an actual resident of the district, or who is an actual resident of Idaho, owning land within the boundaries of the district or area to be included within the district, or is a lease holder of a state recreational lease, or is a permit holder of a federal recreational use permit and pays personal property tax on improvements on the lease or permit area, irrespective of his or her place of residence in Idaho. The holder or holders of a bona fide contract to purchase any land within the proposed district whose names appear upon the next preceding county assessment roll for the payment of taxes on the land shall be deemed an owner of land for the purposes of this section.
History:
[42-3202B, added 1979, ch. 272, sec. 2, p. 708; am. 1980, ch. 191, sec. 2, p. 422; am. 1982, ch. 364, sec. 2, p. 915; am. 1995, ch. 118, sec. 64, p. 479.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3202C - CHANGING STATUS OF DISTRICT.

42-3202C. CHANGING STATUS OF DISTRICT. The board of directors of a water and/or sewer district may, at any time after the formation of such district, determine that the district qualifies as a recreational water and/or sewer district as defined under section 42-3202A, Idaho Code, and that it is in the best interest of the district to petition the court to change the district’s status to a recreational water and/or sewer district. Said petition must be filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the existing district is situated. The petition must be signed by the chairman of the district’s board of directors and shall set forth the following:
(1) The name of the existing district, date on which said district was formed and a general description of the district’s boundaries.
(2) That the petition was initiated after a majority vote of the board of directors that it is in the best interest of the district to change its status to a recreational water and/or sewer district.
(3) The criteria the district meets under section 42-3202A, Idaho Code, thereby qualifying it as a recreational water and/or sewer district.
(4) A prayer for changing the status of the existing district to that of a recreational water and/or sewer district.
Upon filing of the petition, the court shall by order fix a time and place for hearing as provided in section 42-3206, Idaho Code. Upon the hearing of said petition any interested persons or corporations may appear before said court and make objections to the proposed status change. Further, if it then shall appear that the petition for a change in status has been signed and presented as hereinabove provided and the allegations of the petition are true, the court shall by order duly entered of record, grant the prayed for change of status of the existing district.
History:
[42-3202C, added 1988, ch. 302, sec. 1, p. 958.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3203 - JURISDICTION TO ESTABLISH DISTRICTS.

42-3203. JURISDICTION TO ESTABLISH DISTRICTS. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish districts which may be entirely within or partly within and partly without the judicial district in which said court is located.
History:
[42-3203, added 1947, ch. 152, sec. 3, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3204 - PETITION — CONTENTS — AMENDMENTS.

42-3204. PETITION — CONTENTS — AMENDMENTS. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the proposed district is situated. The petition shall be signed by not less than ten per cent (10%) of the taxpayers of the district, who pay a general tax on real property owned by him or her within the district; provided, however, that no single tract or parcel of property containing five (5) acres or more may be included in any district organized under this act without the consent of the owner or owners thereof.
The petition shall set forth:
(1) The name of the proposed district consisting of a chosen name preceding the words, "water district" or "sewer district," or "water and sewer district."
(2) A general description of the improvements to be constructed or installed within and for the district.
(3) The estimated cost of the proposed improvements.
(4) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
(5) A prayer for the organization of the district.
No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.
History:
[42-3204, added 1947, ch. 152, sec. 4, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3205 - BOND OF PETITIONERS.

42-3205. BOND OF PETITIONERS. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district be not effected. If at any time during the proceeding the court shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, not less than ten (10) days distant, and upon failure of the petitioner to execute the same, the petition shall be dismissed.
History:
[42-3205, added 1947, ch. 152, sec. 5, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3206 - NOTICE OF HEARING ON PETITION — JURISDICTION.

42-3206. NOTICE OF HEARING ON PETITION — JURISDICTION. Immediately after the filing of such petition, the court wherein such petition is filed or a judge thereof in vacation, shall by order fix a place and time, not less than twenty (20) days nor more than forty (40) days after the petition is filed, for hearing thereon and thereupon the clerk of said court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of said court shall also forthwith cause a copy of said notice to be mailed by U.S. registered mail to the board of county commissioners of each of the several counties and to the governing body of each municipality having territory within the proposed district.
The district court in and for the county in which the petition for the organization of a district has been filed, shall thereafter for all purposes of this act, except as hereinafter otherwise provided, maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the district, and of the real property proposed to be included in said district or affected by said district without regard to the usual limits of its jurisdiction.
No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any proposed district.
History:
[42-3206, added 1947, ch. 152, sec. 6, p. 364.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 32 - WATER AND SEWER DISTRICTS › Section 42-3208 - QUALIFICATION OF MEMBERS OF BOARD.

42-3208. QUALIFICATION OF MEMBERS OF BOARD. Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
History:
[42-3208, added 1947, ch. 152, sec. 8, p. 364.]