reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-214 - INITIATING RECALL PROCEEDINGS — STATEMENT — CONTENTS — VERIFICATION — DEFINITIONS.

43-214. INITIATING RECALL PROCEEDINGS — STATEMENT — CONTENTS — VERIFICATION — DEFINITIONS. Whenever any legal voter of the irrigation district, either individually or on behalf of an organization, desires to demand the recall and discharge of a director of an irrigation district, under the provisions of article VI, section 6, of the constitution of the state of Idaho, he shall prepare a typewritten petition. The petition may recite that the director has wilfully neglected or failed to perform faithfully a duty imposed by law; or acted in an arbitrary and capricious manner; or has committed an unlawful act; or has wrongfully acted so as to interfere with, interrupt, or adversely affect the performance of his official duty; or has violated his oath of office. The petition may describe the act or acts complained of, if applicable, in concise language, give a detailed description including the approximate date, location and nature of each act complained of, be signed by the person making the charge, give his respective post office address and be verified, under oath, that he believes the charge or charges to be true and that he has knowledge of the alleged facts relating to the charges if any have been alleged in the recall petition.
History:
[43-214, added 1989, ch. 337, sec. 1, p. 850.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-215 - PETITION — WHERE FILED.

43-215. PETITION — WHERE FILED. Any person making a charge shall file it with the secretary of the district, whose duty it is to receive and to promptly serve a copy of the charge upon the director whose recall is demanded.
History:
[43-215, added 1989, ch. 337, sec. 1, p. 851.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-216 - BALLOT SYNOPSIS.

43-216. BALLOT SYNOPSIS. (1) Within fifteen (15) days after receiving a petition, the secretary of the district shall formulate a ballot synopsis of not more than two hundred (200) words.
(2) The synopsis shall set forth the name of the person seeking to be recalled and if any charges have been filed in the petition, a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the secretary shall certify and transmit the exact language of the ballot synopsis to the person filing the petition and the director subject to recall. The secretary shall additionally certify and transmit the charges, if any, and the ballot synopsis to the magistrate court of the county in which the director subject to recall resides and shall petition the magistrate court to approve the synopsis and to determine the sufficiency of the charges, if any.
History:
[43-216, added 1989, ch. 337, sec. 1, p. 851.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-217 - DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS.

43-217. DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS. Within fifteen (15) days after receiving the petition, the magistrate court shall have conducted a hearing on and shall have determined, without cost to any party the adequacy of the ballot synopsis. If any charges have been included in the petition and ballot synopsis, the magistrate court shall dismiss those charges that are frivolous and designed to harass the director. The clerk of the magistrate court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the adequacy of the ballot synopsis and if any charges have been included in the petition and ballot synopsis, the sufficiency of the charges. The court shall not consider the truth of the charges if any have been included, but only their sufficiency. Any decision regarding the ballot synopsis by the magistrate court is final. The court shall certify and transmit the ballot synopsis to the director subject to recall, the person demanding the recall, and the secretary of the irrigation district.
History:
[43-217, added 1989, ch. 337, sec. 1, p. 851.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-218 - FILING SUPPORTING SIGNATURES — TIME LIMITATIONS.

43-218. FILING SUPPORTING SIGNATURES — TIME LIMITATIONS. (1) The sponsors of a recall demanded of any director of an irrigation district shall stop circulation and file all petitions with the appropriate irrigation district secretary not less than six (6) months before the next regular election in which any director is subject to reelection.
(2) The sponsors of a recall demanded of any director shall have a maximum of thirty (30) days in which to obtain and file supporting signatures after the approval of a ballot synopsis by the magistrate court.
History:
[43-218, added 1989, ch. 337, sec. 1, p. 851.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-219 - PETITION — FORM.

43-219. PETITION — FORM. Recall petitions shall be printed on single sheets of paper of good writing quality including, but not limited to, newsprint not less than eight and one-half (8
1
/2) inches in width and not less than fourteen (14) inches in length. No petition may be circulated or signed prior to the approval of a ballot synopsis by the magistrate court. Such petitions shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than his true name, or who knowingly (1) signs more than one (1) of these petitions, (2) signs this petition when he is not a legal voter, or (3) makes herein any false statement, may be fined, or imprisoned, or both.
Petition for the recall of (here insert the name of the person whose recall is petitioned for) to the (here insert the name and title of the secretary of the irrigation district with whom the charge is filed).
We, the undersigned citizens and legal voters of (the irrigation district’s official name), respectfully direct that a special election be called to determine whether or not (here insert the name of the person) be recalled and discharged from his office; and each of us for himself says: I have personally signed this petition; I am a legal voter of the state of Idaho in (the irrigation district’s official name) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.
Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof:
State of Idaho )
) ss.
County of )
I, ……………….., swear, under penalty of perjury, that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.
Subscribed and sworn to before me this ….day of …….., …..
(Notary Seal)
History:
[43-219, added 1989, ch. 337, sec. 1, p. 852; am. 2007, ch. 90, sec. 23, p. 260.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-220 - PETITION — SIZE.

43-220. PETITION — SIZE. Each recall petition at the time of circulating, signing and filing with the secretary of the irrigation district with whom it is to be filed, shall consist of not more than five (5) sheets with numbered lines for not more than twenty (20) signatures on each sheet, with the prescribed warning, title and form of petition on each sheet, and a full, true and correct copy of the original statement of the charges against the director referred to therein, printed on sheets of paper of like size and quality as the petition, firmly fastened together.
History:
[43-220, added 1989, ch. 337, sec. 1, p. 852.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-221 - NUMBER OF SIGNATURES REQUIRED.

43-221. NUMBER OF SIGNATURES REQUIRED. When the person, demanding the recall of a director has secured sufficient signatures upon the recall petition he may submit the same to the secretary of the irrigation district for filing in his office. The number of signatures required shall be equal to twenty percent (20%) of the total number of eligible voters residing in the district as compiled by the secretary.
History:
[43-221, added 1989, ch. 337, sec. 1, p. 853.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-222 - CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE.

43-222. CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE. Upon the filing of a recall petition in his office, the secretary of the irrigation district with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the person filing them and the director whose recall is demanded of the date when the petitions will be canvassed, which date shall be not less than five (5) nor more than ten (10) days from the date of its filing.
History:
[43-222, added 1989, ch. 337, sec. 1, p. 853.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-223 - VERIFICATION AND CANVASS OF SIGNATURES — PROCEDURE.

43-223. VERIFICATION AND CANVASS OF SIGNATURES — PROCEDURE. (1) Upon the filing of a recall petition, the secretary of the irrigation district shall proceed to verify and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the magistrate court. The secretary of the irrigation district may limit the number of observers if in his opinion a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides, but in no case shall fewer than two (2) observers on each side be allowed. If the secretary of the irrigation district finds the same name signed to more than one (1) petition, he shall reject all but one (1) such valid signature.
History:
[43-223, added 1989, ch. 337, sec. 1, p. 853.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-224 - FIXING DATE FOR RECALL ELECTION — NOTICE.

43-224. FIXING DATE FOR RECALL ELECTION — NOTICE. If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the secretary of the irrigation district shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the director charged shall be recalled and discharged from office. The special election shall be held not less than fourteen (14) days nor more than forty-five (45) days from the certification. Notice shall be given in the manner as required by law for all other irrigation district elections as provided in section 43-206, Idaho Code.
History:
[43-224, added 1989, ch. 337, sec. 1, p. 853.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-225 - RESPONSE TO PETITION CHARGES.

43-225. RESPONSE TO PETITION CHARGES. When a date for a special election is set, the secretary of the irrigation district shall serve a notice of the date of the election to the director whose recall is demanded and the person demanding recall. Such notice may be made only in person or by certified mail, return receipt requested. After having been served a notice of the date of the election and the ballot synopsis, the director whose recall is demanded may submit to the secretary of the irrigation district a response, not to exceed two hundred (200) words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The secretary of the irrigation district shall promptly send a copy of the response to the person who filed the petition.
History:
[43-225, added 1989, ch. 337, sec. 1, p. 853.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-226 - DESTRUCTION OF INSUFFICIENT RECALL PETITION.

43-226. DESTRUCTION OF INSUFFICIENT RECALL PETITION. If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the secretary of the irrigation district shall so notify the person filing the petition, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the secretary finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the secretary shall declare the petition null and void ab initio in its entirety.
History:
[43-226, added 1989, ch. 337, sec. 1, p. 854.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-227 - INVALID NAMES — RECORD OF.

43-227. INVALID NAMES — RECORD OF. The secretary of the irrigation district shall keep a record of all names appearing thereon which are not certified to be legal residents of the district, and of all names appearing more than once thereon, and he may report the same to the prosecuting attorneys of the respective counties where such names appear to have been signed, to the end that prosecutions may be had for such violation of the provisions of this chapter.
History:
[43-227, added 1989, ch. 337, sec. 1, p. 854.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-228 - CONDUCT OF ELECTION — FORM OF BALLOT.

43-228. CONDUCT OF ELECTION — FORM OF BALLOT. The special election to be called for the recall of directors of irrigation districts shall be conducted in the same manner as regular irrigation district elections are conducted. The secretary of the irrigation district shall provide for the holding of recall elections and the necessary places and officers, ballot boxes, ballots, poll books, voting machines, supplies, and returns as are required by law for holding regular irrigation district elections. The ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge, the director’s response to the charge if such has been filed, and shall be so arranged that any voter can, by making one cross (X), express his desire to have the director charged recalled from his office, or retained therein. The following form shall substantially comply with the provisions of this section:
RECALL BALLOT
(Here insert the ballot
(Here insert the irrigation
synopsis of the charge.)
director’s response to the
charge.)
FOR the recall of (here insert the name of the director of the irrigation district)
AGAINST the recall (here insert the name of the director of the irrigation district)
History:
[43-228, added 1989, ch. 337, sec. 1, p. 854.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-229 - ASCERTAINING THE RESULT — WHEN RECALL EFFECTIVE.

43-229. ASCERTAINING THE RESULT — WHEN RECALL EFFECTIVE. The votes on a recall election shall be counted, canvassed, and the results certified in the manner provided by law for counting, canvassing, and certifying the results of an election for directors. If a majority of all votes cast at the recall election is for the recall of the director charged, he shall thereupon be recalled and discharged from his office and there shall be declared a vacancy in the office.
History:
[43-229, added 1989, ch. 337, sec. 1, p. 855.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-230 - ENFORCEMENT PROVISIONS — MANDAMUS — APPEALS.

43-230. ENFORCEMENT PROVISIONS — MANDAMUS — APPEALS. The magistrate court of the county in which the director subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.
History:
[43-230, added 1989, ch. 337, sec. 1, p. 855.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-231 - VIOLATIONS BY SIGNERS.

43-231. VIOLATIONS BY SIGNERS. Every person who signs a recall petition with any other than his true name is guilty of a felony. Every person who knowingly (1) signs more than one (1) petition for the same recall, (2) signs a recall petition when he is not a legal voter, or (3) makes a false statement as to his residence on any recall petition is guilty of a misdemeanor.
History:
[43-231, added 1989, ch. 337, sec. 1, p. 855.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 2 - ELECTION OF DIRECTORS › Section 43-232 - VIOLATIONS — CORRUPT PRACTICES.

43-232. VIOLATIONS — CORRUPT PRACTICES. (1) Every person is guilty of a misdemeanor, who:
(a) Wilfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the contents, purpose or effect of any recall petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such recall petition;
(b) Presents to any officer for filing any recall petition to which is attached, appended or subscribed any signature which the person so filing the petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto;
(c) Circulates or causes to circulate any recall petition, knowing the same to contain false, forged or fictitious names;
(d) Makes any false affidavit concerning any recall petition or the signatures appended thereto;
(e) Offers, proposes or threatens for any pecuniary reward or consideration:
(i) To offer, propose, threaten or attempt to sell, hinder or delay any recall petition or any part thereof or any signatures thereon;
(ii) To offer, propose or threaten to desist from beginning, promoting or circulating any recall petition;
(iii) To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power of promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest.
(2) A public officer is guilty of a felony, who knowingly makes any false return, certification or affidavit concerning any recall petition, or the signatures appended thereto.
History:
[43-232, added 1989, ch. 337, sec. 1, p. 855.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-301 - ELECTION OF OFFICERS.

43-301. ELECTION OF OFFICERS. On the first Tuesday of January next following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary and treasurer, who shall each hold office during the pleasure of the board. At any regular or special meeting the board of directors may appoint an assistant secretary or an assistant treasurer, or both, and fix the duties, the length of term, and the amount of bond, of each of them.
History:
[(43-301) 1903, p. 150, part of sec. 12; am. 1907, p. 484, sec. 1, part of subd. 12; reen. R.C., sec. 2385; am. 1911, ch. 154, sec. 7, p. 461; am. 1915, ch. 86, sec. 1, p. 203; reen. C.L., sec. 2385; C.S., sec. 4343; I.C.A., sec. 42-301; am. 1933, ch. 33, sec. 1, p. 44.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-302 - OFFICE OF BOARD.

43-302. OFFICE OF BOARD. On the organization of the first board of directors of any such district they shall designate some place within the district as the office of said board: provided, that the board of directors may establish the office of the district temporarily outside of the boundary of the district, but within the county in which the same or some portion thereof is situated, in cases where the business of the district may be more conveniently transacted thereby; and if such temporary location be approved by a majority of the electors of the district voting at any regular election at which such question may be submitted then such temporary location may be fixed as the location of the office of the district for such period of years as may be designated on their ballots by the majority of such electors at such election.
History:
[(43-302) 1903, p. 150, sec. 12; am. 1907, p. 484, sec. 1; reen. R.C., sec. 2385; am. 1911, ch. 154, sec. 7, p. 461; am. 1915, ch. 86, sec. 1, parts of subd. 2385, p. 203; reen. C.L., sec. 2385a; C.S., sec. 4344; I.C.A., sec. 42-302.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-303 - MEETINGS OF BOARD.

43-303. MEETINGS OF BOARD. The board of directors shall hold a regular monthly meeting in its office, or in any other location the board deems more convenient and suitable within the boundary of the district, on the first Tuesday in every month or such date each month as it shall fix by resolution and such special meetings as may be required for the proper transaction of business. All meetings of the board shall be held in compliance with Idaho’s open meetings law as provided in chapter 2, title 74, Idaho Code.
All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business. Unless otherwise provided by law, a question before the board shall be decided by a majority of the board members present. All records of the board shall be open to the inspection of any elector during business hours. Notwithstanding any other provision of law, this section and section 43-325, Idaho Code, shall be the exclusive method for inspection of records of the board.
History:
[(43-303) 1903, p. 150, part of sec. 12; am. 1907, p. 484, sec. 1; reen. R.C., sec. 2385; am. 1911, ch. 154, sec. 7, p. 461; am. 1915, ch. 86, sec. 1, p. 203; compiled and reen. C.L., sec. 2385b; C.S., sec. 4345; I.C.A., sec. 42-303; am. 1965, ch. 38, sec. 1, p. 62; am. 2015, ch. 78, sec. 1, p. 200; am. 2019, ch. 191, sec. 1, p. 603.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-306 - LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT.

43-306. LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT. Any irrigation district now organized, or which may hereafter be organized, under the laws of the state of Idaho, shall have authority to construct drainage works for the purpose of draining, or reclaiming, any land, or lands, within such irrigation district, which authority shall be exercised by the board of directors in its discretion.
The board of directors before levy as hereinafter provided, shall determine by resolution spread on the minutes thereof if any of the lands within an irrigation district are in need of drainage, and should be drained to protect said land or other lands within said district from damage from seepage or other waters, subterranean or otherwise, then the board of directors of such district shall have the power and authority, at the time provided by law for levying assessments for the operation and maintenance of said irrigation district in addition to such assessments, to also levy an assessment against the lands of said irrigation district for drainage purposes, said levy not to exceed in any one (1) year forty per cent (40%) of the total amount levied for operation and maintenance purposes. Such assessment for drainage shall in all respects be levied and collected at the same time and in the same manner as assessments for operation and maintenance.
All funds collected for drainage purposes under the provisions hereof shall be kept in a separate fund to be known as "Drainage Fund" of said irrigation district, and the moneys in said "Drainage Fund" from time to time may be expended by the board of directors of said irrigation district.
History:
[(43-306) I.C.A., sec. 42-305A, as added by 1945, ch. 17, sec. 1, p. 25; am. 1951, ch. 48, sec. 1, p. 65.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-307 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS.

43-307. AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS. Any irrigation district heretofore or hereafter organized under the laws of this state desiring so to do, and having received the petition required by and complied with the provisions of section 43-308 as amended, and sections 43-309, 43-310, 43-311, 43-312, [Idaho Code,] may exercise, and it is hereby given, all the functions, powers and authority of a drainage district and of its board of commissioners under the laws of this state relating to drainage districts. The functions, powers and authority granted by this act shall be exercised by such irrigation district through its board of directors and, so far as may be, in the manner provided in the drainage district laws of the state.
History:
[(43-307) 1931, ch. 163, sec. 1, p. 277; I.C.A., sec. 42-306; am. 1945, ch. 4, sec. 1, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-308 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS — PETITION AND RESOLUTION.

43-308. AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS — PETITION AND RESOLUTION. After receiving a petition signed by the holders of title or evidence of title to one-fifth (1/5) of the lands within the district praying it shall do so, any irrigation district desiring to accept the provisions of this act shall so declare by resolution adopted by majority vote of its directors and spread upon its minutes, and thereupon said district shall cause to be filed with the clerk of the district court of the county in which a greater portion of the lands of said irrigation district are located, its petition praying that the court shall set a day for hearing said petition and on and after said hearing make and enter its order and decree authorizing such irrigation district to perform all of the functions of a drainage district under the laws of the state of Idaho, and that there are lands within said district which need drainage: that there shall be attached to said petition so filed with the clerk of said court a true and correct copy of the petition of the said land owners in this section provided, together with a copy of said resolution of the board of directors of said district.
History:
[(43-308) 1931, ch. 163, sec. 2, p. 277; I.C.A., sec. 42-307; am. 1945, ch. 4, sec. 2, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-309 - NOTICE OF HEARING OF PETITION.

43-309. NOTICE OF HEARING OF PETITION. After the filing of said petition the judge of said court shall fix the time for hearing said petition by order by him made, which order shall provide that said petition shall be published for at least three (3) successive weeks in some newspaper or newspapers printed and published in said county or counties in which the lands are situated, or in case no such paper is published in said county, then in some paper of general circulation therein; together with a notice of the time and place when said judge shall consider said petition.
History:
[(43-309) I.C.A., sec. 42-307a, as added by 1945, ch. 4, sec. 3, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-310 - HEARING — OBJECTIONS — FINDINGS.

43-310. HEARING — OBJECTIONS — FINDINGS. Upon the day fixed for the hearing of said petition, any person or corporation interest [interested] therein, may appear before said court and make objections in writing to the granting of said petition but said objections shall be limited to determining whether or not the granting of authority to said irrigation district to perform the duties and functions of a drainage district and as such perform such functions is a proper and advantageous method of accomplishing the reclamation and protection of swamped, bogged or water-logged lands and lands subject to overflow therein, and whether or not there is a reasonable probability that the object sought by granting such powers to said irrigation district may be accomplished, and whether or not the drainage of lands in said district will be conducive either to the public health, welfare or convenience or increase the public revenue; and at the hearing the court shall hear and consider such evidence only as may be presented for or against the petition or objections thereto. Thereupon the court shall make its findings upon the facts alleged in the petition and objections and any other facts necessary and proper for the determination of the propriety of granting such powers to said irrigation district; and if such petition be granted the judge of said court shall make findings of fact setting forth the facts found by the said judge upon the hearing of said petition.
History:
[(43-310) I.C.A., sec. 42-307b, as added by 1945, ch. 4, sec. 3, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-311 - DECREE GRANTING PETITION — VESTING OF POWERS AND AUTHORITY IN DISTRICT.

43-311. DECREE GRANTING PETITION — VESTING OF POWERS AND AUTHORITY IN DISTRICT. Upon the filing of the findings of fact at the final hearing of said petition, as set forth in the last preceding section, said judge, if he finds that the granting of said petition and the drainage of the lands in said irrigation district will be conducive either to the public health, welfare or convenience, or will increase the public revenue, or will be of special benefit to the majority of the acreage of the lands in said irrigation district, shall enter the decree of said court granting said petition. Thereupon a certified copy of same shall be filed in the office of the secretary of state: and from and after the date of said filing of said decree, said irrigation district shall be vested with all of such functions, powers and authority of a drainage district and its board of commissioners under the laws of this state relating to drainage districts. The function, powers and authority granted by this act shall be exercised by such irrigation district through its board of directors and so far as may be in the manner provided by the drainage district laws of this state.
History:
[(43-311) I.C.A., sec. 42-307c, as added by 1945, ch. 4, sec. 3, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-312 - APPEALS.

43-312. APPEALS. Appeal may be taken by any interested person from said decree of the district court to the Supreme Court by serving a written notice of such appeal upon the secretary of said board of the irrigation district, within thirty (30) days after the rendition of said decree by said court.
History:
[(43-312) I.C.A., sec. 42-307d, as added by 1945, ch. 4, sec. 3, p. 5.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-313 - ELECTRIC POWER PLANTS — CONSTRUCTION AND OPERATION.

43-313. ELECTRIC POWER PLANTS — CONSTRUCTION AND OPERATION. The board of directors of any irrigation district, organized under the laws of the state of Idaho, shall have the power to construct and operate, or to contract for the construction and operation, of electric power plants, power transmission lines, and all other works in connection therewith necessary or proper for generating and transmitting electric power, and for pumping water for irrigation and domestic use; and to contract to sell surplus power generated at such power plants.
History:
[(43-313) 1915, ch. 50, sec. 1, p. 137; reen. C.L., sec. 2386p; C.S., sec. 4348; am. 1923, ch. 27, sec. 1, p. 29; am. 1931, ch. 22, sec. 1, p. 49; I.C.A., sec. 42-308; am. 1973, ch. 183, sec. 1, p. 427.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-314 - ELECTRICAL POWER PLANTS — SALE OF SURPLUS POWER — RATIFICATION OF CONTRACT.

43-314. ELECTRICAL POWER PLANTS — SALE OF SURPLUS POWER — RATIFICATION OF CONTRACT. The question of the ratification of contracts for the sale of surplus power as provided in the preceding section shall be submitted in the same manner, and shall be governed by the same limitations and provisions as questions creating indebtedness: provided, that the form for the notices, and the form upon the prepared ballots, and the form for the returns, shall be so changed as to conform to the purposes of this and the preceding section. Notwithstanding any provisions of chapter 23, title 43, Idaho Code, or the provisions of this chapter, no election and no confirmation proceedings shall be required when the contract for construction of a hydroelectric plant by the district does not involve questions of indebtedness incurred by the district.
History:
[(43-314) 1915, ch. 50, sec. 2, p. 138; reen. C.L., sec. 2386o; C.S., sec. 4349; I.C.A., sec. 42-309; am. 2016, ch. 144, sec. 1, p. 411.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-315 - ASSESSMENT FOR EXTERMINATION OF RODENTS.

43-315. ASSESSMENT FOR EXTERMINATION OF RODENTS. The board of directors of an irrigation district may levy an assessment upon the lands within the district, not to exceed ten (10) cents per acre for the purpose of raising funds to be used for the extermination of gophers and other rodents. Said assessment shall be levied at the same time and in the same manner and with a like effect, as assessments levied for maintaining and operating the property of the district. Said assessments shall constitute a lien upon the property assessed and shall be collected, in like manner as assessments for maintenance and operation.
The funds realized from such assessment shall be used for the extermination of gophers and other rodents within the irrigation district, in such manner and by such means as the said board of directors may direct.
History:
[(43-315) 1927, ch. 42, sec. 1, p. 57; I.C.A., sec. 42-310.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-316 - LEGAL TITLE TO PROPERTY.

43-316. LEGAL TITLE TO PROPERTY. The legal title to all property acquired under the provisions of this title shall immediately and by operation of law vest in such irrigation district, and shall be held by such district in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this title. Said board is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided.
History:
[(43-316) 1903, p. 150, sec. 13; reen. R.C. sec. 2387; am. 1915, ch. 143, sec. 3, p. 304; reen. C.L., sec. 2387; C.S., sec. 4350; I.C.A., sec. 42-311.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-317 - CONVEYANCE OF PROPERTY — ACTIONS.

43-317. CONVEYANCE OF PROPERTY — ACTIONS. The said board is hereby authorized and empowered to take conveyance or other assurances for all property acquired by it under the uses and provisions of this title, in the name of such irrigation district, to and for the purposes herein expressed; and to institute and maintain any and all actions and proceedings, suits at law and in equity, necessary or proper in order to fully carry out the provisions of this title, or to enforce, maintain, protect or preserve any and all rights, privileges and immunities created by this title, or acquired in pursuance thereof. In all courts, actions, suits or proceedings the said board may sue, appear and defend, in person or by attorneys, and in the name of such irrigation district.
History:
[(43-317) 1903, p. 150, sec. 14; reen. R.C. & C.L., sec. 2388; C.S., sec. 4351; I.C.A., sec. 42-312.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-318A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.

43-318A. TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY. Whenever the board of directors of an irrigation district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longer economical to use, the district may, in lieu of the sale of said property as provided in section 43-318, Idaho Code, dispose of the property by exchanging the same in part payment for new or replacement property.
If the acquisition of the new or replacement property is required to be let to bid under the provisions of chapter 28, title 67, Idaho Code, the district shall include in its request for bids, a full description of the property to be exchanged as part payment, and shall permit any interested bidder to examine the same, and any contract let as a result of said bid shall be awarded on the basis of net cost to the district after allowance for the property to be exchanged in part payment.
Exchange of property will be permitted only when, in the opinion of the board of directors of the district, the sale of the property under the provisions of section 43-318, Idaho Code, will yield a lesser monetary return to the district than the exchange thereof as herein provided.
History:
[43-318A, added 1988, ch. 160, sec. 1, p. 290; am. 2005, ch. 213, sec. 13, p. 650.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-319 - COMPENSATION OF DIRECTORS AND OFFICERS.

43-319. COMPENSATION OF DIRECTORS AND OFFICERS. The members of the board of directors shall fix the compensation board members shall receive for each day spent attending the meetings, or while engaged in official business under the order of the board and actual and necessary expenses. The term "actual and necessary expenses," shall be deemed to include all traveling expenses and hotel expenses necessarily incurred by any director when absent from his residence in the performance of the duties of his office. The board shall fix the compensation to be paid to the other officers named in this title, to be paid out of the treasury of the district: provided, that such board shall, upon the petition of fifty (50) or a majority of the freeholders within such district, submit to the electors, at any general election, a schedule of salaries and fees to be paid hereunder. Such petition must be presented to the board twenty (20) days prior to a general election, and the result of the election shall be determined and declared in all respects as other elections are determined and declared under this title.
History:
[(43-319) 1903, p. 150, sec. 38; reen. R.C. & C.L., sec. 2389; C.S., sec. 4352; am. 1921, ch. 166, sec. 1, p. 361; am. 1923, ch. 73, sec. 1, p. 81; I.C.A., sec. 42-314; am. 1951, ch. 11, sec. 1, p. 20; am. 1969, ch. 32, sec. 1, p. 57; am. 1982, ch. 234, sec. 1, p. 617; am. 1989, ch. 338, sec. 1, p. 856.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-320 - OFFICERS MUST NOT BE INTERESTED IN CONTRACTS.

43-320. OFFICERS MUST NOT BE INTERESTED IN CONTRACTS. No director or any other officer named in this title shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision such officers shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.
History:
[(43-320) 1903, p. 150, sec. 39; reen. R.C. & C.L., sec. 2390; C.S., sec. 4353; I.C.A., sec. 42-315.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-323 - PLACE OF USE.

43-323. PLACE OF USE. A change in the generally described place of use for a water right held by an irrigation district may be made without applying for a change under the provisions of section 42-222, Idaho Code, provided the district files with the department of water resources a map portraying the changes to the generally described place of use within which the district’s water rights shall be exercised. For this filing requirement, it shall be sufficient to provide a drawing on a seven-and-one-half-minute (7-1/2) quadrangle map having a scale of one to twenty-four thousand (1:24,000) which shows the changes to the outer limits of the boundaries of the irrigation district to include each quarter-quarter section within which irrigation occurs. This map showing changes to the generally described place of use shall be filed with the department no later than April 1 of the year following the changes. Notwithstanding the filing of such map, only the legal description of an irrigation district’s boundaries recorded in compliance with title 43, Idaho Code, shall constitute conclusive proof of the district’s boundaries for purposes other than defining the generally described place of use for a water right held by the district.
History:
[(43-323) 1903, p. 150, sec. 37; reen. R.C. & C.L., sec. 2393; C.S., sec. 4356; I.C.A., sec. 42-318; am. 1998, ch. 332, sec. 3, p. 1069; am. 2019, ch. 190, sec. 8, p. 602.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-324 - STATEMENT OF FINANCIAL CONDITION.

43-324. STATEMENT OF FINANCIAL CONDITION. On or before the second Tuesday of February of each year the board of directors of each irrigation district organized under this title shall publish in at least one (1) issue of some newspaper published in the county or counties in which such district is situated, a full, true and correct statement of the financial condition of said district, at the end of the last preceding fiscal year, giving all liabilities and assets of the said district, in a form to be prescribed by the bureau of public accounts of the state of Idaho.
History:
[(43-324) 1903, p. 150, sec. 57; reen. R.C. & C.L., sec. 2394; C.S., sec. 4357; am. 1927, ch. 115, sec. 1, p. 160; am. 1931, ch. 126, sec. 1, p. 222; I.C.A., sec. 42-319; am. 1941, ch. 170, sec. 1, p. 341; am. 1998, ch. 332, sec. 4, p. 1069.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-325 - COUNTY COMMISSIONERS TO HAVE ACCESS TO BOOKS.

43-325. COUNTY COMMISSIONERS TO HAVE ACCESS TO BOOKS. Any board of directors of any such irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records and vouchers of the district which are in possession or control of said board of directors or said secretary of said board.
History:
[(43-325) 1903, p. 150, sec. 58; reen. R.C. & C.L., sec. 2395; C.S., sec. 4358; I.C.A., sec. 42-320.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-326 - POWER TO MAINTAIN PARKS.

43-326. POWER TO MAINTAIN PARKS. The board of directors of any irrigation district shall have the power to maintain public parks and recreation grounds for the benefit of the people of the district and may set aside for this purpose, land belonging to the district, including land acquired by the district from sale for delinquent water assessments. The district shall have the power to purchase land, or to acquire land by lease, within the district for public parks and recreation ground. In the maintenance of said grounds, the board of directors may construct buildings and provide facilities for recreation purposes and may receive gifts and donations of either real or personal property for the purposes hereinbefore enumerated.
History:
[(43-326) I.C.A., sec. 42-322, as added by 1935, ch. 11, sec. 1, p. 26; am. 1959, ch. 7, sec. 1, p. 21.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS › Section 43-327 - DELINQUENT ASSESSMENTS — SHUTTING OFF OF WATER.

43-327. DELINQUENT ASSESSMENTS — SHUTTING OFF OF WATER. The board of directors of any irrigation district shall have the power to refuse to deliver water for the use on any lands upon which any assessments, tolls or charges levied, assessed or charged against said lands or the owner, lessee, occupant or contract purchaser thereof, under any section of this title, whether for irrigation or domestic water service, are unpaid for more than ninety (90) days after delinquency until such assessments, tolls or charges, together with any lawful penalties and additional charges are paid.
Provided, that, in irrigation districts having a contract with the United States under the provisions of this title, for the construction, or operation, or maintenance of a domestic water system or for the repayment to the United States of a loan for any such purpose, the board of directors of such district may, by resolution, from time to time, fix a date or dates after which any or all lawful tolls and/or charges of the district, including without limitation domestic water tolls and charges, and excepting only assessments provided for in this title against real property within the district, shall be deemed delinquent. Such district shall have the right, in addition to and supplemental to all other legal rights now in effect, or hereafter acquired for the collection of any such sums, to cease delivery of domestic and irrigation water to all lands in connection with which such tolls or charges have been incurred and, at the district’s option, also to all other lands within the district belonging to the person or persons, firm, corporation or other legal entity incurring any such tolls or charges. Such delivery may be ceased at any time after the tenth day following the date any such sums become delinquent, and until all such sums together with any lawful penalties, additional charges and/or interest at the legal rate are paid.
History:
[(43-327) I.C.A., sec. 42-323, as added by 1939, ch. 269, sec. 1, p. 668; am. 1959, ch. 14, sec. 1, p. 34; am. 1965, ch. 25, sec. 1, p. 38.]