reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1776 - WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT.

42-1776. WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT. There is hereby created and established in the agency asset fund the water resources conservation and development trust account. All moneys in the account are to be utilized by the Idaho water resources board, upon appropriation by the legislature, to conduct water project feasibility and engineering studies authorized in conjunction with the powers and duties of the board as provided in section 42-1734, Idaho Code, and to secure revenue bonds authorized by section 42-1739, Idaho Code.
The state treasurer is directed to invest all moneys in the account. All interest or other income occurring from such investment shall accrue to the account.
In the event that a project is approved subsequent to a feasibility study funded from the account, the funds expended from the account shall be included as a cost of the project to be repaid to the fund through repayments contracted by the board. It shall be the duty of the board to specify such repayment provisions without regard to the source of funding of the project.
History:
[42-1776, added 1979, ch. 325, sec. 2, p. 884.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1777 - WATER RESOURCES ADJUDICATION FUND.

42-1777. WATER RESOURCES ADJUDICATION FUND. (1) A water resource adjudication fund is hereby created and established in the state treasury. The state controller may establish multiple fund details within the fund to account for fees collected from different adjudications. Fee moneys in the fund are to be utilized by the department of water resources, upon appropriation by the legislature, to pay the costs of the department attributable to general water rights adjudications conducted pursuant to chapter 14, title 42, Idaho Code.
The state treasurer is directed to invest all moneys in the fund. All interest or other income accruing from such investment shall accrue to the appropriate fund detail.
(2) Fee moneys in the fund may also be utilized by the judiciary, upon appropriation by the legislature, to pay for judicial expenses directly relating to each adjudication including, but not limited to, compensation and expenses of special masters appointed by the Idaho supreme court or by the district court, compensation and expenses of clerical staff of the district court, and publication, notice and mailing costs incurred by the district court.
History:
[42-1777, added 1985, ch. 18, sec. 4, p. 31; am. 1986, ch. 220, sec. 24, p. 582; am. 2006, ch. 400, sec. 5, p. 1224.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1778 - WATER RIGHTS ENFORCEMENT ACCOUNT.

42-1778. WATER RIGHTS ENFORCEMENT ACCOUNT. (1) The water rights enforcement account is hereby created and established in the agency asset fund.
(2) All moneys in the water rights enforcement account are reserved, set aside, appropriated and made available until expended as may be directed by the director of the department of water resources in carrying out a water rights enforcement program.
History:
[42-1778, added 1986, ch. 313, sec. 9, p. 774.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1779 - STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.

42-1779. STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT. Pursuant to the provisions of Idaho law and legislative funding approval, the Idaho water resource board and the Idaho department of water resources shall conduct a statewide comprehensive aquifer planning and management effort over a ten (10) year period of time beginning in fiscal year 2009. Funding for the statewide comprehensive aquifer planning and management effort shall be used for technical studies, facilitation services, hydrologic monitoring, measurement and comprehensive plan development as well as for personnel costs, operating expenses and capital outlay associated with the statewide comprehensive aquifer planning and management effort.
History:
[42-1779, added 2008, ch. 134, sec. 2, p. 377.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD › Section 42-1780 - AQUIFER PLANNING AND MANAGEMENT FUND — SECONDARY AQUIFER PLANNING, MANAGEMENT AND IMPLEMENTATION FUND.

42-1780. AQUIFER PLANNING AND MANAGEMENT FUND — SECONDARY AQUIFER PLANNING, MANAGEMENT AND IMPLEMENTATION FUND. (1) The aquifer planning and management fund is hereby created in the state treasury. Pursuant to appropriation, moneys in the fund shall be used for technical studies, facilitation services, hydrologic monitoring, measurement and comprehensive plan development as well as for personnel costs, operating expenditures and capital outlay associated with the statewide comprehensive aquifer planning and management effort. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund.
(2) There is hereby created in the state treasury, the secondary aquifer planning, management and implementation fund, hereinafter referred to as the secondary fund. The secondary fund shall consist of moneys appropriated to the fund, moneys voluntarily contributed by water users or through water delivery entities or districts having authority to contribute, or through contributions, gifts or grants from any other source, and any other moneys that may hereafter be provided by law. All moneys in the secondary fund shall be used for the purposes for which the moneys were provided through appropriation, contribution or otherwise, and moneys in the secondary fund are appropriated continuously to the water resource board for technical studies, project management services, hydrologic monitoring, measurement and comprehensive plan development, as well as for personnel costs, operating expenditures, capital outlay and water projects associated with the statewide comprehensive aquifer planning and management effort, and shall not be subject to the provisions of the standard appropriations act of 1945 or the provisions of section 67-3516, Idaho Code. The state treasurer shall invest the idle moneys of the fund, and the interest earned on such investments shall be retained by the fund.
History:
[42-1780, added 2008, ch. 321, sec. 3, p. 890; am. 2010, ch. 356, sec. 1, p. 934.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 18 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES › Section 42-1801 - APPOINTMENT, OATH AND BOND OF DIRECTOR OF DEPARTMENT.

42-1801. APPOINTMENT, OATH AND BOND OF DIRECTOR OF DEPARTMENT. The director of the department of water resources shall be appointed by the governor for a term of four (4) years commencing as of the first Monday of January, 1975, and thereafter for like terms of four (4) years commencing on the first Monday of January of each such terms of office, and until his successor shall be appointed and qualified in the manner as herein provided, and shall, before entering upon the discharge of the duties of his office, take and subscribe an oath to faithfully discharge the duties of his office. The director of the department of water resources shall also be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. If the office of director shall be vacated by the incumbent by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment; and the appointee shall hold his office for the balance of the unexpired term of four (4) years and until his successor is appointed and qualified.
History:
[42-1801, added 1943, ch. 58, sec. 6, p. 120; am. 1970, ch. 12, sec. 1, p. 21; am. 1971, ch. 136, sec. 31, p. 522; am. 1974, ch. 20, sec. 27, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 18 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES › Section 42-1801a - NAME OF DEPARTMENT CHANGED.

42-1801a. NAME OF DEPARTMENT CHANGED. Wherever the words department of reclamation or department of water administration appear in the Idaho Code they shall mean the department of water resources, and wherever the words state reclamation engineer or deputy state reclamation engineer appear in the Idaho Code they shall mean the director of the department of water resources or the deputy director of the department of water resources, respectively.
History:
[42-1801a, added 1970, ch. 12, sec. 2, p. 21; am. 1974, ch. 20, sec. 28, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 18 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES › Section 42-1802 - POLITICAL ACTIVITY PROHIBITED.

42-1802. POLITICAL ACTIVITY PROHIBITED. The director of the department of water resources shall not, during his incumbency, take any active part in political party management or in political campaigns, nor shall he use his official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body.
History:
[42-1802, added 1943, ch. 58, sec. 7, p. 120; am. 1974, ch. 20, sec. 29, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 18 - DIRECTOR OF DEPARTMENT OF WATER RESOURCES › Section 42-1803 - REMOVAL.

42-1803. REMOVAL. The governor may remove the director of the department of water resources for inefficiency, neglect of duty, or misconduct in office, delivering to him a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten (10) days’ notice; such hearing to be held publicly in the office of the governor at the capitol.
If the director shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such director, and his findings thereon, together with a complete record of the proceedings.
History:
[42-1803, added 1943, ch. 58, sec. 8, p. 120; am. 1974, ch. 20, sec. 30, p. 533.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2001 - ACCEPTANCE OF THE CAREY ACT.

42-2001. ACCEPTANCE OF THE CAREY ACT. The state of Idaho accepts the conditions of section 4 of an act of congress, entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes," approved August 18, 1894, and the acts amendatory thereof, together with all the grants of land to the state under the provisions of the aforesaid act and its amendments.
The selection, management and disposal of said land shall be vested in the department of water resources.
History:
[(42-2001) 1895, p. 215, secs. 1, 2; reen. 1899, p. 282, ch. 2, secs. 1, 2; reen. R.C. & C.L., sec. 1613; am. 1919, ch. 8, sec. 44, p. 67; C.S., sec. 2996; I.C.A., sec. 41-1701.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2002 - DUTIES OF DEPARTMENT.

42-2002. DUTIES OF DEPARTMENT. The department of water resources shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this chapter; keep for public inspection maps or plats, on a scale of two (2) inches to the mile, of all lands selected; receive entries of settlers on these lands, and hear or receive the final proof of their reclamation; and do any and all work required in carrying out the provisions of this chapter. It shall have authority to administer oaths whenever necessary in the performance of its duties.
History:
[(42-2002) 1895, p. 215, ch. 2, sec. 5; reen. 1899, p. 282, ch. 2, sec. 5; modified 1905, p. 131, sec. 30; compiled and reen. R.C. & C.L., sec. 1614; C.S., sec. 2997; I.C.A., sec. 41-1702.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2003 - PROPOSALS TO CONSTRUCT IRRIGATION WORKS.

42-2003. PROPOSALS TO CONSTRUCT IRRIGATION WORKS. Any person, company of persons, association or incorporated company, constructing, having constructed or desiring to construct, ditches, canals or other irrigation works to reclaim land under the provisions of this chapter, shall file with the department of water resources a request for the selection, on behalf of the state, by the department, of the land to be reclaimed designating said land by legal subdivisions.
This request shall be accompanied by a proposal to construct the ditch, canal or other irrigation works necessary for the complete reclamation of the land asked to be selected. The proposal shall be prepared in accordance with the rules of the department of water resources of Idaho as adopted by the director and with the regulations of the department of the interior; and shall be accompanied by the certificate of the director of the department of water resources that application for permit to appropriate water has been filed in its office, together with the department’s report thereon. It shall state the source of water supply, the location and dimensions of the proposed works, the estimated cost thereof, the price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, said perpetual rights to embrace a proportionate interest in the canal or other irrigation works, together with all the rights and franchises attached thereto, and whether the applicants intend to apply for settlement of the lands under the provisions of section 42-2013A, Idaho Code.
In the case of incorporated companies it shall state the name of the company, the purpose of its incorporation, the names and places of residence of its directors and officers, the amount of its authorized and of its paid up capital. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties, and such other facts as will enable the director to determine his or their financial ability to carry out the proposed undertaking.
History:
[(42-2003) 1895, p. 215, ch. 2, sec. 6; reen. 1899, p. 282, ch. 2, sec. 6; reen. R.C. & C.L., sec. 1615; C.S., sec. 2998; I.C.A., sec. 41-1703; am. 1974, ch. 164, sec. 1, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2004 - CERTIFIED CHECK TO ACCOMPANY PROPOSAL.

42-2004. CERTIFIED CHECK TO ACCOMPANY PROPOSAL. A certified check for a sum not less than $250 nor more than $2500, as may be determined by the rules of the department, shall accompany each request and proposal, the same to be held as a guaranty of the execution of the contract with the state, in accordance with its terms, by the party submitting such proposal, in case of the approval of the same and the selection of the land by the department, and to be forfeited to the state in case of failure of said parties to enter into a contract with the state in accordance with the provisions of this chapter.
History:
[(42-2004) 1895, p. 215, ch. 2, sec. 7; reen. 1899, p. 282, ch. 2, sec. 7; reen. R.C. & C.L., sec. 1616; C.S., sec. 2999; I.C.A., sec. 41-1704.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2005 - APPLICATION FOR APPROPRIATION PERMIT TO BE FILED.

42-2005. APPLICATION FOR APPROPRIATION PERMIT TO BE FILED. The person, company of persons, association or incorporated company making application to the department of water resources for the selection of lands by the state, shall have filed with the department an application for a permit to appropriate water for the reclamation of the lands described in his request. This application for a permit shall be of a form prescribed by the department of water resources, and shall be accompanied by two (2) copies of a map of the land to be selected, and it shall show accurately the location and dimensions of the proposed irrigation works. The maps of the lands and proposed irrigation works shall be prepared in accordance with the regulations of the department of water resources of the state of Idaho and the rules of the department of the interior.
History:
[(42-2005) 1895, p. 215, ch. 2, sec. 8; reen. 1899, p. 282, ch. 2, sec. 8; reen. R.C. & C.L., sec. 1617; C.S., sec. 3000; I.C.A., sec. 41-1705.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2006 - SUBMISSION OF PROPOSAL TO DEPARTMENT.

42-2006. SUBMISSION OF PROPOSAL TO DEPARTMENT. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department of the interior. If it does not, it is to be returned for correction; but, if it does so comply, the department shall examine the same and make a written report, stating whether or not the proposed works are feasible, whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; and whether or not a permit to divert and appropriate water through the proposed works has been approved by the department; whether the capacity of the proposed works is adequate to reclaim the land described; whether or not the proposed cost of construction is reasonable; and whether or not the maps filed in its office comply with the requirements of said department and the regulations of the department of the interior; also whether or not the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the aforesaid act of congress and the rules and regulations of the department of the interior thereunder.
History:
[(42-2006) 1895, p. 215, ch. 2, sec. 9; reen. 1899, p. 282, ch. 2, sec. 9; modified 1905, p. 131, sec. 30; compiled and reen. R.C. & C.L., sec. 1618; C.S., sec. 3001; I.C.A., sec. 41-1706.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2007 - ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION.

42-2007. ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION. It shall be the duty of the department to satisfy itself as to the financial ability of the applicant to do the things which will be required to be done in the event the application is approved.
In case of approval, the department shall file in the local land office a request for the withdrawal of the land described in said proposal.
No request on which the department of water resources has reported adversely, either as to the water supply, the feasibility of the construction, the cost or capacity of the works or as to the character of the lands sought to be irrigated, shall be approved by the department.
History:
[(42-2007) 1895, p. 215, ch. 2, sec. 10; reen. 1899, p. 282, ch. 2, sec. 10; modified 1905, p. 131, sec. 30; compiled and reen. R.C., sec. 1619; am. 1917, ch. 104, sec. 1, p. 379; reen. C.L., sec. 1619; C.S., sec. 3002; I.C.A., sec. 41-1707.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2008 - ADVERSE REPORT BY DEPARTMENT.

42-2008. ADVERSE REPORT BY DEPARTMENT. In case the department of water resources shall report adversely upon the proposed irrigation works, or where requests and proposals are not approved by the department, the said department shall notify the parties making such proposal of such action and the reasons therefor. The parties so notified shall have sixty (60) days in which to submit a satisfactory proposal; but the department may, at its discretion, extend the time to six (6) months.
History:
[(42-2008) 1895, p. 215, ch. 2, sec. 11; reen. 1899, p. 282, ch. 2, sec. 11; compiled and reen. R.C. & C.L., sec. 1620; C.S., sec. 3003; I.C.A., sec. 41-1708.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2009 - CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS.

42-2009. CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed ditch, canal or other irrigation works, the amount of water per acre which said works will make available at the water user’s headgate, the price and terms per acre at which such works and perpetual water rights shall be sold to settlers and the price and terms upon which the state is to dispose of the lands to settlers. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum equal to five per cent (5%) of the estimated cost of the works, and shall be conditioned for the faithful performance of the provisions of the contract with the state.
Should it appear at any time, in the judgment of the department of water resources, that the water supply of the party or parties with which such contract had been made, is inadequate to properly and sufficiently irrigate the lands so proposed in said contract to be irrigated, or that water rights have been sold to the full carrying capacity of the proposed ditch, canal or other irrigation works, or that water rights have been sold by said party or parties to the full amount or in excess of the actual appropriation of water made by said party or parties or to the full amount or in excess of the supply of water made actually available by said parties, then in that event the department of water resources shall have the right to enter an order forbidding said parties from making any further or additional sales of water rights or of shares of stock in any company representing or evidencing water rights, and after the entry of such order all further or additional sales of such water or water rights, shares of stock and contracts to sell the same made by said party or parties shall be null and void, and said department of water resources shall have the power to refuse to issue entryman’s certificates thereon. This section shall apply to contracts heretofore made as well as contracts hereafter to be made by the department.
History:
[(42-2009) 1895, p. 215, ch. 2, sec. 12; reen. 1899, p. 282, ch. 2, sec. 12; reen. R.C., sec. 1621; am. 1917, ch. 104, sec. 1, p. 379; reen. C.L., sec. 1621; am. 1919, ch. 70, secs. 1, 2, p. 247; C.S., sec. 3004; I.C.A., sec. 41-1709.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2010 - CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS.

42-2010. CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS. No contract shall be made by the department which requires a greater time than five (5) years for the construction of the works, but such time may be extended by the department for a period not exceeding three (3) years. All contracts shall state that the work shall begin within six (6) months from date of contract; that at least one-tenth (1/10) of the construction work shall be completed within two (2) years from the date of said contract and that the construction shall be prosecuted diligently and continuously to completion. A failure to complete the works within the time required by the contract, or an extension thereof as herein provided, shall forfeit to the state all rights under the same.
This section shall apply to contracts heretofore made as well as to contracts hereafter to be made by the department.
History:
[(42-2010) 1895, p. 215, ch. 2, sec. 13; reen. 1899, p. 282, ch. 2, sec. 13; reen. R.C., sec. 1622; am. 1911, ch. 35, secs. 1, 2, p. 75; reen. C.L., sec. 1622; C.S., sec. 3005; I.C.A., sec. 41-1710.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2011 - FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT.

42-2011. FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT. Upon the failure of any parties having contracts with the state for the reclamation of lands segregated under the Carey Act to commence the construction of such ditches, canals or other irrigation works within the time specified by the contract or to perform all of the requirements of said contract within the time specified in said contract with the state to the satisfaction of the director of the department of water resources, it shall be the duty of the director to give such parties written notice of such failure, and if, after a period of sixty (60) days from the sending of such notice, they shall have failed to proceed with the work or to conform to the provisions of their contract with the state, the bond and contract of such parties and all works constructed thereunder shall be at once and thereby forfeited to the state.
It shall be the duty of the director at once so to declare and give notice once each week for a period of four (4) weeks in some newspaper of general circulation in the county in which the work is situated and in one (1) newspaper at the state capital in like manner and for a like period of the forfeiture of said contract, and that upon a fixed day proposals will be received at the office of the department for the purchase of ditches, canals, other irrigation works, water rights and all other rights, privileges and benefits obtained under the provisions of the said contract and for the performance of the provisions of said contract with the state. The time for receiving said bids shall be at least sixty (60) days subsequent to the issuing of the last notice of forfeiture. Upon the request of any bidder the director shall specify in particular the needful things to be done in order to accomplish the substantial and satisfactory performance of said contract, and the director may require good and sufficient bond for such performance before confirming such sale. The money received by the department from the sale under the provisions of this section shall first be applied to the expenses incurred by the state in the forfeiture and disposal and to satisfying the bond, and the surplus, if any exists, shall be paid into the Carey Act trust fund created under section 42-2018, Idaho Code.
History:
[(42-2011) 1895, p. 215, ch. 2, sec. 14; reen. 1899, p. 282, ch. 2, sec. 14; modified 1905, p. 131, sec. 30; compiled and reen. R.C., sec. 1623; am. 1917, ch. 104, p. 380; compiled and reen. C.L., sec. 1623; C.S., sec. 3006; I.C.A., sec. 41-1711; am. 1974, ch. 164, sec. 2, p. 1397; am. 2001, ch. 183, sec. 18, p. 628.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2012 - STATE NOT TO BE RESPONSIBLE FOR WORK.

42-2012. STATE NOT TO BE RESPONSIBLE FOR WORK. Nothing in this chapter shall be construed as authorizing the director to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.
History:
[(42-2012) 1895, p. 215, ch. 2, sec. 15; reen. 1899, p. 282, ch. 2, sec. 15; reen. R.C. & C.L., sec. 1624; C.S., sec. 3007; I.C.A., sec. 41-1712; am. 1974, ch. 164, sec. 3, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2013 - ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS — PUBLICATION OF NOTICE OF OPENING — PREFERENCE TO EX-SERVICE PERSONS.

42-2013. ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS — PUBLICATION OF NOTICE OF OPENING — PREFERENCE TO EX-SERVICE PERSONS. Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractor, it shall be the duty of the director of the department of water resources, by publication once each week in some newspaper of the county in which said lands are situated, and one (1) newspaper at the state capital, for a period of four (4) weeks, to give notice that said land, or any part thereof as the director in his discretion may deem is for the best interests of the state, is open for settlement, the price for which said land will be sold to settlers by the state and the contract price at which settlers can purchase water rights or shares in such works provided, however, that in said notice two (2) dates of opening shall be stated, the first of which shall be at least thirty (30) days prior to the second. Said notice shall state that at the first opening only ex-service persons may participate in the entry and selection of land, and that on the day of opening all those present will be allowed to make a selection by lot, the method of drawing by lot to be determined by the director of the department of water resources; and that said notice shall state that due proof that they are ex-service persons, will be required of all applicants for the entry and selection of land at the first opening, and shall state what proof will be required.
For the purpose of any drawing and/or selection of land for entry under this section or section 42-2013A, Idaho Code, a husband and wife shall be allowed to join their entries and receive a total of three hundred twenty (320) acres in one drawing or selection. A spouse of an ex-service person, whether or not an ex-service person, shall be considered an ex-service person for the purpose of joining entries under the ex-service person preference granted in this act.
History:
[(42-2013) 1899, p. 282, ch. 2, sec. 16; am. 1901, p. 191, sec. 6; reen. R.C. & C.L., sec. 1625; C.S., sec. 3008; am. 1921, ch. 156, sec. 1, p. 348; I.C.A., sec. 41-1713; am. 1974, ch. 164, sec. 4, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2013A - PREFERENCE.

42-2013A. PREFERENCE. Any other provision of this chapter notwithstanding, any person or group of persons proposing a project as provided in section 42-2003, Idaho Code, who intend to apply for settlement and entry of the lands for which the project is proposed, shall be given the right of first selection and entry before any lands in the project are opened by the director for settlement as provided in section 42-2013, Idaho Code. This section shall apply to any lands for which a project is proposed regardless of the number of acres proposed to be included.
History:
[42-2013A, as added by 1974, ch. 164, sec. 5, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2015 - STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND.

42-2015. STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND. It shall be unlawful for any state official or state employee or appointee of this state having anything to do, directly or indirectly, with the disposal of Carey Act or other public lands of this state, during his or her term of office, to enter, file upon, or make application to enter or file upon any Carey Act lands of this state.
History:
[(42-2015) 1911, ch. 51, sec. 1, p. 117; reen. C.L., sec. 1626a; C.S., sec. 3010; I.C.A., sec. 41-1715.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2016 - DUTY OF DEPARTMENT.

42-2016. DUTY OF DEPARTMENT. It shall be unlawful for the department of water resources, or for any public officer or agent of the state having immediate charge of the filing and entering and distribution of Carey Act lands, during his term of office, to issue to any of the persons indicated in the preceding section any certificate of entry or filing heretofore referred to in the preceding section.
History:
[(42-2016) 1911, ch. 51, sec. 2, p. 117; reen. C.L., sec. 1626b; C.S., sec. 3011; I.C.A., sec. 41-1716.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2017 - PENALTY FOR VIOLATING PRECEDING SECTIONS.

42-2017. PENALTY FOR VIOLATING PRECEDING SECTIONS. Any of said officers, employees, appointees or agents aforesaid who shall violate any of the provisions of the two (2) preceding sections shall be punished by a fine not to exceed $1000, or by imprisonment in the penitentiary of the state of Idaho for a term not to exceed five (5) years.
History:
[(42-2017) 1911, ch. 51, sec. 3, p. 117; reen. C.L., sec. 1626c; C.S., sec. 3012; I.C.A., sec. 41-1717.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2018 - CAREY ACT TRUST FUND — CONTINUING APPROPRIATION.

42-2018. CAREY ACT TRUST FUND — CONTINUING APPROPRIATION. As provided in the act of congress all moneys received by the department of water resources from the sale of lands selected under the provisions of this chapter shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the department of water resources incurred in carrying out the provisions of this chapter.
Such expenses shall be paid by the state controller in the manner provided by law, upon vouchers duly approved by the state board of examiners, for the work performed under the direction of the department of water resources; and any balance remaining over and above the expense necessary to carry out the provisions of this chapter shall constitute a trust fund in the hands of the state treasurer to be used only for the reclamation of other arid lands; provided, however, that any funds in the hands of the state treasurer in excess of fifty thousand dollars ($50,000) may be loaned by the department of finance in the manner and form prescribed by the laws of this state for the loan of school funds; provided, also, that said department of finance shall have and is hereby granted power and authority to sell, transfer or assign said securities, or any part thereof, whenever said department of water resources shall determine that the Carey Act fund has use for, and needs, the money aforesaid in carrying out the purposes of the trust imposed upon the state by the laws of the state or United States. No sale, transfer or assignment, aforesaid, shall be made by said department of finance for less than the face value and accrued interest of said securities.
History:
[(42-2018) 1895, p. 215, ch. 2, sec. 18; reen. 1899, p. 282, ch. 2, sec. 18; am. R.C., sec. 1627; am. 1911, ch. 219, sec. 1, p. 701; C.L., sec. 1627; C.S., sec. 3013; I.C.A., sec. 41-1718; am. 1969, ch. 466, sec. 6, p. 1326; am. 1994, ch. 180, sec. 84, p. 484.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2020 - SETTLEMENT AFTER NOTICE OF AVAILABILITY OF WATER.

42-2020. SETTLEMENT AFTER NOTICE OF AVAILABILITY OF WATER. Where land was unentered at the time that the person, company or corporation authorized to construct irrigation works under the provisions of this chapter gave notice to the settlers under such works that they were prepared to furnish water under the term of their contract with the state, then such settlers or any new entryman entering land after such notice shall have the same time in which to make cultivation, proof and reclamation as is provided in section 42-2019, that is to say, that the time shall start from the date of entry instead of from the date of the notice given.
History:
[(42-2020) R.C., sec. 1628a, as added by 1913, ch. 125, sec. 1, p. 472; reen. C.L., sec. 1628a; C.S., sec. 3015; I.C.A., sec. 41-1720.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2021 - FINAL PROOF AFTER DEATH OF ENTRYMAN.

42-2021. FINAL PROOF AFTER DEATH OF ENTRYMAN. In all cases where lands have been entered under the provisions of section 42-2014 where entryman or his assignee has died prior to making final proof of reclamation, settlement and occupation, proof of reclamation may be made by an executor, administrator, heir or devisee, and proof of settlement may be made by such person or persons, or by an agent thereof. Any such entry may be devised or shall descend as other real estate.
History:
[(42-2021) 1911, ch. 14, sec. 1, p. 30; reen. C.L., sec. 1628b; C.S., sec. 3016; I.C.A., sec. 41-1721.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2022 - ISSUANCE OF PATENT.

42-2022. ISSUANCE OF PATENT. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the settler.
History:
[(42-2022) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C. & C.L., sec. 1629; C.S., sec. 3017; I.C.A., sec. 41-1722.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2023 - LANDS ELIMINATED FROM PROJECT — REPAYMENT OF FEES, COMMISSIONS, AND PURCHASE MONEYS — REPAYMENT UPON CANCELLATION OF ENTRY.

42-2023. LANDS ELIMINATED FROM PROJECT — REPAYMENT OF FEES, COMMISSIONS, AND PURCHASE MONEYS — REPAYMENT UPON CANCELLATION OF ENTRY. In all cases where it shall, upon due proof being made, appear to the satisfaction of the director of the department of water resources that persons have made entry under what is commonly known as the Carey Act Laws of the state of Idaho, and have paid to the state of Idaho any fees, commissions or purchase moneys as required by the laws of the state of Idaho relating to Carey Act entries, which entries were, and the lands embraced in such entries have been, by order of the state board of land commissioners, the director of the department of water resources, or final decree of a court of competent jurisdiction, eliminated from the Carey Act project or segregation of which it was a part, and such order of elimination or judgment is based upon the ground that the water supply was deficient, and the entry is canceled or relinquished, the treasurer of the state of Idaho is authorized to repay to such persons or their legal representatives the fees, commissions and purchase moneys so paid by them, upon proper showing and presentation of such claim.
History:
[(42-2023) 1921, ch. 52, sec. 1, p. 83; I.C.A., sec. 41-1723.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2024 - MANNER OF REPAYMENT.

42-2024. MANNER OF REPAYMENT. Such claim shall be paid from the funds herein appropriated by warrant drawn by the state controller upon the treasurer of the state upon allowance of a verified claim by the state board of examiners in the manner provided by law, but no claim shall be allowed except the approval of the director of the department of water resources be indorsed thereon.
History:
[(42-2024) 1921, ch. 52, sec. 2, p. 83; I.C.A., sec. 41-1724; am. 1994, ch. 180, sec. 85, p. 484.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2025 - APPURTENANCY OF WATER RIGHTS.

42-2025. APPURTENANCY OF WATER RIGHTS. The water rights to all lands acquired under the provisions of this chapter shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.
History:
[(42-2025) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629a; C.S., sec. 3018; I.C.A., sec. 41-1725.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2026 - LIEN FOR PURCHASE PRICE OF WATER RIGHT.

42-2026. LIEN FOR PURCHASE PRICE OF WATER RIGHT. Any person, company or association, furnishing water for any tract of land, shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of said land; said lien to remain in full force and effect until the last deferred payment for the water right is fully paid and satisfied according to the terms of the contract under which said water right was acquired.
History:
[(42-2026) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629c; C.S., sec. 3019; I.C.A., sec. 41-1726.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2027 - RECORD OF WATER CONTRACT.

42-2027. RECORD OF WATER CONTRACT. The contract for the water right upon which the aforesaid lien is founded shall be recorded in the office of the recorder of the county where said land is situate.
History:
[(42-2027) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., sec. 1629; reen. C.L., sec. 1629b; C.S., sec. 3020; I.C.A., sec. 41-1727.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2028 - FORECLOSURE OF LIEN.

42-2028. FORECLOSURE OF LIEN. Upon default of any of the deferred payments secured by any lien under the provisions of this chapter, the person, company of persons, association or incorporated company, holding or owning said lien, may foreclose the same according to the terms and conditions of the contract granting and selling to the settler the water right.
History:
[(42-2028) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629d; C.S., sec. 3021; I.C.A., sec. 41-1728.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2029 - FORECLOSURE SALE.

42-2029. FORECLOSURE SALE. All sales shall be advertised in a newspaper of general circulation, published in the county where said land and water right is situate, for three (3) consecutive weeks, and shall be sold to the highest bidder at the front door of the courthouse of the county, or such place as may be agreed upon by the terms of the aforesaid contract. And the sheriff of said county shall in all such cases give all notices of sale, and shall sell all such lands and water rights, and shall make and execute a certificate of sale to the purchaser thereof.
History:
[(42-2029) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629f; C.S., sec. 3023; I.C.A., sec. 41-1730; am. 1974, ch. 164, sec. 8, p. 1397.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2030 - FORECLOSURE SALE — LIMITATION ON BID OF LIENHOLDER.

42-2030. FORECLOSURE SALE — LIMITATION ON BID OF LIENHOLDER. At such sale no person, company of persons, association or incorporated company, owning and holding any lien, shall bid in or purchase any land or water right at a greater price than the amount due on said deferred payment for said water right and land, and the costs incurred in making the sale of said land and water right.
History:
[(42-2030) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629f; C.S., sec. 3023; I.C.A., sec. 41-1730.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2031 - RECORD OF CERTIFICATE OF SALE.

42-2031. RECORD OF CERTIFICATE OF SALE. Upon issuing any certificate of sale it shall be the duty of the sheriff to file for record in the office of the recorder of the county where such land is situated, a certified copy of such certificate of sale.
History:
[(42-2031) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., part of sec. 1629; reen. C.L., sec. 1629g; C.S., sec. 3024; I.C.A., sec. 41-1731.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2032 - DISPOSITION OF PROCEEDS OF SALE.

42-2032. DISPOSITION OF PROCEEDS OF SALE. Where such land and water rights are not purchased by the lienholder at such foreclosure sale, it shall be the duty of the sheriff to first pay the lienholder out of the proceeds of such sale, the amount of the lien, together with all interest, costs and fixed charges thereon, and to pay any balance remaining to the person against whom such lien has been foreclosed, and for his services in such cases the sheriff shall receive the same fees as are provided by the law in civil cases.
History:
[(42-2032) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629h; C.S., sec. 3025; I.C.A., sec. 41-1732.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 20 - RECLAMATION OF CAREY ACT LANDS › Section 42-2033 - REDEMPTION BY OWNER.

42-2033. REDEMPTION BY OWNER. At any time within nine months after the foreclosure sale by the sheriff of the land and water rights aforesaid, the original owner against whom the lien has been foreclosed, may apply to the person, company of persons, association or incorporated company, purchasing at such sale, to redeem such land and water rights and the purchaser shall assign the certificate of sale of such land and water rights to such original owner, upon the payment by him within such nine months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon. In case the original owner shall redeem the land and water rights sold as aforesaid, he shall file for record in the office of the recorder, the certificate of sale assigned to him by the purchaser as aforesaid, upon his redemption of such land and water rights.
History:
[(42-2033) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., sec. 1629; reen. C.L., sec. 1629i; C.S., sec. 3026; I.C.A., sec. 41-1733.]