reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 8 - REPOSSESSION OF WATER RIGHTS UPON ISSUANCE OF TAX DEED › Section 43-805 - OUTSTANDING BONDS NOT AFFECTED — DUTY OF DIRECTORS.

43-805. OUTSTANDING BONDS NOT AFFECTED — DUTY OF DIRECTORS. The election of an irrigation district to cancel delinquent taxes in favor of the irrigation district and accept in lieu thereof title to the water right for the payment of which said taxes were levied, shall in nowise impair outstanding bonds or obligations of the irrigation district, and upon such an election by an irrigation district as herein provided, the board of directors shall:
1. Either set aside in a sinking fund with the state treasurer as the acting treasurer of the irrigation district an amount sufficient to pay the unpaid balance of the taxes to be levied upon the land for which the water right was purchased, based upon the assessments of benefits as confirmed by the court in the proceedings confirming the sale of bonds of said irrigation district;
2. Or shall provide an equivalent assessment of benefits against other lands of equal value.
History:
[(43-805) 1931, ch. 34, sec. 5, p. 67; I.C.A., sec. 42-805.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 8 - REPOSSESSION OF WATER RIGHTS UPON ISSUANCE OF TAX DEED › Section 43-806 - PURPOSE OF CHAPTER.

43-806. PURPOSE OF CHAPTER. The purpose of the procedure herein provided is to permit an irrigation district to repossess a water right not paid for and to exclude the land from the benefits theretofore assessed on account of said water right.
History:
[(43-806) 1931, ch. 34, sec. 6, p. 67; I.C.A., sec. 42-806.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-901 - CONTRACTS FOR CONSTRUCTION WORK AND PURCHASING.

43-901. CONTRACTS FOR CONSTRUCTION WORK AND PURCHASING. The provisions relative to competitive bidding set forth in chapter 28, title 67, Idaho Code, apply to all irrigation districts of the state of Idaho, but shall be subject to the provisions of any specific statute pertaining to the letting of any contract, purchase or acquisition of any commodity or thing by soliciting and receiving competitive bids therefor, and shall not be construed as modifying or amending the provisions of any such statute, nor preventing the irrigation district from doing any work by its own employees.
History:
[43-901, as added by 1975, ch. 49, sec. 2, p. 94; am. 1983, ch. 27, sec. 1, p. 76; am. 1984, ch. 136, sec. 4, p. 324; am. 2002, ch. 100, sec. 1, p. 275; am. 2005, ch. 213, sec. 14, p. 650.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-902 - CONSTRUCTION WORK — ADDITIONAL ITEMS.

43-902. CONSTRUCTION WORK — ADDITIONAL ITEMS. The term construction work as herein used, shall be deemed to include the erection of pump houses and electrical and other pumps or appliances for raising water onto the lands, as well as dams, headgates, ditches, laterals and other irrigation works. There may be included in any contract for construction, maintenance, interest and power charges for such period as the directors and the contractor may agree, not to exceed three (3) years, and when so included, interest, electrical, or other power and maintenance charges for the term agreed upon may be paid in bonds of the district to the amount agreed upon.
History:
[(43-902) Last part of R.C., sec. 2404a, as added by 1913, ch. 169, sec. 1, p. 541; reen. C.L., sec. 2416a; C.S., sec. 4404; I.C.A., sec. 42-902.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-903 - NOTICE FOR BIDS DISPENSED WITH.

43-903. NOTICE FOR BIDS DISPENSED WITH. On the petition of fifty (50) or a majority of the owners of land in said district, to be determined as provided by section 43-101, Idaho Code, the board of directors may do any work mentioned in the preceding section on behalf of the district, and it may use the construction fund therefor; in such case they need not publish notice for bids as provided in section 43-901, Idaho Code.
History:
[(43-903) 1903, p. 150, sec. 33a, as added by 1907, p. 484, sec. 1, subd. 33a; reen. R.C. & C.L., sec. 2417; C.S., sec. 4405; I.C.A., sec. 42-903; am. 2005, ch. 213, sec. 15, p. 652.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-904 - PAYMENT OF CLAIMS.

43-904. PAYMENT OF CLAIMS. No claim shall be paid by the district until allowed by the board of directors, and only upon a warrant or check signed by two (2) officers authorized by the board.
History:
[(43-904) 1903, p. 150, sec. 34; reen. R.C. & C.L., sec. 2418; C.S., sec. 4406; I.C.A., sec. 42-904; am. 1967, ch. 211, sec. 2, p. 641.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-906 - INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES.

43-906. INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES. The board of directors shall have power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross, in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said work shall unite with said board in forming said intersections and crossings and grant the privileges aforesaid; and if such railroad company and said board, or the owners and controllers of said property, thing or franchise to be crossed, cannot agree upon the amount to be paid therefor, or upon the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking of land.
History:
[(43-906) 1903, p. 150, part of sec. 36; am. R.C. & C.L., sec. 2420; C.S., sec. 4408; I.C.A., sec. 42-906.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-907 - RIGHT OF WAY OVER STATE LANDS.

43-907. RIGHT OF WAY OVER STATE LANDS. The right of way is hereby given, dedicated and set apart, to locate, construct and maintain said works over and through any of the lands which are now or may be the property of the state.
History:
[(43-907) 1903, p. 150, part of sec. 36; reen. R.C. & C.L., sec. 2421; C.S., sec. 4409; I.C.A., sec. 42-907.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 9 - CONSTRUCTION WORK AND ACQUIREMENT OF PROPERTY › Section 43-908 - RIGHT OF EMINENT DOMAIN.

43-908. RIGHT OF EMINENT DOMAIN. All irrigation districts organized under the laws of the state of Idaho shall have the right of eminent domain, with the power by and through their boards of directors, to cause to be condemned and appropriated in the name of and for the use of said districts, all lands, water rights, reservoirs, canals and works constructed or being constructed by private owners, and lands for reservoirs for the storage of needful waters, and all necessary appurtenances and other property necessary for the construction, use and supply, maintenance, repair and improvement of said canal or canals and works. Said irrigation districts shall have the right by and through their boards of directors to acquire by purchase or other legal means, any or all of the property mentioned and referred to in this section. In any action or proceeding for the condemnation of any property mentioned and referred to in this section, wherein said irrigation district is a party, the plaintiff must, within six (6) months after final judgment, pay the sum of money assessed, or said judgment will be annulled. Except as otherwise provided in this section, the provisions of the laws of Idaho relative to the right of eminent domain, civil actions and new trials and appeals, shall be applicable to, and constitute the rules of practice in, condemnation proceedings by said irrigation districts.
History:
[(43-908) 1907, p. 221, secs. 1, 2, 3, 4; reen. R.C. & C.L., sec. 2422; C.S., sec. 4410; I.C.A., sec. 42-908.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1001 - PETITION FOR ANNEXATION OF LAND.

43-1001. PETITION FOR ANNEXATION OF LAND. The holder or holders of any title, or evidence of title, representing any body of lands, may file with the board of directors of an irrigation district a petition in writing praying that said land may be annexed. The petition shall contain a legal description of the lands, the proposed method by which water will be delivered and any other information the district may require, and the petitioners shall state under oath that petitioners hold the title of one-half (1/2) or more of said lands.
History:
[(43-1001) 1903, p. 150, sec. 44; am. 1907, p. 484, sec. 1; am. R.C. & C.L., sec. 2423; C.S., sec. 4411; I.C.A., sec. 42-1001; am. 1990, ch. 340, sec. 1, p. 924.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1002 - GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION.

43-1002. GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION. A guardian, executor or an administrator of an estate who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in this chapter for the change of boundaries of the district.
History:
[(43-1002) 1903, p. 150, sec. 54; am. R.C. & C.L., sec. 2424; C.S., sec. 4412; I.C.A., sec. 42-1002.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1003 - NOTICE OF PETITION.

43-1003. NOTICE OF PETITION. The secretary must cause a notice of the filing of such petition to be published three (3) weeks in the manner of notices of special elections. The notice shall state the filing of such petition, and the names of the petitioners, a description of the lands mentioned in the said petition, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this chapter.
History:
[(43-1003) 1903, p. 150, sec. 45; am. 1907, p. 484, sec. 1, subd. 45; reen. R.C. & C.L., sec. 2425; C.S., sec. 4413; I.C.A., sec. 42-1003; am. 1990, ch. 340, sec. 2, p. 924.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1004 - HEARING OF PETITION.

43-1004. HEARING OF PETITION. The board of directors, at the time mentioned in said notice or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands.
History:
[(43-1004) 1903, p. 150, sec. 46; am. 1907, p. 484, sec. 1, subd. 46; reen. R.C. & C.L., sec. 2426; C.S., sec. 4414; I.C.A., sec. 42-1004; am. 1990, ch. 340, sec. 3, p. 924.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1005 - ASSESSMENTS AGAINST PETITIONERS.

43-1005. ASSESSMENTS AGAINST PETITIONERS. The board of directors may require, as a condition to the granting of said petition, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated, as said petitioners, or their grantors, would have been required to pay such district, had such lands been included in such district, at the time the same was originally formed.
History:
[(43-1005) 1903, p. 150, sec. 47; am. 1907, p. 484, sec. 1, subd. 47; reen. R.C. & C.L., sec. 2427; C.S., sec. 4415; I.C.A., sec. 42-1005.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1006 - ORDER ACCEPTING OR REJECTING PETITION.

43-1006. ORDER ACCEPTING OR REJECTING PETITION. The board of directors, if they deem it not for the best interest of the district to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interest of the district, the board may order the lands mentioned in said petition or some part thereof be annexed to said district. The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary, and said order will not become effective until the ninety (90) day period for presentation of an election petition shall have expired without such petition being presented or until approval of the annexation at an election.
History:
[(43-1006) 1903, p. 150, sec. 48; am. 1907, p. 484, sec. 1, subd. 48; reen. R.C. & C.L., sec. 2428; C.S., sec. 4416; I.C.A., sec. 42-1006; am. 1990, ch. 340, sec. 4, p. 924.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1008 - ELECTION TO DETERMINE CHANGE.

43-1008. ELECTION TO DETERMINE CHANGE. If within ninety (90) days of board approval of an order allowing annexation a petition signed by either ten (10) landowners or by two percent (2%) of the landowners, whichever number is greater, of the district is presented to the board which petition states that those signing request an election to approve or disapprove said annexation, then the board shall order an election be held within said district to determine whether the boundaries of the district shall be changed as mentioned in said order; and shall fix the time at which such election shall be held. Notice thereof shall be given and published, and such election shall be held, and all things pertaining thereto conducted, in the manner prescribed by this title in case of an election to determine whether bonds of the district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the lands to be annexed to said district.
History:
[(43-1008) 1903, p. 150, sec. 50; am. 1907, p. 484, sec. 1, subd. 50; reen. R.C. & C.L., sec. 2430; C.S., sec. 4418; I.C.A., sec. 42-1008; am. 1990, ch. 340, sec. 6, p. 925.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1009 - ORDER CHANGING BOUNDARIES.

43-1009. ORDER CHANGING BOUNDARIES. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall rescind its order and it shall be of no force or effect. But if a majority of such votes be in favor of such change, the order shall have full force and effect. Thereafter such land so annexed shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an (an) order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.
History:
[(43-1009) 1903, p. 150, sec. 51; am. 1907, p. 484, sec. 1, subd. 51; reen. R.C. & C.L., sec. 2431; C.S., sec. 4419; I.C.A., sec. 42-1009; am. 1990, ch. 340, sec. 7, p. 925.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1010 - ORDER TO BE RECORDED.

43-1010. ORDER TO BE RECORDED. Upon a change of the boundaries of a district becoming effective, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder’s office of the county within which the annexed lands are situated, and thereupon the district shall be and remain an irrigation district, as fully and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries as aforesaid, had been included therein at the original organization of the district.
History:
[(43-1010) 1903, p. 150, sec. 52; reen. R.C. & C.L., sec. 2432; C.S., sec. 4420; I.C.A., sec. 42-1010; am. 1990, ch. 340, sec. 8, p. 926; am. 2001, ch. 192, sec. 1, p. 657.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 10 - ANNEXATION OF LANDS TO DISTRICT › Section 43-1011 - ORDER RECORDED IN MINUTES — MINUTES AS EVIDENCE.

43-1011. ORDER RECORDED IN MINUTES — MINUTES AS EVIDENCE. Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary of the board shall record in the minutes of the board, the petition aforesaid, and the said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the petition.
History:
[(43-1011) 1903, p. 150, sec. 53; reen. R.C. & C.L., sec. 2433; C.S., sec. 4421; I.C.A., sec. 42-1011.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1101 - PETITION.

43-1101. PETITION. Any person or persons owning land within any irrigation district and forming a part thereof may file with the board of directors of such irrigation district a petition in writing requesting the exclusion of the land or lands owned by them and described in the petition from the irrigation district. As many parties owning separate tracts or parcels of lands in any irrigation district or who are united in interest to which the same state of facts apply, may unite in the same petition. The petition shall be signed by all of the petitioners, but need not be acknowledged. A filing fee in the amount of five dollars ($5.00) for each parcel of land described in the petition shall accompany the filing of each petition, plus an exclusion fee in the amount of twenty-five dollars ($25.00) for each lot containing less than one (1) acre which is in a subdivision as defined in section 50-1301, Idaho Code, or an exclusion fee of fifty dollars ($50.00) for each parcel containing less than one (1) acre that is not in a subdivision, or an exclusion fee of fifty dollars ($50.00) for each acre and additional portion thereof in all other parcels of property, for which the district shall provide a suitable receipt evidencing payment. Any petition not accompanied by the required filing fee and exclusion fee shall be returned to the petitioner. The filing fee and the exclusion fee are borne by the petitioner and are not potentially apportionable costs as provided in sections 43-1105, 43-1106 and 43-1107, Idaho Code.
A person or persons purchasing land under a written contract shall be deemed to be the owners of that land for purposes of this section.
History:
[43-1101, added 1905, p. 220, sec. 1; am. R.C., sec. 2434; am. 1911, ch. 46, sec. 1, p. 102; reen. C.L., sec. 2434; C.S., sec. 4422; I.C.A., sec. 42-1101; am. 1972, ch. 325, sec. 1, p. 804; am. 1974, ch. 155, sec. 1, p. 1386; am. 1978, ch. 312, sec. 1, p. 803; am. 1988, ch. 134, sec. 1, p. 241; am. 1990, ch. 181, sec. 1, p. 387; am. 2017, ch. 94, sec. 1, p. 242.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1102 - GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES.

43-1102. GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES. (a) The grounds and reasons for exclusion of lands from an irrigation district are listed as follows:
1. The lands are too high to be watered without pumping by the owners of the lands from water owned or controlled by the irrigation district;
2. The owners of the lands have installed a good and sufficient water system independent of the water system of such irrigation district for the irrigation of the lands because the district does not own a sufficient water right to furnish an adequate water supply for those lands;
3. The lands in their present condition are not agricultural lands and the irrigation district has not:
(i) Adopted a resolution to construct a distribution system for the lands pursuant to section 43-333, Idaho Code; or
(ii) Called an election on the question of constructing a distribution system for the lands under the provisions of section 43-329, Idaho Code; or
(iii) Independently or in cooperation with a city or county established a local improvement district to construct a distribution system for the lands; or
(iv) Constructed a distribution system for the lands; or
4. Prior to acquisition of the land by the petitioning owner, and without his knowledge or consent, the ditch or other transmission facility extending from the delivery point of the district to the lands has been rendered permanently incapable of carrying water to the lands, but this ground for exclusion shall only apply to parcels less than five (5) acres in size.
(b) If the lands sought to be excluded from an irrigation district under this section or under sections 43-1110 through 43-1117, Idaho Code, are benefited by surface drainage facilities of the irrigation district pursuant to sections 43-306 to 43-312, Idaho Code, but otherwise would qualify for exclusion, the lands shall be excluded for purposes of irrigation but shall remain a part of the district for purposes of drainage and shall continue to be assessable for drainage, but shall not be assessed for irrigation water.
History:
[(43-1102) I.C. sec. 43-1101A, as added by 1972, ch. 325, sec. 2, p. 804; am. 1978, ch. 312, sec. 2, p. 803; am. and redesignated, 1990, ch. 181, sec. 2, p. 388; am. 1993, ch. 262, sec. 1, p. 895.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1103 - CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY.

43-1103. CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY. A petition for exclusion shall set forth all of the following:
1. A description of the land of each petitioner for which exclusion is requested;
2. The reasons why it is claimed the tract or tracts should be excluded and that, except for residential lands for which exclusion is requested under subsection (a)3 or (a)4 of section 43-1102, Idaho Code, the lands sought to be excluded are not benefited by the water rights, or by the irrigation in, or drainage by the district, or by ground water subject to recapture and use by the district and the exclusion will be for the best interests (1) of the owner of the land proposed to be excluded and (2) of the other lands in the district.
3. The petition shall be accompanied by such evidence of ownership of the land as is satisfactory to the board of directors of the district and, except for lands for which exclusion is requested under subsection (a)3 or (a)4 of section 43-1102, Idaho Code, by a deposit for costs in the amount established by the directors of the district as provided in section 43-1105, Idaho Code. The board of directors of the district shall return to the petitioner any petition not accompanied by both such proof of ownership and the filing and exclusion fees set by section 43-1101, Idaho Code, and no further action shall be required of the board with respect to such petition.
A petition for exclusion filed with an irrigation district constitutes representations to the district by the petitioner or petitioners that the facts stated in the petition are true and correct and that no mortgagee or other person holds a lien of record in the county where the land for which exclusion is requested is located, for which the lienholder’s consent to the exclusion is required or that, if such consent is required, the consent has been granted by the lienholder. The petitioner shall be liable for any expenses or damages to lienholders or to other landowners or to the district resulting directly or indirectly from wrongful exclusion of lands by reason of untrue or incorrect statements in the petition.
History:
[(43-1103) I.C. sec. 43-1101B, as added by 1972, ch. 325, sec. 3, p. 804; am. 1978, ch. 312, sec. 3, p. 804; am. and redesignated, 1990, ch. 181, sec. 3, p. 388.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1104 - HEARING ON PETITION — ORDER OF EXCLUSION.

43-1104. HEARING ON PETITION — ORDER OF EXCLUSION. The board of directors of the irrigation district may conduct its own investigation of the facts alleged in the petition and, by resolution duly adopted, which may address the allegations of several petitions, accept the facts as alleged and determine that no hearing is required prior to granting the petition or petitions for exclusion. If the allegations are not thus accepted such petition must be heard by the board of directors of such irrigation district within one hundred fifty (150) days of filing of the petition. If no hearing is held within one hundred fifty (150) days, the land described in the petition is excluded from the district. If a hearing is ordered, the petitioner or petitioners must establish by competent evidence the allegations of the petition, and the chairman or presiding member of the board is hereby empowered to administer oaths for the purpose of the hearing.
When (1) the board of directors accepts the facts as alleged without a hearing, or (2) the allegations of the petition are established at a hearing, or (3) the land has been excluded by reason of the board’s failure to hold a hearing within one hundred fifty (150) days of filing of the petition, the board must make an order forthwith changing the boundaries of such district so as to exclude the lands described in the petition which the proof has established to be entitled to exclusion, and thereafter the lands so excluded shall not form a part of the irrigation district for any purpose except as provided in subsection (b) of section 43-1102, Idaho Code; provided however, that the lands so ordered excluded shall not be relieved of their obligation to pay their proportionate share of any existing bonded or contract indebtedness of the irrigation district, and the lands shall remain a part of the irrigation district for the purpose of discharging the existing bonded or contract indebtedness.
No hearing shall be held when, prior to the date set for the hearing, the board issues an order excluding the land described in the petition from the district.
When land is excluded from the district pursuant to a petition filed on or before December 1 in any calendar year, assessments against the land for any calendar year subsequent to the year in which the petition was filed shall not be valid and no lien for any such attempted assessment shall attach under section 43-706, Idaho Code. Petitioners are, however, required to pay any outstanding assessments levied the calendar year and prior in which the petition is filed and said lien shall attach until said assessments are paid.
History:
[43-1104, added 1905, p. 220, sec. 3; am. R.C., sec. 2436; am. and designated sec. 2436; 1911, ch. 46, sec. 3, p. 102; reen. C.L., sec. 2435a; C.S., sec. 4424; I.C.A., sec. 42-1103; am. 1971, ch. 254, sec. 2, p. 1028; am. 1978, ch. 312, sec. 4, p. 805; am. 1988, ch. 134, sec. 2, p. 241; am. and redesignated, 1990, ch. 181, sec. 4, p. 389; am. 2017, ch. 94, sec. 2, p. 243.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1105 - SURVEY OF LAND TO BE EXCLUDED.

43-1105. SURVEY OF LAND TO BE EXCLUDED. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high to receive any benefit from the irrigation works of said district without pumping by the landowner, the cost of all surveys shall be borne by the irrigation district. The board may not, however, require a survey when the land sought to be excluded lies entirely within a subdivision as defined in section 50-1301, Idaho Code. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district.
History:
[(43-1105) 1905, p. 220, sec. 2; reen. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, first part of subd. sec. 2435, p. 102; reen. C.L., sec. 2435; C.S., sec. 4423; I.C.A., sec. 42-1102; am. 1971, ch. 254, sec. 1, p. 1028; am. 1972, ch. 325, sec. 4, p. 804; am. and redesignated, 1990, ch. 181, sec. 5, p. 390.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1106 - APPEAL.

43-1106. APPEAL. An appeal shall lie from the decision of the board of directors of such irrigation district denying the petition or any part thereof to the district court of the county where the lands described in the petition are located. The appeal shall be taken in accordance with and shall be subject to the appeal provisions of section 43-719(4) and (5), Idaho Code. If an appeal results in an order of the district court excluding the lands described in the petition, or any of them, the time of segregation shall date from the date of the hearing before the board of directors of the district.
History:
[(43-1106) R.C., sec. 2437; am. 1911, ch. 46, sec. 4, part of subd. 2437, p. 102; reen. C.L., sec. 2435b; C.S., sec. 4425; I.C.A., sec. 42-1104; am. and redesig. 1990, ch. 181, sec. 6, p. 390; am. 2012, ch. 143, sec. 1, p. 378.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1107 - COSTS.

43-1107. COSTS. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except in cases where:
(1) The lands excluded are found to be too high or not susceptible of irrigation from the water system of the district without pumping by the landowner and the petitioner or previous owners of the land have paid the assessments of the district against that land; or
(2) The exclusion is requested under subsection (a)3. or (a)4. of section 43-1102, Idaho Code, and for the five (5) irrigation seasons preceding the filing of the petition (a) there has been no pipe, ditch or other delivery system between the land and the assigned delivery point on the district’s irrigation system, and (b) the petitioner or previous owners of the land have paid the assessments of the district against that land. If the petitioner is required to pay the costs of exclusion hearing proceedings, the board may require a deposit of the estimated costs before they will hear the petition and the one hundred fifty (150) day period in which the petition must be heard as provided in section 43-1104, Idaho Code, shall not begin to run until the estimated costs have been deposited; provided however, that, in case of a successful appeal by the petitioner, the costs taxed by the district to the petitioner or petitioners whose lands are excluded by the district court shall be borne by the irrigation district. If the actual costs of the exclusion proceedings are less than the amount deposited by the petitioner, the excess deposit shall be credited against any amounts which are to be paid by the petitioner prior to entry of the order of exclusion, and the balance, if any, shall be refunded to the petitioner within fourteen (14) days after the hearing; if the actual costs of the exclusion proceedings are more than the deposit, the difference shall be paid to the district by the petitioner within fourteen (14) days after receipt of a statement to that effect from the district, and the board shall not be required to enter an order of exclusion until the difference is paid.
History:
[43-1107, added 1905, p. 220, sec. 4; am. R.C., sec. 2437; am. 1911, ch. 46, sec. 4, part of subd. 2437, p. 102; reen. C.L., sec. 2436; C.S., sec. 4426; I.C.A., sec. 42-1105; am. and redesignated, 1990, ch. 181, sec. 7, p. 391; am. 2017, ch. 94, sec. 3, p. 243.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1108 - CHANGES TO BE FILED FOR RECORD.

43-1108. CHANGES TO BE FILED FOR RECORD. The decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner’s land and changing the boundaries of such irrigation district shall be filed for record in the recorder’s office of the county within which are situated the excluded lands.
History:
[(43-1108) 1905, p. 220, sec. 4; am. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, last part of subd. 2435, p. 102; reen. C.L., sec. 2437; C.S., sec. 4427; I.C.A., sec. 42-1106; am. and redesignated, 1990, ch. 181, sec. 8, p. 391; am. 2001, ch. 192, sec. 2, p. 657.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1109 - EFFECT OF EXCLUSION.

43-1109. EFFECT OF EXCLUSION. An exclusion of land from any irrigation district shall not impair its existence, nor its rights, including those in its property or its obligations. The land excluded from an irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and shall not thereafter be entitled to any of the benefits of the district and shall be deemed to have fully relinquished all such rights and benefits to the district, provided, that lands retained for drainage purposes shall be entitled to the benefits of the drainage system of the district.
History:
[(43-1109) I.C., sec. 43-1107, as added by 1972, ch. 325, sec. 5, p. 804; am. and redesignated, 1990, ch. 181, sec. 9, p. 391.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1110 - RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE.

43-1110. RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE. The board of directors of an irrigation district may by resolution, or must, if petitioned by the owners of record of over fifty per cent (50%) of the number of lots in a platted subdivision, declare its proposal to exclude from the district all lots or parcels of residential land in the district described in the petition which have not received water from the water rights of the district or through the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution. Lots or parcels of land in contiguous subdivisions may be included in the same resolution. Platted lots which theretofore received water through the same ditch operated by a lateral ditch water users’ association may be included in the same resolution. If the board is petitioned by over fifty per cent (50%) of the lot owners of a subdivision, the board shall conduct the entire proceedings according to sections 43-1110 through 43-1117, Idaho Code.
For purposes of this section, residential land shall mean land on which a house, mobile home, duplex, apartment house or other type of living quarters has been constructed or installed and has been occupied as living quarters by an owner or renter.
History:
[(43-1110) 1972, ch. 371, sec. 1, p. 1089; am. and redesignated, 1990, ch. 181, sec. 10, p. 392.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1111 - RESOLUTION — CONTENTS.

43-1111. RESOLUTION — CONTENTS. The resolution proposing to exclude such lands shall:
(a) Describe each lot or parcel proposed to be excluded;
(b) Specify the period of time during which each such lot or parcel has not received water from the water rights or through the irrigation works and system of the district;
(c) Specify the name and address of each person in possession of each such lot or parcel and of each owner thereof as the ownership appears of record in the assessment rolls of the district and of each owner thereof as the ownership appears of record in the office of the county recorder of the county in which the land is situated and of each mortgagee and other lienholder whose mortgage or lien appears of record in the office of the county recorder of the county in which the land is situated; and,
(d) Fix the time and place for hearing of the proposed exclusion, which time shall be not less than twenty-eight (28) days from the date of the adoption of the resolution.
The board may procure any survey which it deems necessary and any title reports which it deems advisable to describe each lot or parcel proposed to be excluded and to determine the names of owners and lienholders of such lands.
History:
[(43-1111) 1972, ch. 371, sec. 2, p. 1089; am. and redesignated, 1990, ch. 181, sec. 11, p. 392.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1112 - NOTICE.

43-1112. NOTICE. The secretary shall publish notice of such hearing for at least once a week for two (2) weeks before the date of such hearing in a newspaper published in the county in which the land proposed to be excluded is situated. If no newspaper is published in the county containing the land proposed to be excluded, notice shall be posted for the same length of time in at least three (3) public places in the district, one (1) of which notices shall be posted on the land proposed to be excluded. Notice of such hearing on such proposed exclusion shall be given by the secretary of the district by certified or registered mail to each person, firm and corporation named in the resolution.
History:
[(43-1112) 1972, ch. 371, sec. 3, p. 1089; redesignated, 1990, ch. 181, sec. 12, p. 393.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1113 - NOTICE — CONTENTS.

43-1113. NOTICE — CONTENTS. Such notice shall contain:
(a) A statement of the date, time and place of the hearing;
(b) A description of each lot or parcel proposed to be excluded;
(c) The reasons for the exclusion stated in the resolution of intention; and
(d) Notice to each person, firm and corporation interested in the proposed exclusion to appear at the district office at the date and time fixed, and file objections in writing showing cause, if any they may have, why the land or any part of it should not be excluded as proposed in the resolution of the board.
History:
[(43-1113) 1972, ch. 371, sec. 4, p. 1089; am. and redesignated, 1990, ch. 181, sec. 13, p. 393.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1114 - HEARING.

43-1114. HEARING. At the hearing on the proposed exclusion, the board of directors shall hear all of the objections presented to it in writing and all evidence introduced in support of the exclusion and in support of the objections to the exclusion.
History:
[(43-1114) 1972, ch. 371, sec. 5, p. 1089; redesignated, 1990, ch. 181, sec. 14, p. 393.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1115 - ORDER — DETERMINATION.

43-1115. ORDER — DETERMINATION. The board after the hearing on its proposal to exclude and the objections thereto shall order the exclusion of all or any part of the land described in the resolution when as to the land to be excluded, the board determines that:
(a) The land has not received water from the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution of the board declaring its proposal to exclude the land;
(b) The land will not be directly and presently benefited by the operations of the district;
(c) The ditch rights of other landowners in the same lateral ditch water users’ association in the district will not be injured; and,
(d) The exclusion is for the best interests of the owner of the land proposed to be excluded and of the district.
History:
[(43-1115) 1972, ch. 371, sec. 6, p. 1089; am. and redesignated, 1990, ch. 181, sec. 15, p. 393.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1116 - BOARD — ENTRY OF ORDER OF EXCLUSION.

43-1116. BOARD — ENTRY OF ORDER OF EXCLUSION. If the board determines from the hearing that any lot or parcel included in the proceedings should be excluded from the district, the board shall make and enter an order of exclusion in its proceedings describing each lot or parcel being excluded from the district.
If any lot or parcel proposed to be excluded shall not be excluded by such order of exclusion, the board shall make and enter an order describing each lot or parcel included in the proceedings and not excluded from the district.
History:
[(43-1116) 1972, ch. 371, sec. 7, p. 1089; am. and redesignated, 1990, ch. 181, sec. 16, p. 394.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1117 - ORDER — FILING FOR RECORD.

43-1117. ORDER — FILING FOR RECORD. A copy of the order or resolution of exclusion, certified by the president and secretary of the district, shall be filed for record in the office of the county recorder of each county wherein any portion of the land is situated.
History:
[(43-1117) 1972, ch. 371, sec. 8, p. 1089; am. and redesignated, 1990, ch. 181, sec. 17, p. 394.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1118 - APPEALS — PROCEDURE.

43-1118. APPEALS — PROCEDURE. An appeal shall lie from the resolution or the order of the board of directors excluding, and from the order of the board of directors not excluding, lands covered by proceedings under sections 43-1110 through 43-1117, Idaho Code, or from any part of any such order. The appeal may be taken by any landowner in the district and by any person, firm or corporation having any interest in any tract of land included in any such order. The appeal shall be to the district court of the county where the lands involved in the appeal are located. The appeal shall be taken in accordance with and shall be subject to the appeal provisions of section 43-719(4) and (5), Idaho Code.
History:
[(43-1118) 1972, ch. 371, sec. 9, p. 1089; am. and redesig. 1990, ch. 181, sec. 18, p. 394; am. 2012, ch. 143, sec. 2, p. 378.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1119 - EXCLUSION — LOSS OF WATER RIGHTS — OBLIGATIONS OUTSTANDING — EFFECT — ENFORCEMENT — PAYMENT — CERTIFICATE.

43-1119. EXCLUSION — LOSS OF WATER RIGHTS — OBLIGATIONS OUTSTANDING — EFFECT — ENFORCEMENT — PAYMENT — CERTIFICATE. (1) Land excluded from any irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and, except as provided in subsection (b) of section 43-1102, Idaho Code, shall not thereafter be entitled to any of the benefits of the district. An exclusion of land from any irrigation district shall not impair the water rights or irrigation works and system of the district nor its rights in or to its property or its obligations.
(2) Land excluded from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the order or resolution excluding the land as fully as though the land had not been excluded.
(3) All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable.
(4) When any lot or parcel of land shall be excluded from an irrigation district and there shall be paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the lot or tract excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.
History:
[(43-1119) 1972, ch. 371, sec. 10, p. 1089; am. and redesignated, 1990, ch. 181, sec. 19, p. 394.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1120 - REINSTATEMENT OF NONAGRICULTURAL LANDS — ORDER — FILING FOR RECORD.

43-1120. REINSTATEMENT OF NONAGRICULTURAL LANDS — ORDER — FILING FOR RECORD. Where lands have been excluded from an irrigation district under the provisions of this chapter and the owner or owners of the excluded lands desire to receive irrigation water: through an existing distribution system; through a distribution system proposed to be constructed under authority of section 43-329, 43-330A or 43-333, Idaho Code, or under any law authorizing a local improvement district; pursuant to a lease executed under section 43-335 or 43-338, Idaho Code; or pursuant to a contract executed under section 43-730, Idaho Code, the owner or owners may file with the secretary of the irrigation district a written request, signed and acknowledged in the manner required for conveyances of real property, that the lands be reinstated by the irrigation district. Upon receipt of such a request the board of directors of the irrigation district, in its discretion, may enter an order declaring that the lands are reinstated to their former status, including the water rights, and directing the assessor of the irrigation district to enter the lands on the assessment roll. A copy of the order or resolution of reinstatement, certified by the president and secretary of the district, shall be filed for record in the office of the county recorder of each county wherein any portion of the reinstated land is situated. The district may charge a filing fee not to exceed the costs of processing the reinstatement request, and may also charge a reinstatement fee not to exceed the exclusion fee provided in section 43-1101, Idaho Code.
History:
[43-1120, added 1993, ch. 209, sec. 1, p. 570; am. 1998, ch. 231, sec. 1, p. 789.]
2023 Idaho Code › Title 43 - IRRIGATION DISTRICTS › Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT › Section 43-1121 - NOTICE OF PROPOSED CONSTRUCTION OF DISTRIBUTION SYSTEM — TIME FOR FILING WRITTEN REQUEST.

43-1121. NOTICE OF PROPOSED CONSTRUCTION OF DISTRIBUTION SYSTEM — TIME FOR FILING WRITTEN REQUEST. Prior to construction of a distribution system under the authority of either section 43-329 or 43-333, Idaho Code, or under any law authorizing a local improvement district, an irrigation district shall mail a notice of the intended construction to the current owner of any lot or parcel within the area to which irrigation water can be delivered by that distribution system, which previously had been excluded from the district as not agricultural. The notice shall state that the lot or parcel may be eligible for reinstatement, with water rights, if the owner so requests in writing, properly signed and acknowledged, and shall specify the date, not less than three (3) weeks after mailing of the notice, after which the irrigation district may decline to consider the request.
History:
[43-1121, added 1993, ch. 209, sec. 2, p. 571.]