Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-2901. Corporate powers of drainage districts. Any portion of a county requiring drainage or diking, or both, may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power …

42-2902. Appropriation of water available for irrigation purposes. The boards of commissioners of drainage districts are hereby authorized and empowered to file upon and appropriate in the manner provided by law, waters created or made available for irrigation purposes, by the co…

42-2903. Appropriation of irrigation waters — Assessments for expenses. The board of commissioners of drainage districts are hereby authorized and empowered to assess upon lands within the district, benefited by such filing and appropriation as provided in section 42-2902, a suff…

42-2904. Municipality may act as drainage district. Any village or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such village or city ma…

42-2905. Petition for organization. For the purpose of the formation of such drainage district a petition shall be presented to the clerk of the district court of the county in which a greater portion of the lands of said proposed district are located, which petition shall set fo…

42-2906. Petition — Bond — Condition for withdrawal of names. Said petitioners shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which said proposed district is located, running to the state of Idaho, in the penal …

42-2907. Action on petition — Notice of hearing. After the filing of said petition the judge of the court shall fix a time for the hearing of said petition by order made by him, which order shall provide that said petition be published for at least three (3) successive weeks in s…

42-2908. Hearing — Objections — Findings. Upon the day fixed for the hearing of said petition, any persons or corporation interested therein, may appear before said court and make objections to the organization and incorporation of said district, but such objections shall be limi…

42-2909. Decree. Upon the entry of the findings of the final hearing of said petition, as set forth in the last preceding section, said judge of the district court of the county in which the proposed drainage district is located, if he finds said proposed drainage system to be co…

42-2910. Appointment of drainage commissioners — Qualification — Bond — Oath — Organization of board. The judge of the district court within ten (10) days thereafter shall appoint three (3) drainage commissioners. The commissioners shall be appointed from among those living in th…

42-2911. Officers — Meetings. The board of commissioners of such district shall elect one of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The drainage commissioners shall hold their meetings for the transaction of business at any p…

42-2912. Vacancies. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the judge of the district court of th…

42-2913. Compensation. The drainage commissioners shall receive for their services such sum as the board of drainage district commissioners fix by resolution for each day they shall actually be engaged in the business of their office, and actual and necessary expenses. In additio…

42-2914. Examination of lands — Report of commissioners — Apportionment and reapportionment of benefits and damages. As soon as may be after their appointment, or within such time as the court may direct, the commissioners shall examine the lands described in the petition and pro…

42-2915. Assessment of benefits against high lands. In determining the amount which each tract of land will be benefited by such proposed drainage system the commissioners shall consider the damage done to low land from seepage and saturation by irrigation water from high land, a…

42-2916. Duties of engineers and surveyors — Preliminary survey. For the purpose of compiling the data to be presented to the court as set forth in the preceding sections, the board of commissioners of said drainage district may employ one or more competent engineers, surveyors a…

42-2917. Changes in original plans. The commissioners shall not be confined to the point of commencement, route or terminus of any drain or ditch, or the number, extent or size of the same, or the location, plan or extent of any levee, ditch or other work as proposed by the petit…

42-2918. Alteration of boundaries. If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and not necessary t…

42-2919. Report of intention to do work — Notice of hearing on confirmation. If the commissioners shall find after the investigation referred to that the cost, expenses and damages are more than equal to the increased value which will accrue to the lands within the district, they…

42-2920. Objections. Any of the landowners or any person or corporation affected by the work proposed may appear on the day set for hearing said report and remonstrate against the whole or any part of the proposed work. Such remonstrance shall be verified by affidavit, and shall …

42-2921. Hearing on confirmation. The remonstrants shall set forth objections to the confirmation of the report of the commissioners by stating separately, first, legal objections, second, issues of fact to be tried by the court, third, issues of fact to be tried by the jury. The…

42-2922. Findings and decree. If the findings be awarded against the validity of the proceedings the same may be dismissed. If the findings be in favor of the validity of the proceedings, the court, after the report shall have been modified to conform to the findings, or if there…

42-2923. Supplemental report. The court may also permit the commissioners to present and file a supplemental report as to any matter which, pursuant to the provisions of section 42-2914 might have been included in the original report presented by them, and after reasonable notice…

42-2924. Appeals. Every person or corporation feeling himself or itself aggrieved by the judgment for damages or the assessment for benefits may appeal to the supreme court of this state in the manner provided by law for appeals in civil actions to the Supreme Court within thirty…

42-2925. Procedure on dismissal of proceedings. In case the report of the commissioners hereinbefore provided for shall not be confirmed upon the hearing of the objections and remonstrances thereto, the court or judge shall dismiss such proceedings and in such case judgment shall…

42-2926. Procedure for payment of damages awarded — Determination of conflicting claims. Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor and upon furnishing evidence satisfactor…

42-2927. Lands of state and its subdivisions. All state, county, school district or other lands belonging to other public corporations requiring drainage shall be subject to the provisions of this chapter, and such corporations, by and through the proper authorities, shall be mad…

42-2928. Lands of state and its subdivisions — Assessment. In case lands belonging to the state, county, school district or other public corporation are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against said lands…

42-2929. Subsequent assessment of public lands. In case there are any lands included in any drainage district which cannot be assessed because of the title being in the United States government, or because of it being land not yet proved up on, or being Indian land, or for any ot…

42-2930. Additional levy — Notice. In the event that the amount levied shall be insufficient to complete the contemplated improvement, then the board shall levy an additional assessment sufficient to complete the same, including the cost of collection, and all legal and other pro…

42-2931. Additional construction work and assessments. In any case where the work set out in the plan for drainage as provided in this chapter, or the work or improvements and the system of diking and reclamation constructed or in process of construction, are deemed or found by t…

42-2932. Fees for service of process. Fees for service of all process necessary to be served under the provisions of this chapter shall be the same as for like services in other civil cases, or as is or may be provided by law.

42-2933. District court may enforce chapter. The district court may compel the performance of the duties imposed by this chapter, and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.

42-2934. Assessments — When incontestable. The collection of any assessments of benefits made by the commissioners and confirmed by the court shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in any proc…

42-2935. Assessment roll. Upon the entering of the order confirming the apportionment of costs and awarding of damages as hereinbefore provided for, the clerk of said court shall immediately prepare a transcript which shall contain a list of all lands which are so assessed and aw…

42-2936. Assessments entered as tax liens — INSTALLMENTS. A similar transcript duly certified by the clerk which shall contain a list of the names of all persons and corporations benefited by said improvement and the amount of the assessment upon each lot, parcel or governmental …

42-2937. Assessment to pay judgment of dismissal. In event of the dismissal of said proceedings, as hereinbefore provided, said drainage commissioners shall levy a tax upon all the real estate within said district, taking as a basis the last equalized assessment of said real esta…

42-2938. Construction and maintenance of drainage works — Executive powers of commissioners. Said board of drainage commissioners hereinbefore provided for shall have the exclusive charge of the construction and maintenance of all drainage systems which heretofore have been or ma…

42-2939. General powers of district. All drainage districts organized under the provisions of this chapter shall have the right of eminent domain, with power by and through their boards of commissioners to cause to be condemned and appropriated private property for the use of sai…

42-2940. Construction of works — Contracts. After the organization of any drainage district, the commissioners of such drainage district shall proceed as soon as they may deem expedient in the construction of said improvements; and in carrying on said construction or any extensio…

42-2941. Contractors’ bonds. In case the whole or any portion of said improvements is let to any contractor, said commissioners shall require the said contractor to give bond equal to fifty per cent (50%) of the amount of the contract price of the whole, or of the portion of said…

42-2942. Commencement and progress of work. The work on said improvement shall begin at a point or at points to be determined by said commissioners, and said work shall be completed with all expedition possible, and said board of commissioners of such drainage district, or any co…

42-2943. Change of plans — Procedure in district court. In case any substantial changes in said system of improvement, or the manner and construction thereof, shall be deemed necessary by said board of commissioners at any time during the progress thereof, and the written consent…

42-2944. Payments to contractors. During the construction of said improvement, said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: provided, that no allowance or payment shall be …

42-2945. Connections by private drains — Costs. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any person or corporation shall desire to drai…

42-2946. Connection of district with lower district — Costs. In case of the establishment of a drainage district and system of drainage under the provisions of this chapter above any other district that may theretofore have been established, and above any other system of drainage…

42-2947. Use of natural watercourses and previously constructed works. The whole or any portion of any natural watercourse which drains any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constr…

42-2948. Construction of dikes along public roads. In the construction of any diking system under the provisions of this chapter, where it is desired to construct the same along the right of way of any public road which has theretofore been legally established, said district shal…

42-2949. Payments of claims — Option for deposit and disbursement of funds — Issuance of checks or warrants — Investment of funds . (1) The board of commissioners may issue warrants of such district, in payment of claims of indebtedness against such district; such warrants shall …

42-2950. Warrants — Payment — Interest. (1) All warrants issued under the provisions of this chapter shall be presented by the holder thereof to the county treasurer, who shall indorse thereon the day of presentation for payment, with the additional indorsement thereof in case of…