Title 43, IRRIGATION DISTRICTS

43-301. Election of officers. On the first Tuesday of January next following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary and treasurer, who shall each hold office during the pleasure of the…

43-302. Office of board. On the organization of the first board of directors of any such district they shall designate some place within the district as the office of said board: provided, that the board of directors may establish the office of the district temporarily outside of…

43-303. Meetings of board. The board of directors shall hold a regular monthly meeting in its office, or in any other location the board deems more convenient and suitable within the boundary of the district, on the first Tuesday in every month or such date each month as it shall…

43-304. General powers of board — By-Laws — Right of entry — Acquisition of property. Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees a…

43-305. Drainage of lands — Payment of cost — Apportionment of cost when payment deferred. Any irrigation district heretofore organized or hereafter to be organized, may, whenever it appears necessary, proper or beneficial to drain any of the lands within said district, whether f…

43-306. Levy authorized for purpose of draining lands within district. Any irrigation district now organized, or which may hereafter be organized, under the laws of the state of Idaho, shall have authority to construct drainage works for the purpose of draining, or reclaiming, an…

43-307. Authority to exercise functions of drainage districts. Any irrigation district heretofore or hereafter organized under the laws of this state desiring so to do, and having received the petition required by and complied with the provisions of section 43-308 as amended, and…

43-308. Authority to exercise functions of drainage districts — Petition and resolution. After receiving a petition signed by the holders of title or evidence of title to one-fifth (1/5) of the lands within the district praying it shall do so, any irrigation district desiring to …

43-309. Notice of hearing of petition. After the filing of said petition the judge of said court shall fix the time for hearing said petition by order by him made, which order shall provide that said petition shall be published for at least three (3) successive weeks in some news…

43-310. Hearing — Objections — Findings. Upon the day fixed for the hearing of said petition, any person or corporation interest therein, may appear before said court and make objections in writing to the granting of said petition but said objections shall be limited to determini…

43-311. Decree granting petition — Vesting of powers and authority in district. Upon the filing of the findings of fact at the final hearing of said petition, as set forth in the last preceding section, said judge, if he finds that the granting of said petition and the drainage o…

43-312. Appeals. Appeal may be taken by any interested person from said decree of the district court to the Supreme Court by serving a written notice of such appeal upon the secretary of said board of the irrigation district, within thirty (30) days after the rendition of said de…

43-313. Electric power plants — Construction and operation. The board of directors of any irrigation district, organized under the laws of the state of Idaho, shall have the power to construct and operate, or to contract for the construction and operation, of electric power plant…

43-314. Electrical power plants — Sale of surplus power — Ratification of contract. The question of the ratification of contracts for the sale of surplus power as provided in the preceding section shall be submitted in the same manner, and shall be governed by the same limitation…

43-315. Assessment for extermination of rodents. The board of directors of an irrigation district may levy an assessment upon the lands within the district, not to exceed ten (10) cents per acre for the purpose of raising funds to be used for the extermination of gophers and othe…

43-316. Legal title to property. The legal title to all property acquired under the provisions of this title shall immediately and by operation of law vest in such irrigation district, and shall be held by such district in trust for, and is hereby dedicated and set apart to, the …

43-317. Conveyance of property — Actions. The said board is hereby authorized and empowered to take conveyance or other assurances for all property acquired by it under the uses and provisions of this title, in the name of such irrigation district, to and for the purposes herein …

43-318. Sale of personal or real property — Procedure — Sale of federal or state license or permit. (1) Personal or real property of an irrigation district including a federal or state license or permit may be sold or transferred by its board of directors whenever the board finds…

43-318A. Trade-in or exchange of district property. Whenever the board of directors of an irrigation district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longer econ…

43-319. Compensation of directors and officers. The members of the board of directors shall fix the compensation board members shall receive for each day spent attending the meetings, or while engaged in official business under the order of the board and actual and necessary expe…

43-320. Officers must not be interested in contracts. (1) Except as provided in subsection (2) of this section, no director or any other officer named in this title shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, o…

43-321. Special assessments — Elections — Collection of assessments — Delinquent list. The board of directors may, at any time when in their judgment it may be advisable, call a special election and submit to the qualified electors of the district the question whether or not a sp…

43-322. Power to incur debts — Warrants. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this section; and any debt or liability in…

43-322A. Power to incur debts — mitigation plans and recharge projects — judicial examination. (1) The board may by resolution adopted by a two-thirds (2/3) majority of the board, determine that the interest of the district and the public interest and necessity demand the develop…

43-323. place of use. A change in the generally described place of use for a water right held by an irrigation district may be made without applying for a change under the provisions of section 42-222, Idaho Code, provided the district files with the department of water resources…

43-324. Statement of financial condition. On or before the second Tuesday of February of each year the board of directors of each irrigation district organized under this title shall publish in at least one (1) issue of some newspaper published in the county or counties in which …

43-325. County commissioners to have access to books. Any board of directors of any such irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books,…

43-326. Power to maintain parks. The board of directors of any irrigation district shall have the power to maintain public parks and recreation grounds for the benefit of the people of the district and may set aside for this purpose, land belonging to the district, including land…

43-327. Delinquent assessments — Shutting off of water. The board of directors of any irrigation district shall have the power to refuse to deliver water for the use on any lands upon which any assessments, tolls or charges levied, assessed or charged against said lands or the ow…

43-328. Petition to construct improvements for irrigation — Assent of petitioners to assessment of cost of improvement. The holders of title, or evidence of title, representing a majority of the acreage of any body of land within any irrigation district, may file with the board o…

43-329. Elections to determine question as to construction of improvement — Resolution of directors. (1) The board of directors, if they deem it for the best interest of the district that the proposed improvement be constructed, may by resolution call an election to be held withi…

43-330. Majority of votes as determinative — Construction of improvement — Cost — Apportionment — Assessment. If a majority of the votes cast by the electors within the boundaries of the land described in the petition are "Improvement–Yes," and if a majority of the votes cast by …

43-330A. Contracts with landowners for construction of improvements. When a parcel of land lying within an irrigation district has been subdivided and the owner or owners of the entire parcel propose to develop that parcel or any of the tracts therein for residential, commercial,…

43-330B. Contract provisions. Any contract entered into under the authority of section 43-330A, Idaho Code, shall include the following provisions: (1) An apportionment of the cost of the construction of the distribution system against the parcel or against the tract or tracts wh…

43-330C. Compliance. If the contract provides for construction of any portion of the distribution system by the owner or owners, chapter 9, title 43, Idaho Code, shall not be applicable to that portion of the construction. If any portion of the distribution system is to be constr…

43-330D. Contract to be recorded. Any contract entered into by an irrigation district under the authority of section 43-330A, Idaho Code, shall be recorded in the office of the county recorder of each county in which any portion of the land covered by the contract is located, and…

43-330E. District to own distribution system. Any pressurized distribution system constructed under the authority of section 43-330A, Idaho Code, shall be the property of, and shall be owned by, the district.

43-330F. Operation and maintenance of pressurized distribution systems. Any pressurized distribution system constructed under the authority of section 43-330A, Idaho Code, shall be operated, maintained, repaired and replaced by the district, and the district may levy and collect …

43-330G. Distribution systems for land in more than one irrigation district — Joint contract — Division of management — Assessments. Where the interests of two (2) or more irrigation districts and the interests of the contracting landowners will be served thereby, lands in two (2…

43-331. Directors may construct or maintain improvements, levy assessments. (1) This section applies: (a) When a parcel of land lying within an irrigation district is subdivided and the owner has made no provisions which in the opinion of the board of directors is adequate for th…

43-332. Apportionment of water to tracts — Employment of person to distribute water — Assessment of cost — Lien on land. Whenever a parcel of land lying within an irrigation district is subdivided and plats of such subdivision are filed as provided by law, and the owners fail to …

43-333. Resolution for water distribution works or services — Hearing of objections — Construction, repair or maintenance of improvement — Apportionment of costs — Assessment. (1) Whenever the board of directors shall deem it expedient or necessary to construct, repair or maintai…

43-334. Procedure for levy and collection of special assessment — Appeal. Whenever the board of directors levies a special assessment against the various tracts of land as provided in section 43-331 and section 43-332, Idaho Code, it shall be extended against the tracts of land i…

43-335. Leasing of water rights by irrigation district within the district by district’s where landowner can receive water through the district’s irrigation system. Any irrigation district which has within its boundaries residential, commercial or industrial lands, or any combina…

43-336. Notification of landowners regarding lease. Whenever the board of directors of an irrigation district resolves to lease all or any portion of any water right or water rights as authorized by section 43-335, Idaho Code, the district shall notify its landowners, by such met…

43-337. Requirements of election for landowners. The election under section 43-335, Idaho Code, not to receive water shall be made in writing and shall state: (a) The name and address of the landowner; (b) The legal description of the land as to which the election is made; (c) Th…

43-338. Leasing of water rights inside the district by an irrigation district where the landowner cannot receive water through the irrigation system. An irrigation district shall have the right to lease, to any municipality, municipal provider, public utility or domestic water us…

43-339. No levy against lands where water rights are leased. After the effective date of a lease by which a water right or any portion thereof is leased by an irrigation district under the authority granted by section 43-335 or 43-338, Idaho Code, the district shall not levy toll…

43-340. Use of moneys received for leased water rights. All payments of rent received by an irrigation district under a lease of water rights authorized by section 43-335 or 43-338, Idaho Code, shall belong to the district, and it shall not be obligated to reimburse electing land…

43-341. Effect on water rights by leasing. Use of water under a lease authorized by this act shall not constitute abandonment, or be grounds for forfeiture, of the water right, and shall not be deemed a change in the place of use or in the nature of the use of the water. Any chan…