Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-3101. Short title. This act may be known and cited as the "Flood Control District Act."

42-3102. Policy of state. It is hereby recognized by the legislature that flooding can cause significant damage to life and property in this state. It is therefore declared to be the policy of the state to provide for flood risk reduction, flood response, and flood recovery in a …

42-3103. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) "Board" or "board of commissioners" means the board of commissioners of the flood control distri…

42-3104. Districts — Composition — Designated by number. Flood control districts, composed of any portion of a county, or any county or counties requiring flood control, may be established pursuant to this act and when so established shall be governmental subdivisions of this sta…

42-3105. Petition to establish district — Contents. A petition, signed by one-third (1/3) or more of the qualified voters residing within the territory of the proposed district may be filed with the director of the department of water resources asking that a district be organized…

42-3106. Division of district — Maps and surveys. (1) The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such …

42-3107. Publication of notice — Contents. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the g…

42-3108. Hearing on petition — Findings and order of director — Recording. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections t…

42-3109. initial board of commissioners — appointment — qualification — bond — oath — organization. (1) The order of the director organizing said district shall name the initial members of the district board of commissioners without regard to political affiliation. Each division …

42-3110. Organization of board — Approval by court. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition pr…

42-3111. board of commissioners — annual appointment — qualification — oath — bond — officers’ election — duties — term of office — removal. (1) Annually after the director’s order organizing the district and appointing the initial members of the district board of commissioners, …

42-3112. Vacancies on board — Appointment by board. If there is a vacancy of any commissioner position through death, resignation, failure to meet the qualification requirements of section 42-3111, Idaho Code, or removal by the director, such vacancy shall be filled by appointmen…

42-3113. Meetings of board — Regular — Special. (1) The board shall designate the official location of its office, that may be within or outside of the district’s boundaries. (2) Regular meetings of the board shall be held at a time and place to be fixed by the board. The board s…

42-3114. Compensation of commissioners. The commissioners of the district shall fix by resolution the compensation they shall each receive for their services for each day they shall actually be engaged in the business of their office, and shall fix by resolution the reimbursement…

42-3115. Commissioners — Powers and duties. The board of commissioners of flood control districts shall have the following powers and duties: (1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of construction, costs o…

42-3116. director’s approval — when required. (1) In the event that the district’s activities and operations will alter a stream channel within the meaning of section 42-3802, Idaho Code, the district shall obtain the director’s prior approval pursuant to chapter 38, title 42, Id…

42-3117. Contracts submitted to voters — Notice — Election. Whenever any contract with the United States or any agency thereof or, the state, is proposed to be entered into by any district which would create indebtedness in excess of the moneys on hand or the funds to be realized…

42-3118. Electors — Qualifications. No person shall be entitled to vote at an election for the purpose of raising the authorized maximum levy or the ratification of contracts by a flood control district, or for any other purpose in connection with said district, unless at the tim…

42-3119. Title to and sale of waters — Disposition of aggregate. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell…

42-3120. Enlargement of district — Petition. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least on…

42-3121. Consolidation of districts. If the boards of commissioners of any two (2) or more flood control districts which are contiguous deem it for the best interests of their respective district that the same be consolidated into a single district, such boards may petition the d…

42-3122. Petition for consolidation — Investigation — Notice of hearing. Upon receiving a petition for the consolidation of two (2) or more flood control districts, the director shall investigate the condition of such districts, and all questions affecting such proposed consolida…

42-3123. Director’s findings on petition and hearing. The director shall, at the hearing herein provided, permit any person or corporation interested in the proposed consolidation or in any of its objects or purposes, to appear and make objection to the consolidation of said dist…

42-3124. Decision by director — Court confirmation of consolidation required. The director shall recommend for or against the consolidation, basing his decision on his findings of facts and stating his reasons. If the director shall recommend that the districts be not consolidate…

42-3125. Director may submit consolidation to election. The director may upon receiving a petition for consolidation of two (2) or more flood control districts, order an election to be held, subject to the provisions of section 34-106, Idaho Code, in each district. If two-thirds …

42-3126. Dissolution of district. A district may be dissolved by the district court for the county in which the office of a district was last located, on complaint or petition of parties holding and owning: 1. Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds …

42-3127. Exclusion of a division. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qua…

42-3128. Exclusion of a division — Disbursement of assets and liabilities. The distribution of assets and liabilities made necessary by the exclusion of a division from a flood control district pursuant to section 42-3127, Idaho Code, shall be established by decree of the distric…

42-3129. 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 commissioners of a flood control district a petition in writing praying that said land may be annexed into the district. …

42-3130. GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION. A guardian, executor, or 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 e…

42-3131. NOTICE OF PETITION. The district shall cause a notice of the filing of such petition to be published in the manner provided in section 42-3117, Idaho Code. The notice shall contain the names of the petitioners and a description of the lands mentioned in the petition. The…

42-3132. HEARING OF PETITION. The board of commissioners, at the time mentioned in the 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 …

42-3133. ORDER REJECTING OR ACCEPTING PETITION. If the board of commissioners deems a proposed annexation not to be in the best interest of the district, the board shall reject the petition. If the board deems the proposed annexation in the best interest of the district, the boar…

42-3134. ORDER TO BE RECORDED. The board of commissioners shall cause a copy of the annexation order, certified by the chairman and secretary of the board, to be filed for record in the recorder’s office of the county or counties within which the annexed lands are situated, and t…