Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
43 chapters · 868 sections in this title.
Idaho Code § 42-4401 Short title
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42-4401. Short title. The provisions of this chapter may be known and cited as the "Levee District Act."
Idaho Code § 42-4402 Policy of state
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42-4402. Policy of state. It is hereby recognized by the legislature that the protection of life and property from the containment of water stored for irrigation, the storage of winter flows and excess waters for irrigation purposes, and flood waters are of great importance to th…
Idaho Code § 42-4403 Definitions
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42-4403. Definitions. As used in this chapter: (1) "Board" or "board of commissioners" means the board of commissioners of the levee district. (2) "Commissioner" means a member of the board of commissioners of the levee district. (3) "District" means any levee district organized …
Idaho Code § 42-4404 Corporate powers of levee districts
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42-4404. Corporate powers of levee districts. Any portion of a county requiring the maintenance, operation, or construction of a levee to contain irrigation water or to prevent flooding, may be organized into a levee district, and when so organized such district and the board of …
Idaho Code § 42-4405 Petition for organization
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42-4405. Petition for organization. For the purpose of the formation of a levee district a petition shall be presented to the clerk of the district court of the county in which the greater portion of the lands of the proposed levee district are located. The petition must be signe…
Idaho Code § 42-4406 Petition — Bond — Condition for withdrawal of names
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42-4406. Petition — Bond — Condition for withdrawal of names. The petitioners for formation of a levee district 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 the proposed district is to be located. The bo…
Idaho Code § 42-4407 Jurisdiction to establish districts
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42-4407. Jurisdiction to establish districts. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish levee districts which may be entirely within or partly within and p…
Idaho Code § 42-4408 Action on petition — Notice of hearing
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42-4408. Action on petition — Notice of hearing. Immediately after the filing of the petition for formation of a levee district the judge of the court shall fix a time for the hearing on the petition by order made by him, which order shall provide that said petition and notice of…
Idaho Code § 42-4409 Hearings on petitions — Objection to inclusion
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42-4409. Hearings on petitions — Objection to inclusion. On the day fixed for such hearing or at any adjournment thereof the court shall ascertain from the tax rolls of the county or counties in which the district is located or into which it extends, the total number of taxpayers…
Idaho Code § 42-4410 Nominees for board of commissioners
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42-4410. Nominees for board of commissioners. If upon the hearing as provided in section 42-4409, Idaho Code, the court shall order an election for the creation of the district, nominees for the board of commissioners of the district shall be nominated by the filing of petitions …
Idaho Code § 42-4411 Election
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42-4411. Election. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the creation of the district, and also the form of the ballot relating to the election of the commissioners, provided, that al…
Idaho Code § 42-4412 Entry of order
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42-4412. Entry of order. If a majority of the votes cast at the election are in favor of the organization of the levee district, the district court shall declare the levee district organized, shall give it a corporate name by which, in all proceedings, it shall thereafter be know…
Idaho Code § 42-4413 Finality of order
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42-4413. Finality of order. If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district ag…
Idaho Code § 42-4414 Officers — Meetings
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42-4414. Officers — Meetings. The board of commissioners of such district shall elect one (1) of their number chairman and one (1) secretary, and shall keep minutes of all their proceedings. The levee district commissioners shall hold their meetings for the transaction of busines…
Idaho Code § 42-4415 Vacancies
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42-4415. Vacancies. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one (1) or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the remaining commissioners and s…
Idaho Code § 42-4416 Commissioners — Powers and duties
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42-4416. Commissioners — Powers and duties. The board of commissioners of levee 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 maintenance, operation, and/o…
Idaho Code § 42-4417 Maintenance of system — District not to be operated for profit
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42-4417. Maintenance of system — District not to be operated for profit. Any levee district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the residents a…
Idaho Code § 42-4418 Interested persons — Right of examination
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42-4418. Interested persons — Right of examination. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a levee district now organized or existing, or hereafter organized under the laws of the state of Idaho, and which land has…