Title 43 — IRRIGATION DISTRICTS

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.

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 sa…

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 conta…

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 …

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 …

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 asse…

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 gra…

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 di…

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 whi…

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…

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 co…

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…

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 p…

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…

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 th…

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…

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 i…

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…

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 pumpin…

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 co…

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…

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 pr…

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 irrigatio…

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 …

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 pers…

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.

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 n…

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 be…

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.

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…

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 th…

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 distr…

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 irri…

43-1122. transfer of lands between districts. The boards of directors of two (2) irrigation districts may by resolution declare and act upon their proposal to transfer lands from one (1) district to the other through exclusion and annexation in accordance with sections 43-1122 th…

43-1123. Resolution — contents. The districts proposing to transfer lands as authorized by section 43-1122, Idaho Code, shall adopt a resolution, either separately or jointly, which shall: (1) Identify the excluding district and the annexing district; (2) Provide a legal descript…

43-1124. notice. The secretaries of the excluding and annexing districts shall publish and provide notice of the hearing on the proposed transfer in the manner described in section 43-1112, Idaho Code. The secretaries may publish and provide such notice separately or jointly.

43-1125. notice — contents. The notice required by section 43-1124, Idaho Code, shall contain: (1) The information identified in section 43-1123, Idaho Code; and (2) Notice to each person, firm, corporation and other legal entity interested in the proposed transfer to appear at t…

43-1126. hearing. The boards of directors of the districts may hold separate hearings or a joint hearing on the proposed transfer. At such hearing(s), the boards of directors shall hear all of the objections presented to them in writing and all evidence introduced in support of t…

43-1127. orders — determinations. After the hearing(s) on the transfer proposal, the boards of directors of the districts shall order the transfer of all or any part of the land described in the resolution when as to the lands to be excluded they determine that: (1) The transfer …

43-1128. entry and recording of orders. If the boards of directors determine from the hearing that all or part of the lands described in the resolution should be transferred from one (1) district to another, the boards shall enter orders as follows: (1) The board of the excluding…

43-1129. effect of orders. The order excluding the transferred lands from the excluding district shall have the same effect described in sections 43-1109 and 43-1119, Idaho Code. The order annexing the transferred lands to the annexing district shall have the same effect describe…

43-1130. appeals — procedure. An appeal shall lie from the orders of the boards of directors transferring lands covered by the procedures pursuant to sections 43-1122 through 43-1128, Idaho Code, and from any part of such orders. The appeal may be taken by any landowner in the ex…

43-1131. costs. All costs incurred by the districts in the transfer process provided by sections 43-1122 through 43-1128, Idaho Code, shall be divided equally between the districts, unless the districts agree upon a different apportionment of costs.

43-1201. Resolution of board of land commissioners — Petition. The state board of land commissioners may, by resolution duly passed at any meeting of said board and recorded in the minutes thereof, after due consideration in each specific case, authorize the governor of the state…

43-1301. Petition. Whenever twenty-five (25) or a majority of the landowners in any irrigation district heretofore organized or hereafter to be organized so desire they may petition the board of directors to call a special election for the purpose of submitting to the qualified e…

43-1302. Election — Call for. It shall be the duty of the said board of directors, if it approves said petition, to call an election for the purpose of submitting to the qualified electors of the district the proposal specified in said petition: provided, that no sale or transfer…

43-1303. Election — Notice. Notice of such election must be given by posting notices in three (3) public places in each election precinct in said district at least four (4) weeks before the date of said election and by the publication thereof for the same length of time in some n…

43-1304. Election — Conduct. Such election must be held in all respects as near as practicable in conformity with the provisions of law governing elections upon the organization of irrigation districts. All persons who possess the qualifications of electors under the general laws…

43-1305. Canvass of returns. On the first Monday after any such election the board of directors of the district shall meet at its usual place of meeting to canvass the returns, and when they shall have declared the result the secretary shall make full entry in his record.

43-1306. Petition for confirmation by district court. Immediately after such election, in case the proposal has carried by a majority vote, the board of directors of the irrigation district shall file in the district court of the county in which their office is situated a petitio…