Title 43 — IRRIGATION DISTRICTS

43-1307. Character of proceedings for confirmation. Said proceedings shall be in the nature of a suit to quiet title with respect to so much of the land within said district as is affected by the proposal to modify or dissolve the same. And the decree of the court approving a sal…

43-1308. Decree of confirmation. The court or judge shall set a day for the hearing of such petition and if it appears to the court from the proof adduced thereat that there are no such outstanding bonds, warrants or other indebtedness of such district, or in case there is any su…

43-1309. Dissolution without election — Petition — Conditions. An irrigation district may be dissolved without the holding of the election provided for by this chapter upon complaint or petition of parties holding and owning: (a) Fifty per cent (50%) or more of the issued outstan…

43-1310. Dissolution without election — Parties. In such petition the petitioners or complainants shall be named as plaintiffs and the irrigation district, and its directors, if any there are, and all persons having interest in or claim against the district, without naming them, …

43-1311. Dissolution without election — Appointment of officer to marshal assets — Decree. In the exercise of the jurisdiction given it by this act, the court shall have the power to appoint such referee, master, auditor, or receiver as may be considered necessary or proper to ma…

43-1312. Dissolution without election — Application of other code provisions. The general provisions of this chapter, and the general provisions of sections 5-508, 5-509, and 5-511 relative to issuance, service and publication of process, hearing, entry and execution of judgment …

43-1313. Dissolution without election — Appeal. Each party to any proceeding under this act shall have the right of appeal as in other civil cases.

43-1314. petition. The owners of a majority of the land in an irrigation district that is operated and maintained exclusively to deliver natural flow water rights, who also hold title to the water rights appurtenant to that land, and whose water rights are delivered by an organiz…

43-1315. submission of petition to county. The petition shall be filed with the clerk of the board of county commissioners of the county in which the greatest proportion of the proposed new irrigation district is situated. The petition, together with all maps and other papers fil…

43-1316. maps and water supply data. The petitioners must accompany the petition with a map of the proposed district. The map shall show the location of the canals situated within the boundaries of the proposed partitioned district.

43-1317. bond. The petitioners shall accompany the petition with a bond to be approved by the board of county commissioners in double the amount of the probable cost of the county organizing a new irrigation district, conditioning that the bondsman will pay all costs, in the even…

43-1318. notice of presentation to commissioners. Upon filing of a petition with the clerk of the board of county commissioners, the clerk shall publish a notice that a petition for the partition of an irrigation district has been filed, setting forth the first signature on the p…

43-1319. notice of hearing. When a petition is presented to the board, the board shall set a time for hearing, which time shall not be less than four (4) nor more than eight (8) weeks from the date of the presentation. Notice of the time of hearing shall be published by the board…

43-1320. examination by department of water resources. A copy of the petition and all maps and other papers filed with the board of county commissioners shall be filed in the office of the department of water resources by the board at least four (4) weeks prior to the date set fo…

43-1321. order of the board. If it appears to the board of county commissioners that the holders of evidence of title to a majority of the acreage with water rights delivered by the irrigation district within the boundaries of an existing irrigation district have properly signed …

43-1322. divisions of district for election of directors. The board of county commissioners shall also enter an order dividing the new partitioned irrigation district into not less than three (3) nor more than seven (7) divisions of as nearly equal size as practical, which shall …

43-1323. effective date of partition — challenges to partition. The effective date of the partition of the existing district into two (2) districts shall be as of the date of the order of the board of county commissioners. Following the effective date of the partition order by th…

43-1324. joint works — jointly held property. The irrigation works and any other real or personal property held by the original irrigation district prior to the partition shall belong to the partitioned irrigation districts jointly as provided in this section. All canals and late…

43-1325. joint operation. Whenever the partitioned irrigation districts share irrigation works, canals and laterals after the partition takes effect, a joint board of control, not exceeding seven (7) members, shall be chosen by the board of directors of the respective partitioned…

43-1401. Petition for consolidation. Whenever the boards of directors of any two (2) or more irrigation districts which are contiguous deem it for the best interests of their respective districts that the same be consolidated into a single district, such boards of directors may p…

43-1402. Investigation by department of water resources. Upon receiving such petitions said board of county commissioners shall request the department of water resources to investigate the conditions of such districts, and all questions affecting such proposed consolidation, and …

43-1403. Election to determine question of consolidation. At the time said report upon the matter is made, said board of county commissioners, if deemed advisable, shall make an order fixing the time for an election in the said districts to vote upon the question of such proposed…

43-1404. Procedure upon affirmative vote. If it appears that a majority of all the votes cast in each of said districts is "Consolidation–yes," said board shall make an order, and enter the same of record in its minutes, establishing said consolidated district, giving its boundar…

43-1405. Effect of negative vote. If, however, upon such canvass by said board of county commissioners, it appears that a majority of the votes cast in any district thus proposed to be consolidated is "Consolidation–no," then a record of that fact shall be entered in the same min…

43-1406. Joint interstate districts. One or more irrigation districts organized under the laws of this state may unite with one or more adjacent irrigation districts organized under the laws of any adjoining state in the purchase or construction of an irrigation system or works f…

43-1407. Joint interstate districts — Right to drain lands. The authority extended to joint interstate districts under the preceding section shall be construed to include the right to drain its lands under section 43-1406.

43-1501. Navigation and mining industries not impaired. Navigation shall never in any wise be impaired by the operation of this title, nor shall any vested interest in or to any mining water rights or ditches, or in or to any water or water rights or reservoirs or dams now used b…

43-1502. Publication of notices. Whenever in this title any notice is required to be given by publication, it shall be satisfied by publishing the same in a weekly newspaper, the same number of times consecutively as the number of weeks mentioned in the requirement. A ten (10) da…

43-1503. Other laws unaffected. None of the provisions of this title shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of irrigation or water distribution. Nothing herein contained shall be deemed to authorize any pers…

43-1504. Existing districts to be governed by this title. All irrigation districts heretofore organized under any of the laws of this state shall hereafter be governed in all respects by the provisions of this title.

43-1505. Irrigation lateral districts. For the purpose of constructing, operating, and managing water in distributing systems by means of laterals, sublaterals, ditches, flumes, and pipe lines, an irrigation lateral district may be organized and created within the territory alrea…

43-1506. Change of name of irrigation districts. The board of directors of any irrigation district of the state of Idaho may petition the district court of the county in which the lands of said irrigation district or the greater portion thereof are situated for a change of the na…

43-1507. Investment of certain funds authorized. In addition to the authority conferred upon the board of directors of an irrigation district by section 57-127, Idaho Code, such board shall have the authority to invest the surplus funds of such district, in the negotiable, genera…

43-1508. Disposition of properties acquired by tax title. (1) Any irrigation district holding a tax deed issued pursuant to section 43-716 or 43-724, Idaho Code, shall be entitled to the same rights as a private purchaser, including the right to lease, sell, or retain the propert…

43-1509. Right to purchase lands when holding tax title. Any irrigation district holding tax title to, or a delinquency entry against, lands within its boundaries to which a county has heretofore taken or may hereafter take tax deed, may become the purchaser of such lands when th…

43-1510. Tax exemptions. The following irrigation district property and the revenue therefrom shall be exempt from taxation: (1) water rights for the irrigation of lands; (2) irrigation structures described in section 63-602N(2), Idaho Code; (3) all property described in section …

43-1601. Power to purchase. Any irrigation district organized or hereafter organized under the laws of the state of Idaho is hereby authorized and empowered to purchase state lands within the boundaries of such irrigation district from the state at the state sale of said lands an…

43-1602. Resolution to purchase — Payment. Whenever a board of directors of any irrigation district deems it for the best interest of the district to purchase any state lands within such district the said board shall determine what, if any, state land it desires to purchase and s…

43-1603. Appraisement — Sale — Construction work defined — Assessment of initial costs. Before any state lands shall be offered for sale within an irrigation district the state board of land commissioners shall cause said lands to be appraised, showing the value of the lands excl…

43-1604. Appraisal of improvements. In case an irrigation district shall become the purchaser of any state lands, as in this chapter provided, which lands or any portion thereof are held by a lessee, the district shall take the title to said lands subject to said lease, and the d…

43-1605. Contracts pledged for construction work. The board of directors of any irrigation district, after a sale and disposal of any lands purchased under this chapter, having contracts or evidence of lien on the lands so sold for the purchase price or any part thereof may use s…

43-1606. Elections. All elections held under the provisions of this chapter shall be in accordance with the laws governing elections authorizing the issuing of bonds by an irrigation district.

43-1607. Application of general laws. All provisions of the law with reference to the sale and disposal of state lands under the general laws of the state not in conflict herewith shall apply to the sale of state lands under the provisions of this chapter.

43-1701. Irrigation districts may submit reclamation proposals under Carey Act. In case there are within the boundaries of an irrigation district organized under the laws of this state lands which are in a condition to be selected under the Carey Act laws of the United States of …

43-1702. Certified check to accompany proposal. A certified check for a sum not less than fifty dollars ($50.00), nor more than two hundred fifty dollars ($250), as the department of water resources may determine, shall accompany each requested proposal by an irrigation district,…

43-1703. Contract for construction. Upon the withdrawal of the land by the department of the interior it shall be the duty of the department of water resources to enter into a contract for the construction of irrigation works with the district submitting the proposition, which co…

43-1704. Application to enter land. Any citizen of the United States, or any person having declared his intention to become a citizen of the United States (excepting married women), over the age of twenty-one (21) years, may make application under oath to the department of water …

43-1705. Proof of reclamation and settlement — Patent. Within one (1) year after the district authorized to construct irrigation works under the provisions of this title shall have notified the settlers under such works that it is prepared to furnish water under the terms of the …

43-1706. Issuance of patent. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the sett…

43-1707. Appurtenancy of water rights. The water rights to all lands acquired under the provisions of this chapter shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.