Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-2404. Powers vested in stockholders. The rights, powers and privileges herein created and granted shall vest in and be held and exercised by the stockholders except in so far as they may be expressly delegated to the directors by the articles of incorporation or by-laws of the…

42-2501. Right to transfer recognized. The owner of any lands to which a water right has been made appurtenant pursuant to the provisions or operation of the act of congress of the United States known as the Carey Act may transfer such water right, in whole or in part, to other l…

42-2502. Instrument of conveyance — Execution — Recordation. The transfer of a water right, in whole or in part, made by such person to other lands so owned by him shall be evidenced by a written instrument executed and acknowledged by such person as other conveyances of real est…

42-2503. Consent of Carey Act operating company to transfer. Before the transfer of a water right shall take effect under this chapter a person interested therein must apply to the board of directors of the corporation operating such Carey Act irrigation system for consent to the…

42-2507. Transfer of stock certificates evidencing water right. When a transfer of a water right or of a portion thereof is made effectual under this chapter otherwise than by lease the certificate or certificates evidencing the ownership thereof shall be surrendered to the corpo…

42-2508. Effect of lease upon appurtenancy. A lease of a water right or of a portion thereof shall not change the appurtenancy of such right, but the same shall remain an appurtenant of the land of the lessor, subject only to the rights of the lessee to make use of the same.

42-2509. Rights of lienholders protected. No water right or any portion thereof shall be transferred from one tract of land to another under the provisions of this chapter where there is a valid existing mortgage or other lien or encumbrance on the land to which such water right …

42-2701. Sales under government irrigation works. Whenever the United States shall, through its proper officers, authorize the construction of any irrigation works in this state under the provisions of the Reclamation Act of June 17, 1902, no lands belonging to the state whose ir…

42-2702. Sales under government irrigation works — Limitation of time to apply for water. In all contracts for the sale of lands, hereafter made, the irrigation of which depends upon the construction of irrigation works under the provisions of the Reclamation Act of June 17, 1902…

42-2703. Contracts with federal government for irrigation of state lands. The state land board is hereby authorized and directed on behalf of the state to make and enter into suitable contracts with the secretary of the interior to provide for the irrigation of state lands within…

42-2704. Continuing appropriation of Carey Act trust fund. The funds accumulated and to be accumulated under the provisions of section 42-2018 are hereby appropriated for the purpose of carrying out the provisions of such contracts between the state land board and the secretary o…

42-2705. Funds expended under direction of secretary of the interior. It may be provided in such contracts that the fund appropriated herein may be used under the direction of secretary of interior to supplement such funds as may be available for this purpose from the national re…

42-2706. Reimbursement of Carey Act trust fund. Provision shall be made for the collection of all sums expended by the state under this chapter and their return to the state is not to exceed ten (10) annual installments, said installments to be collected and returned to the state…

42-2707. Conveyance of property to United States authorized. Whenever the board of county commissioners of any county shall adjudge that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to convey real property …

42-2708. Procedure for making conveyance. Before making any such conveyance, the board of county commissioners shall enter a resolution declaring the intention of such board to make a conveyance of real property under authority of this act, and shall cause notice thereof to be pu…

42-2709. Determination of consideration. If no objections are filed or objections are overruled, the board may then convey the real property proposed in said resolution to be conveyed, as herein authorized; such conveyance may be for such consideration as may be determined by sai…

42-2801. Board of county commissioners — Authority in irrigation and drainage proceedings. The boards of county commissioners of the several counties of the state of Idaho are hereby authorized and empowered to make all necessary orders for and cause to be constructed and maintai…

42-2802. Enlargement of existing works — Purchase and completion of incomplete works — Purchase and completion of payments on partially paid storage rights. The board of county commissioners may enlarge, improve or extend existing reservoirs, canals and other irrigation and drain…

42-2803. Election procedure same as in other county bond elections. In calling and holding such elections and canvassing the vote and in all other proceedings not otherwise provided herein, the board of county commissioners shall follow the procedure prescribed by law for county …

42-2804. Petition — Deposit of petitioners. Before any public irrigation or drainage work specified in this chapter shall be established, a petition signed by one hundred (100), or twenty-five per cent (25%) of the owners of the land described in such petition, as the land propos…

42-2805. Director of the department of water resources — Examination and report on practicability of plan — Calling of election — Procedure upon approval of bond issue — Appeal. Upon the filing of the petition, and the making of the cash deposit, as herein provided, the board of …

42-2806. Contracts — Procedure for making similar to that in irrigation districts — Exception — Approval of director. In making contracts for the construction or purchase of irrigation or drainage works or the right to the use of works constructed or to be constructed, the county…

42-2807. Lands assessed — State lands. All lands directly benefitted by any irrigation or drainage project, or any irrigation or drainage works established under this chapter, and all public or corporate roads or railroads so benefitted in whole or in part, shall be assessed in p…

42-2808. Cooperation with state under Carey Act. All counties in which irrigation projects shall be established under the provisions of this chapter by order of the board of county commissioners and all counties containing part or portion of the lands to be irrigated or reclaimed…

42-2809. Counties authorized to act as irrigation district. For the purpose of performing the acts and exercising the powers granted by section 43-1801 of the Idaho Code and the act of Congress of August 11, 1916, entitled "An Act to Promote Reclamation of Arid Lands," (39 Stat. …

42-2810. Cooperation with federal government under federal reclamation laws. Any county in which any irrigation or drainage project shall have been established under the provisions of this chapter by order of the board of county commissioners, or which contains any part of the ir…

42-2811. Bonds to be issued after lien statement filed — Direct obligation of county — Form, terms, and conditions — Provisions for payment. The board of county commissioners of each and every county wherein any irrigation or drainage projects are proposed to be wholly or partial…

42-2812. Sinking fund. The board of county commissioners of any county in which any irrigation or drainage project is established under this chapter are authorized to provide by resolution for a sinking fund for the payment of the bonds issued under the provisions of this chapter…

42-2813. Lien statement — Contents. At the earliest practicable time after the letting of the contract for the construction or use of any irrigation or drainage works as herein provided, the auditor of each county affected thereby shall make in tabular form a list and statement s…

42-2814. Lien statement — Execution — Filing — Effect. Such statement shall then be signed by the county auditor in the presence of two (2) attesting witnesses and be duly acknowledged by him, and shall then be duly filed and recorded by the county recorder of such county. The am…

42-2815. Interest — Premium on bonds. The amount that each tract of land, public or corporate road or railroad shall be liable for on account of the establishment of any irrigation or drainage project under the provisions of this chapter shall bear interest from the date of the f…

42-2816. Liens — How paid — Taxes. The payment of such liens shall be made to the same county officer to whom other county taxes are required by law to be paid and become due and delinquent on the same day of the year as other county taxes. The date of the maturity of said lien s…

42-2817. Liens and payments — Subdivisions of lien. In all cases in which a lien has been established against any tract or tracts of land comprising more than one government lot or forty-acre subdivision by reason of benefits assessed thereon in any irrigation or drainage project…

42-2818. Repairs — Assessments — Lands in other counties. After the construction of any such public drainage or irrigation project within the state of Idaho under this chapter, and until the board of county commissioners shall have made a suitable contract with some existing irri…

42-2819. Distribution of reservoir or other water through existing canal systems — Cooperation with companies and districts. In all cases where the lands assessed for any water supply or any reservoir or reservoir capacity constructed or made available under the provisions of thi…

42-2820. Operating districts — When created — Vested with powers of irrigation districts — Board of directors. The lands assessed for benefits of any irrigation or drainage project established under this chapter and not lying under or within the area capable of irrigation from an…

42-2821. Payment of interest for five years out of proceeds of sale of bonds. The board of county commissioners, by a suitable order duly made and recorded in the office of the county recorder, may, when they deem it advisable, provide for payment of interest on such county bonds…

42-2822. Assessment of state lands — Separable portion of chapter. The provisions of this chapter providing for the assessment of state lands shall be considered a separable portion of this chapter, and it is hereby declared to be the intention of the legislature that the remaind…

42-2823. Compensation of county commissioners — Employment of assistance. The county commissioners in addition to their compensation otherwise provided by law shall be entitled to compensation for their services required under this chapter at the rate of five dollars ($5.00) per …

42-2901. Corporate powers of drainage districts. Any portion of a county requiring drainage or diking, or both, may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power …

42-2902. Appropriation of water available for irrigation purposes. The boards of commissioners of drainage districts are hereby authorized and empowered to file upon and appropriate in the manner provided by law, waters created or made available for irrigation purposes, by the co…

42-2903. Appropriation of irrigation waters — Assessments for expenses. The board of commissioners of drainage districts are hereby authorized and empowered to assess upon lands within the district, benefited by such filing and appropriation as provided in section 42-2902, a suff…

42-2904. Municipality may act as drainage district. Any village or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such village or city ma…

42-2905. Petition for organization. For the purpose of the formation of such drainage district a petition shall be presented to the clerk of the district court of the county in which a greater portion of the lands of said proposed district are located, which petition shall set fo…

42-2906. Petition — Bond — Condition for withdrawal of names. Said petitioners 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 said proposed district is located, running to the state of Idaho, in the penal …

42-2907. Action on petition — Notice of hearing. After the filing of said petition the judge of the court shall fix a time for the hearing of said petition by order made by him, which order shall provide that said petition be published for at least three (3) successive weeks in s…