Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-2041. Indian Hills Project — Legislative finding. The legislature finds and declares that the development and settlement of arid lands under the Carey Act as provided in chapter 20, title 42, Idaho Code, and development of Carey Act projects by the Idaho water resource board a…

42-2042. Authorization — Financing. Pursuant to section 42-1756, Idaho Code, the Idaho water resource board is authorized to plan, finance, construct, acquire, operate, own, maintain, and be the project sponsor and developer of a water resource development project as provided in …

42-2043. Source of lands. If the lands in the project area become available to the state of Idaho by direct grant from the United States, other than through provisions of the Carey Act, the Idaho water resource board is authorized to proceed, as set forth in this act, as though t…

42-2044. Exemption from appropriation restrictions. The development of the water project authorized in this act is hereby declared to be exempt from the provision expressed in the last sentence of Section 1 of Chapter 470, Idaho Laws of 1969.

42-2201. Maintenance charges — Right to collect — Basis of assessment — Lien. Any corporation heretofore organized or any corporation that shall hereafter be organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnish…

42-2201A. Authorization for other assessment. The board of directors of a corporation which utilizes section 42-2201, Idaho Code, as the basis of their water stock assessments, after direction by a resolution of a majority of the stockholders at the annual meeting, may: (1) Make …

42-2203. Filing of claim of lien. On or after the first day of November and prior to the first day of January thereafter, the company, corporation or association, claiming the benefit of the lien herein provided, as against any parcel of land upon which the tolls, assessments and…

42-2205. Limitation of lien. No lien provided for in this chapter binds any land for a longer period than three (3) years after the filing of the statement mentioned in section 42-2203, Idaho Code, unless proceedings be commenced in a proper court within that time to enforce such…

42-2206. Foreclosure proceedings relate only to water or water rights. In the event that the owner or holder or occupant of the premises upon which water has been purchased or contracted for, has not, at the time of the filing of the claim of lien provided for in section 42-2203,…

42-2207. Foreclosure of lien. Proceedings in the way of civil action in the district courts may be commenced and maintained to enforce the lien herein provided, which proceedings may embrace one or more parcels of land, or one or more landowners, or reputed landowners; and except…

42-2208. Interest on delinquent assessments. All charges levied under the provisions of this chapter shall draw interest at twelve per cent (12%) per annum from the time when due and payable, to the entry of judgment of foreclosure, and the right of lien shall extend to such inte…

42-2209. Release of lien. It shall be the duty of the company, corporation or association of persons filing a lien statement as provided in section 42-2203, to cause a release of the same upon the records of the county where filed, in the same manner and with like penalties for f…

42-2210. Interpretation. This chapter shall not be held to affect the rights of any person, corporation, company or association of persons to charge or collect tolls, charges or assessments to which it may be otherwise entitled; nor the right of a corporation to make assessments …

42-2211. Securing supplemental water — Annual levies — Delivery of water upon payment. Any corporation of the character described in this chapter, in order to secure additional water for the irrigation of the lands of its stockholders to supplement their natural flow rights, by t…

42-2212. Condemnation funds for future expenses — Permanent trust fund — Investment. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or …

42-2213. Accumulated surplus funds — Investment. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall have accumulated, out of…

42-2301. Eradication of weeds by companies. Any company, association of persons, or corporation, engaged in the operation, control or management of any irrigation project or canal system for the purpose of furnishing water to its shareholders, not for profit or hire, shall have t…

42-2302. Funds for charges and expenses. To provide funds to meet necessary charges and expenses for the treatment and eradication of noxious weeds as provided in section 42-2301, the board of directors of such company, association of persons, or corporation, may utilize monies a…

42-2303. Cooperation with established weed program. The work to be carried on under the provisions of this act shall be in cooperation with the weed program of the constituted authorities of the state, pursuant to chapter 235 of the 1939 Session Laws, and Acts amendatory thereof,…

42-2304. Provisions of act permissive. The provisions of this act shall not be construed as mandatory, but permissive only as to any company, association of persons, or corporation, referred to in section 42-2301.

42-2401. Additional rights and powers granted irrigation or canal companies. Any corporation heretofore organized or any corporation that shall hereafter be organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishi…

42-2402. Purposes of organization determined from charter. The purposes for which said corporation has been organized shall be determined from the articles of incorporation of any such corporation.

42-2403. Validation of proceedings under 1921 act. Any and all elections and any and all things done and performed by any such corporation organized under the laws of this state, not otherwise invalid, had, done or performed in pursuance of, or in reliance upon, chapter 65 of the…

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…