Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-3226. Correction of faulty notices. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be …

42-3227. Separability. If it should be judicially determined that any part of this act is invalid or unenforcible, such determination shall not affect the remaining parts, it being the intention to make this act and all its parts severable.

42-3228. Budget and hearing. A board shall adopt a budget and shall cause a public hearing to be held upon such budget, prior to certifying a tax levy to the board of county commissioners of each county within the district, or having a portion of its territory within the district…

42-3229. Notice of hearing. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each water and sewer district to be determined by the board; a copy of such notice shall also be…

42-3230. Public inspection of budget — Time and place. Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.

42-3231. Quorum of board at hearing. A quorum of the board shall attend such hearing and explain the proposed budget and hear any and all objections thereto.

42-3232. Validation of acts taken pursuant to this chapter. (1) All acts and proceedings heretofore taken pursuant to chapter 32, title 42, Idaho Code, for the organization of the district, the elections incidental thereto, the authorization, issuance, and sale of bonds of any su…

42-3233. Merger authorized. Two (2) or more water and/or sewer districts may vote to merge upon such terms as the districts may agree. In order to bring the matter to a vote, each board of directors, by majority vote, must independently vote to call an election for a vote to merg…

42-3234. Majority vote required. If all boards of directors of districts proposing to merge call for the election, each district shall independently hold an election, subject to the provisions of section 34-106, Idaho Code, and if more than a majority of those voting in each elec…

42-3235. Voting procedure. Qualifications for and methods of voting, conduct of the election and canvass of the returns shall be the same as provided for the election of a director.

42-3236. Ballot. Each ballot shall have attached to it a summary of the terms of the merger, and the ballot issue shall read: Shall ……………………and …………………sewer and/or water districts merge into one sewer and/or water district to be known as ……………………….on the summary of terms outlined…

42-3237. Court order declaring merger. In the event all districts voting on the issue pass the same, each board shall certify the results of the election to the district court in which most of the territory of the merged district will be. Upon satisfying itself that the election …

42-3238. Private community sewer system — Properties exempt from other taxation. Notwithstanding any other provision of law, no water district, sewer district or water and sewer district shall levy or collect any tax, any fee or any other charge of any kind related in any way to …

42-3239. Dissolution of a district upon transfer of assets to municipality. (1) A water, sewer, or combined water and sewer district may transfer to a municipality the assets of the district and dissolve upon a determination that each of the following conditions exists: (a) The m…

42-3240. annexation or withdrawal of area in a city. Any area embraced within the limits of any city may be annexed into or withdrawn from a water and/or sewer district organized under this chapter in accordance with the following: (1) The city council of the city and the board o…

42-3301. Appointment of members of commission to serve on joint commission relating to waters of Bear River. The governor of the state of Idaho is hereby authorized to appoint a commission consisting of three (3) commissioners, of which the director of the department of water res…

42-3302. Legal, engineering and other assistants. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistants as …

42-3303. Authority and duties of commissioners. Said commissioners, or alternate commissioners in the absence of appointed commissioners, for the state of Idaho shall have authority to make full investigations of Bear River and its tributaries and the drainage area thereof, as ma…

42-3304. Director of the department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, to aid and assist the commissioners to be app…

42-3305. Request for reciprocal legislation and proper congressional resolution. The governor of Idaho shall advise the governors of the states of Utah and Wyoming and the President of the United States of this enactment and request that reciprocal legislation be enacted by said …

42-3306. Tenure of office — Remuneration and expenses — Reduction of number. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the states of Utah and Wyoming s…

42-3313. Commission to serve on joint commission relating to waters of Snake River. The governor of the state of Idaho is hereby authorized to appoint a commission of ten (10) members, of which the director of the department of water resources shall be one (1), to represent the s…

42-3314. Legal, engineering and other assistance. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistance as …

42-3315. Authority and duties of commission. The said commissioners for the state of Idaho shall have authority to make full investigations of Snake River and its tributaries and the drainage area thereof, as may be necessary in order to determine the facts as to physical conditi…

42-3316. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, to aid and assist the commissioners to be appoint…

42-3317. Request for reciprocal legislation and proper congressional resolution. The governor of Idaho shall advise the governor of the state of Wyoming and the president of the United States of this enactment and request that reciprocal legislation be enacted by said state and t…

42-3318. Tenure of office — Remuneration and expenses — Reduction of number. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the state of Wyoming shall appoi…

42-3319. Commission to serve on joint commission relating to waters of Columbia River. The governor of the state of Idaho is hereby authorized to appoint a commission of five (5) members, of which the director of the department of water resources shall be one (1), to represent th…

42-3320. Legal, engineering and other assistance. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistance as …

42-3321. Authority and duties of commission. The said commissioners for the state of Idaho shall have full authority to make full investigations of the Columbia River and its tributaries, including the Snake River, and the drainage thereof, as may be necessary in order to determi…

42-3322. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, or whoever they may appoint, to aid and assist th…

42-3323. Request for reciprocal legislation and congressional enabling legislation. The governor of Idaho shall advise the governors of the states of Washington, Oregon, Montana, Utah, Wyoming and Nevada, and the president of the United States of this enactment and request that r…

42-3324. Tenure of office — Remuneration and expenses. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him.

42-3401. Snake River Compact ratified. Ratification and approval is hereby given to the Snake River Compact as signed at the city of Cheyenne in the state of Wyoming on the 10th day of October, 1949, by the commissioners of the state of Idaho, acting pursuant to authority granted…

42-3402. Bear River Compact ratified. Ratification and approval is hereby given to the Bear River Compact as signed at the city of Salt Lake City, in the state of Utah on the twenty-second day of December, 1978, by Clifford J. Skinner, J. Daniel Roberts and Don W. Gilbert, commis…

42-3404. Anadromous fish — Compact with Washington and Oregon — Regulatory powers of fish and game representatives of states. Should congress by virtue of the authority vested in it under article 1, section 10, of the Constitution of the United States, providing for compacts and …

42-3501. Bear River Compact commissioners — Appointment. The governor of the state of Idaho is hereby authorized and directed to appoint three (3) commissioners to represent the state of Idaho on a joint commission to be composed of three (3) commissioners from each of the states…

42-3502. Qualifications of commissioners of Bear River Compact. Two (2) of the commissioners shall be electors of the state of Idaho who are residents within the watershed of the Bear River in Idaho. One (1) commissioner may be the director of the department of water resources of…

42-3503. Terms of Bear River Compact commissioners — Filling vacancies. The appointment of each commissioner shall be for a six (6) year term but may be terminated at the pleasure of the governor: Provided that the appointments of the commissioners first appointed shall terminate…

42-3504. Remuneration and expenses of Bear River Compact commissioners. The remuneration and expenses of the commissioners shall be fixed by the governor. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Bear River Comm…

42-3505. Columbia Interstate Compact becoming operative upon ratification and enactment of legislation. The compact set forth in section 42-3403 shall not become operative unless and until it has been ratified and approved by appropriate legislative enactment by the states of Was…

42-3506. Commissioners of Columbia Compact Commission — Appointment — Term — Vacancies. There shall be three (3) members of the Columbia Compact Commission from the state of Idaho. They shall be appointed by the governor with the consent of the senate and shall hold office at the…

42-3507. Powers granted to Columbia Compact Commission. There is hereby granted to the commission and the commissioners thereof all the powers provided for in said compact and all powers necessary or incidental to the carrying out of said compact in every particular.

42-3508. Per diem and expenses paid Columbia Compact Commission. Each member of the Commission from the state of Idaho shall be compensated, from funds appropriated by the Legislature for that purpose, as provided by section 59-509(f), Idaho Code, for each day devoted to the busi…

42-3509. Remuneration and expenses of Columbia Compact commissioners. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Columbia Compact Commission shall be appropriated by the legislature to the state department of wate…

42-3510. State officers to render assistance to Columbia Compact Commission. All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdiction, necessary to or incidental to the carrying out of said compact …