Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-4002. Definitions. Whenever used in this act the term: (a) "Department" means the Idaho department of water resources. (b) "Director" means the director of the Idaho department of water resources. (c) "Geothermal resource" means the natural heat energy of the earth, the energy…

42-4003. Permits — Application — Fee — Exceptions. (1) Any person who, as owner or operator, proposes to construct a well or to alter a well or to construct or to alter an injection well shall first apply to the director for a geothermal resource well permit, except as provided i…

42-4004. Processing of applications — Investigations — Hearings. (a) Upon receipt of an application made pursuant to section 42-4003, Idaho Code, it shall be the duty of the director to examine such application to ascertain, within thirty (30) days of receipt, if it sets forth al…

42-4005. Permit — Issuance — Sufficient security — Review — Appeal. (a) If the director finds that the well or the injection well as proposed to be constructed or altered is in the public interest, he shall issue a permit. The director may issue a permit substantially in accordan…

42-4006. Permit applications — Consolidation. The water resource board may, by regulation, provide for the consolidation of permit applications where several wells are proposed to be constructed in a geothermal area either for exploration or for development. Such regulations shal…

42-4007. Well abandonment or discontinuance of operation — Notice. At least five (5) days before any operation to abandon any well or injection well is commenced, the owner or operator thereof shall submit in writing a notification of intention to abandon to the director for appr…

42-4008. Well abandonment — Order of approval or disapproval. The director may, before the proposed date for commencing any abandonment operation, approve by order in writing, or, if found to be necessary, approve orally to be followed within forty-eight (48) hours by a written a…

42-4009. Well abandonment — Report — Action by director. (a) Within five (5) days after the completion of the abandonment of any well or injection well, the owner or operator of the abandoned well or injection well shall report, in writing to the director on such form as may be p…

42-4010. Powers and duties — Penalties — Enforcement procedure. (a) The water resource board may adopt, amend, or rescind reasonable rules, regulations, and construction standards necessary to the administration of this chapter in accordance with chapter 52, title 67, Idaho Code.…

42-4011. Name of owner on permit — Transfers restricted — Permit amendment, fee. (a) No well may be owned or operated by any person whose name does not appear on the permit or permit application therefor, nor may any well be transferred to any new owner or operator unless an appl…

42-4012. Resident agent — Actions — Hearings — Appeals. (a) Every permit holder, owner, and operator of any well shall designate to the director an agent who resides in this state upon whom may be served all orders, notices, or permits issued by the director. (b) Any person adver…

42-4013. Cooperative unit agreements — Voluntary — Involuntary. (a) Whenever the director finds that it is in the public interest and especially in the interest of the conservation of natural resources and of the protection of the geothermal resources of this state from waste, th…

42-4014. Liberal construction. This act shall be construed liberally to serve its purposes and policy.

42-4015. Statutory construction. Whenever the masculine gender is used in this act it shall read as the masculine, feminine, or neuter genders as may be appropriate; the singular form shall also be read as referring to the plural form wherever it is appropriate to do so.

42-4101. Short title. The following eighteen (18) sections may be cited as the "Water and Sewer District Revenue Bond Act."

42-4102. Grant of authority. Any water and/or sewer district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage such works in the most efficient manner consistent with sound economy and public advantage, to the …

42-4103. Definitions. For the purpose of this act, unless a different meaning clearly appears from the context, the following terms shall be ascribed the following meanings: (a) The term "works" shall include water systems and sewerage systems; (b) The term "water system" shall i…

42-4104. Powers. In addition to the powers which it may now have, any district shall have power under and subject to the following provisions: (a) To acquire by gift or purchase and to construct, reconstruct, improve, better or extend any works within or without the district, or …

42-4105. Supervision of works. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of this act, and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and con…

42-4106. Works to be self-supporting. The commissioners of the district issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works, and shall revise such rates, fees,…

42-4107. Use of works — Revenue. Any district issuing bonds under this act for the acquisition, construction, reconstruction, improvement, betterment or extension of any works, shall have the right to appropriate, apply or expend the revenue of such works for the following purpos…

42-4108. Preliminary expenses. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, employment of engineers and other employees, making of notices, taking of options, legal and …

42-4109. Resolution prior to construction — Election. Before any district shall construct or acquire any works under this act, the commissioners of such district shall enact a resolution or resolutions which shall, (a) set forth a brief and general description of the works, and i…

42-4110. Bonds — Form — Conditions. Revenue bonds issued under authority of this act shall be sold, executed and delivered at public or private sale in the manner as provided by the municipal bond law. Revenue bonds may also be sold by electronic bidding as provided in section 57…

42-4111. Bonds — Issuance — Terms — Conditions. Whenever revenue bonds are authorized to be issued, the district commissioners shall by resolution provide for the issuance thereof. The resolution authorizing the issuance of said revenue bonds, for the purpose authorized, shall co…

42-4112. Validity of bonds. Any resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to the water and sewer district revenue bond act, which recital shall be conclusive evidence of their validity and of the regularity …

42-4113. Lien of bonds. All bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims or obligations, have prior and paramount lien on the revenue of the works for which said bonds have been issued, except that where provision is made in…

42-4114. District not liable on bonds. Bonds issued pursuant to the water and sewer district revenue bond act shall not be a debt of the district and the district shall not be liable thereon, nor shall they be payable out of any funds other than the revenue pledged to the payment…

42-4115. Works and bonds exempt from taxation. So long as a district shall own any works, the property and revenue of such works shall be exempt from taxation. Bonds issued under the water and sewer district revenue bond act and the income therefrom shall be exempt from taxation,…

42-4201. Jerome, Lincoln, Gooding and Twin Falls counties — Project to recharge ground water basins — Director’s authority to issue permit — Limitations. (1) The welfare of the people of the state of Idaho is dependent upon the conservation, development, augmentation and optimum …

42-4202. Aquifer recharge district — Formation. For purposes of formation of the aquifer recharge district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by t…

42-4203. Formation of district — Declaration by director. After receipt of the petition, map and statement, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the loc…

42-4204. Board of directors — Composition — Appointment of first board — Election of subsequent boards. (1) The board of directors of the aquifer recharge district shall consist of five (5) members. Each member shall be a water user, or representative of a water user within the d…

42-4205. Municipalities — Manner of voting for directors. Each municipality which has elected to be and is included within the district shall be entitled to one (1) vote for each director to be elected and the vote of the majority of the members of the city council of each such m…

42-4206. Water users other than municipalities — Qualifications for voting. Any water user, as defined in section 42-4202(1), Idaho Code, or a representative thereof, within the district who possesses the qualifications required of electors under the general laws of the state and…

42-4207. Registration required. Pursuant to the provisions of section 34-1402, Idaho Code, registration shall be required of qualified electors, as defined in section 42-4206, Idaho Code, in any election held in the aquifer recharge district. In addition to the requirements for r…

42-4208. Notice of election. The secretary of the district shall give notice of all elections in the district by publication of the notice in accordance with the provisions of section 34-1406, Idaho Code. Notices shall state the time of said election and the location of polling p…

42-4209. Conduct of elections. The election shall be conducted in accordance with the general laws of the state including the provisions of chapter 14, title 34, Idaho Code. The board of directors shall designate polling places in such number as it may deem necessary. At least te…

42-4210. Canvass of returns — Declaration of winners. On the first Monday after each election, or at a time designated by the board of directors, the board shall meet at its usual place of meeting and proceed to canvass the returns. By order entered on its minutes, the board shal…

42-4211. Board of directors — Officers — Meetings — Compensation — Vacancies. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office during the pleasure of the board. The treasurer shall on his app…

42-4212. Powers and duties of the board of directors. The board shall have the following powers and duties: (1) to manage and conduct the business and affairs of the districts; (2) to employ and appoint such agents, officers and employees as may be required and prescribe their du…

42-4213. Legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the aquifer recharge district and shall be held by the district in trust for, and is hereby dedicated and set apart …

42-4214. Conveyance of property — Actions. The board is hereby authorized and empowered to take conveyance of or other assurances for all property acquired by it under the provisions of this chapter in the name of the district for the purposes herein expressed. The board may inst…

42-4215. Levy of assessments. The secretary of the board of directors shall be the assessor of the district, and on or before August 1 of each year shall prepare an assessment book containing a full and accurate list of all water users within the district. At a regular meeting of…

42-4216. Power to incur indebtedness — Assessments to secure repayment. In order to secure funds for the construction of diversion works and facilities of the district, or the construction of any capital improvements thereto, the board of directors may, by resolution duly adopted…

42-4217. Lending institutions — Right to compel assessments — Alternative remedy. If in any year the board of directors fails to levy assessments for the repayment of indebtedness in amounts sufficient to meet a payment or payments falling due, the lender may bring an action in t…