Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-5236. Judicial proceedings to test validity. If any official required to participate in any act leading to the calling or holding of the required election or the execution of any required contract shall refuse to perform such act alleging as his reason illegality of the propos…

42-5237. Tax exemption. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.

42-5238. Liberal construction. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any a…

42-5239. 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…

42-5240. Lien of assessment. From and after February 1 of any year, all assessments, other than those levied against municipalities, shall be liens against the land of ground water users to which the water rights used to determine assessments are appurtenant, and notwithstanding …

42-5241. Payment of assessments — When delinquent — Interest and penalties. (1) District assessments levied pursuant to subsections (2) through (4) of section 42-5232, Idaho Code, shall be billed and collected in one (1) of the following ways: (a) On or before the first day of De…

42-5242. Entry of delinquent assessments — Filing of delinquency list. (1) On or before February 15 of each year the treasurer shall enter the amount of all delinquent assessments on the assessment book, which entry shall be considered to be dated as of the first day of February.…

42-5243. Redemption and sale of property subject to delinquent assessments. The manner in which property subject to a lien for nonpayment of assessments may be redeemed, and if not redeemed, shall be sold as provided in sections 43-712, 43-715 through 43-721, 43-724 and 43-726, I…

42-5244A. APPORTIONMENT OF MITIGATION PLAN OBLIGATIONS. (1) The board of directors may apportion among district members mitigation plan obligations requiring district members to limit the amount of water diverted under their respective ground water rights or perform other actions…

42-5244B. DELINQUENT ASSESSMENTS — NONCOMPLIANCE WITH MITIGATION PLAN. A water user who is delinquent in the payment of any assessment under this chapter, or who has failed to comply with any apportionment of mitigation obligations imposed by the board under this chapter, shall n…

42-5245. Petition for annexation of land. Any ground water user, as defined in section 42-5201(8), Idaho Code, as well as any user of ground water for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, may file with the board a petition in writing prayi…

42-5246. Notice of petition. The board secretary shall cause a notice of the filing of such petition to be published in the manner of notices of elections. The notice shall state the filing of such petition, and the name of the petitioner, a description of the lands mentioned in …

42-5247. Hearing on petition. The board, at the time mentioned in said notice or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on his par…

42-5248. Assessments against annexed lands. (1) The board of directors may require, as a condition to the granting of an annexation petition, that the petitioners shall severally pay to the district such respective sums, as nearly as the same can be estimated, as said petitioners…

42-5249. Order accepting or rejecting petition. (1) If the board of directors deems a proposed annexation not to be in the best interests of the district to include the lands mentioned in the petition, the board shall reject the petition. But if they deem it for the best interest…

42-5250. Order to be recorded. Upon a change of the boundaries of a district becoming effective, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder’s office of each c…

42-5251. Petition for exclusion of lands — Ground water irrigated lands — Lands of nonirrigator — Lands may remain in the district for mitigation purposes. (1) Any district member who is an irrigator may file with the district board a petition requesting that the member’s irrigat…

42-5252. Contents of petition — Representations, certification and liability — Waiver of benefits upon exclusion. (1) A petition for exclusion shall set forth or include the following: (a) A description of the land and/or facilities of petitioner for which exclusion is requested,…

42-5253. Order of exclusion. (1) In the event the district’s board of directors grants a petition for exclusion, the board shall, by resolution, make an order forthwith excluding the lands described in the petition either for all purposes or for only those purposes not related to…

42-5254. Survey of land to be excluded. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. If the land described in the petition is described in accor…

42-5255. Costs of excluding land. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except as provided in section 42-5254, Idaho Code. The board may require a deposit of the estimated costs before granting the petition. If…

42-5256. Changes to be filed for record. Any decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner’s land and changing the boundaries of such ground water district shall be filed for record in the recorder’s office of the …

42-5257. Exclusion — Effect — Obligations outstanding — Enforcement — Payment — Certificate. (1) Except as otherwise provided in this chapter, land and/or facilities excluded from any ground water district shall not thereafter be entitled to any of the rights and benefits of the …

42-5258. Reinstatement of lands. Where lands have been excluded from a ground water district they may be reinstated to the district by following the procedures provided in sections 42-5245 through 42-5250, Idaho Code, except that the board of directors, in its discretion, may ref…

42-5259. Participation by nonmember in district solely for mitigation purposes. Upon written request from any ground water user who is not a member of a district, a district board of directors may enter a contract with such nonmember pursuant to which the nonmember shall be allow…

42-5260. Petition to annex state land. The state board of land commissioners may, by resolution duly passed at any meeting of such state board and recorded in its minutes, after due consideration in each specific case, authorize the governor of the state of Idaho, as chairman of …

42-5261. Petition for dissolution of district. Whenever a majority of the members entitled and qualified to vote in district elections so desire, they may petition the board to call a special election to submit to the qualified district electors a proposal to vote on the dissolut…

42-5262. Call for election on dissolution petition. It shall be the duty of the said board of directors, if it approves the dissolution petition, to call an election in accordance with section 34-106, Idaho Code, for the purpose of submitting to the qualified electors of the dist…

42-5263. Notice of dissolution election. Notice of such election must be given by posting notices in five (5) public places in each election precinct in said district at least four (4) weeks before the date of said election and by the publication thereof for the same length of ti…

42-5264. Conduct of dissolution election. An election on a dissolution petition shall be held in all respects as near as practicable in conformity with the provisions of sections 42-5211 through 42-5213, Idaho Code. Those district members who are qualified to vote pursuant to sec…

42-5265. Canvass of returns on election for dissolution. On the first Monday after any such election the board of directors of the district shall meet at its usual place of meeting to canvass the returns, and when they shall have declared the result the secretary shall make full …

42-5266. Petition for confirmation of dissolution by district court. Immediately after such election, in case the proposal has carried by a vote of members representing a majority of the ground water rights in the district, measured by cubic feet per second, the board shall file …

42-5267. Character of proceedings for confirmation. Dissolution proceedings shall be in the nature of a suit to quiet title with respect to so much of the land and/or facilities within the district as is affected by the proposed dissolution. In such proceedings the board shall be…

42-5268. 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 that there is no such outstanding indebtedness of such district, or in case there is any such indebtedness outstanding that the holde…

42-5269. Dissolution without election — Petition — Conditions. (1) A ground water district may be dissolved without the holding of the election provided for in this chapter upon complaint or petition of parties holding and owning fifty percent (50%) or more, measured on the basis…

42-5270. Dissolution without election — Parties. In such petition the petitioners or complainants shall be named as plaintiffs and the ground water district, and its directors, if any there are, and all persons having interest in or claim against the district, without naming them…

42-5271. 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…

42-5272. Dissolution — Appeal. Each party to any proceeding for dissolution of a district under this act shall have the right of appeal as in other civil cases.

42-5273. Consolidation of two or more ground water districts. Whenever the boards of directors of any two (2) or more ground water districts which together form a contiguous area determine that it is in the best interests of their respective districts that the districts be consol…

42-5274. Procedure for consolidating one ground water district within another having substantially larger ground water diversions. In those cases where the cumulative total ground water diversions (excluding diversions under domestic and stockwater rights) in one (1) district are…

42-5275. Exercise of powers under this chapter by irrigation districts organized under title 43. Any irrigation district organized and operating pursuant to title 43, Idaho Code, may exercise the authorities provided under this chapter to the extent doing so does not conflict wit…

42-5276. Inclusion of irrigation districts organized under title 43. Where the water supply for lands is ground water provided by an irrigation district established under title 43, Idaho Code, and such lands are included in and subject to assessment by the irrigation district, su…