Title 43 — IRRIGATION DISTRICTS

43-101. Who may propose organization. Whenever fifty (50), or a majority, of the holders of title, or evidence of title, to lands susceptible of one or more modes of irrigation from the same or different sources and by the same or different systems of works, desire to provide for…

43-102. Petition for organization. A petition shall be first presented to the board of county commissioners of the county in which the greatest proportion of the proposed district is situated, signed by the required number of holders of title or evidence of title to the required …

43-103. Maps and water supply data. If it be proposed by said petition to construct new works for the irrigation of said lands, or to purchase works only partially completed and not yet in operation, the petitioners must accompany the petition with a map of the proposed district.…

43-104. Bond. The petitioners must also accompany the petition with a bond, to be approved by the said board of county commissioners, in double the amount of the probable cost to the county of organizing such district, conditioned that the bondsmen will pay all said costs, in cas…

43-105. Notice of presentation to commissioners. Such petition may be filed with the clerk of the board of county commissioners at any time, and on such filing said clerk shall publish a general notice that (giving the first name on the petition) and others have filed a petition …

43-106. Notice of hearing. When such petition is presented, the said board shall set a time for a hearing upon the same, which time shall not be less than four (4) nor more than eight (8) weeks from the date of presentation. A notice of the time of such hearing shall be published…

43-107. Examination by department of water resources — Report to county commissioners — Amendment of plan. A copy of such petition and all maps and other papers filed with the same shall be filed in the office of the department of water resources at least four (4) weeks before th…

43-108. Order of board. When they shall have determined to proceed with the matter, said board may adjourn such hearing from time to time, not exceeding four (4) weeks in all, and on final hearing may make such changes in the proposed boundaries as they may find proper, and shall…

43-109. Divisions of district for election of directors. (1) Such board shall also make an order dividing the district into not less than three (3) nor more than seven (7) divisions of as nearly equal size as practicable, which shall be numbered first, second, third, etc., and on…

43-110. Notice of election. Said board shall then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under the provisions of this title. Such notice shall describe the lands in said district wi…

43-111. Qualifications of voters — Votes based on assessed acres. (1) No person shall be entitled to vote at any election held under the provisions of this title for the purpose of electing directors, for the purpose of determining whether indebtedness shall be created or bonds i…

43-112. Conduct of elections. (1) Such election shall be conducted as nearly as practicable in accordance with the general laws of the state: provided, no particular form of ballot shall be required, and that the provisions of the election laws as to the form and distribution of …

43-113. Registration not required. No registration shall be required in any irrigation district election, but in lieu thereof the judges of election shall require every elector to subscribe to an elector’s oath as prerequisite to casting his vote, and such oath shall be the usual…

43-114. Canvass of votes — Completion of organization. Immediately after any election for voting upon the organization of an irrigation district, the judges of such election shall forward the official results of said election to the clerk of said board of county commissioners. Th…

43-115. Limitation on proceedings affecting validity. No action shall be commenced or maintained, or defense made affecting the validity of such organization after two (2) years from and after the making and entering of said order on its minutes by the board of county commissione…

43-116. Organization meeting of board. Said board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands are situated. If it shall appear, however, that more than …

43-117. Treasurer’s official bonds. The treasurer shall on his appointment execute and file with the secretary an official bond in such amount as may be fixed by the board of directors of the district, which shall not be less than $5000; and shall thereafter from time to time exe…

43-118. Districts including lands under existing canals — Decree of confirmation — Rights of landowners — Powers of districts. Where the petition or petitions for the organization of any irrigation district now or hereafter organized under the laws of the state of Idaho, includes…

43-119. Rights and privileges of corporations — limited liability companies — partnerships — trusts. A corporation, the stock of which is owned entirely by natural persons related by blood or affinity, a limited liability company, in which all the members are natural persons rela…

43-201. Election, term of office, nominations and qualifications. (1) Following the organization of any district, an election shall be held in accordance with section 34-106, Idaho Code, at which shall be elected one (1) director for each division of said district by the electors…

43-201A. When election not required. If, pursuant to section 43-201, Idaho Code, the secretary of the district verifies that there is only one (1) qualified candidate who has been nominated for the position of director to be filled, it shall not be necessary to hold an election f…

43-202. director’s Oath and bond. On the date a director’s term of office is to begin, at the meeting of the irrigation district’s board of directors as provided in section 43-201(2), Idaho Code, the person that has been elected shall: (1) take and subscribe the official oath req…

43-203. Increasing or decreasing number of directors — Petition. In any irrigation district, organized under the laws of the state of Idaho, having three (3), five (5) or seven (7) directors, whenever a petition amounting to fifty per cent (50%) of the votes cast at the last annu…

43-204. Increasing or decreasing number of directors — Hearing and election. Upon the filing of a petition with the board of directors of any irrigation district as provided in section 43-203 the board of directors of such district shall set a date for hearing the said petition, …

43-204A. Indemnification of officers, directors, employees and agents. (a) A district shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, ad…

43-204B. Bylaw limiting director liability authorized. The bylaws of the district may set forth a provision eliminating or limiting the personal liability of a director to the district or its qualified electors for monetary damages for breach of fiduciary duty as a director, prov…

43-205. Increasing or decreasing number of directors — Procedure following election. Upon the canvass of the returns, as provided by section 43-208, of any election for determining the number of the directors for any irrigation district, and if there be any change voted, then the…

43-206. Notice of election — Appointment of judges. (1) The secretary of the district shall give notice of all elections in said district subsequent to the organization thereof, by posting the same in three (3) public places in each such precinct and in the office of said board, …

43-207. Conduct of election. Said judges shall elect a chairman, who may administer any oath required in the progress of an election, and may appoint additional judges if, during the progress of election, any judges cease to act. Said judges of election shall not appoint clerks o…

43-208. Canvass of returns. The board of directors must meet at its usual place of meeting on or before the next regularly scheduled board meeting following each election to canvass the returns, and they shall proceed in the same manner and with like effect, as near as may be, as…

43-209. Vacancies. (1) Each director shall meet the qualification requirements of section 43-201(3), Idaho Code, during his term of office. Each director shall notify the other directors if circumstances change so that he will no longer meet those requirements during his term of …

43-210. Voting and count of ballots. Voting may commence as soon as the polls are open and may continue during all the time the polls remain open, and shall be conducted as nearly as practicable in accordance with the provisions of title 34 of this code relating to elections. As …

43-211. Disposal of ballots. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office…

43-212. Informalities disregarded — Postponement of canvass. No list, tally paper or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. If, at the time of the meeting, the returns of each precinct in whic…

43-213. Statement of result. The secretary of the board of directors must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show: 1. The whole number of votes cast in the district and in each voting precinct th…

43-214. Initiating recall proceedings — Statement — Contents — Verification — Definitions. Whenever any legal voter of the irrigation district, either individually or on behalf of an organization, desires to demand the recall and discharge of a director of an irrigation district,…

43-215. Petition — Where filed. Any person making a charge shall file it with the secretary of the district, whose duty it is to receive and to promptly serve a copy of the charge upon the director whose recall is demanded.

43-216. Ballot synopsis. (1) Within fifteen (15) days after receiving a petition, the secretary of the district shall formulate a ballot synopsis of not more than two hundred (200) words. (2) The synopsis shall set forth the name of the person seeking to be recalled and if any ch…

43-217. Determination by magistrate court — Correction of ballot synopsis. Within fifteen (15) days after receiving the petition, the magistrate court shall have conducted a hearing on and shall have determined, without cost to any party the adequacy of the ballot synopsis. If an…

43-218. Filing supporting signatures — Time limitations. (1) The sponsors of a recall demanded of any director of an irrigation district shall stop circulation and file all petitions with the appropriate irrigation district secretary not less than six (6) months before the next r…

43-219. Petition — Form. Recall petitions shall be printed on single sheets of paper of good writing quality including, but not limited to, newsprint not less than eight and one-half (81/2) inches in width and not less than fourteen (14) inches in length. No petition may be circu…

43-220. Petition — Size. Each recall petition at the time of circulating, signing and filing with the secretary of the irrigation district with whom it is to be filed, shall consist of not more than five (5) sheets with numbered lines for not more than twenty (20) signatures on e…

43-221. Number of signatures required. When the person, demanding the recall of a director has secured sufficient signatures upon the recall petition he may submit the same to the secretary of the irrigation district for filing in his office. The number of signatures required sha…

43-222. Canvassing petition for sufficiency of signatures — Notice. Upon the filing of a recall petition in his office, the secretary of the irrigation district with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the person filing them…

43-223. Verification and canvass of signatures — Procedure. (1) Upon the filing of a recall petition, the secretary of the irrigation district shall proceed to verify and canvass the names of legal voters on the petition. (2) The verification and canvass of signatures on the peti…

43-224. Fixing date for recall election — Notice. If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the secretary of the irrigation district shall promptly certify the p…

43-225. Response to petition charges. When a date for a special election is set, the secretary of the irrigation district shall serve a notice of the date of the election to the director whose recall is demanded and the person demanding recall. Such notice may be made only in per…

43-226. Destruction of insufficient recall petition. If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the secretary of the irrigation district shall so notify the person filing the petition, and specify the num…

43-227. Invalid names — Record of. The secretary of the irrigation district shall keep a record of all names appearing thereon which are not certified to be legal residents of the district, and of all names appearing more than once thereon, and he may report the same to the prose…

43-228. Conduct of election — Form of ballot. The special election to be called for the recall of directors of irrigation districts shall be conducted in the same manner as regular irrigation district elections are conducted. The secretary of the irrigation district shall provide…