42-1311. AMOUNT AND LIEN OF ASSESSMENTS. The amount assessed against each water user, together with any penalties and interest, shall be a lien upon the water user’s land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association’s lateral or ditch. The lien shall be recorded and collected in accordance with section 55-3207, Idaho Code, governing homeowner’s association liens, except that the lien may be continued in force for a period of time not to exceed three (3) years and may be extended not to exceed three (3) additional years. The lien provided for in this section shall have priority according to its date of recordation, except as to other liens described in titles 42 and 43, Idaho Code.
History:
[42-1311, added 2015, ch. 80, sec. 3, p. 203; am. 2022, ch. 323, sec. 5, p. 1045.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS
Section 42-1301 - ORGANIZATION — OFFICERS — RULES.
Section 42-1302 - LATERAL MANAGER — ELECTION — DUTIES.
Section 42-1303 - LATERAL DITCHES — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS.
Section 42-1304 - ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY.
Section 42-1305 - DELINQUENT USERS NOT ENTITLED TO WATER.
Section 42-1306 - COLLECTION AND DISBURSEMENT OF FUNDS.
Section 42-1307 - ACTION FOR ASSESSMENT — ATTORNEYS’ FEES.
Section 42-1308 - APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF WATER RESOURCES.
Section 42-1309 - ASSOCIATION AUTHORIZED TO BORROW MONEY, MORTGAGE OR PLEDGE ASSETS.
Section 42-1311 - AMOUNT AND LIEN OF ASSESSMENTS.
Section 42-1312 - WITHDRAWAL FROM LATERAL WATER USERS’ ASSOCIATION.