42-3110. ORGANIZATION OF BOARD — APPROVAL BY COURT. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition praying that all of the proceedings prior thereto may be examined and approved by the court.
The petition shall set forth in detail the proceedings taken prior to the entry of the order organizing the district, and the subsequent appointment and organization of the board. Upon the filing of the petition the court may require such notice to be given of the hearing on said petition as in his discretion he deems necessary and proper. At the hearing the court shall require that evidenciary [evidentiary] proof be presented of all of such proceedings taken pursuant to the rules of evidence.
In the event that the court finds that all proceedings were in conformity with this act, and that all procedures were followed, and that said district was organized in conformity with this act, then the court shall make its findings of fact, conclusions of law and order confirming these proceedings.
The order of the court entered upon the hearing of any petition shall be conclusive as the regularity of the proceedings unless appealed from within thirty (30) days after the entry of such order, provided that upon such appeal no bond shall be required, except for costs of the appeal, and no stay shall be allowed pending the appeal.
History:
[42-3110, added 1971, ch. 300, sec. 10, p. 1219.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 31 - FLOOD CONTROL DISTRICTS
Section 42-3101 - SHORT TITLE.
Section 42-3102 - POLICY OF STATE.
Section 42-3103 - DEFINITIONS.
Section 42-3104 - DISTRICTS — COMPOSITION — DESIGNATED BY NUMBER.
Section 42-3105 - PETITION TO ESTABLISH DISTRICT — CONTENTS.
Section 42-3106 - DIVISION OF DISTRICT — MAPS AND SURVEYS.
Section 42-3107 - PUBLICATION OF NOTICE — CONTENTS.
Section 42-3108 - HEARING ON PETITION — FINDINGS AND ORDER OF DIRECTOR — RECORDING.
Section 42-3109 - BOARD MEMBERS — APPOINTMENT — BOND OF COMMISSIONERS — OATH — REMOVAL.
Section 42-3110 - ORGANIZATION OF BOARD — APPROVAL BY COURT.
Section 42-3111 - COMMISSIONERS — ANNUAL APPOINTMENT — OFFICERS’ ELECTION — DUTIES.
Section 42-3112 - VACANCIES ON BOARD — APPOINTMENT BY DIRECTOR.
Section 42-3113 - MEETINGS OF BOARD — REGULAR — SPECIAL.
Section 42-3114 - COMPENSATION OF COMMISSIONERS.
Section 42-3115 - COMMISSIONERS — POWERS AND DUTIES.
Section 42-3116 - DIRECTOR’S APPROVAL — WHEN REQUIRED.
Section 42-3117 - CONTRACTS SUBMITTED TO VOTERS — NOTICE — ELECTION.
Section 42-3118 - ELECTORS — QUALIFICATIONS.
Section 42-3119 - TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.
Section 42-3120 - ENLARGEMENT OF DISTRICT — PETITION.
Section 42-3121 - CONSOLIDATION OF DISTRICTS.
Section 42-3122 - PETITION FOR CONSOLIDATION — INVESTIGATION — NOTICE OF HEARING.
Section 42-3123 - DIRECTOR’S FINDINGS ON PETITION AND HEARING.
Section 42-3124 - DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED.
Section 42-3125 - DIRECTOR MAY SUBMIT CONSOLIDATION TO ELECTION.
Section 42-3126 - DISSOLUTION OF DISTRICT.
Section 42-3127 - EXCLUSION OF A DIVISION.
Section 42-3128 - EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES.
Section 42-3129 - PETITION FOR ANNEXATION OF LAND.
Section 42-3130 - GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION.
Section 42-3131 - NOTICE OF PETITION.
Section 42-3132 - HEARING OF PETITION.