42-3127. EXCLUSION OF A DIVISION. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qualified electors residing within the territory of the division and the petition must:
(1) Show that the division either plans to join another existing district or form a new district.
(2) Describe the impacts on the remainder of the district after the division is excluded.
(3) Describe the benefits to the division that will result from its exclusion from the original district.
(4) Be in proper form as required by section 42-3105, Idaho Code, to proceed with the formation of a new district or be in proper form as required by section 42-3120, Idaho Code, to proceed with the addition of the division to an already existing district.
(5) Present an equitable division of assets and liabilities between the division and the remaining district.
Upon receipt, the director shall examine the petition, and if in proper form and if it appears that an equitable distribution of assets and liabilities can be made, the director shall proceed with the publication of notice, as described in section 42-3107, Idaho Code. The director shall, at the hearing, permit any person or corporation interested in the exclusion of the division to appear and present testimony and evidence in support of or against exclusion of the division. The director shall base his findings upon allegations in the petition, testimony and evidence presented at the hearing and any other facts necessary for the determination of the practicability and feasibility of exclusion of the division.
If the director shall recommend that a division should be excluded, he shall make and enter his findings in the form of a petition to the district court for the county in which the largest portion of the division is located. The district court may then order the exclusion of a division.
If the director shall determine that a division should not be excluded, nothing further shall be done, unless a new petition is filed in a similar manner as described above.
At such time as the division is excluded by the district court, the new district or enlargement of an existing district shall be ordered by the director in accordance with section 42-3108, Idaho Code.
The director may redivide the district from which the division was excluded in order to meet the requirements of section 42-3106, Idaho Code.
History:
[42-3127, added 1984, ch. 240, sec. 1, p. 586.]
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.