42-3202B. WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF RECREATIONAL WATER AND/OR SEWER DISTRICTS — CREATION. Each petition filed with the clerk of the district court pursuant to the provisions of this chapter shall be verified and the petitioner shall certify or prove to the satisfaction of the court that the district sought to be created is a recreational water and/or sewer district under the terms of section 42-3202A, Idaho Code. The court decree pursuant to the provision of section 42-3207, Idaho Code, determining the nature of such district pursuant to the petitioner’s prayer shall be conclusive for this and all other purposes. If the water and/or sewer district sought to be created is a recreational water and/or sewer district as defined in section 42-3202A, Idaho Code, such recreational water or sewer district shall be created in the manner provided in chapter 32, title 42, Idaho Code, except that the term, "qualified elector" shall mean any natural person who is qualified to vote in an Idaho general election, and who is an actual resident of the district, or who is an actual resident of Idaho, owning land within the boundaries of the district or area to be included within the district, or is a lease holder of a state recreational lease, or is a permit holder of a federal recreational use permit and pays personal property tax on improvements on the lease or permit area, irrespective of his or her place of residence in Idaho. The holder or holders of a bona fide contract to purchase any land within the proposed district whose names appear upon the next preceding county assessment roll for the payment of taxes on the land shall be deemed an owner of land for the purposes of this section.
History:
[42-3202B, added 1979, ch. 272, sec. 2, p. 708; am. 1980, ch. 191, sec. 2, p. 422; am. 1982, ch. 364, sec. 2, p. 915; am. 1995, ch. 118, sec. 64, p. 479.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 32 - WATER AND SEWER DISTRICTS
Section 42-3201 - DECLARATION OF PURPOSE.
Section 42-3202 - DEFINITION OF TERMS.
Section 42-3202A - RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION.
Section 42-3202C - CHANGING STATUS OF DISTRICT.
Section 42-3203 - JURISDICTION TO ESTABLISH DISTRICTS.
Section 42-3204 - PETITION — CONTENTS — AMENDMENTS.
Section 42-3205 - BOND OF PETITIONERS.
Section 42-3206 - NOTICE OF HEARING ON PETITION — JURISDICTION.
Section 42-3207 - HEARINGS ON PETITIONS — ELECTION FOR ORGANIZATION AND DIRECTORS.
Section 42-3208 - QUALIFICATION OF MEMBERS OF BOARD.
Section 42-3210 - MEETINGS — VACANCIES.
Section 42-3211 - ELECTIONS — TERMS OF OFFICE.
Section 42-3211a - EXPIRATION OF TERM.
Section 42-3211b - DECISION TO ESTABLISH BOARD DIRECTOR ZONES.
Section 42-3212 - GENERAL POWERS OF BOARD.
Section 42-3214 - LEVY AND COLLECTION OF TAXES.
Section 42-3215 - LEVIES TO COVER DEFAULTS AND DEFICIENCIES.
Section 42-3216 - OFFICERS TO LEVY AND COLLECT TAXES.
Section 42-3217 - SINKING FUND.
Section 42-3218A - SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.
Section 42-3218B - ESTABLISHMENT.
Section 42-3218C - NATURE AND POWERS.
Section 42-3218D - INDEBTEDNESS — BOND ISSUES.
Section 42-3219 - EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Section 42-3220 - LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.
Section 42-3221 - ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.
Section 42-3222 - INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE.
Section 42-3223 - NOTICE OF ELECTION.
Section 42-3224 - CONDUCT OF ELECTION — CANVASS OF RETURNS.
Section 42-3225 - EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.
Section 42-3226 - CORRECTION OF FAULTY NOTICES.
Section 42-3227 - SEPARABILITY.
Section 42-3228 - BUDGET AND HEARING.
Section 42-3229 - NOTICE OF HEARING.
Section 42-3230 - PUBLIC INSPECTION OF BUDGET — TIME AND PLACE.
Section 42-3231 - QUORUM OF BOARD AT HEARING.
Section 42-3232 - VALIDATION OF ACTS TAKEN PURSUANT TO THIS CHAPTER.
Section 42-3233 - MERGER AUTHORIZED.
Section 42-3234 - MAJORITY VOTE REQUIRED.
Section 42-3235 - VOTING PROCEDURE.
Section 42-3237 - COURT ORDER DECLARING MERGER.
Section 42-3238 - PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION.
Section 42-3239 - DISSOLUTION OF A DISTRICT UPON TRANSFER OF ASSETS TO MUNICIPALITY.
Section 42-3240 - ANNEXATION OR WITHDRAWAL OF AREA IN A CITY.