42-4226. HEARING — NOTICE — ENTRY OF ORDER. (1) The petition shall be heard by the board of directors within sixty (60) days of filing of the petition and if no hearing is held within that time the petitioner or petitioners shall be deemed excluded from the district. If, prior to the date set for the hearing, the board issues an order excluding the petitioner or petitioners, no hearing need be held. The board shall give each petitioner notice of the time and place of the hearing in writing not less than fifteen (15) days prior to the hearing. It shall be sufficient to mail such notice by certified or registered mail to each petitioner’s mailing address as indicated on the petition.
(2) At the hearing, if any, the petitioner or petitioners must establish by competent evidence the allegations of the petition. The chairman of the board is hereby empowered to administer oaths for the purpose of the hearing. If the allegations of the petition are established the board shall enter an order excluding the petitioner or petitioners, or any of them, from the district, which order shall reflect the nature of any outstanding and/or continuing liabilities to which the petitioner so excluded shall remain subject under the provisions of section 42-4228, Idaho Code.
History:
[42-4226, added 1978, ch. 293, sec. 1, p. 738.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 42 - GROUND WATER RECHARGE
Section 42-4202 - AQUIFER RECHARGE DISTRICT — FORMATION.
Section 42-4203 - FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.
Section 42-4205 - MUNICIPALITIES — MANNER OF VOTING FOR DIRECTORS.
Section 42-4206 - WATER USERS OTHER THAN MUNICIPALITIES — QUALIFICATIONS FOR VOTING.
Section 42-4207 - REGISTRATION REQUIRED.
Section 42-4208 - NOTICE OF ELECTION.
Section 42-4209 - CONDUCT OF ELECTIONS.
Section 42-4210 - CANVASS OF RETURNS — DECLARATION OF WINNERS.
Section 42-4211 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Section 42-4212 - POWERS AND DUTIES OF THE BOARD OF DIRECTORS.
Section 42-4213 - LEGAL TITLE TO PROPERTY.
Section 42-4214 - CONVEYANCE OF PROPERTY — ACTIONS.
Section 42-4215 - LEVY OF ASSESSMENTS.
Section 42-4216 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.
Section 42-4217 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Section 42-4218 - LIEN OF ASSESSMENT.
Section 42-4219 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Section 42-4220 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Section 42-4221 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Section 42-4222 - MUNICIPALITIES — SPECIAL TAX TO PROCURE FUNDS FOR PAYMENT OF ASSESSMENTS.
Section 42-4223 - CONTRACTS TO RECEIVE BENEFITS.
Section 42-4224 - WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.
Section 42-4225 - EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.
Section 42-4226 - HEARING — NOTICE — ENTRY OF ORDER.
Section 42-4228 - EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.