42-4228. EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS. Any water user excluded from the district on the grounds specified in section 42-4225(1), Idaho Code, shall not be subject to assessment by the district for any purpose. Any water user excluded from the district on the grounds specified in section 42-4225(2), Idaho Code, shall not be subject to assessment for maintenance and operation of the works and facilities of the district or for assessment expenses after the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but shall remain subject to the following liabilities until discharged:
(1) Such excluded water user shall remain liable for payment of assessments previously levied and unpaid at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion;
(2) Such excluded water user, notwithstanding his exclusion, shall remain liable to pay his proportionate share, such share to be computed as specified in section 42-4215, Idaho Code, of any indebtedness of the district already incurred and outstanding at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but such water user shall not be liable upon any indebtedness incurred thereafter.
Any water user, as defined in section 42-4202(1), Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein shall, in addition, remain subject to the provisions of sections 42-4218, 42-4219, 42-4220 and 42-4221, Idaho Code, until such liabilities have been discharged. Any municipal water user, as defined in section 42-4202(2), Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein, shall, in addition, remain subject to the provisions of section 42-4222, Idaho Code, until such liabilities have been discharged.
Upon the discharge of any liability, the district shall issue to the water user its certificate of full payment executed by the chairman of the board and the secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the property of the water user affected by such liability and the discharge thereof is situate.
History:
[42-4228, added 1978, ch. 293, sec. 1, p. 739.]
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.