42-5102. GROUND WATER MANAGEMENT DISTRICT FORMATION. For purposes of formation of a ground water management district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by the district. The petition shall be accompanied by a map of the proposed district which shall indicate the proposed boundaries of the district, which shall include territory only within the boundaries of a critical ground water area or ground water management area designated by the director of the department of water resources.
The petition shall be signed by no less than fifty percent (50%), measured by the quantities of their various water rights, of the water users located within the proposed boundaries of the district. For purposes of this chapter, "water users" shall include the following:
(1) Individuals, or entities, who are the current holders of a right, acquired in accordance with the provisions of chapter 2, title 42, Idaho Code, or chapter 14, title 42, Idaho Code, to appropriate water and to divert water from the aquifer by means of a well or wells, or who divert water from springs or other water courses emerging from such aquifer, or both.
(2) Cities which obtain water from the aquifer. A city may elect to be included within the proposed district by a majority vote of the members of its city council. The mayor of any city so electing may sign the petition on behalf of the city, and such city shall constitute one (1) water user for purposes of securing the minimum number of signatures required for the petition.
(3) Federal, state, or county government agencies which obtain water from the aquifer.
History:
[42-5102, added 1987, ch. 349, sec. 1, p. 765.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 51 - GROUND WATER MANAGEMENT DISTRICTS
Section 42-5101 - LEGISLATIVE INTENT.
Section 42-5102 - GROUND WATER MANAGEMENT DISTRICT FORMATION.
Section 42-5103 - FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.
Section 42-5105 - CITIES — MANNER OF VOTING FOR DIRECTORS.
Section 42-5106 - WATER USERS OTHER THAN CITIES — QUALIFICATIONS FOR VOTING.
Section 42-5107 - REGISTRATION REQUIRED.
Section 42-5108 - NOTICE OF ELECTION.
Section 42-5109 - CONDUCT OF ELECTIONS.
Section 42-5110 - CANVASS OF RETURNS — DECLARATION OF WINNERS.
Section 42-5111 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Section 42-5112 - POWERS AND DUTIES OF BOARD OF DIRECTORS.
Section 42-5113 - LEVY OF ASSESSMENTS.
Section 42-5114 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.
Section 42-5115 - ELECTION FOR INDEBTEDNESS — REFERENDUM PETITION.
Section 42-5116 - JUDICIAL EXAMINATION.
Section 42-5117 - JUDICIAL PROCEEDINGS TO TEST VALIDITY.
Section 42-5118 - TAX EXEMPTION.
Section 42-5119 - LIBERAL CONSTRUCTION.
Section 42-5120 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Section 42-5121 - LIEN OF ASSESSMENT.
Section 42-5122 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Section 42-5123 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Section 42-5124 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Section 42-5125 - WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.
Section 42-5126 - EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.
Section 42-5127 - HEARING — NOTICE — ENTRY OF ORDER.
Section 42-5129 - EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.