42-5103. FORMATION OF DISTRICT — DECLARATION BY DIRECTOR. After receipt of the petition and map, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the costs of repairs or abandonment of improperly constructed wells or any other matter relevant to the formation of the district as he may deem necessary. The director shall conduct a hearing on the petition and supporting documents. Notice of the time and place of the hearing shall be published by the director in a newspaper or newspapers published in each of the counties or a newspaper of general circulation therein at least three (3) weeks before the date of the hearing.
Within ninety (90) days after the hearing has been concluded, the director after due consideration of all relevant data and testimony shall determine whether the proposed district will provide the benefits described, whether the boundaries proposed are proper with respect to the benefits to be provided, and whether the formation of the district will serve the interest of the water users proposed to be benefited. On the basis of his determination, the director shall enter an order either establishing the ground water management district and defining the boundaries thereof to reflect the area to be benefited or denying the formation of the district. If the director orders formation of the district, he shall cause copies of the order, duly certified, to be filed with the secretary of the state and board of county commissioners, county recorder, county assessor and county treasurer of each county in which any part of the district is situated.
History:
[42-5103, added 1987, ch. 349, sec. 1, p. 766.]
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.