42-5203. PETITION FOR ORGANIZATION — MAP — BOND. (1) A petition shall be first presented to the county commission of the county in which the greatest proportion of cubic feet per second of ground water rights of the proposed district is situated, which petition shall:
(a) Be signed by the required number of ground water users in such proposed district;
(b) State that the petitioners desire to have their lands included within and subject to the assessments of the district for purposes consistent with this chapter;
(c) Set forth and describe by township, range and section, with the degree of certainty required by law in a tax roll, the boundary of the area where, if a ground water user is located within that boundary, that ground water user would be included in a ground water district, and shall request that the area described be organized into a ground water district;
(d) Propose a name for the district;
(e) Be accompanied by a list, identifying the ground water users within such proposed district by name, address, ground water right number, point of diversion, and cubic feet per second per ground water right, certified by the director of the department of water resources as accurately reflecting the records of the department;
(f) Be accompanied by a map which shall indicate the proposed boundaries of the district, and which may propose division boundaries as specified in section 42-5208, Idaho Code;
(g) Propose between three (3) and seven (7) divisions and division boundaries;
(h) Include nominations for a director for each division, each of which shall be signed by not less than six (6) ground water users in the proposed district;
(i) Be accompanied by bond, to be approved by the county commission, in double the amount of the probable cost to the county and the department of organizing such district, conditioned that the bondsmen will pay all said costs, in case organization of the district is unsuccessful.
(2) The petition, together with all maps and papers filed therewith, shall, during the county’s office hours, be open to public inspection at the office of the county clerk between the date of filing and the date of the final hearing thereon. The boundaries specified in the petition shall be proposed in such manner that the greatest distance between two (2) wells in the district shall be no more than thirty (30) miles unless good cause is shown to the county commission for including a larger area.
(3) Lands of ground water users do not have to be contiguous within a ground water district, and such district may be organized even though its boundaries may overlap with other districts formed pursuant to title 43, Idaho Code, or other titles of the Idaho Code.
(4) If the district is organized, the costs of organization shall be assessed against the members of the district.
History:
[42-5203, added 1995, ch. 290, sec. 1, p. 985.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 52 - GROUND WATER DISTRICTS
Section 42-5201 - SHORT TITLE — TITLE OF DISTRICTS — DEFINITIONS.
Section 42-5202 - ESTABLISHMENT OF GROUND WATER DISTRICTS.
Section 42-5203 - PETITION FOR ORGANIZATION — MAP — BOND.
Section 42-5204 - NOTICE OF PRESENTATION TO COUNTY COMMISSION.
Section 42-5205 - NOTICE OF COUNTY COMMISSION HEARING.
Section 42-5207 - ORGANIZATION HEARING BEFORE COUNTY COMMISSION — ORDER OF COUNTY COMMISSION.
Section 42-5208 - DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.
Section 42-5209 - NOTICE OF ELECTION.
Section 42-5210 - QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS.
Section 42-5211 - CONDUCT OF ELECTIONS.
Section 42-5212 - REGISTRATION NOT REQUIRED.
Section 42-5213 - CANVASS OF VOTES — COMPLETION OF ORGANIZATION.
Section 42-5215 - LIMITATION ON PROCEEDINGS AFFECTING VALIDITY.
Section 42-5216 - ORGANIZATIONAL MEETING OF BOARD.
Section 42-5217 - TREASURER’S OFFICIAL BONDS.
Section 42-5218 - ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS.
Section 42-5218A - WHEN ELECTION NOT REQUIRED.
Section 42-5218B - NOTICE OF ELECTION.
Section 42-5218C - CONDUCT OF ELECTIONS.
Section 42-5218D - CANVASS OF RETURNS — DECLARATION OF WINNERS.
Section 42-5219 - DIRECTORS AT LARGE.
Section 42-5223 - BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Section 42-5224 - POWERS AND DUTIES OF BOARD OF DIRECTORS.
Section 42-5225 - AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE OR STORAGE PROJECT.
Section 42-5226 - INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES.
Section 42-5227 - OFFICERS MUST NOT BE INTERESTED IN CONTRACTS.
Section 42-5228 - INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Section 42-5229 - REPORT TO DEPARTMENT OF WATER RESOURCES.
Section 42-5230 - STATEMENT OF FINANCIAL CONDITION.
Section 42-5231 - COUNTY COMMISSION TO HAVE ACCESS TO BOOKS.
Section 42-5232 - LEVY OF ASSESSMENTS.
Section 42-5233 - POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT — WARRANTS.
Section 42-5234 - ELECTION FOR INDEBTEDNESS — REFERENDUM PETITION.
Section 42-5235 - JUDICIAL EXAMINATION.
Section 42-5236 - JUDICIAL PROCEEDINGS TO TEST VALIDITY.
Section 42-5237 - TAX EXEMPTION.
Section 42-5238 - LIBERAL CONSTRUCTION.
Section 42-5239 - LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Section 42-5240 - LIEN OF ASSESSMENT.
Section 42-5241 - PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Section 42-5242 - ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Section 42-5243 - REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Section 42-5244A - APPORTIONMENT OF MITIGATION PLAN OBLIGATIONS.
Section 42-5244B - DELINQUENT ASSESSMENTS — NONCOMPLIANCE WITH MITIGATION PLAN.
Section 42-5245 - PETITION FOR ANNEXATION OF LAND.
Section 42-5246 - NOTICE OF PETITION.
Section 42-5247 - HEARING ON PETITION.
Section 42-5248 - ASSESSMENTS AGAINST ANNEXED LANDS.
Section 42-5249 - ORDER ACCEPTING OR REJECTING PETITION.
Section 42-5250 - ORDER TO BE RECORDED.
Section 42-5253 - ORDER OF EXCLUSION.
Section 42-5254 - SURVEY OF LAND TO BE EXCLUDED.
Section 42-5255 - COSTS OF EXCLUDING LAND.
Section 42-5256 - CHANGES TO BE FILED FOR RECORD.
Section 42-5258 - REINSTATEMENT OF LANDS.
Section 42-5259 - PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION PURPOSES.
Section 42-5260 - PETITION TO ANNEX STATE LAND.
Section 42-5261 - PETITION FOR DISSOLUTION OF DISTRICT.
Section 42-5262 - CALL FOR ELECTION ON DISSOLUTION PETITION.
Section 42-5263 - NOTICE OF DISSOLUTION ELECTION.
Section 42-5264 - CONDUCT OF DISSOLUTION ELECTION.
Section 42-5265 - CANVASS OF RETURNS ON ELECTION FOR DISSOLUTION.
Section 42-5266 - PETITION FOR CONFIRMATION OF DISSOLUTION BY DISTRICT COURT.
Section 42-5267 - CHARACTER OF PROCEEDINGS FOR CONFIRMATION.
Section 42-5268 - DECREE OF CONFIRMATION.
Section 42-5269 - DISSOLUTION WITHOUT ELECTION — PETITION — CONDITIONS.
Section 42-5270 - DISSOLUTION WITHOUT ELECTION — PARTIES.
Section 42-5271 - DISSOLUTION WITHOUT ELECTION — APPOINTMENT OF OFFICER TO MARSHAL ASSETS — DECREE.
Section 42-5272 - DISSOLUTION — APPEAL.
Section 42-5273 - CONSOLIDATION OF TWO OR MORE GROUND WATER DISTRICTS.
Section 42-5276 - INCLUSION OF IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43.