42-5210. QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS. (1) Any ground water irrigator, and any nonirrigator who is a member for all purposes, within the proposed district shall be entitled to vote at any election held under the provisions of this chapter. The production of documentation of a water right as described in section 42-5201(16), Idaho Code, shall be sufficient evidence of ground water use for purposes of acting as an elector under this chapter. A representative of a ground water user shall be so designated by written proxy signed by the ground water user except that the vote of a state, city or county government may be cast by an elected or appointed official of the agency, or his designee. A corporation or partnership shall vote or otherwise act by a single individual who is authorized by the corporation or partnership to act on its behalf. A corporation or partnership must furnish the election officials a written designation stating the name of the individual who is authorized to vote and otherwise act for the corporation or partnership.
(2) Any ground water user who becomes a member of a district solely for mitigation purposes:
(a) Shall be entitled to vote only in those district elections concerning whether to incur indebtedness as specified in section 42-5234, Idaho Code; and
(b) Shall be ineligible to nominate directors or officers of the district, to serve in such capacities, or otherwise to participate in the governance of the district.
(3) A nonirrigator may participate in the election to determine whether a district will be formed only according to the following provisions:
(a) The nonirrigator shall notify the judges of election in writing at least ten (10) working days prior to the date of the election that such person supports the formation of the district, elects to become either a member for all purposes, or a member only for mitigation purposes as described in section 42-5214, Idaho Code, should it be formed, and, by such notice, casts its vote(s) in favor of formation.
(b) The notification shall contain a legal description of the land through which the nonirrigator places ground waters to beneficial use, a statement of the amount of such person’s ground water right in cubic feet per second of diversions, and a copy of the ground water right documentation described in section 42-5201(16), Idaho Code.
(c) Once the judges of election have accepted the notification described in subsection (3)(b) of this section, they shall duly record the nonirrigator’s vote(s) in favor of district formation in the canvassing of votes carried out pursuant to section 42-5213, Idaho Code.
(d) If the voting results in the formation of the district, the nonirrigator who provided such notification thereafter shall be a full member or member for mitigation purposes of such district, whichever the case may be, and shall have all obligations, rights, and limitations attaching thereto.
(4) Each ground water user shall have one (1) vote for each cubic foot per second, or proportion thereof (rounded to the nearest tenth of a cubic foot per second), for which such ground water user holds a ground water right whose point of diversion is within the proposed district boundaries.
History:
[42-5210, added 1995, ch. 290, sec. 1, p. 988; am. 1996, ch. 298, sec. 4, p. 981; am. 2005, ch. 367, sec. 2, p. 1157.]
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.