42-5257. EXCLUSION — EFFECT — OBLIGATIONS OUTSTANDING — ENFORCEMENT — PAYMENT — CERTIFICATE. (1) Except as otherwise provided in this chapter, land and/or facilities excluded from any ground water district shall not thereafter be entitled to any of the rights and benefits of the district and shall be deemed to have fully relinquished all such rights and benefits.
(2) Land and/or facilities fully excluded from a district and those excluded only from nonmitigation purposes shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the exclusion order as fully as though the land had not been excluded. Such obligations shall include, but are not limited to, their proportionate share of any of the district’s existing indebtedness that was incurred for a project or activity that: (a) provided a benefit to such lands prior to the exclusion and for which benefit the excluded lands remain indebted; or (b) continues to benefit such lands even after the exclusion. Where either of these circumstances exists, excluded lands shall remain a part of the district for the purpose of discharging such existing contract indebtedness, and otherwise shall be obligated to pay all regular and special assessments to retire such debt as if they had not been excluded. The district’s board of directors may allow any debt or obligation against any excluded land and/or facility to be paid in installments or in any other manner the board deems equitable.
(3) All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable.
(4) When any member obtaining the exclusion of land from a ground water district has paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the land and/or facility excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.
History:
[42-5257, added 1995, ch. 290, sec. 1, p. 1006.]
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.