42-5273. CONSOLIDATION OF TWO OR MORE GROUND WATER DISTRICTS. Whenever the boards of directors of any two (2) or more ground water districts which together form a contiguous area determine that it is in the best interests of their respective districts that the districts be consolidated into a single ground water district and wish to proceed toward consolidation, the following procedures shall be followed:
(1) Each board shall petition its respective county commission in the counties identified by reference to section 42-5203, Idaho Code, for an order for an election to vote upon the question of such consolidation, which petition shall state in detail the terms upon which such consolidation is proposed to be made, and also shall transmit a copy of the petition to the department of water resources.
(2) Upon receiving the petitions, the department shall investigate questions affecting such proposed consolidation, and it shall make a report of the result of such investigations to each county commission with whom the petitions were filed not more than ninety (90) days after the department receives such petitions.
(3) After receiving the department’s report, each county commission, if it deems it advisable, shall make an order fixing the time for an election in the districts to vote upon the question of proposed consolidation, which time shall be at the first available date in accordance with section 34-106, Idaho Code. Notice of the election shall be published as required for notice of election in section 42-5209, Idaho Code, and the boards of directors shall make all necessary arrangements for such election in their respective districts as provided in this title for other elections. The ballots shall be substantially as follows: "Consolidation–Yes." "Consolidation–No."
(4) The boards of directors shall canvass the returns of the election as provided in case of usual ground water district elections, and shall immediately thereafter transmit, by messenger or registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the county commission. Within ten (10) days after such returns are received by the clerk, the county commission shall meet and canvass the same.
(5) If it appears that a majority of all the votes cast in each of said districts is "Consolidation–Yes." said board shall make an order, and enter the same of record in its minutes, establishing said consolidated district, giving its boundaries and designation, and in detail the terms under which the consolidation has been effected, and dividing said consolidated districts into three (3) divisions, and shall appoint some person qualified under this title, to act as director for each of said divisions of said district until the next general election for the election of officers, when a board of directors shall be elected as provided in section 42-5218, Idaho Code; provided however, that the organization of such district shall not take effect until the first Tuesday of the January following said order of its establishment. If the date provided by law for the election of directors shall come between the date of said order of the county commission and the first Tuesday of January, then in making such order the board shall designate the board of directors of one (1) of the consolidated districts as a board to take charge of such election, and in that case a director shall be elected for each such division of the consolidated district, and no appointment of directors shall be made by the county commission.
(6) If, however, upon such canvass by the county commission, it appears that a majority of the votes cast in any district thus proposed to be consolidated is "Consolidation–No," then a record of that fact shall be entered in the same minutes of the county commission, and all the proceedings had under the preceding sections of this chapter shall be void.
History:
[42-5273, added 1995, ch. 290, sec. 1, p. 1011.]
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.