43-107. EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSIONERS — AMENDMENT OF PLAN. A copy of such petition and all maps and other papers filed with the same shall be filed in the office of the department of water resources at least four (4) weeks before the date set for such hearing. It shall be the duty of the department to examine such petition, maps and other papers, and, if it deem it necessary, to further examine the proposed district, the works proposed to be purchased, or the location of the works to be constructed, and it shall prepare a report upon the matter in such form as it deems advisable, and submit the same to the board of county commissioners at the meeting set for the hearing of said petition. Whenever the department of water resources shall report to the board of county commissioners against the organization of such district, said board of county commissioners shall refuse to further consider such petition unless it be requested in writing so to do by three-fourths (3/4) of the landowners in said proposed district, such ownership to be determined as provided in section 43-101[, Idaho Code]. At the time set for hearing the board may, on receiving an adverse report from the department, adjourn the proceedings for two (2) weeks for the purpose of enabling the petitioners to file a request for such further proceedings. In any case, the petitioners may amend such plan of irrigation at such hearing to meet the approval of the department, or as they may find advisable. It shall be the duty of the county commissioners to notify the department of water resources of the final action, either favorable or unfavorable, taken upon a petition for the formation of an irrigation district.
History:
[(43-107) 1903, p. 150, sec. 2a, as added by 1907, p. 484, sec. 1; reen. R.C., sec. 2374, am. 1915, ch. 89, sec. 1, part of subd. 2374, p. 207; compiled and reen. C.L., 2374d; C.S., sec. 4319; am. 1921, ch. 172, sec. 1, p. 367; I.C.A., sec. 42-107.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 1 - ORGANIZATION OF DISTRICT
Section 43-101 - WHO MAY PROPOSE ORGANIZATION.
Section 43-102 - PETITION FOR ORGANIZATION.
Section 43-103 - MAPS AND WATER SUPPLY DATA.
Section 43-105 - NOTICE OF PRESENTATION TO COMMISSIONERS.
Section 43-106 - NOTICE OF HEARING.
Section 43-108 - ORDER OF BOARD.
Section 43-109 - DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.
Section 43-110 - NOTICE OF ELECTION.
Section 43-111 - QUALIFICATIONS OF VOTERS — VOTES BASED ON ASSESSED ACRES.
Section 43-112 - CONDUCT OF ELECTIONS.
Section 43-113 - REGISTRATION NOT REQUIRED.
Section 43-114 - CANVASS OF VOTES — COMPLETION OF ORGANIZATION.
Section 43-115 - LIMITATION ON PROCEEDINGS AFFECTING VALIDITY.
Section 43-116 - ORGANIZATION MEETING OF BOARD.