43-1115. ORDER — DETERMINATION. The board after the hearing on its proposal to exclude and the objections thereto shall order the exclusion of all or any part of the land described in the resolution when as to the land to be excluded, the board determines that:
(a) The land has not received water from the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution of the board declaring its proposal to exclude the land;
(b) The land will not be directly and presently benefited by the operations of the district;
(c) The ditch rights of other landowners in the same lateral ditch water users’ association in the district will not be injured; and,
(d) The exclusion is for the best interests of the owner of the land proposed to be excluded and of the district.
History:
[(43-1115) 1972, ch. 371, sec. 6, p. 1089; am. and redesignated, 1990, ch. 181, sec. 15, p. 393.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT
Section 43-1104 - HEARING ON PETITION — ORDER OF EXCLUSION.
Section 43-1105 - SURVEY OF LAND TO BE EXCLUDED.
Section 43-1108 - CHANGES TO BE FILED FOR RECORD.
Section 43-1109 - EFFECT OF EXCLUSION.
Section 43-1110 - RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE.
Section 43-1111 - RESOLUTION — CONTENTS.
Section 43-1113 - NOTICE — CONTENTS.
Section 43-1115 - ORDER — DETERMINATION.
Section 43-1116 - BOARD — ENTRY OF ORDER OF EXCLUSION.
Section 43-1117 - ORDER — FILING FOR RECORD.
Section 43-1118 - APPEALS — PROCEDURE.
Section 43-1120 - REINSTATEMENT OF NONAGRICULTURAL LANDS — ORDER — FILING FOR RECORD.
Section 43-1122 - TRANSFER OF LANDS BETWEEN DISTRICTS.
Section 43-1123 - RESOLUTION — CONTENTS.
Section 43-1125 - NOTICE — CONTENTS.
Section 43-1127 - ORDERS — DETERMINATIONS.
Section 43-1128 - ENTRY AND RECORDING OF ORDERS.
Section 43-1129 - EFFECT OF ORDERS.