43-1127. ORDERS — DETERMINATIONS. After the hearing(s) on the transfer proposal, the boards of directors of the districts shall order the transfer of all or any part of the land described in the resolution when as to the lands to be excluded they determine that:
(1) The transfer is in the best interests of the owner of the lands to be transferred and of the district;
(2) The annexing district will apportion and provide comparable benefits to the lands to be transferred;
(3) There will be no interruption in the delivery of water to the lands to be transferred as a result of the transfer; and
(4) The ditch rights of other landowners in the same lateral ditch water users’ association in the excluding district will not be injured.
History:
[43-1127, added 2012, ch. 122, sec. 6, p. 340.]
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.