43-1321. ORDER OF THE BOARD. If it appears to the board of county commissioners that the holders of evidence of title to a majority of the acreage with water rights delivered by the irrigation district within the boundaries of an existing irrigation district have properly signed a petition and approved the partition of the irrigation district, that the holders of evidence of title to such land signing the petition are also holders of title to the water rights appurtenant to the land and it appears that the majority of the acreage with water rights delivered by the irrigation district described in the petition is of an agricultural character, the board shall issue an order partitioning the irrigation district as set forth in the petition. The board shall not modify the boundaries set forth in the original petition. Provided however, the board may permit any holder of evidence of title to land lying within the boundaries of the original district of forty (40) acres or more in size used primarily for agricultural purposes to include such land in the new irrigation district, if such landowner has filed a separate petition with the board establishing that such land meets all the criteria required to have been joined in the original petition, including ownership of water rights appurtenant to the land. Supplemental petitions may be accepted at any time prior to the date of hearing.
History:
[43-1321, added 2013, ch. 332, sec. 9, p. 868.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 13 - DISSOLUTION AND MODIFICATION OF DISTRICTS
Section 43-1302 - ELECTION — CALL FOR.
Section 43-1303 - ELECTION — NOTICE.
Section 43-1304 - ELECTION — CONDUCT.
Section 43-1305 - CANVASS OF RETURNS.
Section 43-1306 - PETITION FOR CONFIRMATION BY DISTRICT COURT.
Section 43-1307 - CHARACTER OF PROCEEDINGS FOR CONFIRMATION.
Section 43-1308 - DECREE OF CONFIRMATION.
Section 43-1309 - DISSOLUTION WITHOUT ELECTION — PETITION — CONDITIONS.
Section 43-1310 - DISSOLUTION WITHOUT ELECTION — PARTIES.
Section 43-1311 - DISSOLUTION WITHOUT ELECTION — APPOINTMENT OF OFFICER TO MARSHAL ASSETS — DECREE.
Section 43-1312 - DISSOLUTION WITHOUT ELECTION — APPLICATION OF OTHER CODE PROVISIONS.
Section 43-1313 - DISSOLUTION WITHOUT ELECTION — APPEAL.
Section 43-1315 - SUBMISSION OF PETITION TO COUNTY.
Section 43-1316 - MAPS AND WATER SUPPLY DATA.
Section 43-1318 - NOTICE OF PRESENTATION TO COMMISSIONERS.
Section 43-1319 - NOTICE OF HEARING.
Section 43-1320 - EXAMINATION BY DEPARTMENT OF WATER RESOURCES.
Section 43-1321 - ORDER OF THE BOARD.
Section 43-1322 - DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.
Section 43-1323 - EFFECTIVE DATE OF PARTITION — CHALLENGES TO PARTITION.