43-1324. JOINT WORKS — JOINTLY HELD PROPERTY. The irrigation works and any other real or personal property held by the original irrigation district prior to the partition shall belong to the partitioned irrigation districts jointly as provided in this section. All canals and laterals that deliver water to members of both districts shall be held by each district in proportion to the total quantity of water delivered to members of each district through each individual diversion work, canal and lateral. All other real and personal property shall be held jointly by the two (2) districts in proportion to the total quantity of water rights held by the members of each district that are appurtenant to lands within the newly partitioned district. Any outstanding debts of the district prior to partition shall be joint obligations of the two (2) newly partitioned districts after the partition in proportion to the total quantity of water rights held by members of each district within the newly partitioned districts. All assessments collected from landowners shall be provided to the new districts based upon the location of the land after the partition, less the proportionate share of expenses incurred prior to the effective date of the order of partition.
History:
[43-1324, added 2013, ch. 332, sec. 12, p. 869.]
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.