42-2001. ACCEPTANCE OF THE CAREY ACT. The state of Idaho accepts the conditions of section 4 of an act of congress, entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes," approved August 18, 1894, and the acts amendatory thereof, together […]
42-2002. DUTIES OF DEPARTMENT. The department of water resources shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this chapter; keep for public inspection maps or plats, on a scale of two (2) inches to the mile, of all lands selected; receive entries of […]
42-2003. PROPOSALS TO CONSTRUCT IRRIGATION WORKS. Any person, company of persons, association or incorporated company, constructing, having constructed or desiring to construct, ditches, canals or other irrigation works to reclaim land under the provisions of this chapter, shall file with the department of water resources a request for the selection, on behalf of the state, […]
42-2004. CERTIFIED CHECK TO ACCOMPANY PROPOSAL. A certified check for a sum not less than $250 nor more than $2500, as may be determined by the rules of the department, shall accompany each request and proposal, the same to be held as a guaranty of the execution of the contract with the state, in accordance […]
42-2005. APPLICATION FOR APPROPRIATION PERMIT TO BE FILED. The person, company of persons, association or incorporated company making application to the department of water resources for the selection of lands by the state, shall have filed with the department an application for a permit to appropriate water for the reclamation of the lands described in […]
42-2006. SUBMISSION OF PROPOSAL TO DEPARTMENT. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department of the interior. If it does not, it is […]
42-2007. ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION. It shall be the duty of the department to satisfy itself as to the financial ability of the applicant to do the things which will be required to be done in the event the application is approved. In case of approval, the department shall file in […]
42-2008. ADVERSE REPORT BY DEPARTMENT. In case the department of water resources shall report adversely upon the proposed irrigation works, or where requests and proposals are not approved by the department, the said department shall notify the parties making such proposal of such action and the reasons therefor. The parties so notified shall have sixty […]
42-2009. CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost […]
42-2010. CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS. No contract shall be made by the department which requires a greater time than five (5) years for the construction of the works, but such time may be extended by the department for a period not exceeding three (3) years. All contracts shall state that the work […]
42-2011. FORFEITURE OF CONTRACT FOR CONTRACTOR’S DEFAULT — SALE OF PROJECT. Upon the failure of any parties having contracts with the state for the reclamation of lands segregated under the Carey Act to commence the construction of such ditches, canals or other irrigation works within the time specified by the contract or to perform all […]
42-2012. STATE NOT TO BE RESPONSIBLE FOR WORK. Nothing in this chapter shall be construed as authorizing the director to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the […]
42-2013. ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS — PUBLICATION OF NOTICE OF OPENING — PREFERENCE TO EX-SERVICE PERSONS. Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractor, it shall be the duty of the director of the department of water […]
42-2013A. PREFERENCE. Any other provision of this chapter notwithstanding, any person or group of persons proposing a project as provided in section 42-2003, Idaho Code, who intend to apply for settlement and entry of the lands for which the project is proposed, shall be given the right of first selection and entry before any lands […]
42-2014. APPLICATION TO ENTER — PREFERENCE TO EX-SERVICE PERSON — "EX-SERVICE PERSON" DEFINED. Any citizen of the United States or any person having declared his intention to become a citizen of the United States may make application under oath, to the department of water resources, to enter any of said land in an amount not […]
42-2015. STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND. It shall be unlawful for any state official or state employee or appointee of this state having anything to do, directly or indirectly, with the disposal of Carey Act or other public lands of this state, during his or her term of office, to enter, […]
42-2016. DUTY OF DEPARTMENT. It shall be unlawful for the department of water resources, or for any public officer or agent of the state having immediate charge of the filing and entering and distribution of Carey Act lands, during his term of office, to issue to any of the persons indicated in the preceding section […]
42-2017. PENALTY FOR VIOLATING PRECEDING SECTIONS. Any of said officers, employees, appointees or agents aforesaid who shall violate any of the provisions of the two (2) preceding sections shall be punished by a fine not to exceed $1000, or by imprisonment in the penitentiary of the state of Idaho for a term not to exceed […]
42-2018. CAREY ACT TRUST FUND — CONTINUING APPROPRIATION. As provided in the act of congress all moneys received by the department of water resources from the sale of lands selected under the provisions of this chapter shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the […]
42-2019. PROOF OF RECLAMATION AND SETTLEMENT — PATENT. Within one (1) year after any person, company, or persons, association or incorporated company authorized to construct irrigation works under the provisions of this chapter shall have notified the settlers under such works that they are prepared to furnish water for the full irrigation season under the […]
