42-2201. MAINTENANCE CHARGES — RIGHT TO COLLECT — BASIS OF ASSESSMENT — LIEN. Any corporation heretofore organized or any corporation that shall hereafter be organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders, and not for profit or hire, the […]
42-2201A. AUTHORIZATION FOR OTHER ASSESSMENT. The board of directors of a corporation which utilizes section 42-2201, Idaho Code, as the basis of their water stock assessments, after direction by a resolution of a majority of the stockholders at the annual meeting, may: (1) Make no assessment, or a lesser assessment against: (a) Shares of corporate […]
42-2203. FILING OF CLAIM OF LIEN. On or after the first day of November and prior to the first day of January thereafter, the company, corporation or association, claiming the benefit of the lien herein provided, as against any parcel of land upon which the tolls, assessments and charges shall not have been paid, shall […]
42-2205. LIMITATION OF LIEN. No lien provided for in this chapter binds any land for a longer period than three (3) years after the filing of the statement mentioned in section 42-2203, Idaho Code, unless proceedings be commenced in a proper court within that time to enforce such lien. History: [(42-2205) 1913, ch. 120, sec. […]
42-2206. FORECLOSURE PROCEEDINGS RELATE ONLY TO WATER OR WATER RIGHTS. In the event that the owner or holder or occupant of the premises upon which water has been purchased or contracted for, has not, at the time of the filing of the claim of lien provided for in section 42-2203, received title to the premises […]
42-2207. FORECLOSURE OF LIEN. Proceedings in the way of civil action in the district courts may be commenced and maintained to enforce the lien herein provided, which proceedings may embrace one or more parcels of land, or one or more landowners, or reputed landowners; and except as otherwise provided herein, the provisions of the Idaho […]
42-2208. INTEREST ON DELINQUENT ASSESSMENTS. All charges levied under the provisions of this chapter shall draw interest at twelve per cent (12%) per annum from the time when due and payable, to the entry of judgment of foreclosure, and the right of lien shall extend to such interest and the costs of foreclosure. History: [(42-2208) […]
42-2209. RELEASE OF LIEN. It shall be the duty of the company, corporation or association of persons filing a lien statement as provided in section 42-2203, to cause a release of the same upon the records of the county where filed, in the same manner and with like penalties for failure as is or may […]
42-2210. INTERPRETATION. This chapter shall not be held to affect the rights of any person, corporation, company or association of persons to charge or collect tolls, charges or assessments to which it may be otherwise entitled; nor the right of a corporation to make assessments upon its stock according to law; nor the obligation of […]
42-2211. SECURING SUPPLEMENTAL WATER — ANNUAL LEVIES — DELIVERY OF WATER UPON PAYMENT. Any corporation of the character described in this chapter, in order to secure additional water for the irrigation of the lands of its stockholders to supplement their natural flow rights, by the construction of dams or other works and the storing or […]
42-2212. CONDEMNATION FUNDS FOR FUTURE EXPENSES — PERMANENT TRUST FUND — INVESTMENT. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall receive through condemnation proceedings, or by contract made under […]
42-2213. ACCUMULATED SURPLUS FUNDS — INVESTMENT. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall have accumulated, out of assessment funds or otherwise, reasonable reserves for emergency, contingent or non-recurring […]
