42-5101. LEGISLATIVE INTENT. The legislature hereby declares that the welfare of the people of Idaho is dependent upon the effective management of the ground water resources of this state. The legislature further declares that a need exists for the creation of special districts to provide for financing of repair or abandonment of wells in aquifers […]
42-5102. GROUND WATER MANAGEMENT DISTRICT FORMATION. For purposes of formation of a ground water management district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by the district. The petition shall be accompanied by a […]
42-5103. FORMATION OF DISTRICT — DECLARATION BY DIRECTOR. After receipt of the petition and map, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the costs of repairs or abandonment of improperly constructed wells or any other matter […]
42-5104. BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the ground water management district shall consist of three (3) members. Each member shall be a water user, or representative of a water user within the district. (2) The first board of directors […]
42-5105. CITIES — MANNER OF VOTING FOR DIRECTORS. Each city which has elected to be and is included within the district shall be entitled to one (1) vote and the vote of the majority of the members of the city council of each such city shall constitute the vote of the city. The voting shall […]
42-5106. WATER USERS OTHER THAN CITIES — QUALIFICATIONS FOR VOTING. Any water user, as defined in subsection (1) of section 42-5102, Idaho Code, or a representative thereof, within the district who possesses the qualifications required of electors under the general laws of the state shall be entitled to vote at any election held under the […]
42-5107. REGISTRATION REQUIRED. Pursuant to the provisions of section 34-1402, Idaho Code, registration shall be required of qualified electors, as defined in section 42-4206, Idaho Code, in any election held in the ground water management district. In addition to the requirements specified in section 34-1402, Idaho Code, the election official shall also verify that the […]
42-5108. NOTICE OF ELECTION. The secretary of the district shall give notice of all elections in the district by publication of the notice in accordance with the provisions of section 34-1406, Idaho Code. Notices shall state the time of the election and the location of polling places within the district and the directors to be […]
42-5109. CONDUCT OF ELECTIONS. The election shall be conducted in accordance with the general laws of the state including the provisions of chapter 14, title 34, Idaho Code. The board of directors shall designate polling places in such number as it may deem necessary. At least ten (10) days before the holding of any election, […]
42-5110. CANVASS OF RETURNS — DECLARATION OF WINNERS. On the first Monday after each election, or at a time designated by the board of directors, the board shall meet at its usual place of meeting and proceed to canvass the returns. By order entered on its minutes, the board shall declare elected the person or […]
42-5111. BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office at the pleasure of the board. The treasurer shall on his appointment execute and file with the secretary an […]
42-5112. POWERS AND DUTIES OF BOARD OF DIRECTORS. The board shall have the following powers and duties: (1) To manage and conduct the business and affairs of the district; (2) To employ and appoint such agents, officers and employees as may be required to perform the duties as set out in this chapter and prescribe […]
42-5113. LEVY OF ASSESSMENTS. The secretary of the board of directors shall be the assessor of the district, and on or before August 1 of each year shall prepare an assessment book containing a full and accurate list of all water users within the district. At a regular meeting of the board between August 1 […]
42-5114. POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT. In order to secure funds for the repair or abandonment of wells in the district, the board of directors may, by resolution duly adopted and entered upon the minutes, incur indebtedness by contract with a money-lending institution; provided, however, that the term of such indebtedness […]
42-5115. ELECTION FOR INDEBTEDNESS — REFERENDUM PETITION. Whenever the board shall by resolution adopted by a two-thirds (2/3) majority of the said board, determine that the interest of said district and the public interest or necessity demand the reconstruction, rehabilitation, replacement and improvement of any well or other related structures and works together with all […]
42-5116. JUDICIAL EXAMINATION. Prior to the incurring of indebtedness, the board shall file a petition in the district court of the county in which the office of the board is located, pursuant to the provisions of sections 43-406 to 43-408, inclusive, Idaho Code, as if the district were an irrigation district. Whenever any district which […]
42-5117. JUDICIAL PROCEEDINGS TO TEST VALIDITY. In the event that any official required to participate in any act leading to the calling or holding of the required election or the execution of any required contract shall refuse to perform such act alleging as his reason illegality of the proposed election or the proposed contract, the […]
42-5118. TAX EXEMPTION. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law. History: [42-5118, added 1987, ch. 349, sec. 1, p. 774.]
42-5119. LIBERAL CONSTRUCTION. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this […]
42-5120. LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY. If in any year the board of directors fails to levy assessments for the repayment of indebtedness in amounts sufficient to meet a payment or payments falling due, the lender may bring an action in the district court of any county in which the […]
