43-1101. PETITION. Any person or persons owning land within any irrigation district and forming a part thereof may file with the board of directors of such irrigation district a petition in writing requesting the exclusion of the land or lands owned by them and described in the petition from the irrigation district. As many parties […]
43-1102. GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES. (a) The grounds and reasons for exclusion of lands from an irrigation district are listed as follows: 1. The lands are too high to be watered without pumping by the owners of the lands from water owned or controlled by the […]
43-1103. CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY. A petition for exclusion shall set forth all of the following: 1. A description of the land of each petitioner for which exclusion is requested; 2. The reasons why it is claimed the tract or tracts should be excluded and that, except for […]
43-1104. HEARING ON PETITION — ORDER OF EXCLUSION. The board of directors of the irrigation district may conduct its own investigation of the facts alleged in the petition and, by resolution duly adopted, which may address the allegations of several petitions, accept the facts as alleged and determine that no hearing is required prior to […]
43-1105. SURVEY OF LAND TO BE EXCLUDED. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high […]
43-1106. APPEAL. An appeal shall lie from the decision of the board of directors of such irrigation district denying the petition or any part thereof to the district court of the county where the lands described in the petition are located. The appeal shall be taken in accordance with and shall be subject to the […]
43-1107. COSTS. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except in cases where: (1) The lands excluded are found to be too high or not susceptible of irrigation from the water system of the district without pumping by the landowner and the petitioner […]
43-1108. CHANGES TO BE FILED FOR RECORD. The decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner’s land and changing the boundaries of such irrigation district shall be filed for record in the recorder’s office of the county within which are situated the excluded lands. […]
43-1109. EFFECT OF EXCLUSION. An exclusion of land from any irrigation district shall not impair its existence, nor its rights, including those in its property or its obligations. The land excluded from an irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of […]
43-1110. RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE. The board of directors of an irrigation district may by resolution, or must, if petitioned by the owners of record of over fifty per cent (50%) of the number of lots in a platted subdivision, declare its proposal to exclude from the district all […]
43-1111. RESOLUTION — CONTENTS. The resolution proposing to exclude such lands shall: (a) Describe each lot or parcel proposed to be excluded; (b) Specify the period of time during which each such lot or parcel has not received water from the water rights or through the irrigation works and system of the district; (c) Specify […]
43-1112. NOTICE. The secretary shall publish notice of such hearing for at least once a week for two (2) weeks before the date of such hearing in a newspaper published in the county in which the land proposed to be excluded is situated. If no newspaper is published in the county containing the land proposed […]
43-1113. NOTICE — CONTENTS. Such notice shall contain: (a) A statement of the date, time and place of the hearing; (b) A description of each lot or parcel proposed to be excluded; (c) The reasons for the exclusion stated in the resolution of intention; and (d) Notice to each person, firm and corporation interested in […]
43-1114. HEARING. At the hearing on the proposed exclusion, the board of directors shall hear all of the objections presented to it in writing and all evidence introduced in support of the exclusion and in support of the objections to the exclusion. History: [(43-1114) 1972, ch. 371, sec. 5, p. 1089; redesignated, 1990, ch. 181, […]
43-1115. ORDER — DETERMINATION. The board after the hearing on its proposal to exclude and the objections thereto shall order the exclusion of all or any part of the land described in the resolution when as to the land to be excluded, the board determines that: (a) The land has not received water from the […]
43-1116. BOARD — ENTRY OF ORDER OF EXCLUSION. If the board determines from the hearing that any lot or parcel included in the proceedings should be excluded from the district, the board shall make and enter an order of exclusion in its proceedings describing each lot or parcel being excluded from the district. If any […]
43-1117. ORDER — FILING FOR RECORD. A copy of the order or resolution of exclusion, certified by the president and secretary of the district, shall be filed for record in the office of the county recorder of each county wherein any portion of the land is situated. History: [(43-1117) 1972, ch. 371, sec. 8, p. […]
43-1118. APPEALS — PROCEDURE. An appeal shall lie from the resolution or the order of the board of directors excluding, and from the order of the board of directors not excluding, lands covered by proceedings under sections 43-1110 through 43-1117, Idaho Code, or from any part of any such order. The appeal may be taken […]
43-1119. EXCLUSION — LOSS OF WATER RIGHTS — OBLIGATIONS OUTSTANDING — EFFECT — ENFORCEMENT — PAYMENT — CERTIFICATE. (1) Land excluded from any irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and, except as provided in subsection (b) of […]
43-1120. REINSTATEMENT OF NONAGRICULTURAL LANDS — ORDER — FILING FOR RECORD. Where lands have been excluded from an irrigation district under the provisions of this chapter and the owner or owners of the excluded lands desire to receive irrigation water: through an existing distribution system; through a distribution system proposed to be constructed under authority […]
