Section 43-1113 – NOTICE — CONTENTS.
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 […]
Section 43-1129 – EFFECT OF ORDERS.
43-1129. EFFECT OF ORDERS. The order excluding the transferred lands from the excluding district shall have the same effect described in sections 43-1109 and 43-1119, Idaho Code. The order annexing the transferred lands to the annexing district shall have the same effect described in section 43-1009, Idaho Code. History: [43-1129, added 2012, ch. 122, sec. […]
Section 43-1101 – PETITION.
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 […]
Section 43-1102 – GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES.
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 […]
Section 43-1103 – CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY.
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 […]
Section 43-1104 – HEARING ON PETITION — ORDER OF EXCLUSION.
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 […]
Section 43-1105 – SURVEY OF LAND TO BE EXCLUDED.
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 […]
Section 43-1106 – APPEAL.
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 […]
Section 43-1107 – COSTS.
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 […]
Section 43-1108 – CHANGES TO BE FILED FOR RECORD.
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. […]