T42CH31

Title 42 > T42CH31

Sections (34)

42-3101

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3101. Short title. This act may be known and cited as the Flood Control District Act. History: [42-3101, added 1971, ch. 300, sec. 1, p. 1219.]

42-3102

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3102. Policy of state. It is hereby recognized by the legislature that flooding can cause significant damage to life and property in this state. It is therefore declared to be the policy of the state to provide for flood risk reduction, flood response, and flood recovery in a manner consistent with the conservation and wise development of our water resources and thereby to protect and promote the health, safety, and general welfare of the people of this state. History: [42-3102, added 1971, ch. 300, sec. 2, p. 1219; am. 2024, ch. 175, sec. 1, p. 657.]

42-3103

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3103. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings: (1) Board or board of commissioners means the board of commissioners of the flood control district. (2) Commissioner means a member of the board of commissioners of the flood control district. (3) Debris removal or remove debris means to remove from the channels and banks of streams, and any other surface watercourses, any artificial debris, gravel, sediment, plants, and other materials that obstruct or are likely to obstruct the flow of water therein and thereby cause flooding or interfere with the lawful diversion and beneficial use of water. (4) Department means the department of water resources, state of Idaho. (5) Director means the director of the department of water resources, state of Idaho. (6) District means any flood control district organized by authority of this act or prior acts of the Idaho legislature. (7) Flood, flood event, or flooding means the inundation of normally dry land areas with water caused by the overflow or rise of rivers, streams or lakes, and other surface watercourses, or the unusual and rapid accumulation or runoff of surface waters from any source. (8) Flood control means the activities, operations, and projects authorized by the board for flood risk reduction, flood study, flood response, and flood recovery. (9) Flood control structure or structure means any treatment measure on land or the channels and banks of streams and any other surface watercourses authorized by the board for flood control, including but not limited to a bank barb, berm, dike, drop structure, levee, riprap, sill, planting, device, or other mechanism. (10) Flood recovery means the activities, operations, and projects authorized by the board after a flood event, including but not limited to the maintenance, construction, or installation of any flood control structure or the implementation of any flood risk reduction measure. (11) Flood response or flood fight means the activities, operations, and projects authorized by the board in response to a flooding emergency. (12) Flood risk reduction or flood risk prevention means activities, operations, projects, structures, and studies authorized by the board to reduce the risk of flooding, including but not limited to the removal of debris and the maintenance, repair, stabilization, restoration, alteration, or improvement of stream banks, stream channels, and other surface watercourses. (13) Flood study or study means any data gathering, study, modeling, or other analysis used by the district in conducting flood control. (14) Flooding emergency means a circumstance in which the board has determined to take immediate action to reduce injury to life or damage to property during an existing or imminent flood event. (15) State

42-3104

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3104. Districts — Composition — Designated by number. Flood control districts, composed of any portion of a county, or any county or counties requiring flood control, may be established pursuant to this act and when so established shall be governmental subdivisions of this state and public bodies, corporate and politic. Districts shall be assigned a number by the department and shall have all of the powers and duties conferred by law upon such districts. History: [42-3104, added 1971, ch. 300, sec. 4, p. 1219.]

42-3105

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3105. Petition to establish district — Contents. A petition, signed by one-third (1/3) or more of the qualified voters residing within the territory of the proposed district may be filed with the director of the department of water resources asking that a district be organized in the territory described in the petition. Such petition shall set forth: 1. The object of the organization of the district. 2. The temporary boundaries of the proposed district. 3. That the establishment of said district, and the proposed method or system of flood control is a proper and advantageous method of accomplishing the relief sought or the benefits to be secured. 4. That the establishment of said district and the reservoirs, dams, levees, dikes, power plants, plans of irrigation and drainage improving, enlarging, widening, deepening, or straightening existing watercourses or rivers or the removal of natural obstructions therefrom or any other thing to be done will be conducive to the public health and welfare or will increase the public revenue. History: [42-3105, added 1971, ch. 300, sec. 5, p. 1219.]

42-3106

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3106. Division of district — Maps and surveys. (1) The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such surveys of the territory to be affected by the proposed district, as will enable him to fully determine whether the same is necessary, practicable or feasible and shall prepare a report of his findings. For the purpose of making his findings, the director may advise and consult with any local governmental subdivision, irrigation district, drainage district, canal company, or any individual water user who is not a member of any such company, who or which may be interested in, or affected by, the proposed district. (2) The director shall prepare a map of the proposed district and shall divide the proposed district into not less than three (3) nor more than nine (9) divisions so as to provide adequate representation to all of the interests within said district. History: [41-3106, added 1971, ch. 300, sec. 6, p. 1219; am. 2023, ch. 56, sec. 1, p. 208.]

42-3107

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3107. Publication of notice — Contents. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the general boundaries of said district, the general outline of work, plans or improvements contemplated, and shall further state the time and place where said petition will be considered by him, and any proponents and opponents desiring to be heard shall be heard at such time and place. Such notice shall be published three (3) weeks, at three (3) consecutive weekly issues, before the date upon which said hearing will be heard, in a newspaper of general circulation within each county in which any of the lands proposed to be included within the district are located. History: [42-3107, added 1971, ch. 300, sec. 7, p. 1219.]

42-3108

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3108. Hearing on petition — Findings and order of director — Recording. The director shall, at the hearing herein provided, permit any person or corporation interested in the formation of the proposed district, or any of its objects or purposes, to appear and make objections to the organization of the district. The petition shall be prima facie evidence of proponents of the formulation of the district, although such petitioners may withdraw their names at said hearings, or as is otherwise provided by law. The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing, and any other facts necessary for the determination of the practicability and feasibility of said district. If the director shall recommend that said district be organized, he shall make and enter an order and record the same in the office of the county recorder of each county wherein the lands of the said district thereof are located. The order shall set forth facts as found by him upon the hearing of the petition. Upon entering and recording the order, in the manner provided, the district shall be considered as organized. Whenever the director shall recommend against the organization of the district at the hearing, but shall recommend the formulation of a district materially different from that prayed for in the petition filed with him, there shall be no further proceedings thereon, unless the director be requested so to do by one-third (1/3) of the qualified voters therein in the same manner as provided herein for the filing of the original petition, and upon the filing of such petition the director shall be required to comply with this act as if such petition had been filed with him in the first instance. If the director shall recommend that said district not be organized at such hearing, nothing further shall be done unless a new petition shall be filed in the manner herein provided. History: [42-3108, added 1971, ch. 300, sec. 8, p. 1219.]

42-3109

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3109. initial board of commissioners — appointment — qualification — bond — oath — organization. (1) The order of the director organizing said district shall name the initial members of the district board of commissioners without regard to political affiliation. Each division of the district shall be represented by one (1) commissioner. Each initial commissioner shall be a qualified elector pursuant to section 42-3118 , Idaho Code, and shall reside within the division he represents. (2) Each appointed commissioner shall be entitled to enter upon the duties of his office upon taking the oath of office as provided for in section 59-401 , Idaho Code, and filing a bond to the state for the benefit of said district for the faithful performance of the commissioner’s duties. The amount of the bond shall be five thousand dollars ($5,000) with one (1) or more sureties, or a surety bond, the premium for which shall be a lawful expenditure of the district, either of which shall be approved by the judge of the district court wherein the commissioner resides; provided, the judge of the district court, upon application and proper showing by the board, may enter an order reducing the amount of the bond to such sum as may appear to him to be reasonable and adequate under the showing made. The commissioners shall take the oath of office and file their bonds within fifteen (15) days after they are appointed. The bonds of the initial commissioners shall be filed with the clerk of the district court of the county in which the office of the district is located and kept in trust by said clerk of the district court. (3) Immediately after their appointment and the filing and approval of their bonds, the commissioners shall organize themselves into a board, as in this act provided, and shall by lot determine the terms of their office, which shall be one (1), two (2) and three (3) years, respectively. History: [42-3109, added 1971, ch. 300, sec. 9, p. 1219; am. 2018, ch. 193, sec. 1, p. 429; am. 2023, ch. 56, sec. 2, p. 208.]

42-3110

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3110. Organization of board — Approval by court. The board, duly organized by order of the director shall within a reasonable time after their appointment, qualification and organization, file, in the district court of the county in which their office is located, a petition praying that all of the proceedings prior thereto may be examined and approved by the court. The petition shall set forth in detail the proceedings taken prior to the entry of the order organizing the district, and the subsequent appointment and organization of the board. Upon the filing of the petition the court may require such notice to be given of the hearing on said petition as in his discretion he deems necessary and proper. At the hearing the court shall require that evidenciary proof be presented of all of such proceedings taken pursuant to the rules of evidence. In the event that the court finds that all proceedings were in conformity with this act, and that all procedures were followed, and that said district was organized in conformity with this act, then the court shall make its findings of fact, conclusions of law and order confirming these proceedings. The order of the court entered upon the hearing of any petition shall be conclusive as the regularity of the proceedings unless appealed from within thirty (30) days after the entry of such order, provided that upon such appeal no bond shall be required, except for costs of the appeal, and no stay shall be allowed pending the appeal. History: [42-3110, added 1971, ch. 300, sec. 10, p. 1219.]

42-3111

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3111. board of commissioners — annual appointment — qualification — oath — bond — officers’ election — duties — term of office — removal. (1) Annually after the director’s order organizing the district and appointing the initial members of the district board of commissioners, the board shall appoint or reappoint the commissioner or commissioners to succeed those whose terms of office are expiring and shall notify the director of such appointments. The director may make such appointments if the board fails to do so. Appointments shall be for three (3) years, provided that each division of the district shall be represented by one (1) commissioner. Each commissioner appointed pursuant to this section: (a) Shall be a qualified elector of the district pursuant to section 42-3118 , Idaho Code, and a resident of the division he represents, except that, in the event the board is unable to appoint a resident of the division, the board may appoint a person at-large who is a qualified elector of the district; and (b) Shall qualify by taking the oath and filing a bond that meets the requirements of section 42-3109 , Idaho Code, with either the clerk of the district court of the county in which the office of the district is located or with the secretary of the board. (2) Upon the initial organization and annually thereafter on the same date, the board shall organize, by the election of one (1) of their number as chairman and one (1) of their number as vice chairman. They shall elect or appoint a secretary, who may, or may not, be a member of the board. They shall elect or appoint a treasurer, who may, or may not, be a member of the board. (3) The chairman shall preside at all meetings, sign all claims, except his own, which shall be signed by the vice chairman, sign all warrants in payment of claims, after the submission of such claims and thus approved by the board, and such other duties as shall be required of him by law or prescribed by the board. (4) The vice chairman, in the absence of the chairman, shall have the same powers and duties as the chairman. (5) The secretary of the board shall have the duties as are prescribed by the board. He shall attend all meetings of the board, shall keep a record of the proceedings, and shall enter in said record all matters required by law or by the board so to be entered; and said record shall be open to inspection by any person at all reasonable times. In the absence of the secretary the board shall appoint some person, who, as acting secretary, shall keep the record of the proceedings of the board and certify the same to the secretary, and the board. Whenever in the discretion of the board it is deemed advisable to do so, the secretary may be placed under surety (fidelity) bond, in the manner and in the amount which shall be prescribed by the board. (6) The treasurer appointed, or elected, by the board shall have s

42-3112

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3112. Vacancies on board — Appointment by board. If there is a vacancy of any commissioner position through death, resignation, failure to meet the qualification requirements of section 42-3111 , Idaho Code, or removal by the director, such vacancy shall be filled by appointment by the remaining members or member of the board. Said appointee shall be a resident of the same division of the district as the commissioner whom he is replacing and shall serve for the unexpired term, or until his successor is appointed and qualified, except that, in the event the board is unable to appoint a resident of the division vacated, the board may appoint a person at-large who is a qualified elector of the district pursuant to section 42-3118 , Idaho Code, to serve as commissioner of the division where the vacancy occurred. If the board fails to fill a vacancy, or if there are no members of the board due to vacancies, the director may make such appointments to represent each division of the district. History: [42-3112, added 1971, ch. 300, sec. 12, p. 1219; am. 2023, ch. 56, sec. 4, p. 211.]

42-3113

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3113. Meetings of board — Regular — Special. (1) The board shall designate the official location of its office, that may be within or outside of the district’s boundaries. (2) Regular meetings of the board shall be held at a time and place to be fixed by the board. The board shall send a written notice with the official location of its office and the time and place of its regular meetings to the department of water resources. (3) Special meetings and adjourned meetings of the board may be called by the chairman, vice-chairman or secretary, or any quorum of the board, and may be held at any time. If the time and place of such special meeting shall not have been determined at a meeting of the board with all members being present, then notice of the time and place of such special or adjourned meeting shall be given to each member of the board not less than three (3) days before such special meeting is to be convened; unless such notice is waived in writing, signed by all of the members of the board present and voting at such special or adjourned meeting, and the signed waiver made a part of the minutes of such meeting. (4) A quorum for the transaction of business of the board shall consist of a majority of the members of the board. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman may vote in all cases, and, in the event he elects not to vote and in the case of a tie, then he must cast the deciding vote. (5) All meetings, regular, special and adjourned, of the board, are declared to be public meetings open to the public. All meetings of the board shall be held in compliance with the open meetings law as provided in chapter 2, title 74 , Idaho Code. History: [42-3113, added 1971, ch. 300, sec. 13, p. 1219; am. 2025, ch. 154, sec. 1, p. 758.]

42-3114

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3114. Compensation of commissioners. The commissioners of the district shall fix by resolution the compensation they shall each receive for their services for each day they shall actually be engaged in the business of their office, and shall fix by resolution the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away from their place of residence and engaged in the business of their office, subject to the limits provided in section 67-2008 , Idaho Code. The commissioners shall present an itemized account under oath on forms prescribed by the board. History: [42-3114, added 1971, ch. 300, sec. 14, p. 1219; am. 1978, ch. 244, sec. 1, p. 535; am. 2014, ch. 72, sec. 2, p. 184; am. 2025, ch. 154, sec. 2, p. 759.]

42-3115

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3115. Commissioners — Powers and duties. The board of commissioners of flood control districts shall have the following powers and duties: (1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of construction, costs of operation and maintenance of the work and equipment of the district, and to levy and cause to be collected assessments on real property within the district in an amount not to exceed six hundredths of one percent (.06%) of the market value for assessment purposes on all taxable property within the district, provided however that a higher levy may be approved and ratified by the qualified voters at an election to be held, subject to the provisions of section 34-106 , Idaho Code, for that purpose in the same manner as provided for the approval and ratification of contracts in section 42-3117 , Idaho Code, and said levy shall be certified by the board to the board of county commissioners of the county, or counties, in which said district is located, with directions that, at the time and in the manner required by law for levying taxes for county purposes, such board, or boards, of county commissioners shall levy such tax on the market value for assessment purposes of the real property within the boundaries of the district. Such certification of levies shall be prepared and forwarded by the board of the flood control district to the board, or boards, of county commissioners on or before September 1 of each year. Such levies shall be levied and collected in the manner provided by law, and the moneys collected shall be turned over to the treasurer or treasurers of the county, or counties, in which said district is located. Said moneys shall be public funds and subject to the provisions of the public depository laws of the state. (2) To employ such personnel as may be necessary to carry out the purposes and objects of this chapter, with the full power to bind said district for the compensation of such personnel. (3) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments necessary or convenient to the exercise of its power; and to promulgate, amend and repeal rules not consistent with the provisions of this chapter. (4) To manage and conduct the business and affairs of the district, both within and without the district. (5) To enter into contracts for the purposes of this chapter, provided however, that the board shall purchase goods and services in accordance with the provisions of chapter 28, title 67 , Idaho Code. However, where it is determined by order of the board that there is an existing flooding emergency, or that the district is in a flood fight, the requirement for sealed competitive bids shall not ap

42-3116

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3116. director’s approval — when required. (1) In the event that the district’s activities and operations will alter a stream channel within the meaning of section 42-3802 , Idaho Code, the district shall obtain the director’s prior approval pursuant to chapter 38, title 42 , Idaho Code. (2) The district’s conduct of flood response during a flooding emergency declared by the board shall not require a stream channel alteration permit, provided the district complies with the emergency waiver procedures consistent with section 42-3808 , Idaho Code, and rules promulgated by the Idaho water resource board. History: [42-3116, added 2014, ch. 72, sec. 4, p. 186; am. 2024, ch. 175, sec. 4, p. 661.]

42-3117

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3117. Contracts submitted to voters — Notice — Election. Whenever any contract with the United States or any agency thereof or, the state, is proposed to be entered into by any district which would create indebtedness in excess of the moneys on hand or the funds to be realized from their budget for the year in which said contract is entered into, the board shall first submit the question to the qualified voters of the district at an election to be held, subject to the provisions of section 34-106 , Idaho Code, for that purpose. Notice of such election must be given as provided in section 34-1406 , Idaho Code. The notice must specify the date of the holding of the election, the qualification of the voters, the nature of the contract set forth in general terms, and by reference shall give notice as to where a copy of such contract, proposed to be entered into, may be viewed by the qualified voters, one (1) of which places shall be with each of the commissioners of the district and such other places as the board may determine by their order. Said notice shall further set forth the amount of the contract, the amount of the funds, if any, which will be received from the United States, and/or the state, the amount that the district will be obligating itself to pay, the duration of construction and obligation of such contract, the estimate of the mill levy required for operation, maintenance and administrative expenses of the district, whether such obligation may be met, within the limitations imposed by the levy authorized by this chapter, or whether, in addition to voting upon the contract it will be necessary to vote upon an increase in the authorized levy. The notice shall further state the hours between which the polls will be open, the definite place or places of holding the election, which shall be fixed by the board by its order, which order will require at least one (1) polling place in every division of the district, and the question to be voted upon. The ballot shall contain the question to be voted upon and shall contain the words Contract-Yes and Contract-No, or other words equivalent. In the event such contract requires the district to call for a levy beyond the limitations imposed in section 42-3115 , Idaho Code, then the ballot shall contain the question to be voted upon and shall contain the words Contract and Levy-Yes and Contract and Levy-No or other words equivalent. In this election, the polling places shall be presided over by a board of election which shall be appointed by the board which shall consist of two (2) judges and a clerk, who shall be qualified voters of the division and the district. Before entering upon their duties each member of the board of election shall take an oath, which shall be administered by any qualified district voter before they shall perform their duties as such member of the board of election. In such

42-3118

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3118. Electors — Qualifications. No person shall be entitled to vote at an election for the purpose of raising the authorized maximum levy or the ratification of contracts by a flood control district, or for any other purpose in connection with said district, unless at the time of the election he is: 1. An elector within the meaning of article 6, section 2, of the Constitution of the state of Idaho; and 2. A resident within the district for a period of thirty (30) or more days next preceding the election. History: [42-3118, added 1971, ch. 300, sec. 18, p. 1219; am. 1982, ch. 254, sec. 10, p. 652.]

42-3119

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3119. Title to and sale of waters — Disposition of aggregate. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said district in any manner which the commissioners shall decide is of the greatest advantage to the district. The powers herein granted to the commissioners shall not be denied them by reason of contrary provisions of any other statute, except that the district may not obtain title to any waters previously appropriated. (2) If in the operation of the works of the flood control district or in the removal of natural obstructions from the beds of navigable lakes, rivers, and streams between the ordinary high water marks, the district acquires rock, sand or gravel aggregates, the district may dispose of such aggregate not needed for district purposes through commercial sales or by donation to public agencies. District purposes as used in this section shall include construction or reconstruction of dikes, levees, and related access facilities. If sold through commercial sales or used for nonflood control related improvements on private land, the fees required by chapter 7, title 47 , Idaho Code, shall apply and shall be paid to the state board of land commissioners. If the aggregate is donated to any public agency for use by that public agency, no fees shall be imposed or collected. (3) As used in this section, public agency means a state agency, county, municipality, or highway district. History: [42-3119, added 1971, ch. 300, sec. 19, p. 1219; am. 1986, ch. 142, sec. 1, p. 399.]

42-3120

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3120. Enlargement of district — Petition. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least one-third (1/3) of the qualified voters in the area of the proposed extension to this existing district, as shall be determined by the voters who voted in the last general election next preceding the filing of the petition for enlargement; and shall bear the indorsement of the board of the existing district certifying that the proposed enlargement is desirable. History: [42-3120, added 1971, ch. 300, sec. 20, p. 1219.]

42-3121

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3121. Consolidation of districts. If the boards of commissioners of any two (2) or more flood control districts which are contiguous deem it for the best interests of their respective district that the same be consolidated into a single district, such boards may petition the director of the department of water resources, state of Idaho, for an order consolidating the said districts. History: [42-3121, added 1971, ch. 300, sec. 21, p. 1219.]

42-3122

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3122. Petition for consolidation — Investigation — Notice of hearing. Upon receiving a petition for the consolidation of two (2) or more flood control districts, the director shall investigate the condition of such districts, and all questions affecting such proposed consolidation, and within a reasonable time shall give and publish a notice of the proposed consolidation, which notice shall state a time and place where said petition will be considered by him, and any proponents of objections desiring to be heard shall be heard at such time and place. Such notice shall be published two (2) weeks in three (3) consecutive weekly issues before the date upon which the same is to be heard, in a newspaper of general circulation within each county in which any of the lands within the said proposed consolidation district are located. History: [42-3122, added 1971, ch. 300, sec. 22, p. 1219.]

42-3123

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3123. Director’s findings on petition and hearing. The director shall, at the hearing herein provided, permit any person or corporation interested in the proposed consolidation or in any of its objects or purposes, to appear and make objection to the consolidation of said district. The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing and any facts based on his own investigation and any other facts necessary for the determination of the practicability and feasibility and desirability of said consolidation. History: [42-3123, added 1971, ch. 300, sec. 23, p. 1219.]

42-3124

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3124. Decision by director — Court confirmation of consolidation required. The director shall recommend for or against the consolidation, basing his decision on his findings of facts and stating his reasons. If the director shall recommend that the districts be not consolidated, nothing further shall be done, unless a new petition shall be filed in the manner herein provided. If the director shall recommend that the districts be consolidated, he may make and enter an order consolidating the districts and record said order in the office of the county recorder of each county wherein the lands in said consolidated district are located. The order shall also divide the consolidated district into not less than three (3) nor more than nine (9) divisions, and shall name the commissioners appointed by him for the consolidated district. The consolidated district shall be known and described by the name and number of the largest district of those consolidated. In the case of the consolidation of two (2) or more districts which are contiguous and already existing and concerning each of which the confirmation of proceedings has already been obtained, procedure the same in all respects as herein specified for the creation of an original flood control district shall be followed by the board of the consolidated district for the purpose of procuring a like order, or orders, of the district court touching such consolidation. History: [42-3124, added 1971, ch. 300, sec. 24, p. 1219.]

42-3125

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3125. Director may submit consolidation to election. The director may upon receiving a petition for consolidation of two (2) or more flood control districts, order an election to be held, subject to the provisions of section 34-106 , Idaho Code, in each district. If two-thirds (2/3) of the qualified voters in each district, voting at the election, shall vote in favor of consolidation, the director shall make and enter an order consolidating the districts as in the preceding section. If fewer than two-thirds (2/3) of the qualified voters in any district voting at the election shall vote in favor of the consolidation, nothing further shall be done, unless a new petition shall be filed in the manner herein provided. History: [42-3125, added 1971, ch. 300, sec. 25, p. 1219; am. 1995, ch. 118, sec. 62, p. 478.]

42-3126

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3126. Dissolution of district. A district may be dissolved by the district court for the county in which the office of a district was last located, on complaint or petition of parties holding and owning: 1. Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or 2. Fifty per cent (50%) or more of all land located within the boundaries of such district; or 3. Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district; or 4. Upon the complaint of the director of the department of water resources. It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district: 1. That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it will ever function in the future. 2. That no useful purpose exists for the further continuance of the organization of the district. 3. That there are not sufficient qualified voters of such district to hold a legal election. History: [42-3126, added 1971, ch. 300, sec. 26, p. 1219.]

42-3127

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3127. Exclusion of a division. The qualified electors residing in a division of a flood control district may petition the director of the department of water resources requesting to be excluded from a district. Said petition must be signed by one-third (1/3) or more of the qualified electors residing within the territory of the division and the petition must: (1) Show that the division either plans to join another existing district or form a new district. (2) Describe the impacts on the remainder of the district after the division is excluded. (3) Describe the benefits to the division that will result from its exclusion from the original district. (4) Be in proper form as required by section 42-3105 , Idaho Code, to proceed with the formation of a new district or be in proper form as required by section 42-3120 , Idaho Code, to proceed with the addition of the division to an already existing district. (5) Present an equitable division of assets and liabilities between the division and the remaining district. Upon receipt, the director shall examine the petition, and if in proper form and if it appears that an equitable distribution of assets and liabilities can be made, the director shall proceed with the publication of notice, as described in section 42-3107 , Idaho Code. The director shall, at the hearing, permit any person or corporation interested in the exclusion of the division to appear and present testimony and evidence in support of or against exclusion of the division. The director shall base his findings upon allegations in the petition, testimony and evidence presented at the hearing and any other facts necessary for the determination of the practicability and feasibility of exclusion of the division. If the director shall recommend that a division should be excluded, he shall make and enter his findings in the form of a petition to the district court for the county in which the largest portion of the division is located. The district court may then order the exclusion of a division. If the director shall determine that a division should not be excluded, nothing further shall be done, unless a new petition is filed in a similar manner as described above. At such time as the division is excluded by the district court, the new district or enlargement of an existing district shall be ordered by the director in accordance with section 42-3108 , Idaho Code. The director may redivide the district from which the division was excluded in order to meet the requirements of section 42-3106 , Idaho Code. History: [42-3127, added 1984, ch. 240, sec. 1, p. 586.]

42-3128

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3128. Exclusion of a division — Disbursement of assets and liabilities. The distribution of assets and liabilities made necessary by the exclusion of a division from a flood control district pursuant to section 42-3127 , Idaho Code, shall be established by decree of the district court. In order to establish the distribution of assets and liabilities between the remaining district and the excluded division, the court may consider the director’s findings and recommendations, county tax records and district records. History: [42-3128, added 1984, ch. 240, sec. 2, p. 587.]

42-3129

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3129. PETITION FOR ANNEXATION OF LAND. The holder or holders of any title, or evidence of title, representing any body of lands, may file with the board of commissioners of a flood control district a petition in writing praying that said land may be annexed into the district. The lands proposed to be annexed to the district may be contiguous or noncontiguous to the existing boundaries of the district. The petition shall be submitted on a form provided by the district. The petition shall contain a legal description of the lands proposed to be annexed and any other information the district may require, and the petitioners shall state under oath that petitioners hold title to the lands. The board may require petitioners to advance to the district sufficient money to pay the district’s estimated costs of proceedings on the petition. History: [42-3129, added 2020, ch. 249, sec. 1, p. 730; am. 2021, ch. 158, sec. 1, p. 437.]

42-3130

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3130. GUARDIANS AND ADMINISTRATORS MAY SIGN PETITION. A guardian, executor, or administrator of an estate who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate that he represents, may, on behalf of the ward or the estate that he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in this chapter for the change of boundaries of the district. History: [42-3130, added 2020, ch. 249, sec. 2, p. 731.]

42-3131

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3131. NOTICE OF PETITION. The district shall cause a notice of the filing of such petition to be published in the manner provided in section 42-3117 , Idaho Code. The notice shall contain the names of the petitioners and a description of the lands mentioned in the petition. The notice shall provide that all persons interested in or that may be affected by the proposed annexation may appear at the office of the board, at a time named in the notice, and show cause in writing, if they have any, why the lands mentioned should not be annexed to the district. History: [42-3131, added 2020, ch. 249, sec. 3, p. 731.]

42-3132

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3132. HEARING OF PETITION. The board of commissioners, at the time mentioned in the notice, or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on the person’s part to a change of the boundaries of the district as prayed for in the petition, or to such a change thereof as will include a part of the lands. History: [42-3132, added 2020, ch. 249, sec. 4, p. 731.]

42-3133

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3133. ORDER REJECTING OR ACCEPTING PETITION. If the board of commissioners deems a proposed annexation not to be in the best interest of the district, the board shall reject the petition. If the board deems the proposed annexation in the best interest of the district, the board may order the lands identified in the petition or some part thereof be annexed into the district. The lands annexed to the district may be contiguous or noncontiguous to the existing boundaries of the district. The annexation order shall describe the lands to be annexed into the district, and the board may cause a survey thereof to be made if deemed necessary. Thereafter, the annexed land shall be included within the boundaries of the district and shall be subject to such assessments from time to time as the board levies pursuant to section 42-3115 , Idaho Code. The board shall state in its minutes at its next regular meeting in which division in the district the annexed lands shall be included, and, if it deems necessary, the board shall make an order redividing the district into divisions, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of the district. History: [42-3133, added 2020, ch. 249, sec. 5, p. 731; am. 2021, ch. 158, sec. 2, p. 437.]

42-3134

TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION CHAPTER 31 FLOOD CONTROL DISTRICTS 42-3134. ORDER TO BE RECORDED. The board of commissioners shall cause a copy of the annexation order, certified by the chairman and secretary of the board, to be filed for record in the recorder’s office of the county or counties within which the annexed lands are situated, and thereupon the district shall be and remain a flood control district as fully and to every intent and purpose as if the annexed lands that are included in the district’s boundaries had been included at the original organization of the district. History: [42-3134, added 2020, ch. 249, sec. 6, p. 732.]