42-612 — BUDGET OF WATER DISTRICT -- ADOPTION AND CONTENTS -- DEBT OF WATER USER
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 6
DISTRIBUTION OF WATER
AMONG APPROPRIATORS
42-612. BUDGET OF WATER DISTRICT -- ADOPTION AND CONTENTS -- DEBT OF
WATER USER. (1) At any annual meeting the water users must adopt a budget
covering the estimated expenses of delivering the water of the district for
the ensuing year, and by resolution determine that the budget shall be
collected. The compensation of the watermaster and the watermaster's
assistants and any other expenses of delivering the water of the district to
the users thereof, including the costs of the advisory committee in
implementing resolutions adopted by the water users of the district for
activities other than the payment of the salary and operating expenses of the
watermaster and assistants, shall be paid in the manner hereinafter, in this
section, provided.
(2) To the extent possible, funding for advisory committee expenses
associated with implementing resolutions adopted by the water users for other
than the payment of the salary and operating expenses of the watermaster and
assistants shall come from funds available pursuant to section 42-613A, Idaho
Code.
(3) The budget shall show the aggregate amount to be collected from all
the water users in the district, and the amount to be paid by each ditch,
canal company, irrigation district or other water user. For the purpose of
computing the respective amounts, to be paid by each water user, the water
delivered to the various ditches, canal companies, irrigation districts or
other users during the past season or seasons, not exceeding five (5) seasons,
shall be used as a basis.
(4) Upon the adoption of the budget the amount payable by each ditch,
canal company, irrigation district or other water user, as shown by the
budget, shall become the debt of each respectively and shall become due and
payable as hereinafter provided. Other provisions of chapter 6, title 42,
Idaho Code, notwithstanding, water users may at the annual meeting by
resolution provide for an annual minimum charge not to exceed fifty dollars
($50.00) per water user for watermaster services. The minimum charge is
applicable whenever the prorated charge against any ditch, canal company,
irrigation district or other water user is less than the minimum charge.
(5) Other provisions of chapter 6, title 42, Idaho Code, notwithstanding,
water users at the annual meeting may provide, by resolution, that the
respective amounts owed by each water user as shown in the adopted budget
shall constitute a final determination of the amount due for that year without
the need to carry forward any water user debits or credits to the following
year.