US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 7
                       HEADGATES AND MEASURING DEVICES
    42-714.  BUDGET -- COLLECTION METHOD -- ENFORCEMENT. (1) The budget, when
approved, shall be filed with the secretary of the meeting and the district
treasurer and thereupon the district hydrographer shall immediately prepare
and file a certified copy thereof with the director of the department of water
resources.  The budget so approved shall be due and payable on the first day
of April of each year unless a different due date is specified by resolution
of the appropriators or water users at the annual meeting.  Any assessments
not paid by the due date shall bear interest from the due date until paid at
the rate of eight percent (8%) per annum.
    (2)  The district hydrographer is authorized to collect his compensation
and that of his assistants, and other expenses of the district, directly from
the appropriators or water users, canal companies, and irrigation districts.
The district hydrographer shall collect such compensation and expenses
directly from the appropriators or water users and shall turn the collected
funds over to the water measurement district treasurer for deposit and
disbursement in accordance with section 42-715, Idaho Code.
    (3)  The district hydrographer is authorized to cause the delivery of
water to be withheld or to cause diversions of water to cease by those users
who have not paid their pro rata share of the cost of operating the district
as levied until such time as the pro rata share of the cost is paid.
    (4)  The water measurement district shall have the right to collect any
charges due and unpaid, by civil action, the action to be brought in any court
of competent jurisdiction, in the name of the district hydrographer to whom
such charges are payable, and in addition to the amount found due, together
with interest and costs, may also recover such sum as the court may adjudge
reasonable as attorney's fees in the action.
    (5)  The appropriators or water users may by resolution request the
department of water resources to prepare and mail the billings for the
collections authorized in this section.  The resolution will agree to
reimburse to the department the actual cost incurred by the department in
preparing and mailing the billings.