US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 13
                          LATERAL DITCH WATER USERS'
                                 ASSOCIATIONS
    42-1308.  APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF
WATER RESOURCES. (1) In the event that the water users or the board of
directors of any lateral or ditch association do not meet and elect a lateral
manager as provided for in this chapter or a lateral manager is not selected
as otherwise provided by law, then, the director of the department of water
resources may appoint and fix the compensation of a lateral manager, upon the
written petition of a water user alleging that water is not being apportioned
and distributed properly among the users from the ditch or lateral and that
the rights of the water user are being injured thereby.
    (2)  If the water users also have failed to elect association officers,
the lateral manager appointed by the director may exercise the duties of the
association officers, including the making and collection of assessments, but
not the borrowing of money, as is necessary to achieve the proper allocation
and distribution of water from the ditch or lateral and without regard to the
statutory dates for the performance of these duties.
    (3)  The lateral manager appointed by the director shall hold office only
for the period of time fixed by the order of appointment and in no event
beyond the remainder of the year in which appointed.
    (4)  If the lateral is located within a water district established
pursuant to chapter 6, title 42, Idaho Code, the director shall advise the
district watermaster of the receipt of the petition and invite the watermaster
to make recommendations concerning the need for appointment of a lateral
manager and the person to be appointed.
    (5)  Upon receipt of a petition filed pursuant to subsection (1) of this
section, the director shall make a reasonable effort to provide written notice
of the petition to any irrigation district, canal company, or other water
distribution entity that supplies water to the lateral, and to all persons
having rights to the use of water from the lateral. Except in the case of
serious threat of imminent injury to person or property, the director shall
allow fourteen (14) days for written response to the petition.
    (6)  Based upon a review of the petition, the responses thereto, the
recommendations of the watermaster, if any, and any investigation by the
department of water resources, the director shall issue an order with findings
either appointing a lateral manager or declining to appoint a lateral manager.
Any person aggrieved by the order of the director shall be entitled to request
a hearing before the director pursuant to section 42-1701A, Idaho Code.