42-2013 — ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS -- PUBLICATION OF NOTICE OF OPENING -- PREFERENCE TO EX-SERVICE PERSONS
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 20
RECLAMATION OF CAREY ACT LANDS
42-2013. ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS -- PUBLICATION OF
NOTICE OF OPENING -- PREFERENCE TO EX-SERVICE PERSONS. Immediately upon the
withdrawal of any land for the state by the department of the interior, and
the inauguration of work by the contractor, it shall be the duty of the
director of the department of water resources, by publication once each week
in some newspaper of the county in which said lands are situated, and one (1)
newspaper at the state capital, for a period of four (4) weeks, to give notice
that said land, or any part thereof as the director in his discretion may deem
is for the best interests of the state, is open for settlement, the price for
which said land will be sold to settlers by the state and the contract price
at which settlers can purchase water rights or shares in such works provided,
however, that in said notice two (2) dates of opening shall be stated, the
first of which shall be at least thirty (30) days prior to the second. Said
notice shall state that at the first opening only ex-service persons may
participate in the entry and selection of land, and that on the day of opening
all those present will be allowed to make a selection by lot, the method of
drawing by lot to be determined by the director of the department of water
resources; and that said notice shall state that due proof that they are
ex-service persons, will be required of all applicants for the entry and
selection of land at the first opening, and shall state what proof will be
required.
For the purpose of any drawing and/or selection of land for entry under
this section or section 42-2013A, Idaho Code, a husband and wife shall be
allowed to join their entries and receive a total of three hundred twenty
(320) acres in one drawing or selection. A spouse of an ex-service person,
whether or not an ex-service person, shall be considered an ex-service person
for the purpose of joining entries under the ex-service person preference
granted in this act.