42-2023 — LANDS ELIMINATED FROM PROJECT -- REPAYMENT OF FEES, COMMISSIONS, AND PURCHASE MONEYS -- REPAYMENT UPON CANCELLATION OF ENTRY
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 20
RECLAMATION OF CAREY ACT LANDS
42-2023. LANDS ELIMINATED FROM PROJECT -- REPAYMENT OF FEES, COMMISSIONS,
AND PURCHASE MONEYS -- REPAYMENT UPON CANCELLATION OF ENTRY. In all cases
where it shall, upon due proof being made, appear to the satisfaction of the
director of the department of water resources that persons have made entry
under what is commonly known as the Carey Act Laws of the state of Idaho, and
have paid to the state of Idaho any fees, commissions or purchase moneys as
required by the laws of the state of Idaho relating to Carey Act entries,
which entries were, and the lands embraced in such entries have been, by order
of the state board of land commissioners, the director of the department of
water resources, or final decree of a court of competent jurisdiction,
eliminated from the Carey Act project or segregation of which it was a part,
and such order of elimination or judgment is based upon the ground that the
water supply was deficient, and the entry is canceled or relinquished, the
treasurer of the state of Idaho is authorized to repay to such persons or
their legal representatives the fees, commissions and purchase moneys so paid
by them, upon proper showing and presentation of such claim.