US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 31
                           FLOOD CONTROL DISTRICTS
    42-3127.  EXCLUSION OF A DIVISION. The qualified electors residing in a
division of a flood control district may petition the director of the
department of water resources requesting to be excluded from a district. Said
petition must be signed by one-third (1/3) or more of the qualified electors
residing within the territory of the division and the petition must:
    (1)  Show that the division either plans to join another existing district
or form a new district.
    (2)  Describe the impacts on the remainder of the district after the
division is excluded.
    (3)  Describe the benefits to the division that will result from its
exclusion from the original district.
    (4)  Be in proper form as required by section 42-3105, Idaho Code, to
proceed with the formation of a new district or be in proper form as required
by section 42-3120, Idaho Code, to proceed with the addition of the division
to an already existing district.
    (5)  Present an equitable division of assets and liabilities between the
division and the remaining district.
    Upon receipt, the director shall examine the petition, and if in proper
form and if it appears that an equitable distribution of assets and
liabilities can be made, the director shall proceed with the publication of
notice, as described in section 42-3107, Idaho Code. The director shall, at
the hearing, permit any person or corporation interested in the exclusion of
the division to appear and present testimony and evidence in support of or
against exclusion of the division. The director shall base his findings upon
allegations in the petition, testimony and evidence presented at the hearing
and any other facts necessary for the determination of the practicability and
feasibility of exclusion of the division.
    If the director shall recommend that a division should be excluded, he
shall make and enter his findings in the form of a petition to the district
court for the county in which the largest portion of the division is located.
The district court may then order the exclusion of a division.
    If the director shall determine that a division should not be excluded,
nothing further shall be done, unless a new petition is filed in a similar
manner as described above.
    At such time as the division is excluded by the district court, the new
district or enlargement of an existing district shall be ordered by the
director in accordance with section 42-3108, Idaho Code.
    The director may redivide the district from which the division was
excluded in order to meet the requirements of section 42-3106, Idaho Code.