42-3202B — WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF RECREATIONAL WATER AND/OR SEWER DISTRICTS -- CREATION


                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 32
                          WATER AND SEWER DISTRICTS
    42-3202B.  WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF
RECREATIONAL WATER AND/OR SEWER DISTRICTS -- CREATION. Each petition filed
with the clerk of the district court pursuant to the provisions of this
chapter shall be verified and the petitioner shall certify or prove to the
satisfaction of the court that the district sought to be created is a
recreational water and/or sewer district under the terms of section 42-3202A,
Idaho Code. The court decree pursuant to the provision of section 42-3207,
Idaho Code, determining the nature of such district pursuant to the
petitioner's prayer shall be conclusive for this and all other purposes. If
the water and/or sewer district sought to be created is a recreational water
and/or sewer district as defined in section 42-3202A, Idaho Code, such
recreational water or sewer district shall be created in the manner provided
in chapter 32, title 42, Idaho Code, except that the term, "qualified elector"
shall mean any natural person who is qualified to vote in an Idaho general
election, and who is an actual resident of the district, or who is an actual
resident of Idaho, owning land within the boundaries of the district or area
to be included within the district, or is a lease holder of a state
recreational lease, or is a permit holder of a federal recreational use permit
and pays personal property tax on improvements on the lease or permit area,
irrespective of his or her place of residence in Idaho. The holder or holders
of a bona fide contract to purchase any land within the proposed district
whose names appear upon the next preceding county assessment roll for the
payment of taxes on the land shall be deemed an owner of land for the purposes
of this section.