US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4202.  AQUIFER RECHARGE DISTRICT -- FORMATION. For purposes of
formation of the aquifer recharge district, a petition shall be presented to
the department of water resources which shall set forth the object of the
organization of the district and the benefits to be provided by the district.
The  petition shall be accompanied by a map of the proposed district which
shall indicate the proposed boundaries of the district, the nature and
location of the proposed diversion works and other facilities by means of
which water is to be diverted into the recharge area, shall delineate the
underground water basin or basins to be affected by the recharge, and shall
designate the location of any streams or springs which shall be affected by
the recharge. The petition and map shall be accompanied by a statement
describing the details of the contemplated diversion works and facilities and
an estimate of the cost of constructing such works and facilities, which
statement and estimates shall be certified to by an engineer licensed by the
state of Idaho.
    The petition shall be signed by no less than fifty (50) percent of the
water users located within the proposed boundaries of the district. For
purposes of this act, "water users" shall include the following:
    (1)  Individuals, or entities, exclusive of privately owned electrical
generating companies, who are the holders of title or evidence of title to
property, but without the boundaries of a municipality, who are the current
holders of a right, acquired in accordance with the provisions of chapter 2,
title 42, Idaho Code, to appropriate water in an amount equal to or in excess
of one (1) cubic foot per second, and who divert water from underground basins
within the area of recharge by means of a well or wells, or who divert water
from springs or other water courses emerging from such underground basins, or
both.
    (2)  Municipalities which obtain water from underground basins in the area
of recharge. A municipality may elect to be included within the proposed
district by a majority vote of the members of its city council. The mayor of
any municipality so electing may sign the petition on behalf of the
municipality, and such municipality shall constitute one water user for
purposes of securing the minimum number of signatures required for the
petition.