42-4204 — BOARD OF DIRECTORS -- COMPOSITION -- APPOINTMENT OF FIRST BOARD -- ELECTION OF SUBSEQUENT BOARDS


                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4204.  BOARD OF DIRECTORS -- COMPOSITION -- APPOINTMENT OF FIRST BOARD
-- ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the aquifer
recharge district shall consist of five (5) members. Each member shall be a
water user, or representative of a water user within the district. The members
of the board shall be as follows:
    (a)  one (1) member shall be a member of a lateral ditch water user's
    association, canal company, irrigation district or similar organization;
    (b)  one (1) member shall be an owner or operator of a commercial fish
    hatchery licensed in accordance with the provisions of section 22-4602,
    Idaho Code;
    (c)  one (1) member shall be a farmer or rancher who is an appropriator of
    groundwater and whose diversion thereof is accomplished primarily through
    the operation of a well or wells;
    (d)  one (1) member shall be a member of the city council of a
    municipality within the district;
    (e)  one (1) member shall be generally representative of the interests of
    water users within the district.
    (2)  The first board of directors shall be appointed by the director of
the department of water resources. Water users within the district, or groups
thereof, may submit to the director, or the director may solicit therefrom,
the names of qualified individuals to be considered for appointment to the
board.
    (3)  The term of office of the directors shall be determined by lot so
that three (3) members shall serve for a term of two (2) years and two (2)
members shall serve for a term of one (1) year. Thereafter, members shall
serve two (2) year terms and shall be elected as hereinafter provided.
    (4)  On the first Tuesday in February  following the expiration of the
term of those members serving for one (1) year, and on the first Tuesday in
February of each year thereafter, an election shall be held in accordance with
the provisions of chapter 14, title 34, Idaho Code, at which directors to
succeed those whose terms have expired will be elected. Each director so
elected shall possess the qualifications required of all members of the board
and in addition shall possess the qualifications of the director whom he is to
succeed in office.
    In any election for director, if after the deadline for filing a
declaration of intent as a write-in candidate, it appears that only one (1)
qualified candidate has been nominated for a directors position, it shall not
be necessary for the candidate to stand for election, and the board of
trustees of the district shall declare such candidate elected as director, and
the secretary of the district shall immediately make and deliver to such
person a certificate of election.