US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4224.  WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT. (1) All
water users, as defined in section 42-4202(1), Idaho Code, included within the
district and who have not obtained exclusion as hereinafter provided, shall
remain within and be subject to assessment by the district, notwithstanding
the absence of their signatures on the petition for formation of the district,
and notwithstanding any change in the ownership or control of the property of
the water user, whether by way of transfer, exchange, conveyance, assignment,
lease, or otherwise, to which the water right or rights used to determine
assessments are appurtenant. Municipal water users, as defined in section
42-4202(2), Idaho Code, included within the district shall remain at their
election, within and be subject to assessment by the district unless excluded
in the manner hereinafter provided.
    (2)  Any water user, as defined in section 42-4202(1), Idaho Code, who has
obtained exclusion from the district, but who nevertheless is benefited by the
district, shall remain excluded; provided, however, that any person or entity
succeeding the water user in the ownership or control of property, whether by
way of transfer, exchange, conveyance, assignment, lease, or otherwise, to
which is appurtenant a water right that, barring the exclusion, would have
been used to determine assessments, shall be deemed included within and
subject to assessment by the district.
    (3)  Any individual or entity whose permit to appropriate water was
acquired after the formation of the district, but who qualifies as a water
user under section 42-4202(1), Idaho Code, in all other respects, shall be
deemed included within and subject to assessment by the district if benefited
either directly or indirectly by the district.