US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4228.  EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS. Any water user
excluded from the district on the grounds specified in section 42-4225(1),
Idaho Code, shall not be subject to assessment by the district for any
purpose. Any water user excluded from the district on the grounds specified in
section 42-4225(2), Idaho Code, shall not be subject to assessment for
maintenance and operation of the works and facilities of the district or for
assessment expenses after the entry of the order of exclusion, or in case of
appeal, the effective date of exclusion, but shall remain subject to the
following liabilities until discharged:
    (1)  Such excluded water user shall remain liable for payment of
assessments previously levied and unpaid at the time of the entry of the order
of exclusion, or in case of appeal, the effective date of exclusion;
    (2)  Such excluded water user, notwithstanding his exclusion, shall remain
liable to pay his proportionate share, such share to be computed as specified
in section 42-4215, Idaho Code, of any indebtedness of the district already
incurred and outstanding at the time of the entry of the order of exclusion,
or in case of appeal, the effective date of exclusion, but such water user
shall not be liable upon any indebtedness incurred thereafter.
    Any water user, as defined in section 42-4202(1), Idaho Code, who, after
exclusion, remains subject to either or both of the liabilities specified
herein shall, in addition, remain subject to the provisions of sections
42-4218, 42-4219, 42-4220 and 42-4221, Idaho Code, until such liabilities have
been discharged. Any municipal water user, as defined in section 42-4202(2),
Idaho Code, who, after exclusion, remains subject to either or both of the
liabilities specified herein, shall, in addition, remain subject to the
provisions of section 42-4222, Idaho Code, until such liabilities have been
discharged.
    Upon the discharge of any liability, the district shall issue to the water
user its certificate of full payment executed by the chairman of the board and
the secretary of the district, and acknowledged so that the certificate may be
recorded in the records of the county wherein the property of the water user
affected by such liability and the discharge thereof is situate.