42-5102 — GROUND WATER MANAGEMENT DISTRICT FORMATION


                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 51
                      GROUND WATER MANAGEMENT DISTRICTS
    42-5102.  GROUND WATER MANAGEMENT DISTRICT FORMATION. For purposes of
formation of a ground water management 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, which shall include
territory only within the boundaries of a critical ground water area or ground
water management area designated by the director of the department of water
resources.
    The petition shall be signed by no less than fifty percent (50%), measured
by the quantities of their various water rights, of the water users located
within the proposed boundaries of the district. For purposes of this chapter,
"water users" shall include the following:
    (1)  Individuals, or entities, who are the current holders of a right,
acquired in accordance with the provisions of chapter 2, title 42, Idaho Code,
or chapter 14, title 42, Idaho Code, to appropriate water and to divert water
from the aquifer by means of a well or wells, or who divert water from springs
or other water courses emerging from such aquifer, or both.
    (2)  Cities which obtain water from the aquifer. A city may elect to be
included within the proposed district by a majority vote of the members of its
city council. The mayor of any city so electing may sign the petition on
behalf of the city, and such city shall constitute one (1) water user for
purposes of securing the minimum number of signatures required for the
petition.
    (3)  Federal, state, or county government agencies which obtain water from
the aquifer.