US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 51
                      GROUND WATER MANAGEMENT DISTRICTS
    42-5125.  WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT. (1) All
water users, as defined in subsection (1) of section 42-5102, 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 subsection (2) of section 42-5102, Idaho Code, included
within the district shall remain upon 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 subsection (1) of section 42-5102,
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 subsection (1) of section 42-5102, 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.