US Laws, Codes, Statutes & Cases

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 1
                           ORGANIZATION OF DISTRICT
    43-118.  DISTRICTS INCLUDING LANDS UNDER EXISTING CANALS -- DECREE OF
CONFIRMATION -- RIGHTS OF LANDOWNERS -- POWERS OF DISTRICTS. Where the
petition or petitions for the organization of any irrigation district now or
hereafter organized under the laws of the state of Idaho, includes lands lying
under any existing irrigation canal or canals, and entitled to receive water
therefrom for irrigation purposes, and such petition or petitions recite that
it is proposed to construct or purchase or acquire an interest in any
reservoir, or reservoirs constructed, or to be constructed by or in
cooperation with the United States or under contract with the United States,
the decree of the district court confirming the organization of such
irrigation district shall recite such provision of said petition, or
petitions, and the landowners of said district who by reason of stock
ownership (in the canal company or companies owning or operating any of such
existing canal), or otherwise, own or are entitled to the use of canal
capacity or a proportionate interest in any such canal, shall be entitled to
have delivered into such canal for the use and benefit of such landowners
their proportionate share of the district's share of the stored water from
such reservoir in the proportion that their lands are assessed for such
reservoir, in such amounts, or at such rate of delivery as may be needed by
the landowners not in excess of the amount which can be safely carried through
such landowners' proportionate share of such canal, whenever such canal is not
being utilized to its full capacity in carrying the natural flow or other
water owned or controlled by the canal company operating said canal and the
board of directors of such district shall have power to provide by contract
for the carriage and distribution of the stored water from such reservoir to
the landowners of the district through such existing canals, but such district
shall be without power to purchase or condemn or otherwise acquire, or to
operate or control any such canal, unless such petition for the organization
of such district shall also recite the purpose to acquire such canal or
canals.