43-335 — LEASING OF WATER RIGHTS BY IRRIGATION DISTRICT WITHIN THE DISTRICT BY DISTRICT'S WHERE LANDOWNER CAN RECEIVE WATER THROUGH THE DISTRICT'S IRRIGATION SYSTEM
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TITLE 43
IRRIGATION DISTRICTS
CHAPTER 3
POWERS AND DUTIES OF
BOARD OF DIRECTORS
43-335. LEASING OF WATER RIGHTS BY IRRIGATION DISTRICT WITHIN THE
DISTRICT BY DISTRICT'S WHERE LANDOWNER CAN RECEIVE WATER THROUGH THE
DISTRICT'S IRRIGATION SYSTEM. Any irrigation district which has within its
boundaries residential, commercial or industrial lands, or any combination of
those lands, and which holds water rights for those lands, shall have the
right to lease, to any municipality, municipal provider, public utility,
domestic water users organization which furnishes water service to those
lands, or to any other entity for the distribution of water to those lands for
uses other than culinary purposes, those water rights which are held for any
residential, commercial or industrial lands for which the owner has elected
not to receive his proportionate share of the irrigation district's water
through the irrigation system of the district; provided, however, that no
water right under which water is delivered through a community ditch shall be
leased without the written consent of the ditch users who do not elect not to
receive water from the district. For purposes of this chapter, the terms
"municipality" and ["]municipal provider" shall be defined as provided in
section 42-202B, Idaho Code; "culinary purposes" shall mean the use of water
for direct human consumption, cooking, sanitary purposes, and other such uses.
Nothing in this chapter shall be construed as amending or affecting the laws
of Idaho pertaining to the control and regulation of public utilities,
municipal providers or water corporations.