2005 Idaho Code - 22-2719 — CREATION OF SOIL CONSERVATION DISTRICTS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 27
                         SOIL CONSERVATION DISTRICTS
    22-2719.  CREATION OF SOIL CONSERVATION DISTRICTS. A. Any twenty-five (25)
owners of land lying within the limits of the territory proposed to be
organized into a district may file a petition with the state soil conservation
commission asking that a soil conservation district be organized to function
in the territory described in the petition. Such petition shall set forth:
    (1)  The proposed name of said district;
    (2)  That there is need, in the interest of the public health, safety, and
    welfare, for a soil conservation district to function in the territory
    described in the petition;
    (3)  A description of the territory proposed to be organized as a
    district, which description shall not be required to be given by metes and
    bounds or by legal subdivisions, but shall be deemed sufficient if
    generally accurate;
    (4)  A request that the state soil conservation commission duly define the
    boundaries for such district; that a referendum be held within the
    territory so defined on the question of the creation of a soil
    conservation district in such territory; and that the commission determine
    that such a district be created.
Where more than one (1) petition is filed covering parts of the same
territory, the state soil conservation commission may consolidate all of any
such petitions.
    B.  Within thirty (30) days after such petition has been filed with the
state soil conservation commission, it shall cause due notice to be given of a
proposed hearing upon the question of the desirability and necessity, in the
interest of the public health, safety, and welfare, of the creation of such
district, upon the question of the appropriate boundaries to be assigned to
such district, upon the propriety of the petition and other proceedings taken
under this chapter, and upon all questions relevant to such inquiries. All
owners of land within the limits of the territory described in the petition,
and of lands within any territory considered for addition to such described
territory, and all other interested parties, shall have the right to attend
such hearings and to be heard. If it shall appear upon the hearing that it may
be desirable to include within the proposed district territory outside of the
area within which due notice of the hearing has been given the hearing shall
be adjourned and the due notice of further hearing shall be given throughout
the entire area considered for inclusion in the district, and such further
hearing held. After such hearing, if the commission shall determine upon the
facts presented at such hearing and upon such other relevant facts and
information as may be available, that there is need in the interest of the
public health, safety and welfare, for a soil conservation district to
function in the territory considered at the hearing, it shall make and record
such determination, and shall define by metes and bounds or by legal
subdivisions, the boundaries of such district. In making such determination
and in defining such boundaries, the commission shall give due weight and
consideration to the topography of the area considered and of the state, the
composition of soils therein, the distribution of erosion, the prevailing land
use practices, the desirability and necessity of including within the
boundaries the particular lands under consideration and the benefits such
lands may receive from being included within such boundaries, the relation of
the proposed area to the existing watersheds and agricultural regions, and to
other soil conservation districts already organized or proposed for
organization under the provisions of this chapter, and such other physical,
geographical, and economic factors as are relevant, having due regard to the
legislature determinations set forth in section 22-2716, Idaho Code. The
territory to be included within such boundaries need not be contiguous. If the
commission shall determine after such hearing, after due consideration of the
said relevant facts, that there is no need for a soil conservation district to
function in the territory considered at the hearing, it shall make and record
such determination and shall deny the petition. After six (6) months shall
have expired from the date of the denial of such petition, subsequent
petitions covering the same or substantially the same territory may be filed
as aforesaid and new hearings held and determinations made thereon.
    C.  After the commission has made and recorded a determination that there
is need, in the interest of the public health, safety, and welfare, for the
organization of a district in a particular territory and has defined the
boundaries thereof, it shall consider the question whether the operation of a
district within such boundaries with the powers conferred upon soil
conservation districts in this chapter is administratively practicable and
feasible. To assist the commission in the determination of such administrative
practicability and feasibility, it shall be the duty of the commission, at the
next election held after entry of the finding that there is need for the
organization of the proposed district and the determination of the boundaries
thereof, to hold a referendum, subject to the provisions of section 34-106,
Idaho Code, within the proposed district upon the proposition of the creation
of the district, and to cause notice of such election to be given as provided
in section 34-1406, Idaho Code. The question shall be submitted by ballots
upon which the words "For creation of a soil conservation district of the
lands below described and lying in the county(ies) of .... and ...." and
"Against creation of a soil conservation district of the lands below described
and lying in the county(ies) of .... and ...." shall appear, with a square
before each proposition and a direction to insert an X mark in the square
before one or the other of said propositions as the voter may favor or oppose
creation of such district. The ballot shall set forth the boundaries of such
proposed district as determined by the commission. All qualified electors who
own lands or reside within the proposed district shall be eligible to vote in
said referendum.
    D.  The commission shall pay all expenses for the issuance of such notice
and the conduct of such hearings and election, and shall supervise the conduct
of such hearings and election. It shall issue appropriate regulations
governing the conduct of such hearings and election. No informalities in the
conduct of the election or in any matter relating thereto shall invalidate the
election or the result thereof if notice thereof shall have been given
substantially as herein provided and the election shall have been fairly
conducted.
    E.  The commission shall publish the result of the election and shall
thereafter consider and determine whether the operation of the district within
the defined boundaries is administratively practicable and feasible. If the
commission shall determine that the operation of such district is not
administratively practicable and feasible, it shall record such determination
and deny the petition. If the commission shall determine that the operation of
such district is administratively practicable and feasible, it shall record
such determination and shall proceed with the organization of the district in
the manner hereinafter provided. In making such determination the commission
shall give due regard and weight to the attitudes of the owners of lands lying
within the defined boundaries, the number of landowners and qualified electors
eligible to vote in the election who shall have voted, the proportion of the
votes cast in the election in favor  of the creation of the district to the
total number of votes cast, the approximate wealth and income of the
landowners of the proposed district, the probable expense of carrying on
erosion control and other conservation operations within such district, and
such other economic and social factors as may be relevant to such
determination, having due regard to the legislative determination set forth in
section 22-2716, Idaho Code; provided, however, that the commission shall not
have authority to determine that the operation of the proposed district within
the defined boundaries is administratively practicable and feasible unless at
least a majority of the votes cast in the election upon the proposition of
creation of the district shall have been cast in favor of the creation of such
district.
    F.  If the commission shall determine that the operation of the proposed
district within the defined boundaries is administratively practicable and
feasible, it shall appoint two (2) supervisors to act, with the three (3)
supervisors elected as provided hereinafter, as the governing body of the
district. Such district shall be a governmental subdivision of this state and
a public body corporate and politic, upon the taking of the following
proceedings:
    The two (2) appointed supervisors shall present to the secretary of state
an application signed by them which shall set forth (and such application need
contain no detail other than the mere recitals): (1) that a petition for the
creation of the district was filed with the state conservation commission
pursuant to the provisions of this chapter, and that the proceedings specified
in this chapter were taken pursuant to such petition; that the application is
being filed in order to complete the organization of the district as a
governmental subdivision and a public body, corporate and politic, under this
chapter; and that the commission has appointed them as supervisors; (2) the
name and official residence of each of the supervisors, together with a
certified copy of the appointments evidencing their right to office; (3) the
term of office of each of the supervisors; (4) the name which is proposed for
the district; and (5) the location of the principal office of the supervisors
of the district. The application shall be subscribed and sworn to by each of
the said supervisors before an officer authorized by the laws of this state to
take and certify oaths, who shall certify upon the application that he
personally knows the supervisors and knows them to be the officers as affirmed
in the application, and that each has subscribed thereto in the officer's
presence.
    The application shall be accompanied by a statement by the state soil
conservation commission, which shall certify (and such statement need contain
no detail other than the mere recitals) that a petition was filed, notice
issued, and hearing held as aforesaid; that the commission did duly determine
that there is need, in the interest of the public health, safety and welfare,
for a soil conservation district to function in the proposed territory and did
define the boundaries thereof; that notice was given and an election held on
the question of the creation of such district, and that the result of the
election showed a sixty per cent (60%) majority of the votes cast in the
election to be in favor of the creation of the district; that thereafter the
commission did duly determine that the operation of the proposed district is
administratively practicable and feasible. The said statement shall set forth
the boundaries of the district as they have been defined by the commission.
    The secretary of state shall examine the application and statement and, if
he finds that the name proposed for the district is not identical with that of
any other soil conservation district of this state or so nearly similar as to
lead to confusion or uncertainty, he shall receive and file them and shall
record them in an appropriate book of record in his office.
    If the secretary of state shall find that the name proposed for the
district is identical with that of any other soil conservation district of
this state, or so nearly similar as to lead to confusion and uncertainty, he
shall certify such fact to the state soil conservation commission which shall
thereupon submit to the secretary of state a new name for the said district,
which shall not be subject to such defects. Upon receipt of such new name free
of such defects, the secretary of state shall record the application and
statement with the name so modified, in an appropriate book of record in his
office. When the application and statement have been made, filed, and
recorded, as herein provided, the district shall constitute a governmental
subdivision of this state and a public body corporate and politic. The
secretary of state shall make and issue to the said supervisors a certificate
under the seal of the state, of the due organization of the said district, and
shall record such certificate with the application and statement. The
boundaries of such district shall include the territory as determined by the
state soil conservation commission as aforesaid, but in no event shall they
include any area included within the boundaries of another soil conservation
district organized under the provisions of this act except as provided in
section 22-2720, Idaho Code.
    G.  After six (6) months shall have expired from the date of entry of a
determination by the state soil conservation commission that operation of a
proposed district is not administratively practicable and feasible, and denial
of a petition pursuant to such determination, subsequent petitions may be
filed as aforesaid, and action taken thereon in accordance with the provisions
of this chapter.
    H.  Petitions for including additional territory within an existing
district may be filed with the state soil conservation commission and the
proceedings herein provided for in the case of petitions to organize a
district shall be observed in the case of petitions for such inclusion. The
commission shall prescribe the form for such petitions, which shall be as
nearly as may be in the form prescribed in this chapter for petitions to
organize a district. Where the total number of landowners in the area proposed
for inclusion shall be less than twenty-five (25), the petition may be filed
when signed by a two-thirds (2/3) majority of the owners of such area, and in
such case no election need be held. In elections upon petitions for such
inclusion, all owners of land and qualified electors lying within the proposed
additional area shall be eligible to vote.
    I.  Incorporated cities, not already included within a district, may be
included by presentation of a request of the district approved by the
governing body along with a request of the city approved by the mayor and
council, to the state soil conservation commission. The commission shall
consider and act on such joint request at the earliest convenience. If the
joint request is denied, the commission shall so notify the district and city
in writing and state the reasons for such denial. After six (6) months shall
have expired from the date of denial of such joint request, a subsequent joint
request may again be made. If the joint request is approved, the commission
shall then cause the necessary papers to be filed with the secretary of state.
This shall include an amended legal description of the boundaries of the total
district.