2005 Idaho Code - 39-504 — PETITIONS -- ELECTIONS -- MODIFICATION -- DISSOLUTION -- AUTHORITY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 5
                         AQUIFER PROTECTION DISTRICTS
    39-504.  PETITIONS -- ELECTIONS -- MODIFICATION -- DISSOLUTION --
AUTHORITY. (1) The establishment of, or participation in, an aquifer
protection district may be initiated by the filing of a petition signed by not
fewer than fifty (50) qualified electors of any county in which an eligible
aquifer is located and who reside within the boundaries of the proposed
aquifer protection district. The petition shall be filed with the county clerk
of the county in which the signers of the petition are resident. The petition
shall designate the proposed boundaries of the aquifer protection district.
    (2)  Upon the filing of the petition, the county clerk shall promptly
examine the petition and certify whether the required number of qualified
petitioners have signed the petition. If the number of petition signers is
sufficient, the county clerk shall transmit the certified petition to the
board of county commissioners.
    (3)  Upon receipt of a duly certified petition the board of county
commissioners shall give notice of an election to be held, which election
shall be held at the same time as the primary or general election, in such
proposed district for the purpose of determining whether or not the proposed
district shall be established or whether or not the county shall participate
in a district. Such notice shall include the date and hours of the election,
the polling places, the general purposes of the proposed district, a
description of lands to be included in the proposed district, and a statement
that a map of the proposed district is available in the office of the board of
county commissioners. The notice shall be published once each week for three
(3) consecutive weeks prior to such election in a newspaper of general
circulation within the county.
    (4)  The election shall be held and conducted consistent with the
provisions of chapter 14, title 34, Idaho Code. The board of county
commissioners shall appoint three (3) judges of election, one (1) of whom
shall act as clerk for the election. At such election the electors shall vote
for or against the establishment of, or participation in, the district.
    (5)  The judges of election shall certify the returns of the election to
the board of county commissioners. If a majority of the votes cast at said
election are in favor of the establishment of, or participation in, the
district, the board of county commissioners shall declare the district
established and give it a name by which, in all proceedings, it shall
thereafter be known.
    (6)  Procedures for boundary modification or dissolution of a district
created pursuant to this section shall be in substantial compliance with the
provisions for petition and election provided in this section.
    (7)  In the event a board of county commissioners declares a district
established pursuant to the procedures prescribed by this section, the
district shall be recognized as a legally established political subdivision of
the state of Idaho. Unless otherwise limited by law, districts are authorized
to work with and across the boundaries of all political subdivisions of the
state of Idaho that are wholly or partially located within the external
boundaries of the established aquifer protection district. Providing
protection of a state-designated sensitive resource aquifer is a governmental
function.