2005 Idaho Code - 42-608 — WATERMASTER\'S TERM OF SERVICE

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 6
                            DISTRIBUTION OF WATER
                             AMONG APPROPRIATORS
    42-608.  WATERMASTER'S TERM OF SERVICE. (1) A watermaster shall not begin
work until called upon by one (1) or more owners or managers of ditches or
persons controlling ditches or other diversion facilities, in the district, by
application in writing to the department of water resources, stating that
there is a necessity for the use and control of the waters of such district.
    (2)  In the absence of application or in water districts in which there
are five (5) or fewer adjudicated water rights, the watermaster may be called
upon to assume the watermaster's duties at any time the department of water
resources finds that there is a necessity for the use and control of the
waters of the district.
    (3)  The watermaster shall not continue performing services after the
necessity therefor shall cease, which shall be determined by the department of
water resources, and which shall not be after the first of November of each
year, unless determined necessary by the director of the department of water
resources or is otherwise provided by a resolution adopted at the annual water
users' meeting for said water district.
    (4)  At any annual meeting the water users may, by resolution, provide
that the watermaster shall serve throughout the year. The department of water
resources, upon receipt of a certified copy of the minutes of said meeting
containing such resolution and upon the receipt of the oath of said
watermaster, as provided for in section 42-605, Idaho Code, shall immediately
issue a certificate of appointment ordering said watermaster to assume the
watermaster's duties at once and continue the same throughout the year as
provided for in said resolution.
    (5)  The director of the department of water resources, upon receipt of a
petition requesting an extension of the watermaster's term of service in any
year from the holder of a water right authorizing the diversion or storage of
water during the time period for which the extension is sought and upon a
determination of necessity therefor shall extend the watermaster's term of
service for the period of time determined necessary by the director in any
year. Payment for watermaster services during the extended term of service
ordered by the director shall be the responsibility of the holders of water
rights delivered by the watermaster during the extended term of service. For
the purpose of determining voting rights at a water district meeting, amounts
paid for watermaster services pursuant to this subsection shall be included
in the calculation of annual assessment amounts and assessment rates under
sections 42-605 and 42-605A, Idaho Code.