2005 Idaho Code - 42-1003 — SERVICE OF NOTICE OF HEARING -- DEPOSITIONS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 10
                              FIXING WATER RATES
    42-1003.  SERVICE OF NOTICE OF HEARING -- DEPOSITIONS. At the time so
fixed all persons interested as aforesaid, on either side of the controversy,
in lands which may be irrigated by such ditch or other water-works aforesaid,
may appear by themselves or by their agents or attorneys, and said
commissioners shall then proceed to take action in the matter of fixing such
rates of compensation for the delivery of water: provided, the applicant or
applicants, if the application be made by a party or parties as aforesaid
desirous of procuring water, shall, within ten (10) days from the time of
entering the said order fixing the hearing, cause a copy of such order, duly
certified, to be delivered to the owner or owners of such ditch, canal or
conduit or to the president, secretary, or agent of the company, if it be
owned by a corporation or association having such officers; if any such owner
cannot be found, a copy shall be left at the usual place of business of the
company of which he is such officer, or at his residence if such company have
[has] no place of business. And if such ditch or water-works aforesaid shall
be owned by several owners, not being an incorporated company, it shall be
sufficient to serve such notice by delivering a copy to a majority of them. If
the applicant be the owner or party controlling such ditch, canal or conduit,
such notice shall be given by causing printed copies of such order in handbill
form, in conspicuous type, to be posted securely in ten (10) or more places
throughout the county and section watered by such ditch or other water-works
aforesaid, if the water be used for irrigation. The person or persons making
such services or posting such printed copies shall make affidavit of the
manner in which the same has been done, which affidavit shall be filed with
the board of county commissioners. Depositions mentioned in the preceding
section to be used before said commissioners shall be taken by any officer in
the state authorized by law to take depositions, upon reasonable notice being
given to the opposite party of the time and place of taking the same.