2005 Idaho Code - 42-1004 — CONDUCT OF HEARING -- ORDER -- APPEAL

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 10
                              FIXING WATER RATES
    42-1004.  CONDUCT OF HEARING -- ORDER -- APPEAL. Said board of
commissioners may adjourn or postpone any hearing from time to time as may be
found necessary; but when in session they shall hear and examine all legal
testimony or proofs offered by any party interested as aforesaid, as well as
concerning the original cost and present value of the works and structure of
such ditch, canal or conduit, as well as the cost and expense of maintaining
and operating the same, and all matters which may affect the establishment of
reasonable maximum rates for water to be furnished and delivered therefrom,
and they may issue subpoenas for witnesses, which subpoenas shall be served in
the same manner in which subpoenas are served in civil cases; and said board
may also issue subpoenas for the production of all books and papers required
before them. The district court of the proper county, or the judge thereof in
vacation, may, in case of refusal to obey the subpoenas of the board of county
commissioners, compel obedience thereto, or punish for refusal to obey after
hearing as in cases of attachment for contempt of such district court. Upon
hearing and considering all the evidence and facts and matters involved in the
case, said board of county commissioners shall enter an order describing the
ditch, canal or conduit, or other water-works in question, with sufficient
certainty, and fixing a just and reasonable maximum rate of compensation for
water thereafter delivered from such ditch or other water-works as last
aforesaid, within the county in which such commissioners act; and such rate
shall not be changed within one (1) year from the time when such rate shall be
so fixed: provided, that an appeal may be taken to the district court from any
act, order or proceeding of the board by any person or corporation aggrieved
thereby, as in other cases under the general statute of the state of Idaho,
governing appeals from an order or proceeding of the board of county
commissioners.