2005 Idaho Code - 42-2805 — DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES -- EXAMINATION AND REPORT ON PRACTICABILITY OF PLAN -- CALLING OF ELECTION -- PROCEDURE UPON APPROVAL OF BOND ISSUE -- APPEAL

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 28
                       COUNTY IRRIGATION, DRAINAGE, AND
                             RECLAMATION PROJECTS
    42-2805.  DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES -- EXAMINATION AND
REPORT ON PRACTICABILITY OF PLAN -- CALLING OF ELECTION -- PROCEDURE UPON
APPROVAL OF BOND ISSUE -- APPEAL. Upon the filing of the petition, and the
making of the cash deposit, as herein provided, the board of county
commissioners shall within thirty (30) days thereafter file a copy of said
petition with the director of the department of water resources of the state
of Idaho, and request him to examine into and report to said board, all
matters necessary and essential to disclose the practicability, necessity or
advisability of the construction of the proposed works or improvement, or the
proposed contract for the use or benefit of the works constructed, and
thereupon said director of the department of water resources shall, without
delay, proceed and examine all matters named and referred to in said petition
and make such survey of the territory likely to be affected by the proposed
improvement as will enable him to fully determine whether the same is
necessary or practicable, and report accordingly, and if some other or
different plan than that described in the petition is found practicable, said
director of the department of water resources shall so report giving such
details and information as will be necessary to fully inform the board of
county commissioners on all matters pertaining to the practicability or
feasibility of the proposed plan, either as outlined in said petition, or
according to some other or different plan that may be designated and
recommended by said director of the department of water resources, but it
shall be his duty to outline and designate all changes, whether by extension,
enlargement, additions, or otherwise, that may be necessary to make the plan
of the proposed improvement practicable and feasible, showing the probable
size, character and cost of such proposed work, and if he finds the
improvement petitioned for is feasible, he shall include in his report a map
of the proposed improvement and also give the description of the tracts of
land which he deems would be benefited thereby, and the probable area that is
likely to be irrigated or drained or provided with a supplemental water
supply, or otherwise affected by the proposed improvement, and such other
information as the board may request. The director of the department of water
resources is authorized to employ such assistance as the character of the work
requested of him may require, but before incurring any expense he shall file
with the county commissioners an estimate of the amount of money required to
perform such work and upon the approval by the county commissioners of such
estimate, said amount shall be required to be deposited with the county
treasurer as other deposits are herein required, the same to be used in paying
the expense incurred by said director of the department of water resources in
the performance of said work. Upon the filing of the report of the director of
the department of water resources as herein provided, and upon receipt of
notice of approval of the project by the director of the department of water
resources said board shall within ten (10) days proceed in like manner as
provided by law for the procedure of the board of county commissioners in
calling and conducting other county bond elections, and in like manner as
provided in the laws governing county bond elections for other purposes, shall
canvass the returns of said election, and if two-thirds (2/3) of the qualified
electors, as in this chapter provided, voting at such election shall be found
to have voted in favor of authorizing such indebtedness or bond issue, then
the board of county commissioners shall make and file for record in the office
of the county recorder an order establishing such county irrigation or
drainage project; shall proceed to apportion and assess the benefits of such
proposed irrigation or drainage works or such proposed contract, to the lands
to be benefited thereby and in making such apportionment of benefits shall
proceed in like manner as provided by law for the proceedings of the directors
of irrigation districts in apportioning benefits in irrigation districts, and
in like manner as in the case of similar proceedings in irrigation districts
shall file a petition in the district court for the confirmation of the
apportionment of benefits, and the validity of the bond issue or contract, and
the proceedings in connection with the holding of the election, and the
apportionment of benefits; whereupon the district court shall proceed to set
such petition for hearing and to hear the evidence in connection therewith and
to decide the same in like manner and with like effect as provided by statute
in the case of similar proceedings in irrigation districts. The said petition
and decree may be either for the confirmation of all of said proceedings in
one (1) decree or there may be separate and successive petitions and decrees
for confirmation of any part of said proceedings and if the court finds the
apportionment as made by the board of county commissioners to be equitable and
just the court shall confirm the same and if the court finds the said
apportionment or any part thereof to be inequitable or unjust the court shall
itself make an equitable and just apportionment and file a decree confirming
the same. An appeal may be taken from such decision of the district court to
the Supreme Court either by the board of county commissioners or any of
protesting landowners who have appeared in said proceedings in the district
court in like manner as in similar cases in irrigation districts. The said
decree of the district court may not be collaterally attacked, and if not set
aside or modified by the Supreme Court, shall be final and conclusive as to
the validity of the bond issue and the apportionment of benefits so confirmed,
and the regularity and validity of all proceedings in connection with or
leading up to the same.