2005 Idaho Code - 42-4203 — FORMATION OF DISTRICT -- DECLARATION BY DIRECTOR

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4203.  FORMATION OF DISTRICT -- DECLARATION BY DIRECTOR. After receipt
of the petition, map and statement, the director shall review and examine the
same and may require the submission of such additional or revised data
concerning the boundaries of the proposed district, the location and nature of
the diversion works and facilities to be constructed, the costs of
construction or any other matter relevant to the formation of the district as
he may deem necessary. The director shall conduct a hearing on the petition
and supporting documents. Notice of the time and place of the hearing shall be
published by the director in a newspaper or newspapers published in each of
the counties or a newspaper of general circulation therein at least three (3)
weeks before the date of the hearing.
    Within ninety (90) days after the hearing has been concluded, the director
after due consideration of all relevant data and testimony, shall determine
whether the proposed district will provide the benefits described, whether the
boundaries proposed are proper with respect to the benefits to be provided,
and whether  the formation of the district will serve the interests of the
water users proposed to be benefited. On the basis of his determination, the
director shall enter an order either establishing the aquifer recharge
district and defining the boundaries thereof to reflect the area to be
benefited, or denying the formation of the district. If the director orders
formation of the district, he shall cause copies of the order, duly certified,
to be filed with the secretary of state and board of county commissioners,
county recorder, county assessor and county treasurer of each county in which
any part of the district is situated.