2005 Idaho Code - 42-4225 — EXCLUSION FROM THE DISTRICT -- PROCEDURE -- GROUNDS FOR EXCLUSION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 42
                            GROUND WATER RECHARGE
    42-4225.  EXCLUSION FROM THE DISTRICT -- PROCEDURE -- GROUNDS FOR
EXCLUSION. After the formation of the district, any water user included within
the district may file with the board of directors a petition in writing
praying for exclusion from the district. All water users seeking exclusion as
are united in interest or to which the same state of facts apply may unite in
the same petition. The grounds for exclusion and the time limitations for
filing any petition hereunder shall be as follows:
    (1)  The water user will not be benefited by the functioning of the
district. A petition alleging this ground for exclusion must be filed within
ninety (90) days after the formal appointment of the first board of directors
by the department of water resources. Any such petition filed after the ninety
(90) day period has elapsed shall not be accepted or considered.
    (2)  The water user has not benefited by the functioning of the district.
A petition alleging this ground for exclusion shall be filed no earlier than
five (5) years after the declaration of the formation of the district by the
director of the department of water resources.
    A petition alleging either of the foregoing grounds for exclusion shall be
acknowledged by all the petitioners and shall state in detail the reasons why
it is claimed that the petitioners should be excluded from the district.
    Immediately after their formal appointment, the board of directors shall
cause notice of the deadline for filing petitions under the provisions of
subsection (1) of this section and a copy of the order of formation of the
district and a map indicating the boundaries of the district to be posted in
three (3) public places in each county in which a part of the district is
situated. In addition, the board shall publish notice of the deadline and the
locations at which the order of formation and map of the district may be
inspected for at least four (4) successive weeks in a newspaper published or
having general circulation in each of the counties in which any part of the
district is situated.