2005 Idaho Code - 42-5207 — ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY COMMISSION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5207.  ORGANIZATION HEARING BEFORE COUNTY COMMISSION -- ORDER OF COUNTY
COMMISSION. (1) After receiving the report of the department of water
resources, the county commission shall conduct a hearing on the petition. If
the county commission determines that the requisite number of signatures were
not gathered on the petition, the board shall adjourn the hearings for two (2)
weeks for the purpose of enabling the petitioners to gather additional
signatures. The petitioners may amend the boundaries of the proposed district
at the hearing to include or exclude lands of those ground water irrigators
who provide written notice or who appear at the hearing requesting that their
lands be either included or excluded, to meet the recommendations of the
department, or as they may find advisable to achieve suitable district
boundaries. The county commission shall accept any additional nominations of
persons to be directors at the hearing or the nominations may be filed with
the county clerk.  The nominations must be signed by at least six (6) ground
water users from the proposed district.
    (2)  When the county commission has determined to proceed with the
petition, it may adjourn the hearing from time to time, not exceeding four (4)
weeks in all, and on final hearing, the county commission:
    (a)  May make such other changes in the proposed boundaries of the
    district and divisions within the district as it may find proper; and
    (b)  Shall make an order on its records describing the area which it shall
    have determined to include in the district, and stating that lands of
    ground water users within such area will be organized into a ground water
    district if the vote of the electors accepts organization of the district.
    (3)  The county commission shall notify the department of the final action
by mailing or faxing a copy of the order to the department within seven (7)
days of the board's decision. If the boundaries of the proposed ground water
district differ from the boundaries contained in the department's original
report, the department shall prepare a revised list of the ground water users
within such proposed district by name, address, ground water right number,
point of diversion, and cubic feet per second per ground water right and
return it to the county commission.