2005 Idaho Code - 42-5214 — GROUND WATER USERS INCLUDED WITHIN THE DISTRICT -- NOTICE AND HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER -- APPEAL AND CONCLUSIVENESS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5214.  GROUND WATER USERS INCLUDED WITHIN THE DISTRICT -- NOTICE AND
HEARING FOR MEMBERS INCLUDED IN DISTRICT AFTER MARCH 31, 2005 -- ORDER --
APPEAL AND CONCLUSIVENESS. (1) All ground water irrigators within the
boundaries of the district shall be members of the district and subject to
assessments, rights and responsibilities established by the district as set
forth in this chapter, notwithstanding any change in the ownership or control
of the property of the water user, whether by way of transfer, exchange,
conveyance, assignment, lease, or otherwise, to which the water right or
rights used to determine assessments are appurtenant, unless excluded from the
district pursuant to sections 42-5251 through 42-5257, Idaho Code. Except as
provided in section 42-5276, Idaho Code, any ground water irrigator who
previously was not a member as of March 31, 2005, shall be included as a
member effective upon order of the board finding and confirming that inclusion
of such ground water irrigator is in the best interests of the district and
that such ground water irrigator shall receive benefits from such inclusion as
a member. Such order may be made only after the board shall have caused a
notice of such hearing to be published in the manner of notices of elections,
which notice shall state that all persons interested in or that may be
affected by such inclusion as a member shall appear at the time and place
named in the notice and show cause in writing why they should not be included
as a member. The board, at the time mentioned in said notice shall hear any
objections to inclusion. The failure of any person to file with the district
office an objection to inclusion as a member prior to the noticed hearing
shall be taken as an assent on his part to such inclusion as a member of the
district. Any order confirming the inclusion of ground water irrigators as
members of the district shall be certified by the board president and
secretary and filed for record in the recorder's office of each county within
which are situated any lands of the district and notice of the order shall be
published in the manner of notices of elections. Any person who properly has
filed an objection to inclusion as a member shall have the right to appeal to
the district court of the county in which such person's ground water right is
situated, provided such appeal shall be made within thirty (30)  days from the
date of publication of the order confirming such inclusion. After said thirty
(30) day appeal period, no one shall have any cause or right of action to
contest the legality, formality or regularity of said order of inclusion for
any reason whatsoever, and thereafter, said inclusion and the constitution and
validity of the district shall be considered valid and incontestable without
limitation. Any ground water irrigator who previously was not a member of the
district as of March 31, 2005, that is included as a member upon order of the
board shall be liable for his proportionate share of all costs of the district
incurred after such date, including his proportionate share of all bonded,
warrant or other indebtedness incurred prior to March 31, 2005, but only the
proportionate share of such prior indebtedness applicable to the period after
March 31, 2005.
    (2)  All nonirrigators within the boundaries of the district who voted
according to notice as provided in section 42-5210(3), Idaho Code, are members
of the district as specified in such notice.
    (3)  A nonirrigator also may become a member of a district by providing,
within sixty (60) days after the date on which the district is formed, written
notice to the district board that the nonirrigator wishes to join the district
either as a member for all purposes or as a member for mitigation purposes
only. Upon providing such notice, the nonirrigator shall be either a member
for all purposes or a member for mitigation purposes only, as specified in the
notice, and shall be subject to assessment accordingly as provided in this
chapter.  After such sixty (60) day period, a nonirrigator may become a member
of a district only through the annexation procedure described in sections
42-5245 through 42-5249, Idaho Code.
    (4)  Except as provided for nonirrigators as defined in subsection (11) of
section 42-5201, Idaho Code, any person whose permit, license, or other
entitlement to appropriate ground water was acquired after the formation of
the district, or who appropriates ground water for uses not requiring a permit
after the formation of the district, but qualifies as a ground water user
under subsection (8) of section 42-5201, Idaho Code, within the area of the
district in all other respects, shall be deemed included within and subject to
assessment by the district, if benefitted either directly or indirectly by the
district as of the date the permit, license, or entitlement is acquired.