2005 Idaho Code - 42-5234 — ELECTION FOR INDEBTEDNESS -- REFERENDUM PETITION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5234.  ELECTION FOR INDEBTEDNESS -- REFERENDUM PETITION. (1) The board
may by resolution adopted by a two-thirds (2/3) majority of the board,
determine that the interest of the district and the public interest and
necessity demand the development and operation of a mitigation plan and shall
set forth the amount of obligation or contract indebtedness proposed to be
issued by the district under the provisions of this chapter for the
development of such mitigation plan. The board shall submit the contract
indebtedness in the proposed resolution to a vote of the qualified electors of
the district as defined in section 42-5210, Idaho Code, at an election to be
held only if within fifteen (15) days after the passage of such resolution a
referendum petition signed by qualified electors of the district whose
aggregate ground water rights equal not less than ten percent (10%), measured
in cubic feet per second, of the aggregate ground water rights of all
qualified electors of the district, shall be filed with the secretary of the
district requesting that an election upon the issuance of the contract
indebtedness be held and conducted under the provisions of this section. Any
election required to be held pursuant to a referendum petition filed in
accordance with this section for the purpose of submitting any proposition or
propositions of incurring such obligation or indebtedness shall be held in
accordance with section 34-106, Idaho Code. The resolution, in addition to
such declaration of public interest or necessity, shall recite the objects and
purposes for which the indebtedness is proposed to be incurred, the estimated
cost of the mitigation plan, the amount of principal of the indebtedness to be
incurred therefor, and the sources of the revenues and assessments pledged to
the payment of the indebtedness. The separate election upon the assessments,
shall be held at the same time as and shall be combined with any such election
required to be held upon the indebtedness question pursuant to a referendum
petition.
    (2)  Any election for indebtedness required to be held hereunder shall be
called by resolution, which resolution shall also fix the date upon which such
election shall be held, the manner of holding the same and the method of
voting for or against the incurring of the indebtedness. Such resolution shall
also fix the compensation to be paid the officers of the election and shall
designate the precincts and polling places and shall appoint for each polling
place, from each precinct from the electors thereof, the officers of such
election, which officers shall consist of three (3) judges, one (1) of whom
shall act as clerk, who shall constitute a board of election for each polling
place. The description of precincts may be made by reference to any order or
orders of the county commission of the county or counties in which the
district or any part thereof is situated, or by reference to any previous
order, or resolution of the board or by detailed description of such
precincts. Precincts established by the county commissions of the various
counties may be consolidated for special elections held hereunder. In the
event any such election shall be called to be held concurrently with any other
election or shall be consolidated therewith, the resolution calling the
election hereunder need not designate precincts or polling places or the names
of officers of election, but shall contain reference to the act or order
calling such other election and fixing the precincts and polling places and
appointing election officers therefrom. The resolution calling the election
shall prescribe an official notice of election, which notice shall be
published once a week for two (2) consecutive weeks, the last publication of
which shall be at least ten (10) days prior to the date set for said election,
in a newspaper of general circulation printed and published within the
district, and no other or further notice of such election or publication of
the names of election officers or of the precincts or polling places need be
given or made.
    (3)  The respective election boards shall conduct the election in their
respective precincts in the manner prescribed by law for the holding of
district elections to the extent the same shall apply and shall make their
returns to the district secretary. At any regular or special meeting of the
board held not earlier than five (5) days following the date of such election,
the returns shall be canvassed and the results declared.
    (4)  If no referendum petition is filed, or if so filed, if it shall
appear from the returns that the qualified electors of the district
representing two-thirds (2/3) of the aggregate ground water rights of the
district, such fraction computed according to cubic feet per second, have
voted in favor of the proposition, the district thereupon shall be authorized
to incur such indebtedness or obligations, or enter into such contracts, all
for the purposes provided for in the proposition submitted in the resolution,
and in the amount so provided. Submission of the proposition of incurring such
obligation or other indebtedness at such an election shall not prevent or
prohibit submission of the same or other propositions at subsequent election
or elections called for such purpose.