2005 Idaho Code - 42-5235 — JUDICIAL EXAMINATION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5235.  JUDICIAL EXAMINATION. (1) Prior to the incurring of
indebtedness, the board shall file a petition in the district court of the
county in which the office of the board is located, pursuant to the provisions
of sections 43-406 through 43-408, Idaho Code, as if the district were an
irrigation district. Whenever any district which is required to file a
petition hereunder has or proposes to enter into a contract or contracts with
one (1) or more districts pursuant to law, and such other district or
districts is authorized or required to bring a confirmation proceeding or
proceedings pursuant to the provisions of section 43-406 or section 43-1808,
Idaho Code, with respect to such contracts or the levy of assessments or the
apportionment of costs, the boards of each of such other districts shall join
in the filing of such petition, and the district court in which such petition
is filed shall have jurisdiction to hear the petition and to grant the relief
prayed for therein. Each such petition shall pray for a judicial examination
and determination of any power conferred hereby or by any amendment hereto or
of any assessment levied or of any apportionment of costs or of any act,
proceeding or contract of the district or districts, whether or not said
contracts shall have been executed, including, without limitation, proposed
contracts for the reconstruction, rehabilitation, replacement and improvement
of any well and other related structures and works and appurtenances, falling
water contracts, contracts with other districts and contracts with other
public and private persons, firms, corporations and associations. Such
petition shall set forth the facts whereon the validity of such powers,
assessments, apportionments, acts, proceedings or contracts is founded. Notice
of the filing of said petition shall be given by the clerk of the court by
mailing, and by publication in at least one (1) newspaper published and of
general circulation within the boundaries of each district joining in the
petition, or if no newspaper is so published within any district, then in a
newspaper published in the same county in which any part of such district is
located which is of general circulation in such district, pursuant to and in
accordance with the requirements of section 43-407, Idaho Code, as if the
district were an irrigation district under the seal thereof, stating in brief
outline the contents of the petition and showing where a full copy of any
contract or contracts, therein mentioned, may be examined.
    (2)  Any ground water user in any district joining in the petition or any
other person interested in the contracts or proposed contracts may appear and
answer the petition at any time prior to the date fixed for the hearing or
within such further time as may be allowed by the court; and the petition
shall be taken as confessed by all persons who fail so to appear. The said
petition and notice shall be sufficient to give the court jurisdiction and,
upon hearing, the court shall examine into and determine all matters and
things affecting the question submitted, shall examine all of the proceedings
of all of the districts as set forth in the petition, shall hear all
objections either filed in the proceeding or brought up from the hearings
before any of the boards, shall correct all errors in the assessments and
apportionments of costs, shall ratify, approve and confirm all apportionments
of costs and assessments levied, shall make such findings with reference
thereto and render a judgment and decree thereon approving and confirming all
of the powers, assessments, apportionments, acts, proceedings and contracts of
each of the districts as set forth in the petition as the case warrants. Costs
may be divided or apportioned among the contesting parties in the discretion
of the trial court.  Review of the judgment of the court may be had as in
other similar cases. The Idaho rules of civil procedure shall govern in
matters of pleading and practice where not otherwise specified herein. The
court shall disregard any error, irregularity or omission which does not
affect the substantial rights of the parties. Except as provided herein, the
provisions of sections 43-406 through 43-408, Idaho Code, shall apply to the
proceeding herein authorized as though the ground water district were an
irrigation district.