2005 Idaho Code - 42-5244 — PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN SUBJECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5244.  PROHIBITION AGAINST PARTICIPATION IN MITIGATION PLAN WHEN
SUBJECT TO DELINQUENT ASSESSMENT OR FOR NONPAYMENT OF OTHER MITIGATION COSTS.
A ground water user who is delinquent in the payment of any assessment against
his water use under this chapter, or who has failed to pay other mitigation
costs owed to the district when due, is prohibited from being a participant in
any mitigation plan until such delinquent assessment, or other past due amount
owed for mitigation costs, is paid in full. The district shall provide the
director a report of such delinquent assessments, or other past due mitigation
costs, at the first of each month for purposes of enforcement. Prior to
undertaking enforcement, the director may require from the district an
accounting of the basis for the assessment and other mitigation costs and the
apportionment of those assessments and costs among district members and
nonmember participants.  The district shall inform the director immediately
upon the payment of any such delinquent assessment, or other past due
mitigation costs. This section shall be enforced by the watermaster within
water districts established under chapter 6 of this title, and by the director
pursuant to sections 42-351 and 42-1701B, Idaho Code, in areas outside of such
water district.