2005 Idaho Code - 42-5253 — ORDER OF EXCLUSION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5253.  ORDER OF EXCLUSION. (1) In the event the district's board of
directors grants a petition for exclusion, the board shall, by resolution,
make an order forthwith excluding the lands described in the petition either
for all purposes or for only those purposes not related to mitigation. No
hearing is required prior to granting a petition for exclusion.
    (2)  At a minimum, the order of exclusion shall specify that:
    (a)  Lands excluded for all purposes shall not be a part of or be entitled
    to receive any benefits from the district;
    (b)  Lands excluded only for purposes not related to mitigation, shall
    continue to be part of the district for mitigation purposes only and shall
    be assessed for these purposes as provided under this chapter;
    (c)  Any excluded lands are subject to the requirements of section
    42-5257, Idaho Code.
    (d)  When the petition is filed on or before December 1 in any calendar
    year, any assessment, other than those specified in section 42-5257, Idaho
    Code, against the land for any calendar year subsequent to the year in
    which the petition was filed shall not be valid and no lien for any such
    attempted assessment shall attach under section 42-5240, Idaho Code.