2005 Idaho Code - 42-5273 — CONSOLIDATION OF TWO OR MORE GROUND WATER DISTRICTS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5273.  CONSOLIDATION OF TWO OR MORE GROUND WATER DISTRICTS. Whenever
the boards of directors of any two (2) or more ground water districts which
together form a contiguous area determine that it is in the best interests of
their respective districts that the districts be consolidated into a single
ground water district and wish to proceed toward consolidation, the following
procedures shall be followed:
    (1)  Each board shall petition its respective county commission in the
counties identified by reference to section 42-5203, Idaho Code, for an order
for an election to vote upon the question of such consolidation, which
petition shall state in detail the terms upon which such consolidation is
proposed to be made, and also shall transmit a copy of the petition to the
department of water resources.
    (2)  Upon receiving the petitions, the department shall investigate
questions affecting such proposed consolidation, and it shall make a report of
the result of such investigations to each county commission with whom the
petitions were filed not more than ninety (90) days after the department
receives such petitions.
    (3)  After receiving the department's report, each county commission, if
it deems it advisable, shall make an order fixing the time for an election in
the districts to vote upon the question of proposed consolidation, which time
shall be at the first available date in accordance with section 34-106, Idaho
Code.  Notice of the election shall be published as required for notice of
election in section 42-5209, Idaho Code, and the boards of directors shall
make all necessary arrangements for such election in their respective
districts as provided in this title for other elections.  The ballots shall be
substantially as follows: "Consolidation--Yes." "Consolidation--No."
    (4)  The boards of directors shall canvass the returns of the election as
provided in case of usual ground water district elections, and shall
immediately thereafter transmit, by messenger or registered mail, certified
abstracts of the result of said election in their respective districts to the
clerk of the county commission.  Within ten (10) days after such returns are
received by the clerk, the county commission shall meet and canvass the same.
    (5)  If it appears that a majority of all the votes cast in each of said
districts is "Consolidation--Yes." said board shall make an order, and enter
the same of record in its minutes, establishing said consolidated district,
giving its boundaries and designation, and in detail the terms under which the
consolidation has been effected, and dividing said consolidated districts into
three (3) divisions, and shall appoint some person qualified under this title,
to act as director for each of said divisions of said district until the next
general election for the election of officers, when a board of directors shall
be elected as provided in section 42-5218, Idaho Code; provided however, that
the organization of such district shall not take effect until the first
Tuesday of the January following said order of its establishment.  If the date
provided by law for the election of directors shall come between the date of
said order of the county commission and the first Tuesday of January, then in
making such order the board shall designate the board of directors of one (1)
of the consolidated districts as a board to take charge of such election, and
in that case a director shall be elected for each such division of the
consolidated district, and no appointment of directors shall be made by the
county commission.
    (6)  If, however, upon such canvass by the county commission, it appears
that a majority of the votes cast in any district thus proposed to be
consolidated is "Consolidation--No," then a record of that fact shall be
entered in the same minutes of the county commission, and all the proceedings
had under the preceding sections of this chapter shall be void.