2005 Idaho Code - 42-5274 — PROCEDURE FOR CONSOLIDATING ONE GROUND WATER DISTRICT WITHIN ANOTHER HAVING SUBSTANTIALLY LARGER GROUND WATER DIVERSIONS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5274.  PROCEDURE FOR CONSOLIDATING ONE GROUND WATER DISTRICT WITHIN
ANOTHER HAVING SUBSTANTIALLY LARGER GROUND WATER DIVERSIONS. In those cases
where the cumulative total ground water diversions (excluding diversions under
domestic and stockwater rights) in one (1) district are less than one-tenth
(1/10) of such diversions in the larger district, and the boards of directors
deem it for the best interests of the respective districts that the two (2)
districts be consolidated into a single district, such boards may seek to
consolidate according to the following procedure as an alternative to that
described in section 42-5273, Idaho Code:
    (1)  The boards may propose a contract between them setting forth the
terms and conditions of consolidating the district having the smaller ground
water diversions into the other district, with the name and officers of the
district having the larger ground water diversions still retained.
    (2)  Once both boards have approved the contract, it shall be submitted
for approval by the members of the district having the smaller ground water
diversions, together with the question of whether the two (2) districts shall
be consolidated under the contract's terms, at a special election held for
that purpose in such district.  Notice of the election shall be published as
required for notices of election for indebtedness.  At the election should
two-thirds (2/3) of the electors voting, vote in favor of the contract and the
consolidation of the districts, the board of directors of the district having
the smaller ground water diversions shall petition the board of directors of
the district having the larger ground water diversions, which notice shall be
published in a newspaper published within the county wherein the office of the
board of directors of the district having the larger ground water diversions
is situated, for such length of time and covering the same matters as required
by a petition to annex land and/or facilities into a district.
    (3)  The law applicable to the annexation of land  into a district after
the petition is filed and notice given, shall apply to the consolidation,
including an annexation of a smaller district into a larger district.
    (4)  After the board of directors of the district having the larger ground
water diversions has approved the resolution or other decision including
within its boundaries the district having the smaller ground water diversions,
the board shall file a petition in the district court within the county
wherein the principal office of its district is situated, asking for an
approval and confirmation of the proceedings thereunder, and the same
procedure shall be followed as provided in sections 43-406 through 43-408,
Idaho Code, with reference to the confirmation of the proceedings within
irrigation districts.  In such petition the prayer shall be that the
proceedings, together with the contract, may be examined and approved by the
court; that after the confirmation of said proceedings the order of the board
of directors admitting the smaller district into the district having the
larger ground water diversions, containing a description of all the land
properly certified by the secretary of the district, shall be filed for record
in the office of the recorder of both counties with which the petition was
filed.