2005 Idaho Code - 43-327 — DELINQUENT ASSESSMENTS -- SHUTTING OFF OF WATER

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-327.  DELINQUENT ASSESSMENTS -- SHUTTING OFF OF WATER. The board of
directors of any irrigation district shall have the power to refuse to deliver
water for the use on any lands upon which any assessments, tolls or charges
levied, assessed or charged against said lands or the owner, lessee, occupant
or contract purchaser thereof, under any section of this title, whether for
irrigation or domestic water service, are unpaid for more than ninety (90)
days after delinquency until such assessments, tolls or charges, together with
any lawful penalties and additional charges are paid.
    Provided, that, in irrigation districts having a contract with the United
States under the provisions of this title, for the construction, or operation,
or maintenance of a domestic water system or for the repayment to the United
States of a loan for any such purpose, the board of directors of such district
may, by resolution, from time to time, fix a date or dates after which any or
all lawful tolls and/or charges of the district, including without limitation
domestic water tolls and charges, and excepting only assessments provided for
in this title against real property within the district, shall be deemed
delinquent. Such district shall have the right, in addition to and
supplemental to all other legal rights now in effect, or hereafter acquired
for the collection of any such sums, to cease delivery of domestic and
irrigation water to all lands in connection with which such tolls or charges
have been incurred and, at the district's option, also to all other lands
within the district belonging to the person or persons, firm, corporation or
other legal entity incurring any such tolls or charges. Such delivery may be
ceased at any time after the tenth day following the date any such sums become
delinquent, and until all such sums together with any lawful penalties,
additional charges and/or interest at the legal rate are paid.