2005 Idaho Code - 43-1103 — CONTENTS OF PETITION -- SUPPORTING EVIDENCE -- REPRESENTATIONS, CERTIFICATION AND LIABILITY

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 11
                       EXCLUSION OF LANDS FROM DISTRICT
    43-1103.  CONTENTS OF PETITION -- SUPPORTING EVIDENCE -- REPRESENTATIONS,
CERTIFICATION AND LIABILITY. A petition for exclusion shall set forth all of
the following:
    1.  A description of the land of each petitioner for which exclusion is
requested;
    2.  The reasons why it is claimed the tract or tracts should be excluded
and that, except for residential lands for which exclusion is requested under
subsection (a)3 or (a)4 of section 43-1102, Idaho Code, the lands sought to be
excluded are not benefited by the water rights, or by the irrigation in, or
drainage by the district, or by ground water subject to recapture and use by
the district and the exclusion will be for the best interests (1) of the owner
of the land proposed to be excluded and (2) of the other lands in the
district.
    3.  The petition shall be accompanied by such evidence of ownership of the
land as is satisfactory to the board of directors of the district and, except
for lands for which exclusion is requested under subsection (a)3 or (a)4 of
section 43-1102, Idaho Code, by a deposit for costs in the amount established
by the directors of the district as provided in section 43-1105, Idaho Code.
The board of directors of the district shall return to the petitioner any
petition not accompanied by both such proof of ownership and the filing and
exclusion fees set by section 43-1101, Idaho Code, and no further action shall
be required of the board with respect to such petition.
    A petition for exclusion filed with an irrigation district constitutes
representations to the district by the petitioner or petitioners that the
facts stated in the petition are true and correct and that no mortgagee or
other person holds a lien of record in the county where the land for which
exclusion is requested is located, for which the lienholder's consent to the
exclusion is required or that, if such consent is required, the consent has
been granted by the lienholder. The petitioner shall be liable for any
expenses or damages to lienholders or to other landowners or to the district
resulting directly or indirectly from wrongful exclusion of lands by reason of
untrue or incorrect statements in the petition.