2005 Idaho Code - 43-1401 — PETITION FOR CONSOLIDATION

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 14
                          CONSOLIDATION OF DISTRICTS
    43-1401.  PETITION FOR CONSOLIDATION. Whenever the boards of directors of
any two (2) or more irrigation districts which are contiguous deem it for the
best interests of their respective districts that the same be consolidated
into a single district, such boards of directors may petition the board of
county commissioners 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: provided, however, when any
two (2) irrigation districts which are contiguous, where one (1) district does
not embrace more than one-tenth (1/10) the land in the larger district, and
the board of directors deem it for the best interests of the respective
districts that the same be consolidated into a single district, the board of
directors may arrange by contract upon what terms and conditions the smaller
district may be consolidated with the larger district, with the name and
officers of the larger district still retained, which contract shall be
submitted to the board of directors of the smaller district, together with the
question of whether or not said districts shall be consolidated under the
terms of the agreement, at a special election held for that purpose in such
smaller district. Notice of such election shall be published as required for
notices of election for indebtedness. At such election should two-thirds (2/3)
of the electors voting, vote in favor of said contract and the consolidation
of said districts, the board of directors of the smaller district shall
petition the board of directors of the larger district, which notice shall be
published in a newspaper published within the county wherein the office of the
board of directors of the larger district is situated, for such length of time
and covering the same matters as required by a petition of a private owner of
land to have same included within the boundaries of an irrigation district.
The law applicable to the inclusion of land within the boundaries of an
irrigation district, after the petition is filed and notice given, shall apply
to the consolidating, including and annexing of a smaller district in and to
the boundaries of a larger district. After the board of directors of the
larger district has made the order including said smaller district within the
boundaries of the larger district, the board of directors of the larger
district shall file a petition in the district court within the county wherein
the principal office of the larger district is situated, asking for an
approval and confirmation of the proceedings thereunder, and the same
procedure shall be followed as provided by sections 43-406, 43-407, and
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 larger district,
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
the county within which said land lies.