TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 52

GROUND WATER DISTRICTS

42-5249.  Order accepting or rejecting petition. (1) If the board of directors deems a proposed annexation not to be in the best interests of the district to include the lands mentioned in the petition, the board shall reject the petition. But if they deem it for the best interest of the district, the board may order the lands mentioned in the petition or some part thereof be annexed to the district.

(2)  The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary. Thereafter the annexed land shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.

(3)  If the board determines that it is in the best interest of the district, the board may create additional divisions and election precincts in the district following the annexation of additional lands. Any new division created within the district for the purpose of conducting elections following the annexation of lands must be consistent with the parameters established in section 42-5208, Idaho Code. If the board creates a new division and reallocation, the board shall make an order redividing the district into divisions, including the new division and election precinct.

History:

[42-5249, added 1995, ch. 290, sec. 1, p. 1004; am. 2025, ch. 141, sec. 1, p. 713.]