TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 9

DISTRIBUTION OF WATER TO CONSUMERS

42-909.  Manager of distributing lateral, ditch, or other conduit — Appointment by district watermaster — By directors of irrigation district canal company, or other irrigation entity — Payment of compensation. (1) If two (2) or more parties taking water from any main ditch, canal, other conduit, or reservoir at the same point to be conveyed to their respective premises for any distance, through the same distributing lateral, ditch, or other conduit do not select a manager for said distributing lateral, ditch, or other conduit as provided in section 42-907, Idaho Code, or section 42-908, Idaho Code, the watermaster of the water district shall on the written demand of any one or more of said parties appoint a manager for said distributing lateral, ditch, or other conduit who shall have and exercise all the powers and perform all of the duties of a manager of the distributing lateral, ditch, or other conduit as provided in section 42-910, Idaho Code; provided, however, if an irrigation district, canal company, or other irrigation entity is the owner of the main ditch, canal, other conduit, or reservoir, then the board of directors of such district, canal company, or other irrigation entity may, upon such demand, make such appointment.

(2)  The compensation of said manager shall be fixed by said watermaster, and shall be paid in the manner provided by section 42-910, Idaho Code, for the payment of expenses incurred by him. If not paid, it may be collected, with other damages in the action provided by said section; provided, however, if an irrigation district, canal company, or other irrigation entity is the owner of the main ditch, canal, other conduit, or reservoir, the board of directors of such district, canal company, or other irrigation entity shall fix the compensation of said manager and at the end of the irrigation season upon the request of such manager the secretary of such district, canal company, or other irrigation entity shall prorate the amount of such compensation among the several parties taking water through such distributing lateral, ditch, or other conduit on the basis of the number of acres irrigated by each, and mail each a statement of the amount prorated to such party, requesting that remittance be made to such secretary for and on behalf of such manager. In the event any such parties, no later than the date when irrigation district assessments are delinquent, remit to such secretary, he shall, upon receiving same, and without making any entry in his books of account, deliver it to such manager. Should any such parties fail or refuse at such time to remit to said secretary, then such manager may collect as provided in this section.

History:

[(42-909) C.S., sec. 5633-A, added 1925, ch. 99, sec. 1, p. 144; am. 1929, ch. 45, sec. 1, p. 57; am. 1931, ch. 62, sec. 1, p. 105; I.C.A., sec. 41-809; am. 2025, ch. 38, sec. 1, p. 176.]