TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 13

LATERAL DITCH WATER USERS’ ASSOCIATIONS

42-1305.  Lateral manager — appointment by director of department of water resources. (1) If water users taking water from the same point or points of diversion from any natural water source do not select or elect a lateral manager as provided in this chapter, then the director of the department of water resources may appoint and set the compensation of a lateral manager upon the written request from one (1) or more of the association’s water users alleging that water is not being apportioned and distributed properly among the water users from the lateral and that the rights of the water users are thereby being injured.

(2)  A lateral manager appointed by the director pursuant to this section:

(a)  May set and collect assessments as is necessary to achieve the proper allocation and distribution of water from laterals;

(b)  Shall not borrow money or otherwise mortgage or pledge assets pursuant to this chapter; and

(c)  Shall serve only for the period fixed by the appointment and not beyond the remainder of the year in which the manager is appointed.

(3)  If the lateral is within a water district established pursuant to chapter 6, title 42, Idaho Code, the director shall, upon receipt of request for appointment of a lateral manager, advise the watermaster of the request and invite the watermaster to make recommendations concerning the need for appointment of a lateral manager and the nomination of a person to be appointed if an appointment is necessary.

(4)  The director shall make a reasonable effort to provide written notice of the request to all affected lateral water users. Except in the case of serious threat of imminent injury to person or property, the director shall allow fourteen (14) days for written response to the request.

(5)  Based on a review of the request, the responses thereto, the recommendations of the watermaster, and any investigation by the department of water resources, the director shall issue a decision either appointing a lateral manager or declining appointment of a lateral manager. Any person aggrieved by the director’s decision shall be entitled to request a hearing before the director pursuant to section 42-1701A, Idaho Code.

History:

[42-1305, added 2026, ch. 112, sec. 18, p. 572.]