TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 13

LATERAL DITCH WATER USERS’ ASSOCIATIONS

42-1312.  LATERAL WATER USERS’ ASSOCIATION AUTHORIZED TO BORROW MONEY OR TO MORTGAGE OR PLEDGE ASSETS. (1) A lateral water users’ association may:

(a)  Borrow money to repay a loan;

(b)  Mortgage or pledge any assets of the association as security for a loan; and

(c)  Levy assessments to repay a loan.

(2)  Before any money can be borrowed or any mortgage or pledge can be made or entered into, the association’s secretary-treasurer shall send a written notice to all water users to inform the water users that an election is being called to determine whether or not the association, through its chair and secretary-treasurer, may borrow money or mortgage or pledge its assets. Such notice shall include a brief description of the proposed action and the date, time, and place of such election, which shall be held at least ten (10) days after the date of the secretary-treasurer’s notice.

(3)  The election shall be determined by a majority vote of the water users present at the election in accordance with section 42-1302(5), Idaho Code.

History:

[42-1312, added 2026, ch. 112, sec. 25, p. 574.]