TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 42

GROUND WATER RECHARGE

42-4204.  Board of directors — Composition — Appointment of first board — Election of subsequent boards. (1) The board of directors of the aquifer recharge district shall consist of five (5) members. Each member shall be a water user, or representative of a water user within the district. The members of the board shall be as follows:

(a)  One (1) member shall be a member of a lateral ditch water user’s association, canal company, irrigation district or similar organization;

(b)  One (1) member shall be an owner or operator of a commercial fish hatchery licensed in accordance with the provisions of section 22-4602, Idaho Code;

(c)  One (1) member shall be a farmer or rancher who is an appropriator of groundwater and whose diversion thereof is accomplished primarily through the operation of a well or wells;

(d)  One (1) member shall be a member of the city council of a municipality within the district; and

(e)  One (1) member shall be generally representative of the interests of water users within the district.

(2)  The first board of directors shall be appointed by the director of the department of water resources. Water users within the district, or groups thereof, may submit to the director, or the director may solicit therefrom, the names of qualified individuals to be considered for appointment to the board.

(3)  The term of office of the directors shall be determined by lot so that three (3) members shall serve for a term of two (2) years and two (2) members shall serve for a term of one (1) year. Thereafter, members shall serve two (2) year terms and shall be elected as provided in this section.

(4)  On the first Tuesday in February following the expiration of the term of those members serving for one (1) year, and on the first Tuesday in February of each year thereafter, an election shall be held in accordance with the provisions of chapter 14, title 34, Idaho Code, at which directors to succeed those whose terms have expired will be elected. Each director so elected shall possess the qualifications required of all members of the board and in addition shall possess the qualifications of the director whom he is to succeed in office.

(5)  In any election for director if, after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a director’s position, it shall not be necessary for the candidate to stand for election, and the board of directors of the district shall declare such candidate elected as director, and the secretary of the district shall immediately make and deliver to such person a certificate of election.

History:

[42-4204, added 1978, ch. 293, sec. 1, p. 728; am. 1982, ch. 204, sec. 3, p. 540; am. 1985, ch. 10, sec. 1, p. 14; am. 1992, ch. 273, sec. 3, p. 846; am. 1995, ch. 118, sec. 76, p. 492; am. 2021, ch. 325, sec. 12, p. 999.]