TITLE 43

IRRIGATION DISTRICTS

CHAPTER 11

EXCLUSION OF LANDS FROM DISTRICT

43-1119.  Exclusion — Loss of water rights — Obligations outstanding — Effect — Enforcement — Payment — Certificate. (1) Land excluded from any irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and, except as provided in subsection (b) of section 43-1102, Idaho Code, shall not thereafter be entitled to any of the benefits of the district. An exclusion of land from any irrigation district shall not impair the water rights or irrigation works and system of the district nor its rights in or to its property or its obligations.

(2)  Land excluded from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the order or resolution excluding the land as fully as though the land had not been excluded.

(3)  All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable.

(4)  When any lot or parcel of land shall be excluded from an irrigation district and there shall be paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the lot or tract excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.

History:

[(43-1119) 1972, ch. 371, sec. 10, p. 1089; am. and redesignated, 1990, ch. 181, sec. 19, p. 394.]