Idaho Code 42-5212 – Registration Not Required
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Terms Used In Idaho Code 42-5212
- District: means a ground water district established, or to be established, pursuant to this chapter. See Idaho Code 42-5201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ground water: when used in this chapter means water under the surface of the ground whatever may be the geologic structure in which it is standing or moving, as provided in section 42-230(a), Idaho Code. See Idaho Code 42-5201
- Ground water user: means the legal or beneficial owner of a ground water right, or the user of a ground water right pursuant to lease or contract of a ground water right to divert ground water of the state for a beneficial use or purpose, except for those diverting under rights used solely for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and provided, that for purposes of this chapter, the term ground water user shall not include any ground water right held by or on behalf of an Indian tribe or by tribal members for diversion and use within an Indian reservation, ground water rights held by the United States or ground water rights held by the state of Idaho. See Idaho Code 42-5201
- Oath: A promise to tell the truth.
No registration shall be required in any ground water district election, but in lieu thereof the judges of election shall require every elector to subscribe to an elector’s oath as prerequisite to casting his vote, and such oath shall be the usual elector’s oath with the following words added thereto, "I am a resident of ………. county, and I am a ground water user within the ……. (proposed) ground water district, or I am a representative of a ground water user within the ……. (proposed) ground water district" and present evidence of such ground water use pursuant to section 42-5201(16), Idaho Code, if they do not appear on the department’s list as provided in section 42-5206, Idaho Code.