(1) Any district member who is an irrigator may file with the district board a petition requesting that the member’s irrigated lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, and shall state that continued inclusion of the irrigated lands in the district is inappropriate or unwarranted:
(a)  Because the diversions of ground water under the ground water irrigator’s water right have no depletive effect on any water source, either individually or cumulatively when considered in conjunction with other similar diversions;
(b)  Because the only ground water use associated with the lands sought to be excluded by the petition is a domestic or stock water use as defined by sections 42-111 and 42-1401A, Idaho Code;
(c)  Because the exclusion of the lands will not impair the district’s ability to repay debt or carry out mitigation plans;
(d)  Because the exclusion is in the best interests of the district and its members; or
(e)  For other compelling reasons.
The board shall consider the petition and, based on findings concerning such factors, the board shall grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing.
(2)  Any district member who is a nonirrigator, may file with the district board a petition requesting that the member’s lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, but need not be acknowledged. The board shall consider the petition and grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing.
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Terms Used In Idaho Code 42-5251

  • Board: means the board of directors of a ground water district organized pursuant to this chapter. See Idaho Code 42-5201
  • Contract: A legal written agreement that becomes binding when signed.
  • District: means a ground water district established, or to be established, pursuant to this chapter. See Idaho Code 42-5201
  • 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
  • lands: when used in the context of the property of a ground water user subject to district assessment under this chapter, means the real property where ground water is diverted or placed to beneficial use, including the facilities in or through which a ground water user makes beneficial use of ground waters. See Idaho Code 42-5201
  • Member: means a ground water user whose lands, facilities and/or water rights are included in and subject to a ground water district and its policies. See Idaho Code 42-5201
  • Nonirrigator: means a ground water user holding a ground water right for commercial, municipal, or industrial purposes within a ground water district. See Idaho Code 42-5201
  • Person: means an individual, partnership, trust, estate, association, corporation, municipal corporation, the state of Idaho and any of its agencies, the United States, an Indian tribe, a public corporation, or any other public or private entity. See Idaho Code 42-5201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Water right: means the legal right to divert and beneficially use the public waters of the state of Idaho where such right is evidenced by a decree, a permit or a license issued by the department, a beneficial or constitutional use right evidenced by an adjudication claim or claim based on section 42-243, Idaho Code, or a right based on federal law. See Idaho Code 42-5201
(3)  All costs incurred by the district in carrying out an exclusion proceeding shall be assessed as provided in section 42-5253, Idaho Code. A person purchasing land under a written contract shall be deemed to be the owner of that land for purposes of this section.