42-5201 Short Title — Title of Districts — Definitions
42-5202 Establishment of Ground Water Districts
42-5203 Petition for Organization — Map — Bond
42-5204 Notice of Presentation to County Commission
42-5205 Notice of County Commission Hearing
42-5206 Examination by Department of Water Resources — Report to County Commission — Amendment of Plan
42-5207 Organization Hearing Before County Commission — Order of County Commission
42-5208 Divisions of District for Election of Directors
42-5209 Notice of Election
42-5210 Qualifications of Voters for District Elections
42-5211 Conduct of Elections
42-5212 Registration Not Required
42-5213 Canvass of Votes — Completion of Organization
42-5214 Ground Water Users Included Within the District — Notice and Hearing for Members Included in District After March 31, 2005 — Order — Appeal and Conclusiveness
42-5215 Limitation On Proceedings Affecting Validity
42-5216 Organizational Meeting of Board
42-5217 Treasurer’S Official Bonds
42-5218 Election, Term of Office, Nominations and Qualifications
42-5218A When Election Not Required
42-5218B Notice of Election
42-5218C Conduct of Elections
42-5218D Canvass of Returns — Declaration of Winners
42-5219 Directors At Large
42-5223 Board of Directors — Officers — Meetings — Compensation — Vacancies
42-5224 Powers and Duties of Board of Directors
42-5225 Authority to Construct and Operate Ground Water Recharge or Storage Project
42-5226 Intersections With Streets, Railroads, Watercourses
42-5227 Officers Must Not Be Interested in Contracts
42-5228 Indemnification of Officers, Directors, Employees and Agents
42-5229 Report to Department of Water Resources
42-5230 Statement of Financial Condition
42-5231 County Commission to Have Access to Books
42-5232 Levy of Assessments
42-5233 Power to Incur Indebtedness — Assessments to Secure Repayment — Warrants
42-5234 Election for Indebtedness — Referendum Petition
42-5235 Judicial Examination
42-5236 Judicial Proceedings to Test Validity
42-5237 Tax Exemption
42-5238 Liberal Construction
42-5239 Lending Institutions — Right to Compel Assessments — Alternative Remedy
42-5240 Lien of Assessment
42-5241 Payment of Assessments — When Delinquent — Interest and Penalties
42-5242 Entry of Delinquent Assessments — Filing of Delinquency List
42-5243 Redemption and Sale of Property Subject to Delinquent Assessments
42-5244A Apportionment of Mitigation Plan Obligations
42-5244B Delinquent Assessments — Noncompliance With Mitigation Plan
42-5245 Petition for Annexation of Land
42-5246 Notice of Petition
42-5247 Hearing On Petition
42-5248 Assessments Against Annexed Lands
42-5249 Order Accepting or Rejecting Petition
42-5250 Order to Be Recorded
42-5251 Petition for Exclusion of Lands — Ground Water Irrigated Lands — Lands of Nonirrigator — Lands May Remain in the District for Mitigation Purposes
42-5252 Contents of Petition — Representations, Certification and Liability — Waiver of Benefits Upon Exclusion
42-5253 Order of Exclusion
42-5254 Survey of Land to Be Excluded
42-5255 Costs of Excluding Land
42-5256 Changes to Be Filed for Record
42-5257 Exclusion — Effect — Obligations Outstanding — Enforcement — Payment — Certificate
42-5258 Reinstatement of Lands
42-5259 Participation by Nonmember in District Solely for Mitigation Purposes
42-5260 Petition to Annex State Land
42-5261 Petition for Dissolution of District
42-5262 Call for Election On Dissolution Petition
42-5263 Notice of Dissolution Election
42-5264 Conduct of Dissolution Election
42-5265 Canvass of Returns On Election for Dissolution
42-5266 Petition for Confirmation of Dissolution by District Court
42-5267 Character of Proceedings for Confirmation
42-5268 Decree of Confirmation
42-5269 Dissolution Without Election — Petition — Conditions
42-5270 Dissolution Without Election — Parties
42-5271 Dissolution Without Election — Appointment of Officer to Marshal Assets — Decree
42-5272 Dissolution — Appeal
42-5273 Consolidation of Two or More Ground Water Districts
42-5274 Procedure for Consolidating One Ground Water District Within Another Having Substantially Larger Ground Water Diversions
42-5275 Exercise of Powers Under This Chapter by Irrigation Districts Organized Under Title 43
42-5276 Inclusion of Irrigation Districts Organized Under Title 43
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Terms Used In Idaho Code > Title 42 > Chapter 52 - Ground Water Districts

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bequest: Property gifted by will.
  • Board: means the board of directors of a ground water district organized pursuant to this chapter. See Idaho Code 42-5201
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a corporation or limited liability company. See Idaho Code 42-5201
  • County commission: means the board of county commissioners or any other governing board or authority for a county, as provided by law. See Idaho Code 42-5201
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Idaho department of water resources. See Idaho Code 42-5201
  • Devise: To gift property by will.
  • Director: means the director of the department of water resources. See Idaho Code 42-5201
  • District: means a ground water district established, or to be established, pursuant to this chapter. See Idaho Code 42-5201
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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 irrigator: means a ground water user holding a ground water right for irrigation purposes within a ground water district. 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Mitigation plan: means a plan to prevent or compensate for material injury to holders of senior water rights caused by the diversion and use of water by the holders of junior priority ground water rights who are participants in the mitigation plan. See Idaho Code 42-5201
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Public corporation: means counties, city and counties, cities, school districts, municipal water districts, irrigation districts, recharge districts, water districts, park districts, subdistricts, and all other governmental agencies of this state, having the power of levying or providing for the levy of general or special taxes or special assessments, and any political subdivision of another state of the United States. See Idaho Code 42-5201
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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