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Idaho Statutes Title 42. Irrigation and Drainage--Water Rights and Reclamation § 42-3204. Petition--Contents--Amendments

Current as of January 01, 2024 | Updated by Findlaw Staff

The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the proposed district is situated. The petition shall be signed by not less than ten per cent (10%) of the taxpayers of the district, who pay a general tax on real property owned by him or her within the district; provided, however, that no single tract or parcel of property containing five (5) acres or more may be included in any district organized under this act without the consent of the owner or owners thereof.

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name preceding the words, “water district” or “sewer district,” or “water and sewer district.”

(2) A general description of the improvements to be constructed or installed within and for the district.

(3) The estimated cost of the proposed improvements.

(4) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

(5) A prayer for the organization of the district.

No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.

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Cite this article: FindLaw.com - Idaho Statutes Title 42. Irrigation and Drainage--Water Rights and Reclamation § 42-3204. Petition--Contents--Amendments - last updated January 01, 2024 | https://codes.findlaw.com/id/title-42-irrigation-and-drainage-water-rights-and-reclamation/id-st-sect-42-3204/

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