IRRIGATION DISTRICTS – Amends existing law to revise provisions regarding irrigation district hearings.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1306
BY
RESOURCES
AND
ENVIRONMENT
COMMITTEE
AN
ACT
1
RELATING
TO
IRRIGATION
DISTRICTS;
AMENDING
SECTION
43
-
1104,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
IRRIGATION
DISTRICTS'
BOARD
OF
DIRECTORS
3
HEARING
PETITIONS;
AMENDING
SECTION
43
-
1107,
IDAHO
CODE,
TO
REVISE
PRO
-
4
VISIONS
REGARDING
COSTS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
5
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
43
-
1104,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
43
-
1104.
HEARING
ON
PETITION
-
-
ORDER
OF
EXCLUSION.
(1)
The
board
of
10
directors
of
the
irrigation
district
may
conduct
its
own
investigation
of
1
1
the
facts
alleged
in
the
petition
and,
by
resolution
duly
adopted,
which
may
12
address
the
allegations
of
several
petitions,
accept
the
facts
as
alleged
13
and
determine
that
no
hearing
is
required
prior
to
granting
the
petition
or
14
petitions
for
exclusion.
If
the
allegations
are
not
thus
accepted
such
pe
-
15
tition
must
be
heard
by
the
board
of
directors
of
such
irrigation
district
16
within
one
hundred
fifty
(150)
days
of
filing
of
the
petition.
If
no
hearing
17
is
held
within
one
hundred
fifty
(150)
days,
the
land
described
in
the
peti
-
18
tion
is
excluded
from
the
district.
If
a
hearing
is
ordered,
the
petitioner
19
or
petitioners
must
establish
by
competent
evidence
the
allegations
of
the
20
petition,
and
the
chairman
or
presiding
member
of
the
board
is
hereby
empow
-
21
ered
to
administer
oaths
for
the
purpose
of
the
hearing.
a
petition.
Within
22
one
hundred
fifty
(150)
days
of
receiving
a
petition,
the
board
shall
adopt
a
23
resolution
that
addresses
one
(1)
or
more
petitions
and:
24
(a)
Accepts
the
alleged
facts
and
grants
the
petition
or
petitions
as
25
requested;
or
26
(b)
Rejects
or
otherwise
disputes
the
alleged
facts
and
denies
the
pe
-
27
tition
or
petitions
as
requested.
In
such
cases,
the
resolution
shall
28
be
accompanied
by
the
board's
reasoned
explanation
for
such
decision,
29
and
the
resolution
and
explanation
shall
be
physically
mailed
to
the
pe
-
30
titioner.
31
(2)(a)
If
a
petitioner
disagrees
with
the
board's
decision,
the
peti
-
32
tioner
may
request
a
hearing
before
the
board
to
review
the
decision.
33
Such
request
must
be
made
in
writing
by
the
petitioner
within
forty
-
five
34
(45)
days
of
the
date
the
board's
decision
was
mailed
to
the
petitioner.
35
The
board's
adopted
resolution
shall
become
a
final
decision
after
the
36
forty
-
five
(45)
day
period
has
ended.
37
(b)
If
a
hearing
is
requested,
the
board
shall:
38
(i)
Set
a
date
for
the
hearing
that
is
no
later
than
sixty
(60)
39
days
from
the
date
the
board
received
the
petitioner's
written
re
-
40
quest;
and
41
(ii)
Notify
the
petitioner
of
the
date
and
time
of
the
hearing.
42

2
(c)
At
the
hearing,
the
petitioner
or
petitioners
shall
establish
by
1
competent
evidence
the
allegations
of
the
petition,
and
the
chair
or
2
presiding
member
of
the
board
is
hereby
empowered
to
administer
oaths
3
for
the
purpose
of
the
hearing.
4
(d)
A
hearing
shall
not
be
held
if
the
board
issues
an
order
excluding
5
the
land
described
in
the
petition
from
the
district
prior
to
the
date
of
6
the
hearing.
7
(3)
When
(1)
the
board
of
directors
accepts
the
facts
as
alleged
with
-
8
out
a
hearing,
or
(2)
when
the
allegations
of
the
petition
are
established
at
9
a
hearing,
or
(3)
the
land
has
been
excluded
by
reason
of
the
board's
fail
-
10
ure
to
hold
a
hearing
within
one
hundred
fifty
(150)
days
of
filing
of
the
1
1
petition,
the
board
must
the
board
shall
make
an
order
forthwith
changing
12
the
boundaries
of
such
district
so
as
to
exclude
the
lands
described
in
the
13
petition
which
that
the
proof
has
established
to
be
entitled
to
exclusion,
14
and
thereafter
the
lands
so
excluded
shall
not
form
a
part
of
the
irriga
-
15
tion
district
for
any
purpose
except
as
provided
in
subsection
(b)
of
section
16
43
-
1102,
Idaho
Code;
provided
however,
that
the
lands
so
ordered
excluded
17
shall
not
be
relieved
of
their
obligation
to
pay
their
proportionate
share
of
18
any
existing
bonded
or
contract
indebtedness
of
the
irrigation
district,
and
19
the
lands
shall
remain
a
part
of
the
irrigation
district
for
the
purpose
of
20
discharging
the
existing
bonded
or
contract
indebtedness.
21
No
hearing
shall
be
held
when,
prior
to
the
date
set
for
the
hearing,
the
22
board
issues
an
order
excluding
the
land
described
in
the
petition
from
the
23
district.
24
(4)
When
land
is
excluded
from
the
district
pursuant
to
a
petition
filed
25
on
or
before
December
1
in
any
calendar
year,
assessments
against
the
land
26
for
any
calendar
year
subsequent
to
the
year
in
which
the
petition
was
filed
27
shall
not
be
valid
and
no
lien
for
any
such
attempted
assessment
shall
attach
28
under
section
43
-
706,
Idaho
Code.
Petitioners
are,
however,
required
to
pay
29
any
outstanding
assessments
levied
the
calendar
year
and
prior
in
which
the
30
petition
is
filed
and
said
lien
shall
attach
until
said
assessments
are
paid.
31
SECTION
2.
That
Section
43
-
1107,
Idaho
Code,
be,
and
the
same
is
hereby
32
amended
to
read
as
follows:
33
43
-
1107.
COSTS.
The
costs
of
excluding
any
land
as
provided
in
this
34
chapter
shall
be
borne
by
the
petitioner
or
petitioners
except
in
cases
35
where:
36
(1)
The
lands
excluded
are
found
to
be
too
high
or
not
susceptible
of
37
irrigation
from
the
water
system
of
the
district
without
pumping
by
the
38
landowner
and
the
petitioner
or
previous
owners
of
the
land
have
paid
the
39
assessments
of
the
district
against
that
land;
or
40
(2)
The
exclusion
is
requested
under
pursuant
to
subsection
(a)3.
or
41
(a)4.
of
section
43
-
1102,
Idaho
Code,
and
for
the
five
(5)
irrigation
sea
-
42
sons
preceding
the
filing
of
the
petition
:
(a)
there
has
been
no
pipe,
ditch
,
43
or
other
delivery
system
between
the
land
and
the
assigned
delivery
point
44
on
the
district's
irrigation
system,
and
(b)
the
petitioner
or
previous
45
owners
of
the
land
have
paid
the
assessments
of
the
district
against
that
46
land.
If
the
petitioner
is
required
to
pay
the
costs
of
exclusion
hearing
47
proceedings,
the
board
may
require
a
deposit
of
the
estimated
costs
before
48
they
the
board
will
hear
the
petition
and
the
one
hundred
fifty
(150)
sixty
49

3
(60)
day
period
in
which
the
petition
must
be
heard
as
provided
in
section
1
43
-
1104,
Idaho
Code,
shall
not
begin
to
run
until
the
estimated
costs
have
2
been
deposited;
provided
however,
that,
in
case
of
a
successful
appeal
by
3
the
petitioner,
the
costs
taxed
by
the
district
to
the
petitioner
or
peti
-
4
tioners
whose
lands
are
excluded
by
the
district
court
shall
be
borne
by
the
5
irrigation
district.
If
the
actual
costs
of
the
exclusion
proceedings
are
6
less
than
the
amount
deposited
by
the
petitioner,
the
excess
deposit
shall
7
be
credited
against
any
amounts
which
that
are
to
be
paid
by
the
petitioner
8
prior
to
entry
of
the
order
of
exclusion,
and
the
balance,
if
any,
shall
be
9
refunded
to
the
petitioner
within
fourteen
(14)
days
after
the
hearing;
if
10
the
actual
costs
of
the
exclusion
proceedings
are
more
than
the
deposit,
the
1
1
difference
shall
be
paid
to
the
district
by
the
petitioner
within
fourteen
12
(14)
days
after
receipt
of
a
statement
to
that
effect
from
the
district,
and
13
the
board
shall
not
be
required
to
enter
an
order
of
exclusion
until
the
dif
-
14
ference
is
paid.
15
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
16
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
17
July
1,
2026.
18