Who may propose organization.
Whenever fifty (50), or a majority, of the holders of title, or evidence of title, to lands susceptible of one or more modes of irrigation from the same or different sources and by the same or different systems of works, desire to provide for the irrigation of the same, or when for other reasons they desire to organize the proposed territory into one district, they may propose the organization of an irrigation district under this title: provided, said formation into one (1) district meets with the approval of fifty (50), or a majority of the holders of title, or evidence of title, to lands in each of the communities affected: provided, further, said holders of title or evidence of title shall hold such title or evidence of title to at least one-fourth (1/4) part of the total area of the land in the proposed district, exclusive of state and government land which will be assessable for the purposes of the district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this title, but other evidence may be received, including receipts or other evidence of the rights of entrymen on lands under any law of the United States or of this state, and such entrymen shall be competent signers of such petition, and the lands on which they have made such entries shall, for the purposes of said petition, be considered as owned by them.
Notes of Decisions
Brizendine v. Nampa Meridian Irrigation Dist., 548 P.2d 80 (Idaho 1976).
· cites it 8× “As the legislature has enumerated both generic categories (instrumentality of the state, municipal corporation, public corporations, etc.”
Bremer, LLC v. East Greenacres Irrigation Dist., 316 P.3d 652 (Idaho 2013).
· cites it 2× “For example, an irrigation district’s board of directors has the power to (1) conduct the district’s business affairs and “make and execute all necessary contracts”; (2) establish by-laws “as may be necessary and just to secure the just and proper distribution of [water]”; (3)…”
Nelson v. Big Lost River Irrigation Dist., 219 P.3d 804 (Idaho 2009).
· cites it 2× “Water districts are created pursuant to Idaho Code § 42-604 , while irrigation districts are created pursuant to Idaho Code § 43-101 et seq. The board of directors of an irrigation district is authorized “to establish equitable by-laws, rules and regulations for the distribution…”
Eagle Creek Irrigation Co. v. A.C. & C.E. Invs., Inc., 447 P.3d 915 (Idaho 2019).
· cites it 2× “The deliberate entry into public service caused a dedication to public use and subjected these companies to public utility regulation (at least after public utility commissions came into being). Fereday, Ownership of Water Rights in Irrigation Water Delivery Organizations: An…”
Johnson v. Lewiston Orchards Irrigation Dist., 584 P.2d 646 (Idaho 1978).
““Ill “That the Lewiston Orchards Irrigation District was organized as an irrigation district under the provisions of Idaho Code, Sections 43-101 through 43-118, and with its principal office at 1520 Powers, Lewiston, Idaho, and is engaged in the business of furnishing domestic…”
Bradshaw v. Milner Low Lift Irrigation Dist., 381 P.2d 440 (Idaho 1963).
· cites it 2× “However, we do not construe the conclusions or judgment of the district court as denying to the owners of the new lands any right or interest whatever in the water rights held by the district prior to their annexation.”
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