Idaho Code
Idaho Code § 43-304 (2026)
General powers of board — By-Laws — Right of entry — Acquisition of property.
✓ current as of May 2026
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General powers of board — By-Laws — Right of entry — Acquisition of property.
Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required and prescribe their duties, to establish equitable by-laws, rules and regulations for the distribution and use of water among the owners of such land, as may be necessary and just to secure the just and proper distribution of the same, which said by-laws, among other things, shall establish a fiscal year, and in case the by-laws do not provide for the establishment of a fiscal year, the fiscal year shall commence the first day of November and end the thirty-first day of October of each and every year. Said by-laws, rules and regulations must be printed in convenient form for distribution throughout the district.
The board and its agents and employees shall have the right to enter upon any land and to make surveys, and may locate the necessary irrigation works and the line of any canal or canals, and the necessary branches for the same on any lands which may be deemed best for such location.
Said board shall also have the right to acquire, either by purchase, condemnation or other legal means, all lands and water rights, and other property necessary for the construction, use and supply, maintenance, repair and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, lands and water rights for ground water recharge projects initiated pursuant to chapter 42, title 42, Idaho Code, and all necessary appurtenances. In case of purchase, the bonds of the district hereinafter provided for may be used to their par value in payment. Said board may also construct the necessary dams, reservoirs, ground water recharge facilities and works for the collection of water for said district, and do any and every lawful act necessary to be done that sufficient water may be furnished to each landowner in said district for irrigation purposes. The use of all water required for the irrigation of the lands of any district formed under the provisions of this title, together with the rights of way for canals and ditches, sites for reservoirs, ground water recharge projects and all other property required in fully carrying out the provisions of this title, is hereby declared to be a public use, subject to the regulation and control of the state, in the manner prescribed by law.
The board of directors of an irrigation district organized under the laws of the state of Idaho may enter into contracts for a water supply to be delivered to the canals and works of the district, and do any and every lawful act necessary to be done that sufficient water may be furnished to the lands in the district for irrigation purposes.
Notes of Decisions
Cited in 9
cases, 1954–2020 · leading case: Abbott v. Nampa Sch. Dist. No. 131, 808 P.2d 1289 (Idaho 1991).
Abbott v. Nampa Sch. Dist. No. 131, 808 P.2d 1289 (Idaho 1991). “Idaho Code § 43-304 sets out the general powers of the board of directors of the Irrigation District and Abbotts cite Yaden v.”
Brizendine v. Nampa Meridian Irrigation Dist., 548 P.2d 80 (Idaho 1976). “In this respect it is no different than a highway district, school district or even a municipality or county insofar as it has limited powers generally applicable within geographic boundaries.”
Nelson v. Big Lost River Irrigation Dist., 219 P.3d 804 (Idaho 2009). “Idaho Code § 43-304 grants the directors of an irrigation district the power “to establish equitable bylaws, rules and regulations for the distribution and use of water among the owners of such land, as may be necessary and just to secure the just and proper distribution of the…”
Viking Constr., Inc. v. Hayden Lake Irrigation Dist., 233 P.3d 118 (Idaho 2010). “Could the Irrigation District Set the Connection Fee by Amending Its Bylaws? Idaho Code § 43-304 provides that the board of directors of an irrigation district has the power “to establish equitable bylaws, rules and regulations for the distribution and use of water among the…”
Bremer, LLC v. East Greenacres Irrigation Dist., 316 P.3d 652 (Idaho 2013). “” I.C. § 43-304. The legislature has therefore provided irrigation districts many powers in order to provide water to their users.”
Kerner v. Johnson, 583 P.2d 360 (Idaho 1978). “The board of directors of each district may determine that the fulfillment of their statutory duty to protect their district’s water rights and to assure that sufficient irrigation water will be available to all the lands within their district, I.C. §§ 43-304, -2203, requires…”
Jensen v. Boise-Kuna Irr. Dist., 269 P.2d 755 (Idaho 1954). “, §§ 4346 and 4355 [§§ 43-304 and 43-322, I.C.], the power of the directors or other officers of an irrigation district is limited, and any act done in excess of the express or implied provisions of the statute by such directors or other officers is ultra vires.”
Booth v. Weiser Irrigation Dist., 735 P.2d 995 (Idaho 1987). “The Jensen decision was based on the versions of I.C. §§ 43-304, -305, and -316 that were in effect in 1954.”
Bliss v. Minidoka Irrigation Dist. (Idaho 2020). “I.C. § 43-304. Nothing in section 43-304 suggests that Hunt had the unilateral authority to delegate to a water user the responsibilities of the ditchrider and watermaster.”
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