Idaho Statutes

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 11
                       EXCLUSION OF LANDS FROM DISTRICT
    43-1102.  GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT
FOR DRAINAGE PURPOSES. (a) The grounds and reasons for exclusion of lands from
an irrigation district are listed as follows:
    1.  The lands are too high to be watered without pumping by the owners of
    the lands from water owned or controlled by the irrigation district;
    2.  The owners of the lands have installed a good and sufficient water
    system independent of the water system of such irrigation district for the
    irrigation of the lands because the district does not own a sufficient
    water right to furnish an adequate water supply for those lands;
    3.  The lands in their present condition are not agricultural lands and
    the irrigation district has not:
         (i)   Adopted a resolution to construct a distribution system for the
         lands pursuant to section 43-333, Idaho Code; or
         (ii)  Called an election on the question of constructing a
         distribution system for the lands under the provisions of section
         43-329, Idaho Code; or
         (iii) Independently or in cooperation with a city or county
         established a local improvement district to construct a distribution
         system for the lands; or
         (iv)  Constructed a distribution system for the lands; or
    4.  Prior to acquisition of the land by the petitioning owner, and without
    his knowledge or consent, the ditch or other transmission facility
    extending from the delivery point of the district to the lands has been
    rendered permanently incapable of carrying water to the lands, but this
    ground for exclusion shall only apply to parcels less than five (5) acres
    in size.
    (b)  If the lands sought to be excluded from an irrigation district under
this section or under sections 43-1110 through 43-1117, Idaho Code, are
benefited by surface drainage facilities of the irrigation district pursuant
to sections 43-306 to 43-312, Idaho Code, but otherwise would qualify for
exclusion, the lands shall be excluded for purposes of irrigation but shall
remain a part of the district for purposes of drainage and shall continue to
be assessable for drainage, but shall not be assessed for irrigation water.

The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.  
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this 
database be published or repackaged for commercial sale without express written permission.  

Available Reference: Search Instructions.

The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright.