This bill amends Sections 43-1104 and 43-1107 of the Idaho Code, focusing on the procedures for irrigation districts regarding the exclusion of land from their jurisdiction. Under the revised Section 43-1104, the board of directors is required to adopt a resolution within 150 days of receiving a petition, either accepting the alleged facts and granting the petition or disputing the facts and denying it. If the latter occurs, the petitioner can request a hearing within 45 days of the board's decision. The bill also stipulates that if the board accepts the facts without a hearing or if the allegations are established at a hearing, the board must promptly change the district boundaries to exclude the land in question. Additionally, it clarifies that if land is excluded due to a petition filed by December 1, subsequent assessments against that land will not be valid.

In Section 43-1107, the bill outlines the costs associated with excluding land, stating that these costs are generally borne by the petitioner unless specific conditions are met, such as the land being unsuitable for irrigation. The bill also introduces a provision allowing the board to require a deposit of estimated costs before hearing a petition, with the timeline for the hearing starting only after the deposit is made. Furthermore, it ensures that if the actual costs are less than the deposit, the excess will be credited or refunded, while any additional costs must be paid by the petitioner before an exclusion order is issued. The bill declares an emergency, making it effective on July 1, 2026.

Statutes affected:
Bill Text: 43-1104, 43-1107