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 ACT1 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-1104, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING IRRIGATION DISTRICTS' BOARD OF DIRECTORS3 HEARING PETITIONS; AMENDING SECTION 43-1107, IDAHO CODE, TO REVISE PRO-4 VISIONS REGARDING COSTS; AND DECLARING AN EMERGENCY AND PROVIDING AN5 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 hereby8 amended to read as follows:9 43-1104. HEARING ON PETITION -- ORDER OF EXCLUSION. (1) The board of10 directors of the irrigation district may conduct its own investigation of11 the facts alleged in the petition and, by resolution duly adopted, which may12 address the allegations of several petitions, accept the facts as alleged13 and determine that no hearing is required prior to granting the petition or14 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 district16 within one hundred fifty (150) days of filing of the petition. If no hearing17 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 petitioner19 or petitioners must establish by competent evidence the allegations of the20 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. Within22 one hundred fifty (150) days of receiving a petition, the board shall adopt a23 resolution that addresses one (1) or more petitions and:24 (a) Accepts the alleged facts and grants the petition or petitions as25 requested; or26 (b) Rejects or otherwise disputes the alleged facts and denies the pe-27 tition or petitions as requested. In such cases, the resolution shall28 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-five34 (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 the36 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; and41 (ii) Notify the petitioner of the date and time of the hearing.42

2 (c) At the hearing, the petitioner or petitioners shall establish by1 competent evidence the allegations of the petition, and the chair or2 presiding member of the board is hereby empowered to administer oaths3 for the purpose of the hearing.4 (d) A hearing shall not be held if the board issues an order excluding5 the land described in the petition from the district prior to the date of6 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 at9 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 the11 petition, the board must the board shall make an order forthwith changing12 the boundaries of such district so as to exclude the lands described in the13 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 section16 43-1102, Idaho Code; provided however, that the lands so ordered excluded17 shall not be relieved of their obligation to pay their proportionate share of18 any existing bonded or contract indebtedness of the irrigation district, and19 the lands shall remain a part of the irrigation district for the purpose of20 discharging the existing bonded or contract indebtedness.21 No hearing shall be held when, prior to the date set for the hearing, the22 board issues an order excluding the land described in the petition from the23 district.24 (4) When land is excluded from the district pursuant to a petition filed25 on or before December 1 in any calendar year, assessments against the land26 for any calendar year subsequent to the year in which the petition was filed27 shall not be valid and no lien for any such attempted assessment shall attach28 under section 43-706, Idaho Code. Petitioners are, however, required to pay29 any outstanding assessments levied the calendar year and prior in which the30 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 hereby32 amended to read as follows:33 43-1107. COSTS. The costs of excluding any land as provided in this34 chapter shall be borne by the petitioner or petitioners except in cases35 where:36 (1) The lands excluded are found to be too high or not susceptible of37 irrigation from the water system of the district without pumping by the38 landowner and the petitioner or previous owners of the land have paid the39 assessments of the district against that land; or40 (2) The exclusion is requested under pursuant to subsection (a)3. or41 (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 point44 on the district's irrigation system, and (b) the petitioner or previous45 owners of the land have paid the assessments of the district against that46 land. If the petitioner is required to pay the costs of exclusion hearing47 proceedings, the board may require a deposit of the estimated costs before48 they the board will hear the petition and the one hundred fifty (150) sixty49

3 (60) day period in which the petition must be heard as provided in section1 43-1104, Idaho Code, shall not begin to run until the estimated costs have2 been deposited; provided however, that, in case of a successful appeal by3 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 the5 irrigation district. If the actual costs of the exclusion proceedings are6 less than the amount deposited by the petitioner, the excess deposit shall7 be credited against any amounts which that are to be paid by the petitioner8 prior to entry of the order of exclusion, and the balance, if any, shall be9 refunded to the petitioner within fourteen (14) days after the hearing; if10 the actual costs of the exclusion proceedings are more than the deposit, the11 difference shall be paid to the district by the petitioner within fourteen12 (14) days after receipt of a statement to that effect from the district, and13 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 hereby16 declared to exist, this act shall be in full force and effect on and after17 July 1, 2026.18