Amends existing law to revise provisions regarding irrigation district directors.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1337 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-201, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING IRRIGATION DISTRICT DIRECTORS; AND DECLAR-3 ING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 43-201, Idaho Code, be, and the same is hereby6 amended to read as follows:7 43-201. ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS. (1)8 Following the organization of any district, an election shall be held in ac-9 cordance with section 34-106, Idaho Code, at which shall be elected one (1)10 director for each division of said district by the electors of the district11 at large.12 (2) The term of office of the directors shall, immediately after the13 first election following such organization, be selected by lot so that as14 nearly as may be one-third (1/3) of the number shall hold office for the term15 of one (1) year, one-third (1/3) for the term of two (2) years, and the bal-16 ance for the term of three (3) years. An election shall be held in the dis-17 trict each year thereafter in accordance with section 34-106, Idaho Code, to18 elect directors to succeed those whose terms expire. Each director's term19 of office shall commence on the regularly scheduled board meeting closest20 to the date specified for taking office in section 34-106, Idaho Code, and21 shall continue for a term of three (3) years and until their successors are22 elected and qualified. If no director is elected and qualified at the end of23 an incumbent director's three (3) year term, an election shall be held at the24 next regular election of the irrigation district for the incumbent direc-25 tor's successor to hold office for the remainder of the unexpired term. This26 election requirement shall apply retroactively where an incumbent director27 remains in office on the date of the effective date of this act because the28 incumbent's successor was not elected and qualified in the 2012 election.29 (3)(a) Every director must be a qualified elector and a resident of the30 division of the director whom he is to succeed in office; provided that31 the:32 (i) The district's bylaws may, by resolution of two-thirds (2/3)33 of the board and adoption by two-thirds (2/3) of the electors34 voting in a district election conducted in accordance with the35 general election laws of the state applicable to irrigation dis-36 tricts, set forth a provision allowing a district landowner to37 serve as the director from the division in which the landowner owns38 land, if the landowner possesses all the qualifications required39 of electors under the general laws of the state and has resided40 within fifteen (15) miles of the district for a period of at least41 thirty (30) days prior to the election; provided further that any42

2 landowner who owns land in more than one (1) division may serve as1 the director only from the division nearest which he resides.; and2 (ii) Any landowner who owns land in more than one (1) division may3 serve as the director only from the division nearest which he re-4 sides.5 (b) Notwithstanding any other provision of this subsection, for dis-6 tricts of fifteen thousand (15,000) acres or less, and upon approval of7 two-thirds (2/3) of the board, a district landowner may serve as a di-8 rector from a division in which the landowner owns land as long as the9 landowner resides in the county where some portion of the district is10 located or in an adjoining county.11 (4) Candidates for election to the office of director of an irrigation12 district shall be nominated by nominating petitions on forms provided by the13 district. Each nominating petition shall:14 (a) Identify the name of the nominee;15 (b) Identify the office for which the nomination is made;16 (c) Identify the term for which nomination is made;17 (d) Be signed by at least six (6) electors in districts having less than18 one hundred (100) resident electors and by at least twelve (12) electors19 in districts having more than one hundred (100) resident electors; and20 (e) Be filed with the secretary of the district not less than forty (40)21 days or more than sixty (60) days before the date of election; and the22 names of the persons so nominated shall be placed upon the official bal-23 lot to be furnished by the district.24 (5) Each nominee shall subscribe to a nominee's oath on a form provided25 by the irrigation district and shall submit the oath to the secretary of the26 district with the written nomination. The oath shall:27 (a) Identify the land the nominee owns within the district;28 (b) Provide the address of the nominee's residence;29 (c) Certify that the nominee meets the residency and qualification re-30 quirements of subsection (3) of this section and section 43-111, Idaho31 Code; and32 (d) Certify that the nominee will meet such requirements on the date of33 election.34 The secretary of the district shall verify the qualifications of each nom-35 inee and shall, no more than seven (7) days after the close of filing, cer-36 tify the qualified nominees for inclusion on the election ballot. If at any37 time prior to the election, circumstances change so that a nominee no longer38 meets the qualification requirements of section 43-111, Idaho Code, the nom-39 inee shall be disqualified, shall not take office if elected, and shall im-40 mediately file with the secretary of the district a written withdrawal of his41 nomination for the office of director. The secretary shall not place on the42 election ballot the name of any candidate that does not meet the qualifica-43 tion requirements of section 43-111, Idaho Code.44

SECTION 2. An emergency existing therefor, which emergency is hereby45 declared to exist, this act shall be in full force and effect on and after46 July 1, 2026.47