Irrigation (31-3805) Notice
Compliance with Idaho Code Title 31-3805 is required on all subdivision plats, and certain Record of Surveys.
I.C. 31-3805(1) states that “No subdivision plat or amendment to a subdivision plat or any other plat or map recognized by the city or county for the division of land will be accepted, approved, and recorded . .” unless certain criteria are met. These criteria are outlined in the code section.
The statement that appears on most plats is redundant and meaningless, as it simply reiterates that the owner will comply with the code, without saying how the owner complied with the code. The intent of the code appears to be concerned with only two items.
1. Is the parcel in an irrigation district, and will irrigation water be delivered?
2. Will the owner of property within the subdivision have to pay an assessment?
· CAUTION: It may be possible for local jurisdictions to require an irrigation system using a water source that does not require irrigation water rights subject to this section of Idaho Code. Do not confuse irrigation water rights with either underground water rights or project specific requirements.
· A separate Irrigation Certificate (see examples below) may be used. If this option is selected, the Certificate will be examined to verify that the signatures match the signatures in the Certificate of Owners, and the name of the irrigation entity is correct. If a separate certificate is used, it may be easier to modify if the owner changes their mind at the last minute.
· It would appear that condominiums may be excluded from this statute requirement, since the project is not a “division of land”. However, we encourage the information to be added to the condominium plat, especially in a case where irrigation water is provided by an irrigation entity for use on the common area, or the condominium owners association will be subject to assessment for irrigation water.
For notes on the research for this section of Idaho Code, use this link to the research paper.
Review for Plats submitted after January 31, 2005
· A statement in the Certificate of Owners, that states in unambiguous terms, one of the following:
Ø If the land within a subdivision has been excluded from the irrigation district (31-3805(a)), the certificate should state specifically that;
“This plat complies with Idaho Code 31-3805(a), and Idaho Code 43-1117. The land included in this plat has been excluded from the irrigation district name, and said exclusion was recorded in the office of the Ada County Recorder as instrument number exclusion instrument number.”
Ø If the owner has provided irrigation for the subdivision (31-3805(b)), the certificate should state that irrigation has been provided under 31-3805(b), and the irrigation district shall be identified. If any other documents regarding license agreements, maintenance and ownership of the irrigation system are appropriate, they should be referenced in the notes on the face of the plat. Include the instrument numbers.
“Irrigation water has been provided from irrigation district name, in compliance with Idaho Code 31-3805(b). Lots within the subdivision will be entitled to irrigation water rights, and will be obligated for assessments from irrigation district name.”
Ø If the land within a subdivision has not provided irrigation to the lots, and has not been excluded from the irrigation district, the note should state specifically that the land has not been excluded from the district, the district shall be identified, and notification requirements as provided by 31-3805(2) shall be complied with..
“In compliance with the disclosure requirements of Idaho Code 31-3805(2), Irrigation water has not been provided for by the owner, and the lots shown on this plat shall be subject to assessments by irrigation district name ”
Ø If the land within a subdivision is not in an irrigation district, the note should state that the land is not in an irrigation district, and the requirements of 31-3805 are not applicable.
“The land within this plat is not within an Irrigation District as defined in Idaho Code 31-3805, and the requirements in I.C. 31-3805 are not applicable.”
Last revised: 4/17/2008 8:19:05 AM
Figure 1 - Example of Irrigation Certificate - Not in Certificate of Owners