Idaho § 50-1334 - Review of water systems encompassed by plats

§ 50-1334. Review of water systems encompassed by plats

Whenever any plat is subject to the terms and requirements of sections 50-1326 through 50-1329 , Idaho Code, no person shall offer for recording, or cause to be recorded, a plat unless he or she shall have certified that he or she is in compliance with section 31-3805 (2), Idaho Code, and that at least one (1) of the following is the case:

(1) The individual lots described in the plat will not be served by any water system common to one (1) or more of the lots, but will be served by individual wells.

(2) All of the lots in the plat will be eligible to receive water service from an existing water system, be the water system municipal, a water district, a public utility subject to the regulation of the Idaho public utilities commission, or a mutual or nonprofit water company, and the existing water distribution system has agreed in writing to serve all of the lots in the subdivision.

(3) If a new water system will be developed to serve the subdivision, the entity in charge of that system has or will have sufficient contributed capital to allow the water system’s wells, springboxes, reservoirs, and mains to be constructed to provide service without further connection charges or fees required to lot owners, except for connection of laterals, meters or other plant exclusively for the lot owner’s own use.

Failure to comply with this section is a misdemeanor subject to the provisions of section 50-1329 , Idaho Code. The certification must be filed or recorded as part of the plat document preserved for public inspection. Lot owners in the subdivision shall be entitled to the benefits of subsection (3) of this section when that option is chosen.

[50-1334, added 1990, ch. 178, sec. 1, p. 377; am. 2025, ch. 129, sec. 9, p. 669; am. 2026, ch. 2, sec. 4, p. 9.]