FALWUA (Fairview Acres Lateral Water Users Association) is a private, non-profit Association existing under the laws of the State of Idaho, including, but not limited to, Title 42, Chapter 13 of the Idaho Code (Title 42 – Idaho State Legislature).
It was incorporated as a Lateral Ditch Association in 1949 and has been designated by the Idaho Department of Water Resources as the irrigation entity for approximately 402 acres in Garden City (you will find attached FALWUA’s Articles & Certificate of Incorporation).
The Association holds water rights (Water Right Nos. 63-121 and 63-122), in trust for its members, which date back to the 1886 and authorize the diversion from the Boise River and delivery to its members within its authorized service area. The Association also has a contract entitlement to storage water in Lucky Peak Reservoir to supplement its natural flow water rights (note: this storage entitlement is often referred to as the “Dam Fees”). The Association in turn delivers water through the Association’s ditch system to the members on lands within its service area.
FALWUA is governed by a volunteer board of directors elected every 2 years. The board of directors has a fiduciary responsibility to operate the system and ensure members pay their fair share of system costs.
FALWUA members are all persons or entities that own or possess and control land in the Fairview Acres service area that receive or could reasonably receive water from the points of delivery. Each parcel owner has the responsibility for paying a share of the Lucky Peak Reservoir storage fees and lateral waters system operation, improvement, repair and maintenance fees. Whenever irrigation water is reasonably available to a property, whether it is used or not, the property owner is expected to pay the annual assessment. Each parcel is billed on an annual basis. Unpaid bills are subject to late fees and penalties per state law. Ultimately, FALWUA is allowed to place a lien on the property until late fees and penalties are paid.
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