Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
43 chapters · 868 sections in this title.
Idaho Code § 42-101 Nature of property in water
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42-101. Nature of property in water. Water being essential to the industrial prosperity of the state, and all agricultural development throughout the greater portion of the state depending upon its just apportionment to, and economical use by, those making a beneficial applicatio…
Idaho Code § 42-102 Measurement of water
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42-102. Measurement of water. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, and it shall be the duty of the department of water resources to devise a simple, uniform system for the measurement and distribution of …
Idaho Code § 42-103 Right acquired by appropriation
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42-103. Right acquired by appropriation. The right to the use of the unappropriated waters of rivers, streams, lakes, springs, and of subterranean waters or other sources within this state shall hereafter be acquired only by appropriation under the application, permit and license…
Idaho Code § 42-104 Appropriation must be for beneficial purpose
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42-104. Appropriation must be for beneficial purpose. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.
Idaho Code § 42-105 Use of natural waterways — Measurement of commingled water — Approval of right to exchange water
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42-105. Use of natural waterways — Measurement of commingled water — Approval of right to exchange water. (1) The water that a person is entitled to divert by reason of a valid water right may be turned into the channel of a natural waterway and mingled with its water, and then r…
Idaho Code § 42-106 Priority
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42-106. Priority. As between appropriators, the first in time is first in right.
Idaho Code § 42-107 Priority — Waste, seepage, and spring waters
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42-107. Priority — Waste, seepage, and spring waters. All ditches now constructed or which may hereafter be constructed for the purpose of utilizing seepage, waste or spring water of the state, shall be governed by the same laws relating to priority of right as those ditches, can…
Idaho Code § 42-108 Change in point of diversion, place of use, period of use, or nature of use — Application of act
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42-108. Change in point of diversion, place of use, period of use, or nature of use — Application of act. The person entitled to the use of water or owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of the constitutio…
Idaho Code § 42-108A Leasing of water for hydroelectric generation — Exception to requirement of application to change nature of use
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42-108A. Leasing of water for hydroelectric generation — Exception to requirement of application to change nature of use. Any person having the right to the beneficial use of a water right may lease the water to a private or public utility doing business in the state of Idaho for…
Idaho Code § 42-108B Leasing of water under established rights — Notice — Appeal
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42-108B. Leasing of water under established rights — Notice — Appeal. Any person, entitled to the use of water whether represented by a license issued by the department of water resources, or by decree of the court, who shall desire to lease the water pursuant to section 42-108A,…
Idaho Code § 42-109 Change in course of ditch — When prohibited
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42-109. Change in course of ditch — When prohibited. Whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or…
Idaho Code § 42-110 Right to divert water
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42-110. Right to divert water. The proprietors of any ditch, canal or conduit, or other works for the diversion and carriage of water, whose right relative to the quantity of water they shall be entitled to divert by means of such works shall have been established by any valid cl…
Idaho Code § 42-111 Domestic purposes defined
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42-111. Domestic purposes defined. (1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243, and 42-1401A, Idaho Code: (a) The phrase "domestic purposes" or "domestic uses" means: (i) The use of water for homes, organization camps, public campgrounds, …
Idaho Code § 42-112 Completion defined
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42-112. Completion defined. By completion is meant conducting the waters to the place of intended use.
Idaho Code § 42-113 In-stream and other water use for livestock
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42-113. In-stream and other water use for livestock. (1) A permit may be issued, but shall not be required for appropriation of water for the in-stream watering of livestock. In the consideration of applications for permits to appropriate water for other purposes, the director of…
Idaho Code § 42-114 Stock watering permit
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42-114. Stock watering permit. Any permit issued for the watering of domestic livestock shall be issued to the person or association of persons making application therefor and the watering of domestic livestock by the person or association of persons to whom the permit was issued…
Idaho Code § 42-115 storage
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42-115. storage. To ensure that new or proposed projects to store more than one thousand (1,000) acre feet of surface water do not interfere with the storage of water in existing on-stream storage reservoirs operated for storage and flood control purposes, the director of the dep…