Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-1401. Legislative intent. The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified: (1) to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved wate…

42-1401A. Definitions. The following terms are defined for purposes of this chapter as follows: (1) "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted. (2) …

42-1401B. Role of the director in an adjudication. (1) The director’s role under this chapter is as an independent expert and technical assistant to assure that claims to water rights acquired under state law are accurately reported in accordance with the procedures of chapter 14…

42-1401C. Role of state agencies other than the Idaho department of water resources in an adjudication. (1) Each state agency, and the Idaho water resource board may file a claim and appear separately in any adjudication through the attorney general. This section shall not apply …

42-1401D. Jurisdictional limitation. Review of an agency action of the department of water resources, which is subject to judicial review or declaratory judgment under the provisions of chapter 52, title 67, Idaho Code, shall not be heard in any water rights adjudication proceedi…

42-1402. Decreed rights appurtenant to land — Water rights established under federal law excepted. In allotting the waters of any water system by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which…

42-1403. Certified copies of allotments. It shall be the duty of the clerk of the district court in each of the counties of this state to prepare at the expense of the county, and transmit without delay to the department of water resources by express or registered mail, a certifi…

42-1404. Private actions for adjudication of water rights. (1) Any claimant may file suit in the district court for the county in which the point of diversion or place of use of the claimed right is located for the purpose of adjudicating rights to the use of water from any water…

42-1405. General adjudication — Public interest. (1) Five (5) or more or a majority of the users of water from any water system may petition the director to request the attorney general to file an action to commence a general adjudication. If the director deems that the public in…

42-1406. General adjudication — Contents of petition. (1) A petition for a general adjudication shall contain among other things, the following: (a) a description of the proposed boundaries of the water system to be adjudicated and administered; (b) a statement of why the public …

42-1406B. Northern Idaho water rights adjudications — Commencement. (1) Effective management of the waters of northern Idaho requires that a comprehensive determination of the nature, extent and priority of the rights of users of surface and ground water be determined. Therefore,…

42-1406C. BEAR RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT. (1) Effective management of the waters of the Bear River basin requires that a comprehensive determination of the nature, extent, and priority of the rights of all users of surface and ground water be determined. Ther…

42-1406D. KOOTENAI RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT. (1) Effective management of the waters of the Kootenai River basin requires that a comprehensive determination of the nature, extent, and priority of the rights of all users of surface and ground water be determin…

42-1407. General adjudication — Venue — Notice of filing — Commencement order. (1) A general adjudication shall be brought in any district court in which any part of the water system within the state of Idaho is located. The clerk of the district court in which the petition is fi…

42-1408. Service of notice of order commencing a general adjudication. (1) Upon entry of a district court’s order commencing a general adjudication, the director shall prepare a notice of order, using plain and concise language, that contains the following information or enclosur…

42-1409. Notice of claim. (1) The director shall prepare and furnish on request a standard notice of claim form. The notice of claim form shall include the following: (a) The name and address of the claimant; (b) The source of water; (c) The quantity of water claimed: (i) The qua…

42-1409A. Amendment of notice of claims — Late notice of claims. (1) A claimant may amend a notice of claim or file a late notice of claim at any time prior to the final date for filing notices of claim in the notice of second round service as provided in subsection (4) of sectio…

42-1410. Examination of water system and of claims. (1) Upon entry of the court’s order commencing a general adjudication, or as provided in section 42-1404 or 42-1424, Idaho Code, the director shall commence an examination of the water system, the canals and ditches and other wo…

42-1411. Report of the director. (1) The director shall prepare a director’s report on the water system. The director may file the director’s report in parts as the director deems appropriate. The director may include such explanatory material as he deems appropriate in the direc…

42-1411A. Service of notice of and determination of water rights established under federal law. (1) The district court shall determine the water rights established under federal law in accordance with the procedures established in this section. (2) The district court shall determ…

42-1412. Objections — Responses to objections — Hearing before district judge — Entry of final decree. (1) Any claimant who desires to object to a water right, or to a general provision in the director’s report, shall file an objection with the district court within the time spec…

42-1413. Filing of final decree. (1) When a decree has become final in an adjudication in which the director filed a report, the director shall file a certified copy of the decree or a transcript thereof in the office of the county recorder of each county in which the place of us…

42-1414. Fees for filing notice of claims with the director. (1) In order to provide an adequate and equitable cost-sharing formula for financing the costs of adjudicating water rights the department of water resources shall accept no notice of claim required under the provisions…

42-1415. Enforcement of filing fees. After filing of the director’s report in a general adjudication, the director may prohibit in accordance with chapter 3, title 42, Idaho Code, the diversion and use of water in satisfaction of a right claimed or decreed in the adjudication upo…

42-1416B. Claim for expanded use in critical ground water area — Determination of water availability. (1) Within any critical ground water area designated pursuant to section 42-233a, Idaho Code, a claim to the expanded use of a ground water right, which use was expanded in viola…

42-1417. General adjudication — Interim administration of water rights. (1) The district court may permit the distribution of water pursuant to chapter 6, title 42, Idaho Code: (a) in accordance with the director’s report or as modified by the court’s order; (b) in accordance wit…

42-1418. Appeals. An appeal may be taken to the supreme court from an order, partial decree, or decree of the district court in any adjudication proceeding as provided by rule or order of the supreme court.

42-1419. Entry of an order commencing a general adjudication on a special docket — Constructive notice — Filing of certified copy of order in other counties. (1) The clerk of the district court shall enter an order commencing a general adjudication on a special docket for water r…

42-1420. Binding effect of decree — Exceptions. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to fi…

42-1421. Procedures for adjudication of unperfected water rights initiated under state law — Director’s jurisdiction. (1) All persons claiming a water right based on an application or permit on the date of entry of the order commencing a general adjudication are not required to f…

42-1422. Special master — Appointment — Powers and duties — Compensation — Disqualification — Review of special master’s report. (1) The district court may appoint one (1) or more special masters in any general adjudication. (2) The district court shall specify the powers and dut…

42-1423. Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee. No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water…

42-1424. Summary supplemental adjudication of water rights. (1) Where an adjudication of a water system has been commenced prior to July 1, 1986, or where an adjudication of a water system has been commenced pursuant to subsection (3) of section 42-1404, Idaho Code, resulting in …

42-1425. Accomplished transfers. (1) Legislative findings regarding accomplished transfers and the public interest. (a) The legislature finds and declares that, prior to the commencement of the Snake River basin adjudication, the northern Idaho adjudications, the Bear River basin…

42-1426. Enlargements — Waiver of mandatory permit requirements. (1) Legislative findings regarding enlargements: (a) The legislature finds that several adjudications of water rights were commenced or will be commenced in the state of Idaho subsequent to the mandatory permit syst…

42-1427. Descriptions of water rights — Reporting and decreeing elements of a decreed or licensed water right. (1) Legislative findings: (a) The legislature finds that existing water rights are not uniformly described. Many old water rights were simply defined by source, priority…

42-1428. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remainin…