Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
42 chapters · 846 sections in this title.
Idaho Code § 42-239 Interpretation
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42-239. Interpretation. The executive and judicial departments of the state shall construe the provisions of this act, wherever possible in harmony with the provisions of title 42, Idaho Code, as amended; and nothing herein shall be construed contrary to or in conflict with the p…
Idaho Code § 42-240 Application for right to exchange water — Filing fee — Notice — Protest — Hearing — Approval or denial — Appeal
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42-240. Application for right to exchange water — Filing fee — Notice — Protest — Hearing — Approval or denial — Appeal. (1) Any person holding a right for the use of surface water may make application to the director of the department of water resources to exchange water authori…
Idaho Code § 42-241 Purpose
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42-241. Purpose. The future growth and development of the state is dependent upon effective management and efficient use of the state’s water resources. The purpose of this act is to provide adequate records of water right claims for efficient administration and to aid in the pro…
Idaho Code § 42-242 Definitions
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42-242. Definitions. Whenever used in this act, the terms: (1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho, and the United States of America when claiming water…
Idaho Code § 42-243 Filing of claims of rights established by diversion and use — Form and content of claim
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42-243. Filing of claims of rights established by diversion and use — Form and content of claim. In order to allow for the recording of historic uses of the waters of this state, any person using or claiming rights to the use of water for uses other than domestic purposes, which …
Idaho Code § 42-244 Recording of claims by department — Corrections
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42-244. Recording of claims by department — Corrections. Upon receipt of any claim submitted under this chapter, together with the statutory filing fee as set forth in section 42-221, Idaho Code, it shall be the duty of the department of water resources to file and to maintain a …
Idaho Code § 42-245 Failure to file claim waives and relinquishes right
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42-245. Failure to file claim waives and relinquishes right. Any person claiming the right to divert or withdraw and use waters of the state who fails to file a claim as provided in section 42-243, Idaho Code, shall be conclusively deemed to have waived and relinquished any right…
Idaho Code § 42-246 Filing of claim not deemed adjudication of right — Evidence
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42-246. Filing of claim not deemed adjudication of right — Evidence. The filing of a claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one (1) or more water use claimants and another…
Idaho Code § 42-248 Notification of change in ownership of a water right or change of address of a water right owner — Notice of action affecting a water right
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42-248. Notification of change in ownership of a water right or change of address of a water right owner — Notice of action affecting a water right. (1) All persons owning or claiming ownership of a right to use the water of this state, whether the right is represented by decree …
Idaho Code § 42-250 Water conservation
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42-250. Water conservation. (1) The legislature finds that voluntary water conservation practices and projects can advance the policy of the state of Idaho to promote and encourage the conservation, development, augmentation and utilization of the water resources of this state. T…
Idaho Code § 42-251 APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM FLOW MAINTENANCE — LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE MANAGEMENT OF SUCH USE
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42-251. APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM FLOW MAINTENANCE — LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE MANAGEMENT OF SUCH USE. (1) Legislative Findings. (a) In the a…
Idaho Code § 42-252 limitations on consumptive use — data centers
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42-252. limitations on consumptive use — data centers. Data centers, as that term is defined in section 63-3622VV, Idaho Code, that begin construction on or after July 1, 2026, may not use water for cooling purposes as a consumptive use, unless the water is supplied by a municipa…