Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-201. Water rights acquired under chapter — Illegal diversion and application of water — Uses for which water right not required — Exclusive authority of department. (1) All rights to divert and use the waters of this state for beneficial purposes shall hereafter be acquired an…

42-202. Application to appropriate water — Contents — Filing fees — Disposition of fees — Record of receipts. (1) For the purpose of regulating the use of the public waters and of establishing by direct means the priority right to such use, any person, association or corporation …

42-202A. Temporary approval — Application — Criteria — Exceptions. (1) Any person, association or corporation hereafter intending to use the waters of any natural streams, springs or seepage waters, lakes or ground water, or other public waters in the state of Idaho, for a minor …

42-202B. Definitions. Whenever used in this title, the term: (1) "Consumptive use" means that portion of the annual volume of water diverted under a water right that is transpired by growing vegetation, evaporated from soils, converted to nonrecoverable water vapor, incorporated …

42-203A. Notice upon receipt of application — Protest — Hearing and findings — Appeals. (1) Upon receipt of an application to appropriate the waters of this state, the department of water resources shall prepare a notice in such form as the department may prescribe, specifying: (…

42-203B. Authority to subordinate rights — Nature of subordinated water right and authority to establish a subordination condition — Authority to limit term of permit or license. (1) The legislature finds and declares that it is in the public interest to specifically implement th…

42-203C. Hydropower water right — Criteria for reallocation — Weight — Burden of proof. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to a…

42-203D. Review of permits — Opportunity for hearing. (1) The director of the department of water resources shall review all permits issued prior to July 1, 1985, which propose to divert water held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idah…

42-204. Examination — Permit — Commencement of work — Extensions — Appeal. (1) On receipt of the application, which shall be of a form prescribed by the department of water resources, it shall be the duty of that department to make an endorsement thereon of the date of its receip…

42-204A. APPROPRIATION OF GROUND WATER FOR SUPPLEMENTAL IRRIGATION USE. (1) The intent of this section is to conserve ground water resources and secure the maximum use and benefit from surface water resources in Idaho by requiring that permits to appropriate ground water to irrig…

42-205. Issuance of permit — Restrictions — Preference. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to …

42-206. Residence a requisite for issuance. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or pa…

42-207. Sale, transfer, assignment or mortgage of permit. Whenever the holder of a permit to appropriate water for power purposes within the state of Idaho, desires to sell, assign, transfer or mortgage such permit so held by him, he shall file with the director of the department…

42-208. Cancellation or revocation for noncompliance. Every permit to appropriate water for power purposes hereafter issued by the director of the department of water resources shall have plainly printed thereon, that the same is issued subject to the provisions of this act and i…

42-209. Effect of illegal transfer. Every permit to appropriate water for power purposes that shall be sold, transferred, assigned or mortgaged in violation of the provisions of this act shall be immediately canceled, and the transfer thereof shall not be binding on the state of …

42-210. Application of act. The provisions of this act shall not apply to any municipal corporations within the state.

42-211. Amended application or permit — Appeals. Whenever a permit has been issued pursuant to the provisions of this act, and the permit holder desires to change the place, period, or nature of the intended use, or make other substantial changes in the method of diversion or pro…

42-212. Diversion of private waters. The department of water resources is hereby prohibited from issuing or granting permits to divert or appropriate the waters of any lake not exceeding five (5) acres in surface area at highwater mark, pond, pool or spring in this state, which i…

42-213. Diversion of private waters — Applicants must show right of way. All applications to the department of water resources for permits to divert or appropriate the waters of any lake, pond, pool or spring shall state whether such lake, pond, pool or spring is wholly or entire…

42-217. Proof of application to beneficial use. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit h…

42-217a. Certified water right examiner. The director shall adopt all necessary rules and regulations setting forth the procedures and requirements for qualification of licensed professional engineers or geologists to become certified water right examiners. An initial application…

42-218. Proof of application to beneficial use — Extension of time. Whenever a less period of time than the maximum prescribed in section 42-204 has been granted by the department of water resources for making proof of beneficial use, upon a satisfactory showing being made by the…

42-218a. Lapse of application for failure to request extension or submit proof of application to beneficial use — Notice of lapsing. (1) A permit upon which the proof of beneficial use, or an incremental statement of completion showing proof of beneficial use, has not been submit…

42-219. Issuance of license — Priority. (1) Upon receipt by the department of water resources of all the evidence in relation to such final proof, it shall be the duty of the department to carefully examine the same, and if the department is satisfied that the law has been fully …

42-220. Effect of license. Water right licenses shall be binding upon the state as to the right of such licensee to use the amount of water mentioned therein and shall be prima facie evidence as to such right; and all rights to water confirmed under the provisions of this chapter…

42-221. Fees of department. The department of water resources shall collect the following fees, which shall constitute a fund to pay for legal advertising, the publication of public notices and for investigations, research, and providing public data as required of the department …

42-222. Change in point of diversion, place of use, period of use, or nature of use of water under established rights — Forfeiture and extension — Appeals. (1) Any person, entitled to the use of water whether represented by license issued by the department of water resources, by …

42-222A. Temporary changes during drought conditions. (1) Upon declaration of a drought emergency for an area designated by the director of the department of water resources and approved by the governor of the state of Idaho, the director of the department of water resources is a…

42-222B. Irrigation Corporation Boundary Adjustments. (1) A change to the generally described place of use of a water right held by any corporation organized for the operation, control, or management of an irrigation project or canal system may be made without applying for a chan…

42-223. Exceptions or defenses to forfeiture. A right to the use of water shall not be lost by forfeiture pursuant to the provisions of section 42-222, Idaho Code, for a failure to apply the water to beneficial use under the conditions specified in any subsection of this section.…

42-224. forfeiture of stockwater rights. (1) Within thirty (30) days of receipt by the director of the department of water resources of a petition or other information that a stockwater right has not been put to beneficial use for a term of five (5) years, the director must deter…

42-226. Ground waters are public waters. The traditional policy of the state of Idaho, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the ground water resources of this state as …

42-227. Drilling and use of wells for domestic purposes excepted. (1) Except as provided in subsection (4) of this section, excavation and opening of wells and the withdrawal of water therefrom for domestic purposes or uses as defined in section 42-111, Idaho Code, shall not be s…

42-228. Drilling and use of wells for drainage or recovery purposes excepted. The excavation and opening of wells and the withdrawal of water therefrom for the sole purpose of improving or preserving the utility of land by draining them shall not be forbidden or governed by this …

42-229. Methods of appropriation. The right to the use of ground water of this state may be acquired only by appropriation. Such appropriation may be perfected by means of the application permit and license procedure as provided in this act; provided, however, that in the event a…

42-230. Definitions. (a) "Ground water" is all water under the surface of the ground whatever may be the geological structure in which it is standing or moving. (1) All ground water having a temperature of greater than eighty-five (85) degrees Fahrenheit and less than two hundred…

42-231. Duties of the director of the department of water resources. In addition to other duties prescribed by law, it shall be the duty of the director of the department of water resources to conduct investigations, surveys and studies relative to the extent, nature and location…

42-232. Ground water recharge program — Negotiations with bureau of reclamation. The director of the department of water resources is hereby authorized and directed to institute negotiations with the United States bureau of reclamation and the senators and representatives represe…

42-233. Low temperature geothermal resource. (1) The right to the use of low temperature geothermal resources of this state shall be acquired by appropriation, except as provided in subsection (2) of this section. The appropriation may be perfected by means of the application, pe…

42-233a. "Critical ground water area" defined — Public hearings — Publication of notice — Granting or denial of application — Appeal. "Critical ground water area" is defined as any ground water basin, or designated part thereof, not having sufficient ground water to provide a rea…

42-233b. Ground water management area. "Ground water management area" is defined as any ground water basin or designated part thereof which the director of the department of water resources has determined may be approaching the conditions of a critical ground water area. Upon des…

42-233c. Eastern snake plain aquifer AREA HAVING COMMON GROUND WATER SUPPLY. (1) The area having a common ground water supply for the eastern Snake plain aquifer, as that term is used in the administration of water rights pursuant to the rules for the conjunctive management of su…

42-234. Ground water recharge — Authority of department to grant permitS AND LICENSES. (1) It is the policy of the state of Idaho to promote and encourage the optimum development and augmentation of the water resources of this state. The legislature deems it essential, therefore,…

42-235. Drilling permits. Prior to beginning construction of any well, or changing the construction of any well, the driller or well owner shall obtain a permit from the director of the department of water resources to protect the public health, safety and welfare and the environ…

42-237. Abandonment of water right — Change of point of diversion and place of use. The provisions relating to loss of water rights by nonuse and abandonment, as set forth in section 42-222, shall apply to ground water rights. The provisions of section 42-222, relating to change …

42-237a. Powers of the director of the department of water resources. In the administration and enforcement of this act and in the effectuation of the policy of this state to conserve its ground water resources, the director of the department of water resources in his sole discre…

42-237e. Appeals from actions of the director of the department of water resources. Any person dissatisfied with any decision, determination, order or action of the director of the department of water resources made pursuant to this act may, if a hearing on the matter already has…

42-237f. Adjudication of water right. The provisions of sections 42-1401—42-1405, Idaho Code, relative to adjudication of water rights shall be applicable to all water rights acquired under this act.

42-237h. Duties of the attorney general. It shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in this chapter and to prosecute actions or proceedings for the enforcement of any criminal provisions of t…

42-238. Well drillers’ licenses and operator permits. (1) The director of the department of water resources is hereby vested with the duties relating to the licensing of well drillers and operators of well-drilling equipment as provided for in this act so as to protect the ground…