Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-2001. Acceptance of the Carey Act. The state of Idaho accepts the conditions of section 4 of an act of congress, entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes," approved Augus…

42-2002. Duties of department. The department of water resources shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this chapter; keep for public inspection maps or plats, on a scale of two (2) inches to…

42-2003. Proposals to construct irrigation works. Any person, company of persons, association or incorporated company, constructing, having constructed or desiring to construct, ditches, canals or other irrigation works to reclaim land under the provisions of this chapter, shall …

42-2004. Certified check to accompany proposal. A certified check for a sum not less than $250 nor more than $2500, as may be determined by the rules of the department, shall accompany each request and proposal, the same to be held as a guaranty of the execution of the contract w…

42-2005. Application for appropriation permit to be filed. The person, company of persons, association or incorporated company making application to the department of water resources for the selection of lands by the state, shall have filed with the department an application for …

42-2006. Submission of proposal to department. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department …

42-2007. Action by the department on proposal for segregation. It shall be the duty of the department to satisfy itself as to the financial ability of the applicant to do the things which will be required to be done in the event the application is approved. In case of approval, t…

42-2008. Adverse report by department. In case the department of water resources shall report adversely upon the proposed irrigation works, or where requests and proposals are not approved by the department, the said department shall notify the parties making such proposal of suc…

42-2009. Contract for construction of reclamation works. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain co…

42-2010. Contract for construction — Limitations on terms. No contract shall be made by the department which requires a greater time than five (5) years for the construction of the works, but such time may be extended by the department for a period not exceeding three (3) years. …

42-2011. Forfeiture of contract for contractor’s default — Sale of project. Upon the failure of any parties having contracts with the state for the reclamation of lands segregated under the Carey Act to commence the construction of such ditches, canals or other irrigation works w…

42-2012. State not to be responsible for work. Nothing in this chapter shall be construed as authorizing the director to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors t…

42-2013. Entry, settlement, and cultivation of lands — Publication of notice of opening — Preference to ex-service persons. Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractor, it shall be the…

42-2013A. Preference. Any other provision of this chapter notwithstanding, any person or group of persons proposing a project as provided in section 42-2003, Idaho Code, who intend to apply for settlement and entry of the lands for which the project is proposed, shall be given th…

42-2014. Application to enter — Preference to ex-service person — "Ex-service person" defined. Any citizen of the United States or any person having declared his intention to become a citizen of the United States may make application under oath, to the department of water resourc…

42-2015. State land officials and employees not to enter land. It shall be unlawful for any state official or state employee or appointee of this state having anything to do, directly or indirectly, with the disposal of Carey Act or other public lands of this state, during his or…

42-2016. Duty of department. It shall be unlawful for the department of water resources, or for any public officer or agent of the state having immediate charge of the filing and entering and distribution of Carey Act lands, during his term of office, to issue to any of the perso…

42-2017. Penalty for violating preceding sections. Any of said officers, employees, appointees or agents aforesaid who shall violate any of the provisions of the two (2) preceding sections shall be punished by a fine not to exceed $1000, or by imprisonment in the penitentiary of …

42-2018. Carey Act trust fund — Continuing appropriation. As provided in the act of congress all moneys received by the department of water resources from the sale of lands selected under the provisions of this chapter shall be deposited with the state treasurer, and such sums as…

42-2019. Proof of reclamation and settlement — Patent. Within one (1) year after any person, company, or persons, association or incorporated company authorized to construct irrigation works under the provisions of this chapter shall have notified the settlers under such works th…

42-2020. Settlement after notice of availability of water. Where land was unentered at the time that the person, company or corporation authorized to construct irrigation works under the provisions of this chapter gave notice to the settlers under such works that they were prepar…

42-2021. Final proof after death of entryman. In all cases where lands have been entered under the provisions of section 42-2014 where entryman or his assignee has died prior to making final proof of reclamation, settlement and occupation, proof of reclamation may be made by an e…

42-2022. Issuance of patent. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the sett…

42-2023. Lands eliminated from project — Repayment of fees, commissions, and purchase moneys — Repayment upon cancellation of entry. In all cases where it shall, upon due proof being made, appear to the satisfaction of the director of the department of water resources that person…

42-2024. Manner of repayment. Such claim shall be paid from the funds herein appropriated by warrant drawn by the state controller upon the treasurer of the state upon allowance of a verified claim by the state board of examiners in the manner provided by law, but no claim shall …

42-2025. Appurtenancy of water rights. The water rights to all lands acquired under the provisions of this chapter shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.

42-2026. Lien for purchase price of water right. Any person, company or association, furnishing water for any tract of land, shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to …

42-2027. Record of water contract. The contract for the water right upon which the aforesaid lien is founded shall be recorded in the office of the recorder of the county where said land is situate.

42-2028. Foreclosure of lien. Upon default of any of the deferred payments secured by any lien under the provisions of this chapter, the person, company of persons, association or incorporated company, holding or owning said lien, may foreclose the same according to the terms and…

42-2029. Foreclosure sale. All sales shall be advertised in a newspaper of general circulation, published in the county where said land and water right is situate, for three (3) consecutive weeks, and shall be sold to the highest bidder at the front door of the courthouse of the …

42-2030. Foreclosure sale — Limitation on bid of lienholder. At such sale no person, company of persons, association or incorporated company, owning and holding any lien, shall bid in or purchase any land or water right at a greater price than the amount due on said deferred paym…

42-2031. Record of certificate of sale. Upon issuing any certificate of sale it shall be the duty of the sheriff to file for record in the office of the recorder of the county where such land is situated, a certified copy of such certificate of sale.

42-2032. Disposition of proceeds of sale. Where such land and water rights are not purchased by the lienholder at such foreclosure sale, it shall be the duty of the sheriff to first pay the lienholder out of the proceeds of such sale, the amount of the lien, together with all int…

42-2033. Redemption by owner. At any time within nine months after the foreclosure sale by the sheriff of the land and water rights aforesaid, the original owner against whom the lien has been foreclosed, may apply to the person, company of persons, association or incorporated co…

42-2034. Redemption purchase by prospective settler. Where the lienholder becomes the purchaser at such foreclosure sale, if such land and water rights are not redeemed by the original owner within nine (9) months, then at any time within three (3) months after the expiration of …

42-2035. Sheriff’s deed to purchaser on foreclosure. If the land and water rights shall not be redeemed by any person within the times and in the manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purcha…

42-2036. Rights of way for canals. The maps in the office of the department of water resources of the lands selected under the provisions of this chapter shall show the location of the canals or other irrigation works approved in the contract with the department, and all lands fi…

42-2037. Department to prescribe rules — Reports of contractors — Waiver of rules. The department of water resources shall provide suitable rules for the filing of proposals for constructing irrigation works, and for the entry of and payment for the land by settlers, and for the …

42-2038. Fees of department — Duties of employees. The director shall prescribe the duties of all its employees and shall collect the following fees: (1) For filing an application requesting temporary withdrawal–each project application shall be accompanied by the guaranteed depo…

42-2039. Restoration of lands authorized. The legislature hereby recognizes and acknowledges the need to assure replacement of the grazing and wildlife land uses displaced by Carey Act developments. In order to facilitate such replacements, any settlers having contracts with the …

42-2040. Suits by department. All suits or actions under the provisions of this chapter, shall be brought by the director of the department of water resources.

42-2041. Indian Hills Project — Legislative finding. The legislature finds and declares that the development and settlement of arid lands under the Carey Act as provided in chapter 20, title 42, Idaho Code, and development of Carey Act projects by the Idaho water resource board a…

42-2042. Authorization — Financing. Pursuant to section 42-1756, Idaho Code, the Idaho water resource board is authorized to plan, finance, construct, acquire, operate, own, maintain, and be the project sponsor and developer of a water resource development project as provided in …

42-2043. Source of lands. If the lands in the project area become available to the state of Idaho by direct grant from the United States, other than through provisions of the Carey Act, the Idaho water resource board is authorized to proceed, as set forth in this act, as though t…

42-2044. Exemption from appropriation restrictions. The development of the water project authorized in this act is hereby declared to be exempt from the provision expressed in the last sentence of Section 1 of Chapter 470, Idaho Laws of 1969.