Title 42, IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-613A. Proceeds from the lease of stored water — District retention — Control and use by advisory committee. The advisory committee of a water district created pursuant to section 42-604, Idaho Code, and chosen pursuant to section 42-605(6), Idaho Code, when appointed by the wa…

42-616. Budget — Action to collect charges — Attorney’s fees. The county treasurer or water district treasurer of a water district shall have the right to collect any charges due and unpaid, by civil action, said action to be brought in any court of competent jurisdiction, in the…

42-619. Alternate plan for payment of district expenses — treasurer — election — oath and bond — removal — compensation. (1) The county commissioners of any county, having determined that providing the service of payment of water district expenses by the county treasurer from wat…

42-701. Installation and maintenance of controlling works and measuring devices by water appropriators — Procedure upon failure to install and maintain — Measuring and reporting of diversions — Penalty for failure to comply — Enforcement procedure — Report filing fee. (1) The app…

42-702. Measuring devices above reservoirs. Any person, firm or corporation using the channel of any stream or streams or any tributary of such stream or streams in this state as an impounding reservoir shall place therein at a point above and as near as practicable to the backwa…

42-703. Measuring devices along streams. It shall also be the duty of those using water in any district to place in the streams from which said water is diverted and at such places and intervals on said streams as the department of water resources may require suitable systems or …

42-705. Director of the department of water resources authorized to create and supervise water measurement districts. The director of the department of water resources is authorized to create water measurement districts to carry out the water measuring requirements of this chapte…

42-706. Creation of water measurement districts. (1) The director of the department of water resources is authorized to divide the state into water measurement districts in such manner that each public water source or sources or part thereof shall constitute a water measurement d…

42-707. District meetings — District hydrographer and assistants — Election — Removal — Oath and bond — Advisory committee — District treasurer. (1) There shall be held, except as provided in subsection (2) of this section, on the first Monday in November in each year commencing …

42-708. Reports of district hydrographers. All district hydrographers shall make and certify annually a report to the department of water resources, in a form and containing the information required by the director of the department of water resources, prior to the expiration of …

42-709. Measurement of water. (1) It shall be the duty of the district hydrographer to: (a) Measure the diversion from the water supply within the district by each appropriator or water user, or as the director of the department of water resources may otherwise require, and repor…

42-710. District hydrographer’s term of service. A district hydrographer shall serve throughout the year from January 1 through December 31. The appropriators or water users of any water measurement district may, by resolution adopted at an annual meeting or at a special meeting …

42-711. Expenses of the district — Approval — Allotment and charge against water user. (1) District hydrographers shall prepare an accounting of all expenses of the district for the year. The accounting shall show: (a) The time charged to the district by each employee of the dist…

42-712. Proposed budget for succeeding year. Each district hydrographer shall, at least thirty (30) days prior to the annual meeting of the appropriators or water users of the water measurement district, also prepare and file with the department of water resources a proposed budg…

42-713. Budget of water measurement district — Adoption and contents — Debt of appropriator or water user. At any annual meeting the appropriators or water users must adopt a budget covering the estimated expenses of water measurements and data collection, as required in section …

42-714. Budget — Collection method — Enforcement. (1) The budget, when approved, shall be filed with the secretary of the meeting and the district treasurer and thereupon the district hydrographer shall immediately prepare and file a certified copy thereof with the director of th…

42-715. Duties of the water measurement district treasurer. (1) The water measurement district treasurer shall keep a complete, accurate and permanent record of all moneys received by and disbursed for and on behalf of the district. The water measurement district treasurer shall …

42-801. Conveyance of stored water through natural channel — Appointment of special deputy and assistants. Whenever the owner of a reservoir shall desire to use the bed of a stream, or a natural water course, for the purpose of carrying stored water, he shall in writing notify th…

42-802. Conveyance of stored water — Penalty for interference — Duty of special deputy. After the special deputy and his assistants shall have adjusted the headgates of all ditches, the owners of which are not entitled to the use of such stored water as provided in the preceding …

42-1001. Application to county commissioners. The county commissioners of each county now organized, and of each county to be hereafter organized in this state, shall, at their regular session in January of each year and at such other sessions as they in their discretion may deem…

42-1002. Setting date for hearing. Every such board of county commissioners shall, upon examination of such affidavit or affidavits, or from the oaths of witnesses thereto, if they find that the facts sworn to show the application to be in good faith, and that there are reasonabl…

42-1003. Service of notice of hearing — Depositions. At the time so fixed all persons interested as aforesaid, on either side of the controversy, in lands which may be irrigated by such ditch or other water-works aforesaid, may appear by themselves or by their agents or attorneys…

42-1004. Conduct of hearing — Order — Appeal. Said board of commissioners may adjourn or postpone any hearing from time to time as may be found necessary; but when in session they shall hear and examine all legal testimony or proofs offered by any party interested as aforesaid, a…

42-1005. Matters considered in fixing rate. In fixing the rates at which water shall be furnished, the board of commissioners shall take into consideration the cost of the works, the expense of keeping the same in repair, and all other conditions that affect the cost of deliverin…

42-1102. Owners of land — Right to right-of-way. (1) Owners or claimants to land that do not have sufficient length of frontage on a stream to afford the requisite fall for a ditch, canal, lateral, drain, or other conduit on their own premises for the proper irrigation or drainag…

42-1104. Right-of-way over state lands. The right-of-way over and upon any and all lands owned or controlled by the state of Idaho is hereby granted to any and all persons for the purpose of constructing and maintaining any ditch, canal, lateral, drain, conduit or other works for…

42-1105. RIGHT-OF-WAY FOR DIVERSION WORKS. A water right owner has the right to install, operate, and maintain diversion works at the authorized point of diversion in any of the waters of the state described in section 42-101, Idaho Code, for the purpose of diverting and conveyin…

42-1106. Right of eminent domain. In case of the refusal of the owners or claimants of any lands, through which any ditch, canal, lateral, drain, or conduit is proposed to be made or constructed, to allow passage thereof, the person or persons desiring the right-of-way may procee…

42-1107. Right of way for drains. Whenever the owner or owners of any parcel or parcels of land desire to construct a drain for the purpose of carrying off surplus water, and they cannot agree among themselves or with the parties who own land below through which it is expedient t…

42-1201. definitions. As used in this chapter, "irrigation conduit" means a ditch, canal, lateral, drain, pipeline, or other surface channel or buried conduit that is used to convey water to the place of use for the purposes of irrigation or to provide drainage of irrigated land.

42-1202. operation and maintenance of irrigation conveyance facilities. (1) Every person or entity owning or controlling any irrigation conduit for the purpose of irrigation shall: (a) During the time the irrigation conduit is operated to deliver water for irrigation, keep a flow…

42-1203. relocation and piping of irrigation conveyance facilities and drainage facilities. (1) Where any irrigation conduit has heretofore been, or may hereafter be, constructed across or beneath the lands of another: (a) The servient estate owner may, at his own expense, reloca…

42-1204. Easements, rights-of-way, and other real property not subject to adverse possession. (1) The easements, rights-of-way, or real property owned by irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage d…

42-1205. Encroachments on easements and rights-of-way. (1) Easements or rights-of-way operated, maintained, controlled, or owned by irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are essential…

42-1210. Injuring ditch or headgate — Triple damages. (1) No person shall, without the consent of a water delivery organization, as that term is defined in section 42-1301, Idaho Code, a lateral manager of a lateral water users’ association established pursuant to chapter 13, tit…

42-1211. LIABILITY FOR WASTE OF WATER. Any person entitled to the use of water from any ditch, canal, or conduit who willfully or wantonly wastes water in a manner that causes injury or damage to another person’s real property shall be liable in a civil action to the owner of the…

42-1301. definitions. As used in this chapter: (1) "Delivery point" means the location where a water delivery organization transfers the control of water to the water users on a lateral. (2) "Lateral" means any ditch, canal, or conduit not operated and maintained by a water deliv…

42-1302. lateral water users’ association organization — board of directors and lateral manager. (1) Water users who share a common lateral or laterals shall be members of and shall constitute a water users’ association known as a lateral water users’ association. (2) The associa…

42-1303. LATERAL MANAGER — duties — ALTERNATE METHODS OF ELECTION OR APPOINTMENT. (1) The lateral manager shall ascertain and ensure that the amount of water that each water user is entitled to receive is properly apportioned and distributed for the succeeding irrigation season. …

42-1304. Lateral manager — appointment by water delivery organization. (1) If an association’s water users do not elect or otherwise appoint a lateral manager pursuant to section 42-1302 or 42-1303, Idaho Code, the board of directors of the water delivery organization that delive…

42-1305. Lateral manager — appointment by director of department of water resources. (1) If water users taking water from the same point or points of diversion from any natural water source do not select or elect a lateral manager as provided in this chapter, then the director of…

42-1306. LATERALS — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS. (1) Water users shall keep their laterals in good condition for carrying and distributing water. (2) A water delivery organization may send written notices to water users or a lateral water users’ a…

42-1307. ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY. (1) On or before April 15, an association’s secretary-treasurer of the lateral water users’ association shall assess each water user for that year. Such assessment shall be due and payable on May 1 each year. If the asses…

42-1308. DELINQUENT water USERS NOT ENTITLED TO WATER. (1) No water user that has a delinquent assessment shall be entitled to demand or receive water from a lateral. (2) The lateral manager shall not distribute any water to the water user that has a delinquent assessment except …

42-1309. COLLECTION AND DISBURSEMENT OF FUNDS. (1) A lateral water users’ association’s lateral manager or secretary-treasurer shall collect all assessments made to the association and shall deposit the same into an account that is in the name of the association. (2) The secretar…

42-1310. ACTION FOR collection of delinquent Assessments — ATTORNEY’S FEES. (1) A lateral water users’ association’s board of directors or lateral manager, or the water delivery organization associated therewith, may sue to collect any delinquent assessments that are due and unpa…