Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-602. Director of the department of water resources to supervise water distribution within water districts. The director of the department of water resources shall have direction and control of the distribution of water from all natural water sources within a water district to …

42-603. Supervision of water distribution — Rules and regulations. The director of the department of water resources is authorized to adopt rules and regulations for the distribution of water from the streams, rivers, lakes, ground water and other natural water sources as shall b…

42-604. Creation of water districts. The director of the department of water resources shall divide the state into water districts in such manner that each public stream and tributaries, or independent source of water supply, shall constitute a water district: provided, that any …

42-605. District meetings — Watermaster and assistants — Election — Removal — Oath and bond — Advisory committee. (1) There shall be held on the first Monday in March in each year, except as provided in subsection (2) of this section, a meeting of persons owning or having the use…

42-605A. Nonconsumptive water rights — Assessments — Voting. (1) Notwithstanding other provisions of this chapter, the setting of annual water district assessments and the voting of permitted, licensed and decreed water rights administered by the watermaster solely for nonconsump…

42-606. Reports of watermasters. All watermasters shall make an annual report to the department of water resources prior to the expiration of the watermaster’s appointment for the current year. This report shall show the total volume of water delivered by the watermaster during t…

42-607. Distribution of water. It shall be the duty of said watermaster to distribute the waters of the public stream, streams, or water supply comprising a water district among the water users taking water therefrom according to the prior rights of each respectively, in whole or…

42-608. Watermaster’s term of service. (1) The director of the department of water resources, upon receipt of a certified copy of the meeting minutes and the oath of the watermaster as provided for in section 42-605, Idaho Code, shall appoint the watermaster to a term of service …

42-609. Watermaster’s assistants — Employment in emergency — Oath and compensation. A watermaster shall have power, in case of emergency, with the approval of the director of the department of water resources, to employ suitable assistants in addition to those who may have been a…

42-610. Compensation of watermasters — Allotment and charge against land — Charge against canal. The pay for the services of the watermaster and the watermaster’s assistants shall be assessed against the land of the water users to which said water was so delivered. The amount ass…

42-612. proposed water district budget for succeeding year — adoption and contents of Budget — Debt of water user. (1) Each watermaster shall, at least fourteen (14) days prior to the annual meeting of the water users of the water district, prepare a proposed budget for the succe…

42-613. BUDGET — FILING OF RESOLUTIONS AND COPIES — COLLECTION — TIME FOR COLLECTION OF BUDGET — PAYMENT OF DISTRICT EXPENSES BY COUNTY — WATER NOT DELIVERED UNTIL CHARGES PAID. (1) The budget when adopted shall be filed with the secretary of the meeting and thereupon the waterma…

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 …

42-901. Appointment of watermaster — Appointment by court. It shall be the duty of those owning or controlling any ditch, canal or lateral to appoint a superintendent or watermaster, whose duty it shall be to measure the water from such ditch, canal or lateral through the outlet …

42-902. Injuring ditch or headgate — Triple damages. Any person who, without the consent of the watermaster of the district, diverts any water from the ditch or channel where it was placed, or caused, or left to run by the watermaster or his deputies, or who shuts or opens any di…

42-903. Headgates and measuring devices — Water companies to furnish. Any person, association or corporation delivering or distributing water under any fixed annual charge or rental shall provide the necessary gates and measuring devices to render possible and practicable a measu…

42-904. Division of land into classes by priority. When any ditch, canal or reservoir delivering or distributing water to several users has one or more rights or priorities by reason of enlargements made from time to time, the right of the land being irrigated by such works shall…

42-905. Point of delivery. Any person, association or corporation which may contract to deliver a certain quantity of water to any party or parties, shall deliver the same to such party or parties, together with a reasonable and necessary allowance for loss by evaporation and see…

42-906. Amount and lien of rental or maintenance. The amount to be paid by said party or parties for the delivery of said water, which amount may be fixed by contract, or may be as provided by law, is a first lien upon the land for the irrigation of which said water is furnished …

42-907. Duties of consumers — Appointment of manager of distributing lateral. Where two (2) or more parties take water from said ditch, canal or reservoir at the same point, to be conveyed to their respective premises for any distance through the same lateral or distributing ditc…

42-908. Manager of distributing lateral — Alternative method of selection. Wherever two or more persons take water from any main ditch, canal or reservoir, at the same point, to be conveyed to their respective premises for any distance through the same lateral or distributing dit…

42-909. Manager of distributing lateral, ditch, or other conduit — Appointment by district watermaster — By directors of irrigation district canal company, or other irrigation entity — Payment of compensation. (1) If two (2) or more parties taking water from any main ditch, canal…

42-910. Duties of manager of distributing lateral — Assessment of repair and maintenance costs — Appeals. Such person shall be known as the manager of such distributing lateral for the season for which he is selected, and in addition to the powers granted to him by section 42-907…

42-911. Users of water defined. The term "users of water" from a community ditch shall be understood to include the owner of the land on which the water is used, or any tenant or other person in possession and control of said premises.

42-912. Company to furnish water on demand. Any person, company or corporation owning or controlling any canal or irrigation works for the distribution of water under a sale or rental thereof, shall furnish water to any person or persons owning or controlling any land under such …

42-913. Application for water. Any person or persons owning or controlling land which has or has not been irrigated from any such canal, shall on or before January first of any year, inform the owner or person in control of such canal whether or not he desires the water from said…

42-914. Sale or rental constitutes a dedication — Domestic purposes construed — Liability for violation. Whenever any waters have been or shall be appropriated or used for agricultural or domestic purposes under a sale, rental or distribution thereof, such sale, rental or distrib…

42-915. Consumer’s title not affected by transfer of ditch. When any payment is made under the terms of a contract, by means of which payment a perpetual right to the use of water necessary to irrigate a certain tract of land is secured, said water right shall forever remain a pa…

42-916. Liability for waste of water. No person entitled to the use of water from any such ditch or canal, must, under any circumstances, use more water than good husbandry requires for the crop or crops that he cultivates; and any person using an excess of water, is liable to th…

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…