Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
43 chapters · 868 sections in this title.
Idaho Code § 42-1418 Appeals
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42-1418. Appeals. An appeal may be taken to the supreme court from an order, partial decree, or decree of the district court in any adjudication proceeding as provided by rule or order of the supreme court.
Idaho Code § 42-1419 Entry of an order commencing a general adjudication on a special docket — Constructive notice — Filing of certified copy of order in other counties
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42-1419. Entry of an order commencing a general adjudication on a special docket — Constructive notice — Filing of certified copy of order in other counties. (1) The clerk of the district court shall enter an order commencing a general adjudication on a special docket for water r…
Idaho Code § 42-1420 Binding effect of decree — Exceptions
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42-1420. Binding effect of decree — Exceptions. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to fi…
Idaho Code § 42-1421 Procedures for adjudication of unperfected water rights initiated under state law — Director’s jurisdiction
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42-1421. Procedures for adjudication of unperfected water rights initiated under state law — Director’s jurisdiction. (1) All persons claiming a water right based on an application or permit on the date of entry of the order commencing a general adjudication are not required to f…
Idaho Code § 42-1422 Special master — Appointment — Powers and duties — Compensation — Disqualification — Review of special master’s report
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42-1422. Special master — Appointment — Powers and duties — Compensation — Disqualification — Review of special master’s report. (1) The district court may appoint one (1) or more special masters in any general adjudication. (2) The district court shall specify the powers and dut…
Idaho Code § 42-1423 Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee
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42-1423. Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee. No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water…
Idaho Code § 42-1424 Summary supplemental adjudication of water rights
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42-1424. Summary supplemental adjudication of water rights. (1) Where an adjudication of a water system has been commenced prior to July 1, 1986, or where an adjudication of a water system has been commenced pursuant to subsection (3) of section 42-1404, Idaho Code, resulting in …
Idaho Code § 42-1425 Accomplished transfers
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42-1425. Accomplished transfers. (1) Legislative findings regarding accomplished transfers and the public interest. (a) The legislature finds and declares that, prior to the commencement of the Snake River basin adjudication, the northern Idaho adjudications, the Bear River basin…
Idaho Code § 42-1426 Enlargements — Waiver of mandatory permit requirements
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42-1426. Enlargements — Waiver of mandatory permit requirements. (1) Legislative findings regarding enlargements: (a) The legislature finds that several adjudications of water rights were commenced or will be commenced in the state of Idaho subsequent to the mandatory permit syst…
Idaho Code § 42-1427 Descriptions of water rights — Reporting and decreeing elements of a decreed or licensed water right
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42-1427. Descriptions of water rights — Reporting and decreeing elements of a decreed or licensed water right. (1) Legislative findings: (a) The legislature finds that existing water rights are not uniformly described. Many old water rights were simply defined by source, priority…
Idaho Code § 42-1428 Severability
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42-1428. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remainin…
Idaho Code § 42-1501 Legislative purpose — Minimum stream flow declared beneficial use
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42-1501. Legislative purpose — Minimum stream flow declared beneficial use. The legislature of the state of Idaho hereby declares that the public health, safety and welfare require that the streams of this state and their environments be protected against loss of water supply to …
Idaho Code § 42-1502 Definitions
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42-1502. Definitions. Whenever used in this act, the terms: (a) "Appropriate" or "appropriation" mean the identification of a beneficial use and place of in-stream use of the waters of a stream. It shall not be construed to require any kind of physical structure or physical diver…
Idaho Code § 42-1503 Application to appropriate — Process — Judicial review
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42-1503. Application to appropriate — Process — Judicial review. Whenever the board desires to appropriate a minimum stream flow of the unappropriated waters of any stream, it shall submit an application to the director. Such application shall be made upon forms to be furnished b…
Idaho Code § 42-1504 Request to file application
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42-1504. Request to file application. Any person, association, municipality, county, state or federal agency may, in writing, request that the board consider the appropriation of a minimum stream flow of the unappropriated waters of any stream. Said request shall be in writing an…
Idaho Code § 42-1505 Priority date — Administration
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42-1505. Priority date — Administration. In his direction and control of the distribution of water from the streams of this state under the provisions of chapter 6, title 42, Idaho Code, the director shall consider any approved application for appropriation of minimum stream flow…
Idaho Code § 42-1506 Lemhi river — Minimum stream flow appropriation
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42-1506. Lemhi river — Minimum stream flow appropriation. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemhi river in accordance …
Idaho Code § 42-1506A LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION
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42-1506A. LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemh…
Idaho Code § 42-1506B BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN — MINIMUM STREAM FLOW APPROPRIATIONS
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42-1506B. BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN — MINIMUM STREAM FLOW APPROPRIATIONS. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho minimum stream flow water rights for Big Timber, Bohannan,…
Idaho Code § 42-1507 Snake river water rights agreement minimum stream flow water rights established
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42-1507. Snake river water rights agreement minimum stream flow water rights established. (1) The legislature hereby establishes minimum stream flow water rights for the stream reaches identified by resolution of the Idaho water resource board, adopted February 8, 2005. The eleme…
Idaho Code § 42-1601 Well not controlled a common nuisance — Approval of director — Reservoired water — Maintenance of artesian wells
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42-1601. Well not controlled a common nuisance — Approval of director — Reservoired water — Maintenance of artesian wells. (1) Any person owning or controlling a flowing artesian well, which is not capped, equipped or furnished with such mechanical appliance as will readily contr…
Idaho Code § 42-1602 Unnecessary flow unlawful — Use for domestic purposes
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42-1602. Unnecessary flow unlawful — Use for domestic purposes. It shall be unlawful for the owner, tenant, or occupant of the land upon which such well is situated to cause, permit, or suffer, such common nuisance, or suffer or permit it to remain or continue; and it shall be un…
Idaho Code § 42-1603 Application for approval of control device — Approval necessary
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42-1603. Application for approval of control device — Approval necessary. Every person referred to in section 42-1602 shall apply to the director of the department of water resources for the approval of any installed or proposed mechanical device for controlling the flow of water…
Idaho Code § 42-1604 Artesian well defined
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42-1604. Artesian well defined. For the purposes of this chapter, an artesian well is defined as any well, as defined in subsection (b) of section 42-230, Idaho Code, which encounters pressurized ground water or low temperature geothermal resource under sufficient head to rise ab…
Idaho Code § 42-1605 Enforcement procedure — Injunctive relief — Criminal penalties
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42-1605. Enforcement procedure — Injunctive relief — Criminal penalties. (1) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, condition of approval or order issued or promul…
Idaho Code § 42-1607 Inventory of artesian wells — Plugging wells
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42-1607. Inventory of artesian wells — Plugging wells. (1) The director of the department of water resources shall initiate a program to inventory and locate artesian wells throughout the state. (2) The director of the department of water resources shall plug abandoned artesian w…
Idaho Code § 42-1701 Creation of department of water resources — Director — Qualifications — Duties
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42-1701. Creation of department of water resources — Director — Qualifications — Duties. (1) There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department o…
Idaho Code § 42-1701A Hearings before director — Appeals
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42-1701A. Hearings before director — Appeals. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the d…
Idaho Code § 42-1701B Enforcement procedure — Notice — Consent order — Civil action
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42-1701B. Enforcement procedure — Notice — Consent order — Civil action. (1) Authority to commence actions. The director of the department of water resources is authorized and may commence and pursue enforcement actions to remedy the designated violations set out in title 42, Ida…
Idaho Code § 42-1701C enforcement of domestic purpose and domestic use limitations
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42-1701C. enforcement of domestic purpose and domestic use limitations. (1) If the director of the department of water resources becomes aware of water use that exceeds the authorized limits of an appurtenant water right for domestic purposes or uses as defined in section 42-111,…
Idaho Code § 42-1702 Duty to supply information
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42-1702. Duty to supply information. The director shall, free of charge, give any information desired by any person as to the proper method of measuring water, or of constructing an apparatus for such measurement, upon proper application being made; and shall give special instruc…
Idaho Code § 42-1703 Attorney general to advise director
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42-1703. Attorney general to advise director. The director may require, and shall receive, from the attorney general of the state, advice upon any question of public interest arising in the performance of duties under this chapter, which advice shall be in writing when so desired…
Idaho Code § 42-1704 Director to make report
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42-1704. Director to make report. The director shall make and render to the governor, annually, or oftener, if required, full and true reports of the work performed by the department, which reports shall contain any recommendations he may have to make in reference to legislation …
Idaho Code § 42-1705 Cooperation with United States geological survey
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42-1705. Cooperation with United States geological survey. The director of the department of water resources is hereby authorized to cooperate with the United States geological survey in the investigation of the water resources and gauging the flow of the streams of the state of …
Idaho Code § 42-1706 Additional duties of director
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42-1706. Additional duties of director. The director of the department of water resources shall make or cause to be made careful measurements of the flow in cubic feet per second of the various streams in the state whose waters are, or are likely to be, appropriated and used, thr…
Idaho Code § 42-1709 Inspection and oversight on complaint or director’s determination
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42-1709. Inspection and oversight on complaint or director’s determination. (1) If any person or persons shall report in writing to the director that any dam, artificial barrier or embankment that stores or impounds water, except for those excluded in section 42-1711(b)(1) throug…
Idaho Code § 42-1710 Intent of legislature — Construction, maintenance and operation of dams and mine tailings impoundment structures
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42-1710. Intent of legislature — Construction, maintenance and operation of dams and mine tailings impoundment structures. It is the intent of the legislature by this act to provide for the regulation of construction, maintenance and operation of all dams, reservoirs and mine tai…
Idaho Code § 42-1711 Definitions
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42-1711. Definitions. Unless the context otherwise requires, the following definitions govern the construction of this chapter. (a) "Department" means the department of water resources. (b) "Dam" means any artificial barrier or embankment, together with appurtenant works, constru…
Idaho Code § 42-1712 Construction, enlargement, alteration or repair of dams — Submission of duplicate plans, drawings and specifications
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42-1712. Construction, enlargement, alteration or repair of dams — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or repairs as may affect the safety of the dam or res…
Idaho Code § 42-1713 Fees
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42-1713. Fees. Fees provided for in this chapter shall be required of all enumerated in the definition of owner. Fees for an enlargement to an existing dam or mine tailings impoundment structure shall be based upon the increase in storage capacity or tailings storage capacity. Fe…
Idaho Code § 42-1714 Rules
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42-1714. Rules. The water resource board shall adopt and revise from time to time such rules as may be necessary for carrying out the provisions of sections 42-1710 through 42-1721, Idaho Code. The rules governing mine tailings and impoundment structures shall require the owner t…
Idaho Code § 42-1715 Inspection during construction, enlargement, alteration, repair or removal of dams and mine tailings impoundment structures — Effect of noncompliance
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42-1715. Inspection during construction, enlargement, alteration, repair or removal of dams and mine tailings impoundment structures — Effect of noncompliance. During the construction, enlargement, repair, alteration, or removal of any dam, reservoir or mine tailings impoundment …
Idaho Code § 42-1716 Notice of completion — Filing of supplementary drawings or descriptive matter
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42-1716. Notice of completion — Filing of supplementary drawings or descriptive matter. Immediately upon completion of a new dam, reservoir or mine tailings impoundment structure or enlargement or repair of a dam, reservoir or mine tailings impoundment structure the owner shall g…
Idaho Code § 42-1717 Jurisdiction over supervision of maintenance, operation and inspection of dams and mine tailings impoundment structures
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42-1717. Jurisdiction over supervision of maintenance, operation and inspection of dams and mine tailings impoundment structures. Supervision over the maintenance and operation of dams, reservoirs and mine tailings impoundment structures insofar as necessary to safeguard life and…
Idaho Code § 42-1718 Remedial means for protection of life and property
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42-1718. Remedial means for protection of life and property. The director shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam, reservoir or mine tailings impoundment structure is so dangerous to the safety of …
Idaho Code § 42-1719 Issuance of certificates of approval — Revocation — Appeal
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42-1719. Issuance of certificates of approval — Revocation — Appeal. A certificate of approval shall be issued for all dams and mine tailings impoundment structures, new or existing, upon a finding that the dam or reservoir is safe to impound water or the mine tailings impoundmen…
Idaho Code § 42-1720 Violations of chapter — Penalties
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42-1720. Violations of chapter — Penalties. (1) Every person who violates any of the provisions of this chapter, or of any order of the director or of any rule of the water resource board where a copy of the order or rule has been served upon said person by certified mail as here…
Idaho Code § 42-1721 Initial construction, lift construction, enlargement, or alteration of tailings impoundment structures — Submission of duplicate plans, drawings and specifications
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42-1721. Initial construction, lift construction, enlargement, or alteration of tailings impoundment structures — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or rep…
Idaho Code § 42-1730 Statement of purpose
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42-1730. Statement of purpose. The legislature finds and declares that: (1) The water resources and waterways of Idaho constitute a valuable renewable resource; (2) The welfare of the people of Idaho is dependent upon conservation, development and optimum use of our water resourc…
Idaho Code § 42-1731 Definitions
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42-1731. Definitions. For the purpose of this chapter: (1) "Alteration" means any activity using mechanized equipment that moves or overturns gravel or earth. (2) "Board" means the Idaho water resource board. (3) "Comprehensive state water plan" means the plan adopted by the boar…