Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

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…

42-238a. Water administration account. There is hereby created in the state treasury a special account known as the water administration account. All fees and other moneys collected by the director of the department of water resources pursuant to sections 42-221, 42-238, 42-1713,…

42-239. Interpretation. The executive and judicial departments of the state shall construe the provisions of this act, wherever possible in harmony with the provisions of title 42, Idaho Code, as amended; and nothing herein shall be construed contrary to or in conflict with the p…

42-240. Application for right to exchange water — Filing fee — Notice — Protest — Hearing — Approval or denial — Appeal. (1) Any person holding a right for the use of surface water may make application to the director of the department of water resources to exchange water authori…

42-241. Purpose. The future growth and development of the state is dependent upon effective management and efficient use of the state’s water resources. The purpose of this act is to provide adequate records of water right claims for efficient administration and to aid in the pro…

42-242. Definitions. Whenever used in this act, the terms: (1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho, and the United States of America when claiming water…

42-243. Filing of claims of rights established by diversion and use — Form and content of claim. In order to allow for the recording of historic uses of the waters of this state, any person using or claiming rights to the use of water for uses other than domestic purposes, which …

42-244. Recording of claims by department — Corrections. Upon receipt of any claim submitted under this chapter, together with the statutory filing fee as set forth in section 42-221, Idaho Code, it shall be the duty of the department of water resources to file and to maintain a …

42-245. Failure to file claim waives and relinquishes right. Any person claiming the right to divert or withdraw and use waters of the state who fails to file a claim as provided in section 42-243, Idaho Code, shall be conclusively deemed to have waived and relinquished any right…

42-246. Filing of claim not deemed adjudication of right — Evidence. The filing of a claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one (1) or more water use claimants and another…

42-248. Notification of change in ownership of a water right or change of address of a water right owner — Notice of action affecting a water right. (1) All persons owning or claiming ownership of a right to use the water of this state, whether the right is represented by decree …

42-250. Water conservation. (1) The legislature finds that voluntary water conservation practices and projects can advance the policy of the state of Idaho to promote and encourage the conservation, development, augmentation and utilization of the water resources of this state. T…

42-251. APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM FLOW MAINTENANCE — LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE MANAGEMENT OF SUCH USE. (1) Legislative Findings. (a) In the a…

42-301. Permits contestable — When and by whom. If the holder of a permit to appropriate the public waters shall fail to comply with the requirements of his permit as to the commencing of work or the filing of bond thereunder, or the completion of one-fifth (1/5) of the construct…

42-302. Petition for cancellation. Any person as above specified desiring the cancellation of a permit shall file with the department of water resources a petition clearly setting forth the facts upon which he bases his prayer for cancellation, plainly stating wherein the holder …

42-303. Notice of contest. Upon receipt of such petition, the department of water resources shall issue a notice, naming the petitioner as contestant and all persons, shown by the records of the department of water resources to have any claim of title or interest in the permit so…

42-304. Hearing. On the day set for the hearing the contestant and such contestees as have filed the affidavit hereinbefore required of them, shall file such affidavits in support of their respective allegations as they may desire, and the department of water resources may requir…

42-310. Record of cancellation. In case the decision of the department of water resources shall be adverse to the contestee and in case no appeal has been taken and no action commenced in the district court within ninety (90) days from said notice of decision, as hereinbefore pro…

42-311. Cancellation of permit — Grounds — Hearing — Permittee defined. (1) If the director of the department of water resources finds, on the basis of available information at any time after a permit is issued but prior to license, that the permittee has refused or failed to com…

42-350. Revocation of license — Grounds — Hearing — Licensee defined. (1) If the director of the department of water resources finds, on the basis of available information at any time after a license is issued, that the licensee has ceased to put the water to a beneficial use for…

42-351. Illegal diversion or use of water — Enforcement procedure — Injunctive relief. (1) It is unlawful for any person to divert or use water: (a) From a natural watercourse or from a ground water source without having obtained a valid water right to do so; (b) Not in conforman…

42-401. Applications for use of public waters outside the state. (1) The state of Idaho is dedicated to the conservation of its public waters and the necessity to maintain adequate water supplies for the state’s water requirements. The state of Idaho also recognizes that under ap…

42-402. Application and permit. The application for permit and the permit issued thereon as provided in section 42-401, shall be in accordance with the laws of the state of Idaho, relative to the filing of application for permit and the obtaining of permit to appropriate the publ…

42-403. Proof of completion of works. Proof of completion of works under such permit shall be made in accordance with the laws of the state of Idaho relative to proof of completion under a permit to appropriate the public waters of the state of Idaho, as to all works of diversion…

42-404. License. The department of water resources shall issue a license in accordance with the laws of the state of Idaho relative to the issuance of license under a permit, upon receipt of such proof as will satisfy the department as to application of the waters to beneficial u…

42-405. Idaho laws controlling. Appropriations of water made under the provisions of this chapter shall be subject to the laws of the state of Idaho relative to administration, control and distribution of public waters, so long as said waters appropriated in accordance herewith s…

42-406. Rules and regulations. The department of water resources is empowered to make such rules and regulations as may be necessary to the proper administration of the provisions of this chapter.

42-407. Appeal from department’s decision. Whenever any person or persons feel themselves aggrieved by the determination or decision of the department of water resources relative to the granting of permit, the issuance of certification of proof of completion or the issuance of li…

42-501. legislative intent. In the landmark case of Joyce Livestock Company v. United States of America, 144 Idaho 1, 156 P.3d 502 (2007), the Idaho Supreme Court held that an agency of the federal government cannot obtain a stockwater right under Idaho law unless it actually own…

42-502. federal agencies — stockwater rights. No agency of the federal government shall acquire a stockwater right unless the agency owns livestock and puts the water to beneficial use. For purposes of this chapter, "stockwater rights" means water rights for the beneficial use fo…

42-504. limits of use. If an agency of the federal government, or the holder or holders of any livestock grazing permit or lease on a federal grazing allotment, acquires a stockwater right, that stockwater right shall never be utilized for any purpose other than the watering of l…

42-505. effect of illegal change of ownership or transfer. Any application for a change in ownership or any application proposing to change the nature of use of a stockwater right that is in violation of the provisions of this chapter shall be denied.

42-506. 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 the remai…

42-507. Provisions controlling over other acts. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.