Title 42 — IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

42-101. Nature of property in water. Water being essential to the industrial prosperity of the state, and all agricultural development throughout the greater portion of the state depending upon its just apportionment to, and economical use by, those making a beneficial applicatio…

42-102. Measurement of water. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, and it shall be the duty of the department of water resources to devise a simple, uniform system for the measurement and distribution of …

42-103. Right acquired by appropriation. The right to the use of the unappropriated waters of rivers, streams, lakes, springs, and of subterranean waters or other sources within this state shall hereafter be acquired only by appropriation under the application, permit and license…

42-104. Appropriation must be for beneficial purpose. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.

42-105. Use of natural waterways — Measurement of commingled water — Approval of right to exchange water. (1) The water that a person is entitled to divert by reason of a valid water right may be turned into the channel of a natural waterway and mingled with its water, and then r…

42-106. Priority. As between appropriators, the first in time is first in right.

42-107. Priority — Waste, seepage, and spring waters. All ditches now constructed or which may hereafter be constructed for the purpose of utilizing seepage, waste or spring water of the state, shall be governed by the same laws relating to priority of right as those ditches, can…

42-108. Change in point of diversion, place of use, period of use, or nature of use — Application of act. The person entitled to the use of water or owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of the constitutio…

42-108A. Leasing of water for hydroelectric generation — Exception to requirement of application to change nature of use. Any person having the right to the beneficial use of a water right may lease the water to a private or public utility doing business in the state of Idaho for…

42-108B. Leasing of water under established rights — Notice — Appeal. Any person, entitled to the use of water whether represented by a license issued by the department of water resources, or by decree of the court, who shall desire to lease the water pursuant to section 42-108A,…

42-109. Change in course of ditch — When prohibited. Whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or…

42-110. Right to divert water. The proprietors of any ditch, canal or conduit, or other works for the diversion and carriage of water, whose right relative to the quantity of water they shall be entitled to divert by means of such works shall have been established by any valid cl…

42-111. Domestic purposes defined. (1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243, and 42-1401A, Idaho Code: (a) The phrase "domestic purposes" or "domestic uses" means: (i) The use of water for homes, organization camps, public campgrounds, …

42-112. Completion defined. By completion is meant conducting the waters to the place of intended use.

42-113. In-stream and other water use for livestock. (1) A permit may be issued, but shall not be required for appropriation of water for the in-stream watering of livestock. In the consideration of applications for permits to appropriate water for other purposes, the director of…

42-114. Stock watering permit. Any permit issued for the watering of domestic livestock shall be issued to the person or association of persons making application therefor and the watering of domestic livestock by the person or association of persons to whom the permit was issued…

42-115. storage. To ensure that new or proposed projects to store more than one thousand (1,000) acre feet of surface water do not interfere with the storage of water in existing on-stream storage reservoirs operated for storage and flood control purposes, the director of the dep…

42-201. Water rights acquired under chapter — Illegal diversion and application of water — Uses for which water right not required — Exclusive authority of department. (1) All rights to divert and use the waters of this state for beneficial purposes shall hereafter be acquired an…

42-202. Application to appropriate water — Contents — Filing fees — Disposition of fees — Record of receipts. (1) For the purpose of regulating the use of the public waters and of establishing by direct means the priority right to such use, any person, association or corporation …

42-202A. Temporary approval — Application — Criteria — Exceptions. (1) Any person, association or corporation hereafter intending to use the waters of any natural streams, springs or seepage waters, lakes or ground water, or other public waters in the state of Idaho, for a minor …

42-202B. Definitions. Whenever used in this title, the term: (1) "Consumptive use" means that portion of the annual volume of water diverted under a water right that is transpired by growing vegetation, evaporated from soils, converted to nonrecoverable water vapor, incorporated …

42-203A. Notice upon receipt of application — Protest — Hearing and findings — Appeals. (1) Upon receipt of an application to appropriate the waters of this state, the department of water resources shall prepare a notice in such form as the department may prescribe, specifying: (…

42-203B. Authority to subordinate rights — Nature of subordinated water right and authority to establish a subordination condition — Authority to limit term of permit or license. (1) The legislature finds and declares that it is in the public interest to specifically implement th…

42-203C. Hydropower water right — Criteria for reallocation — Weight — Burden of proof. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to a…

42-203D. Review of permits — Opportunity for hearing. (1) The director of the department of water resources shall review all permits issued prior to July 1, 1985, which propose to divert water held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idah…

42-204. Examination — Permit — Commencement of work — Extensions — Appeal. (1) On receipt of the application, which shall be of a form prescribed by the department of water resources, it shall be the duty of that department to make an endorsement thereon of the date of its receip…

42-204A. APPROPRIATION OF GROUND WATER FOR SUPPLEMENTAL IRRIGATION USE. (1) The intent of this section is to conserve ground water resources and secure the maximum use and benefit from surface water resources in Idaho by requiring that permits to appropriate ground water to irrig…

42-205. Issuance of permit — Restrictions — Preference. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to …

42-206. Residence a requisite for issuance. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or pa…

42-207. Sale, transfer, assignment or mortgage of permit. Whenever the holder of a permit to appropriate water for power purposes within the state of Idaho, desires to sell, assign, transfer or mortgage such permit so held by him, he shall file with the director of the department…

42-208. Cancellation or revocation for noncompliance. Every permit to appropriate water for power purposes hereafter issued by the director of the department of water resources shall have plainly printed thereon, that the same is issued subject to the provisions of this act and i…

42-209. Effect of illegal transfer. Every permit to appropriate water for power purposes that shall be sold, transferred, assigned or mortgaged in violation of the provisions of this act shall be immediately canceled, and the transfer thereof shall not be binding on the state of …

42-210. Application of act. The provisions of this act shall not apply to any municipal corporations within the state.

42-211. Amended application or permit — Appeals. Whenever a permit has been issued pursuant to the provisions of this act, and the permit holder desires to change the place, period, or nature of the intended use, or make other substantial changes in the method of diversion or pro…

42-212. Diversion of private waters. The department of water resources is hereby prohibited from issuing or granting permits to divert or appropriate the waters of any lake not exceeding five (5) acres in surface area at highwater mark, pond, pool or spring in this state, which i…

42-213. Diversion of private waters — Applicants must show right of way. All applications to the department of water resources for permits to divert or appropriate the waters of any lake, pond, pool or spring shall state whether such lake, pond, pool or spring is wholly or entire…

42-217. Proof of application to beneficial use. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit h…

42-217a. Certified water right examiner. The director shall adopt all necessary rules and regulations setting forth the procedures and requirements for qualification of licensed professional engineers or geologists to become certified water right examiners. An initial application…

42-218. Proof of application to beneficial use — Extension of time. Whenever a less period of time than the maximum prescribed in section 42-204 has been granted by the department of water resources for making proof of beneficial use, upon a satisfactory showing being made by the…

42-218a. Lapse of application for failure to request extension or submit proof of application to beneficial use — Notice of lapsing. (1) A permit upon which the proof of beneficial use, or an incremental statement of completion showing proof of beneficial use, has not been submit…

42-219. Issuance of license — Priority. (1) Upon receipt by the department of water resources of all the evidence in relation to such final proof, it shall be the duty of the department to carefully examine the same, and if the department is satisfied that the law has been fully …

42-220. Effect of license. Water right licenses shall be binding upon the state as to the right of such licensee to use the amount of water mentioned therein and shall be prima facie evidence as to such right; and all rights to water confirmed under the provisions of this chapter…

42-221. Fees of department. The department of water resources shall collect the following fees, which shall constitute a fund to pay for legal advertising, the publication of public notices and for investigations, research, and providing public data as required of the department …

42-222. Change in point of diversion, place of use, period of use, or nature of use of water under established rights — Forfeiture and extension — Appeals. (1) Any person, entitled to the use of water whether represented by license issued by the department of water resources, by …

42-222A. Temporary changes during drought conditions. (1) Upon declaration of a drought emergency for an area designated by the director of the department of water resources and approved by the governor of the state of Idaho, the director of the department of water resources is a…

42-222B. Irrigation Corporation Boundary Adjustments. (1) A change to the generally described place of use of a water right held by any corporation organized for the operation, control, or management of an irrigation project or canal system may be made without applying for a chan…

42-223. Exceptions or defenses to forfeiture. A right to the use of water shall not be lost by forfeiture pursuant to the provisions of section 42-222, Idaho Code, for a failure to apply the water to beneficial use under the conditions specified in any subsection of this section.…

42-224. forfeiture of stockwater rights. (1) Within thirty (30) days of receipt by the director of the department of water resources of a petition or other information that a stockwater right has not been put to beneficial use for a term of five (5) years, the director must deter…

42-226. Ground waters are public waters. The traditional policy of the state of Idaho, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the ground water resources of this state as …

42-227. Drilling and use of wells for domestic purposes excepted. (1) Except as provided in subsection (4) of this section, excavation and opening of wells and the withdrawal of water therefrom for domestic purposes or uses as defined in section 42-111, Idaho Code, shall not be s…