Idaho Code § 42-4402 — Idaho Code / Title 42 / Chapter 44 / Section 42-4402
42-4402 POLICY OF STATE.
Status: in_force

42-4402. Policy of state. It is hereby recognized by the legislature that the protection of life and property from the containment of water stored for irrigation, the storage of winter flows and excess waters for irrigation purposes, and flood waters are of great importance to this state. It is therefore declared to be the policy of the state to provide for the storage and containment of irrigation water and the prevention of flood damage in a manner consistent with the conservation and wise development of our water resources and thereby to protect and promote the health, safety and general welfare of the people of this state.

History:

[42-4402, added 1990, ch. 396, sec. 1, p. 1108.]
Idaho Code § 42-3915 — Idaho Code / Title 42 / Chapter 39 / Section 42-3915
42-3915 ADOPTION OF REGULATIONS.
Status: in_force

42-3915. Adoption of regulations. The water resource board shall adopt all regulations authorized by the provisions of chapter 39, title 42, Idaho Code, in conformance with the provisions of chapter 52, title 67, Idaho Code, provided that the board shall not adopt any regulation regarding the inventory of shallow injection wells that is more stringent than federal law or any regulations promulgated pursuant thereto.

History:

[42-3915, added 1984, ch. 155, sec. 16, p. 379.]
Idaho Code § 42-2934 — Idaho Code / Title 42 / Chapter 29 / Section 42-2934
42-2934 ASSESSMENTS — WHEN INCONTESTABLE.
Status: in_force

42-2934. Assessments — When incontestable. The collection of any assessments of benefits made by the commissioners and confirmed by the court shall not be restrained or obstructed by reason of any omission, imperfection or defect in the organization of any district or in any proceedings occurring prior to the order confirming the assessments of benefits, but such order shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.

History:

[(42-2934) 1913, ch. 16, part of sec. 40, p. 58; reen. C.L. 168:31; C.S., sec. 4525; I.C.A., sec. 41-2534.]
Idaho Code § 42-5244B — Idaho Code / Title 42 / Chapter 52 / Section 42-5244B
42-5244B DELINQUENT ASSESSMENTS — NONCOMPLIANCE WITH MITIGATION PLAN.
Status: in_force

42-5244B. DELINQUENT ASSESSMENTS — NONCOMPLIANCE WITH MITIGATION PLAN. A water user who is delinquent in the payment of any assessment under this chapter, or who has failed to comply with any apportionment of mitigation obligations imposed by the board under this chapter, shall not be entitled to divert ground water until such delinquent assessment is paid in full and noncompliance is remedied in full. To commence enforcement, the district shall submit to the director a report documenting the delinquent assessment or noncompliance with the apportionment of mitigation plan obligations. For delinquent assessments, the report shall contain an accounting of the basis for the assessment, the apportionment of those assessments among district members, and the ground water user's delinquency in the payment of those assessments. For noncompliance with the apportionment of mitigation plan obligations, the report shall identify the mitigation plan under which the mitigation plan obligations were apportioned, explain the basis for the apportionment of those obligations among district members, and document the water user's noncompliance with the apportioned mitigation obligations. If, after the director analyzes information in the report, the director concludes that the district has reasonably apportioned those assessments based on the factors set forth in section 42-5232(7), Idaho Code, or has reasonably apportioned those mitigation plan obligations based on the factors set forth in section 42-5244A, Idaho Code, the director shall instruct the water master to curtail all ground water diversions by the water user for which assessments are delinquent or for which the user has not complied with the mitigation obligations apportioned to the user. Any person aggrieved by the action of the director and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action pursuant to section 42-1701A(3), Idaho Code. No district shall commence enforcement under the provisions of this section prior to January 1, 2020. The director shall not curtail ground water diversions based on delinquent assessments levied prior to April 1, 2019, or based on mitigation plan noncompliance that occurred prior to April 1, 2019.

History:

[42-5244B, added 2019, ch. 261, sec. 3, p. 772.]
Idaho Code § 42-3806 — Idaho Code / Title 42 / Chapter 38 / Section 42-3806
42-3806 EXISTING RIGHTS UNAFFECTED — WHERE PERMIT NOT REQUIRED.
Status: in_force

42-3806. Existing rights unaffected — Where permit not required. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from streams under existing or vested water right or water right permit for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws.

No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to clean, maintain, construct in, or repair any stream channel, diversion structure, canal, ditch, drain or lateral. No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to remove any obstruction from any stream channel, if such obstruction interferes with, or is likely to interfere with, the delivery of, or use of, water under any existing or vested water right, or water right permit.

Nothing in this section shall be construed to affect the provisions of chapter 10, title 46, Idaho Code, or to exempt a water user or his agent from compliance with any applicable local flood plain ordinance adopted pursuant to section 46-1022, Idaho Code.

History:

[42-3806, added 1971, ch. 337, sec. 6, p. 1304; am. 2004, ch. 191, sec. 3, p. 602; am. 2011, ch. 261, sec. 1, p. 707.]
Idaho Code § 42-106 — Idaho Code / Title 42 / Chapter 1 / Section 42-106
42-106 PRIORITY.
Status: in_force

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

History:

[(42-106) R.S., sec. 3159; 1899, p. 380, sec. 4; reen. R.C. & C.L., sec. 3245; C.S., sec. 5561; I.C.A., sec. 41-106.]
Idaho Code § 42-248 — Idaho Code / Title 42 / Chapter 2 / Section 42-248
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.
Status: in_force

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 of the court, by claim to a water right filed with the department of water resources or by permit or license issued by the director of the department, shall provide notice to the department of any change in ownership of any part of the water right or of any change in the owner's mailing address. Notice shall be provided within one hundred twenty (120) days of any change using forms acceptable to the director.

(2) The department may rely on the name and address of the owner of the water right shown in the records of the department when sending notice of any action related to that water right.

(3) The filing of an application to change a water right under the provisions of section 42-211 or section 42-222, Idaho Code, showing a change in address of the owner of the right or accompanied by evidence documenting any change in ownership of the water right, shall be deemed compliance with this section provided the requirements of subsections (5) and (6) of this section are met. The fee requirements of subsection (4) of this section shall apply in addition to the filing fee that may be required in connection with an application to change a water right under the provisions of section 42-211 or 42-222, Idaho Code.

(4) A filing fee of twenty-five dollars ($25.00) per right shall accompany a notice of change of water right ownership, provided that the fee shall be one hundred dollars ($100) per right if a request is made to change the department's records to reflect a division in the ownership of the water right. No fee is required for a notice of change of ownership of a claim pending in a water rights adjudication. A notice of change of ownership of all or part of a water right not accompanied by the required filing fee is incomplete and shall be returned without processing to the person who submitted the notice.

(5) A notice of change of water right ownership of all or part of a water right shall be accompanied by deeds, court decrees, or other evidence of conveyance of the water right and how the water right is divided if the change divides the water right among multiple owners.

(6) If the person filing the notice of a change of water right ownership does not own the land identified as the place of use for the water right, the notice shall be accompanied by evidence that written notice of the change of water right ownership has been mailed or hand-delivered to the landowner of record, as identified in the records of the county recorder.

(7) If the department receives the required notice, fee, and satisfactory evidence of conveyance of the water right as required in subsection (5) of this section, and evidence that the notice requirements of subsection (6) of this section, if applicable, have been met, the department shall update the ownership information in the water right records maintained by the department. If any required information is not provided, the department shall return the notice of change of ownership to the person filing the notice.

(8) Any action by the department updating the ownership of a water right in the department's records or returning the notice of change of ownership to the person filing the notice is not a determination of water right ownership, is not an administrative action subject to challenge under the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and is not subject to a request for hearing pursuant to section 42-1701A, Idaho Code. Water right ownership disputes arising from a notice of change of water right ownership under this section must be resolved either in a water rights adjudication or in an action to quiet title pursuant to section 6-401, Idaho Code.

(9) Any person having a security interest in a water right and desiring to be notified by the department regarding the filing of a change in ownership of that water right or of any proposed or final action to amend, transfer or otherwise modify that water right shall make the request upon a form provided by the department accompanied by a fee of twenty-five dollars ($25.00) per right. The request shall be accompanied by evidence of the security interest including the expiration date of the security interest or other date defining the end of the period for which notification is requested. The request for notification shall expire at the end of the requested notification period unless renewed on a form provided by the department and accompanied by a renewal fee of twenty-five dollars ($25.00) per right. The holder of a security interest requesting notification under this subsection shall provide notice to the department within sixty (60) days if the security interest is terminated prior to the end of the requested notification period.

History:

[42-248, added 1996, ch. 149, sec. 1, p. 487; am. 2000, ch. 313, sec. 1, p. 1052; am. 2011, ch. 172, sec. 2, p. 493; am. 2021, ch. 157, sec. 1, p. 433.]
Idaho Code § 42-1739 — Idaho Code / Title 42 / Chapter 17 / Section 42-1739
42-1739 BOND AUTHORIZATION.
Status: in_force

42-1739. Bond authorization. The Idaho water resource board is authorized, for the purpose of carrying out the lawful powers granted it by the laws of this state, to contract indebtedness and issue revenue bonds evidencing such indebtedness in conformity with this chapter.

History:

[42-1739, added 1965, ch. 319, sec. 1, p. 898.]
Idaho Code § 42-240 — Idaho Code / Title 42 / Chapter 2 / Section 42-240
42-240 APPLICATION FOR RIGHT TO EXCHANGE WATER — FILING FEE — NOTICE — PROTEST — HEARING — APPROVAL OR DENIAL — APPEAL.
Status: in_force

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 authorized to be diverted under the right with the same or a different source, or with water authorized to be diverted under one (1) or more other rights from the same source or another surface water source. If the application proposes an exchange with water under another water right, the application shall be accompanied by an agreement in writing subscribed by the person proposing the exchange and each person or organization owning rights to water with whom the exchange is proposed to be made.

(2) The application shall be upon forms furnished by the department and shall contain such information as shall enable the director to determine the nature of the proposed exchange, and shall be accompanied by the statutory filing fee provided under section 42-221, Idaho Code, for an application to change a vested water right.

(3) Upon receipt of the application, it shall be the duty of the director to examine the same and, if otherwise proper, to cause notice of the proposed exchange to be published in the same manner as applications under section 42-203A, Idaho Code. The notice shall fully describe the nature of the proposed exchange of water and shall advise that anyone who wishes to protest shall file notice of protest in accordance with the provisions of section 42-203A, Idaho Code.

(4) Upon the receipt of any protest it shall be the duty of the director to investigate the same and to conduct a hearing thereon. The director shall also advise the watermaster of the district in which the exchange is proposed, if a district exists, and the watermaster shall notify the director of the watermaster's recommendations on the application. The director shall not take final action on the application or exchange until the director has received the recommendations of the watermaster, including recommended conditions necessary for the exchange of water to be properly administered and regulated.

(5) The director shall examine all the evidence and available information and shall approve the exchange in whole, or in part, or upon conditions, provided no other water rights are injured thereby, the exchange does not constitute an enlargement in use of the original right or rights, the exchange is consistent with the conservation of water resources within the state of Idaho, the exchange is in the local public interest as defined in section 42-202B, Idaho Code, and the exchange will not adversely affect the local economy of the watershed or local area within which the source of water for the proposed use originates, in the case where the place of use is outside of the watershed or local area where the source of water originates. Unless otherwise provided in a written agreement between the applicant and other right holders, the director shall condition approval of an exchange so that the exchange will not be operative during times when water is not available to satisfy the exchange, and that during these times the right to use water automatically reverts to the place of use authorized under the water rights. A copy of the approved application for exchange shall be provided to the applicant and the watermaster, and the applicant shall be authorized upon receipt thereof to make the exchange in accordance with the conditions set forth by the director. Should an approved exchange thereafter be discontinued, the applicant or the applicant's successor in interest must so notify the director and the district watermaster.

(6) In the absence of a contrary agreement by the parties to an exchange, when the director has approved a right to exchange storage water for the natural flow of a stream or other water supply, the storage water shall be delivered in preference to any exchange rights subsequently approved using the same storage water right.

(7) Any person or persons feeling themselves aggrieved by a final order or final action of the director under this section may, if a protest was filed and hearing held thereon, seek judicial review pursuant to section 42-1701A(4), Idaho Code. If no protest was filed and no hearing held, the applicant may request a hearing pursuant to section 42-1701A(3), Idaho Code, for the purpose of contesting the action of the director and may seek judicial review of the final order of the director following the hearing pursuant to section 42-1701A(4), Idaho Code.

History:

[42-240, added 1998, ch. 424, sec. 2, p. 1340; am. 2003, ch. 298, sec. 4, p. 812.]
Idaho Code § 42-5242 — Idaho Code / Title 42 / Chapter 52 / Section 42-5242
42-5242 ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Status: in_force

42-5242. Entry of delinquent assessments — Filing of delinquency list. (1) On or before February 15 of each year the treasurer shall enter the amount of all delinquent assessments on the assessment book, which entry shall be considered to be dated as of the first day of February. Such entry shall have the force and effect of a sale to the treasurer of the district as grantee in trust for the district of all property to which a lien has attached as a result of such unpaid assessments.

(2) The treasurer shall compile a list of such delinquency entries which shall contain the names of the persons or entities to whom the assessments were directed and the amount of such delinquent assessments together with the amount of the penalties to be added thereto. A certified copy of the delinquency list, duly acknowledged by the treasurer, shall be filed with the county recorder of each county in which the properties affected by such delinquent assessments are located, and the treasurer shall then provide by certified mail a notice of delinquency to each ground water user having a delinquent assessment.

(3) Upon the payment in full of any delinquent assessment and penalty that was entered on a recorded delinquency list, the treasurer shall file with the county recorder of each county in which the list of delinquent assessments was recorded an acknowledged notice that the delinquent assessment and any penalty owed has been paid in full. The treasurer shall file any notices of payment of delinquent assessments with the county recorders, as required, on at least a monthly basis.

History:

[42-5242, added 1995, ch. 290, sec. 1, p. 1002; am. 2005, ch. 367, sec. 12, p. 1163; am. 2025, ch. 141, sec. 4, p. 715.]
Idaho Code § 42-209 — Idaho Code / Title 42 / Chapter 2 / Section 42-209
42-209 EFFECT OF ILLEGAL TRANSFER.
Status: in_force

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 Idaho.

History:

[42-209, added 1937, ch. 142, sec. 5, p. 233; am. 1947, ch. 66, sec. 5, p. 106.]
Idaho Code § 42-241 — Idaho Code / Title 42 / Chapter 2 / Section 42-241
42-241 PURPOSE.
Status: in_force

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 proper planning for the future use of the state's water resources.

History:

[42-241, added 1978, ch. 345, sec. 4, p. 887.]
Idaho Code § 42-2910 — Idaho Code / Title 42 / Chapter 29 / Section 42-2910
42-2910 APPOINTMENT OF DRAINAGE COMMISSIONERS — QUALIFICATION — BOND — OATH — ORGANIZATION OF BOARD.
Status: in_force

42-2910. Appointment of drainage commissioners — Qualification — Bond — Oath — Organization of board. The judge of the district court within ten (10) days thereafter shall appoint three (3) drainage commissioners. The commissioners shall be appointed from among those living in the county where said proposed district is located.

The board of drainage commissioners appointed as aforesaid shall be entitled to enter upon the duties of their office upon qualifying as county officers are required to qualify, and upon each drainage commissioner giving a bond to the state of Idaho, for the benefit of said drainage district, for the faithful performance of his duties as such drainage commissioner, in the penal sum of $5000, with one or more sureties to be approved by the judge of the district court. Provided that the judge of the district court, upon application and proper showing by the board of drainage commissioners, may enter an order reducing the penalty of the bond to such sum as may appear to him to be reasonable and adequate under the showing made. The drainage commissioners shall take the oath of office and file their bonds within fifteen (15) days after they are appointed; and they shall hold office until their successors are duly appointed and qualified. Each drainage commissioner thereafter who may be appointed shall enter into a like bond and of like effect upon entering upon his duties, which bond shall be approved by the judge of the district court of the county in which said drainage district is located. The bonds of the drainage commissioners shall be filed with the clerk of the district court and kept in his custody. Immediately after their appointment and their bonds have been filed and approved, the drainage commissioners shall organize themselves into a board, and they shall by lot determine the terms of their office, which shall be one (1), two (2) or three (3) years respectively. Annually thereafter the judge of the district court of the county in which said district is located shall appoint one (1) drainage commissioner whose term of office shall be for three (3) years.

History:

[(42-2910) 1913, ch. 16, parts of secs. 4 and 5, p. 58; reen. C.L. 168:8; C.S., sec. 4500; I.C.A., sec. 41-2510; am. 1933, ch. 21, sec. 1, p. 27.]
Idaho Code § 42-1411 — Idaho Code / Title 42 / Chapter 14 / Section 42-1411
42-1411 REPORT OF THE DIRECTOR.
Status: in_force

42-1411. Report of the director. (1) The director shall prepare a director's report on the water system. The director may file the director's report in parts as the director deems appropriate. The director may include such explanatory material as he deems appropriate in the director's report. Such explanatory material shall not impose any conditions or restrictions on the rights reported and shall not be subject to objection. This explanatory material shall not be used to support any notice of claim, objection to a notice of claim, or response to an objection.

(2) The director shall determine the following elements, to the extent the director deems appropriate and proper, to define and administer the water rights acquired under state law:

(a) The name and address of the claimant;

(b) The source of water;

(c) The quantity of water used describing the rate of water diversion or, in the case of an instream flow right, the rate of water flow in cubic feet per second or annual volume of diversion of water for use or storage in acre-feet per year as necessary for the proper administration of the water right;

(d) The date of priority; provided that for stockwater use on federal land, the director shall accept the date of the first grazing permit issued on the federal grazing allotment, pursuant to federal grazing authorizations, including but not limited to the Taylor grazing act, as prima facie evidence of the date of priority, unless the claimant produces evidence of earlier stockwater use on the federal land, which shall then establish the date of priority;

(e) The legal description of the point(s) of diversion; if the claim is for an instream flow, then a legal description of the beginning and ending points of the claimed instream flow;

(f) The purpose of use;

(g) The period of the year when water is used for such purposes;

(h) A legal description of the place of use; if one (1) of the purposes of use is irrigation, then the number of irrigated acres within each forty (40) acre subdivision, except that the place of use may be described using a general description in the manner provided under section 42-219, Idaho Code, which may consist of a digital boundary as defined in section 42-202B, Idaho Code, if the irrigation project would qualify to be so described under section 42-219, Idaho Code; provided that for stockwater use on federal land, there shall be a rebuttable presumption that the claimant's base property relates back to the base property when the first grazing permit was issued on the federal grazing land or when water was first applied to beneficial use on the federal land;

(i) Conditions on the exercise of any water right included in any decree, license, or approved transfer application; and

(j) Such remarks and other matters as are necessary for definition of the right, for clarification of any element of a right, or for administration of the right by the director.

(3) The director may include such general provisions in the director's report, as the director deems appropriate and proper, to define and to administer all water rights.

(4) The director shall file the director's report with the district court, and the director's report shall be a part of the record. Upon filing with the court, the director's report, except for the explanatory material referred to in subsection (1) of this section, shall constitute prima facie evidence of the nature and extent of the water rights acquired under state law. The unobjected to portions of the director's report shall be decreed as reported.

(5) Each claimant of a water right acquired under state law has the ultimate burden of persuasion for each element of a water right. Since the director's report is prima facie evidence of the nature and extent of the water rights acquired under state law, a claimant of a water right acquired under state law has the burden of going forward with the evidence to establish any element of a water right that is in addition to or inconsistent with the description in a director's report. Any party filing an objection to any portion of the director's report shall have the burden of going forward with the evidence to rebut the director's report as to all issues raised by the objection. Provided however, that a claimant objecting to the director's recommended place of use described by a digital boundary or other similar technology shall not be required to produce digital boundary or other similar technology-generated evidence in order to meet the burden provided by this section. Places of use described using digital boundaries or other similar technology-based descriptions shall not be entitled to any greater weight than descriptions by metes and bounds, the number of irrigated acres within each forty (40) acre subdivision, or other method adequate for the description of water rights. Any other party to the proceeding may submit evidence in opposition to the objector's position and in support of the director's report. All such proceedings shall be governed by the Idaho rules of civil procedure and Idaho rules of evidence.

(6) The director shall file an original of the director's report with the district court. The director shall also distribute for display and review at least one (1) copy of the director's report to the office of the clerk of the district court for each county in which any part of the water system is located. The director shall also serve on each claimant or the claimant's attorney whose water right is listed in the director's report a notice of filing of the director's report. Notice shall be sent to the last known address of the claimant or the claimant's attorney. The notice shall be prepared by the director using plain and concise language and shall include:

(a) A statement that the director's report of the various water rights acquired under state law has been filed with the district court, naming the district court(s) to which the report was filed;

(b) A copy of that portion of the report setting forth the claimant's water right;

(c) A statement that a complete copy of the director's report is available for inspection, listing the locations at which the director's report is available, which shall include the office of the clerk of the district court for each county in which any part of the water system is located, the offices of the department, and any other locations the director may designate;

(d) A statement that all or a portion of the director's report is available upon request at the offices of the department, subject to payment of a reasonable fee to cover costs of reproduction and mailing;

(e) A statement that any claimant may file objections to any portion of the director's report with the district court specified in the notice and must mail a copy of the objection to the director, and to the claimant of each claimed right objected to, if the objector is not also the claimant of the right for which the objection is filed;

(f) The date prior to which all objections must be filed, which shall not be less than sixty (60) days for any director's report containing five hundred (500) claims or less, one hundred twenty (120) days for any director's report containing more than five hundred (500) claims and not more than five thousand (5,000) claims, and one hundred eighty (180) days for any director's report containing more than five thousand (5,000) claims; the above-stated periods of time shall commence on the date of service by mail of the notice of filing;

(g) A statement that claimants may file responses with the court to objections filed against their claims and that a copy of any response must be mailed to the director and to the objector;

(h) The date prior to which all responses to objections must be filed with the court, which shall not be less than sixty (60) days following receipt of a copy of the objection; and

(i) A statement that any part of the report to which no objections are filed shall be decreed by the district court and the time and location set for the hearing at which the unobjected parts of the report will be decreed, which time shall not be less than sixty (60) days following the expiration of the period for filing objections.

(7) The director shall file an affidavit with the district court demonstrating compliance with the notice requirements of subsection (6) of this section.

History:

[42-1411, added 1986, ch. 220, sec. 13, p. 573; am. 1994, ch. 454, sec. 18, p. 1461; am. 1994, ch. 455, sec. 2, p. 1481; am. 1996, ch. 186, sec. 2, p. 586; am. 1997, ch. 374, sec. 4, p. 1198; am. 2002, ch. 12, sec. 1, p. 14; am. 2002, ch. 13, sec. 1, p. 17; am. 2002, ch. 306, sec. 3, p. 873; am. 2003, ch. 167, sec. 1, p. 472; am. 2021, ch. 159, sec. 2, p. 440.]
Idaho Code § 42-1603 — Idaho Code / Title 42 / Chapter 16 / Section 42-1603
42-1603 APPLICATION FOR APPROVAL OF CONTROL DEVICE — APPROVAL NECESSARY.
Status: in_force

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 from such artesian well; and in such application shall describe the cap, equipment or mechanical appliance, with which such well is equipped or with which it is proposed to equip any such well, and shall change, alter or install only such equipment as shall be approved by the director of the department of water resources.

History:

[(42-1603) 1921, ch. 196, sec. 3, p. 399; I.C.A., sec. 41-1403.]
Idaho Code § 42-1417 — Idaho Code / Title 42 / Chapter 14 / Section 42-1417
42-1417 GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS.
Status: in_force

42-1417. General adjudication — Interim administration of water rights. (1) The district court may permit the distribution of water pursuant to chapter 6, title 42, Idaho Code:

(a) in accordance with the director's report or as modified by the court's order;

(b) in accordance with applicable partial decree(s) for water rights acquired under state law;

(c) in accordance with applicable partial decree(s) for water rights established under federal law.

(2) The district court may enter the order only:

(a) upon a motion by a party;

(b) after notice by the moving party by mail to the director and each claimant of water from the water system or portion thereof that could reasonably be determined to be adversely affected by entry of the order; and

(c) upon a determination by the court, after hearing, that the interim administration of water rights in accordance with the report, or as the report is modified by the court's order, and in accordance with any partial decree(s), is reasonably necessary to protect senior water rights.

(3) Immediately upon entry of the court's order of interim administration of water rights, the clerk of the district court shall mail a certified copy of the order to the director, and the director shall immediately give notice of the order to the watermaster of the water districts affected by the order.

(4) After entry of the district court's order for interim administration, the director may form a water district pursuant to chapter 6, title 42, Idaho Code.

History:

[42-1417, added 1986, ch. 220, sec. 17, p. 578; am. 1987, ch. 158, sec. 2, p. 310; am. 1994, ch. 454, sec. 25, p. 1471.]
Idaho Code § 42-3224 — Idaho Code / Title 42 / Chapter 32 / Section 42-3224
42-3224 CONDUCT OF ELECTION — CANVASS OF RETURNS.
Status: in_force

42-3224. Conduct of election — Canvass of returns. The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, including chapter 14, title 34, Idaho Code, and shall make their returns to the secretary of the district, provided that precincts shall be as provided in section 42-3207, Idaho Code. At any regular or special meeting of the board held within ten (10) days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.

History:

[42-3224, added 1947, ch. 152, sec. 24, p. 364; am. 1967, ch. 186, sec. 2, p. 613; am. 1995, ch. 118, sec. 70, p. 487.]
Idaho Code § 42-5123 — Idaho Code / Title 42 / Chapter 51 / Section 42-5123
42-5123 ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Status: in_force

42-5123. Entry of delinquent assessments — Filing of delinquency list. On or before the 15th day of January of each year the treasurer shall enter the amount of all delinquent assessments upon the assessment book, which entry shall be considered to be dated as of the first day of January. Such entry shall have the force and effect of a sale to the treasurer of the district as grantee in trust for the district of all property to which a lien has attached as a result of such unpaid assessments.

The treasurer shall compile a list of such delinquency entries which shall contain the names of the persons or entities to whom the assessments were directed and the amount of such delinquent assessments together with the amount of the penalties to be added thereto. A certified copy of the delinquency list shall be filed with the county recorder of each county in which the properties affected by such delinquent assessments are located, and the treasurer shall then provide by certified mail a notice of delinquency to each water user having a delinquent assessment.

History:

[42-5123, added 1987, ch. 349, sec. 1, p. 775.]
Idaho Code § 42-5238 — Idaho Code / Title 42 / Chapter 52 / Section 42-5238
42-5238 LIBERAL CONSTRUCTION.
Status: in_force

42-5238. Liberal construction. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.

History:

[42-5238, added 1995, ch. 290, sec. 1, p. 1001.]
Idaho Code § 42-1502 — Idaho Code / Title 42 / Chapter 15 / Section 42-1502
42-1502 DEFINITIONS.
Status: in_force

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 diversion from the stream;

(b) "Board" means the Idaho water resource board;

(c) "Department" means the Idaho department of water resources;

(d) "Director" means the director of the Idaho department of water resources;

(e) "Stream" means any lake, spring, creek, stream, river or other natural body of standing or moving water which is subject to appropriation under the laws of the state of Idaho;

(f) "Minimum stream flow" means the minimum flow of water in cubic feet per second of time or minimum lake level in feet above mean sea level required to protect the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, navigation, transportation, or water quality of a stream in the public interest;

(g) "Unappropriated water" means water which is not subject to diversion and use under any prior existing water right established by diversion and application to a beneficial use or by application, permit or license on file or issued by the director under the provisions of chapter 2, title 42, Idaho Code, with a priority of water right date earlier than an application for appropriation of minimum stream flow filed under the provisions of this act.

History:

[42-1502, added 1978, ch. 345, sec. 11, p. 892.]
Idaho Code § 42-3123 — Idaho Code / Title 42 / Chapter 31 / Section 42-3123
42-3123 DIRECTOR'S FINDINGS ON PETITION AND HEARING.
Status: in_force

42-3123. Director's findings on petition and hearing. The director shall, at the hearing herein provided, permit any person or corporation interested in the proposed consolidation or in any of its objects or purposes, to appear and make objection to the consolidation of said district.

The director shall make his findings upon facts alleged in the petition and any objections presented at such hearing and any facts based on his own investigation and any other facts necessary for the determination of the practicability and feasibility and desirability of said consolidation.

History:

[42-3123, added 1971, ch. 300, sec. 23, p. 1219.]
Idaho Code § 42-1002 — Idaho Code / Title 42 / Chapter 10 / Section 42-1002
42-1002 SETTING DATE FOR HEARING.
Status: in_force

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 reasonable grounds to believe that unjust rates of compensation are, or are likely to be, charged or demanded for water from such ditch, canal, or conduit, enter an order fixing a day not sooner than ten (10) days thereafter, nor later than twenty (20) days (a special meeting may be called for that purpose), when they will hear all parties interested in such water-works aforesaid, or in procuring water therefrom, for any of the said purposes as well as all documentary or oral evidence or depositions taken according to law, touching said ditch or other water-works aforesaid, and the cost of furnishing water therefrom.

History:

[(42-1002) 1899, p. 380, sec. 27; reen. R.C. & C.L., sec. 3295; C.S., sec. 5642; I.C.A., sec. 41-902.]
Idaho Code § 42-3918 — Idaho Code / Title 42 / Chapter 39 / Section 42-3918
42-3918 CEASE AND DESIST ORDERS — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Status: in_force

42-3918. Cease and desist orders — Injection of hazardous and radioactive wastes. Whenever the director finds that any person has constructed, operated, maintained, converted, plugged, abandoned or conducted any other activity in a manner that results in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well or whenever the director finds that any person proposes to do or to allow any such acts, then the director may issue a cease and desist order. The cease and desist order shall become effective and final upon issuance thereof. The director shall serve forthwith in accordance with the Idaho rules of civil procedure a certified copy of any such order on that person. That person shall have the right to a hearing in accordance with section 42-1701A, Idaho Code.

History:

[42-3918, added 1984, ch. 155, sec. 19, p. 380.]
Idaho Code § 42-3808 — Idaho Code / Title 42 / Chapter 38 / Section 42-3808
42-3808 EMERGENCIES — WAIVER BY DIRECTOR.
Status: in_force

42-3808. Emergencies — Waiver by director. When emergency situations exist requiring immediate action to protect life or property including growing crops, the director may waive the provisions of this act upon request; providing, however, that the extent of stream channel alteration shall be limited only to that amount of work deemed necessary by the director to safeguard life or property including growing crops during the period of emergency.

History:

[42-3808, added 1971, ch. 337, sec. 8, p. 1304.]
Idaho Code § 42-237f — Idaho Code / Title 42 / Chapter 2 / Section 42-237f
42-237f ADJUDICATION OF WATER RIGHT.
Status: in_force

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.

History:

[42-237f, 1951, ch. 200, sec. 20, as added by 1953, ch. 182, sec. 8, p. 277.]
Idaho Code § 42-1763 — Idaho Code / Title 42 / Chapter 17 / Section 42-1763
42-1763 RENTALS FROM BANK — APPROVAL BY DIRECTOR.
Status: in_force

42-1763. Rentals from bank — Approval by director. The terms and conditions of any rental of water from the water supply bank must be approved by the director of the department of water resources. The director of the department of water resources may reject and refuse approval for or may partially approve for a less quantity of water or may approve upon conditions any proposed rental of water from the water supply bank where the proposed use is such that it will reduce the quantity of water available under other existing water rights, the water supply involved is insufficient for the purpose for which it is sought, the rental would cause the use of water to be enlarged beyond that authorized under the water right to be rented, the rental will conflict with the local public interest as defined in section 42-202B, Idaho Code, or the rental will adversely affect the local economy of the watershed or local area within which the source of water for the proposed use originates, in the case where the place of use is outside of the watershed or local area where the source of water originates. The director shall consider in determining whether to approve a rental of water for use outside of the state of Idaho those factors enumerated in subsection (3) of section 42-401, Idaho Code.

History:

[42-1763, added 1979, ch. 193, sec. 3, p. 561; am. 1990, ch. 318, sec. 2, p. 869; am. 1992, ch. 101, sec. 1, p. 319; am. 2003, ch. 298, sec. 5, p. 813.]
Idaho Code § 42-715 — Idaho Code / Title 42 / Chapter 7 / Section 42-715
42-715 DUTIES OF THE WATER MEASUREMENT DISTRICT TREASURER.
Status: in_force

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 deposit all moneys of the district in a designated depository approved at the annual meeting, and shall comply with the public depository law as contained in chapter 1, title 57, Idaho Code.

(2) Before undertaking the duties of the office, the water measurement district treasurer shall take and subscribe to an oath before an officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the office, and shall file the oath with the director of the department of water resources. Upon issuance by the director of a certificate confirming the selection of a water measurement district treasurer, the actions taken by the water measurement district treasurer in fulfillment of the duties of the office are covered by the state group surety bond as provided in sections 59-801 through 59-804, Idaho Code.

(3) The water measurement district treasurer shall serve until a successor is elected or appointed, and qualified. A water measurement district treasurer may be removed from office by the director for failure to perform the duties of the office in the manner provided for removal of a district hydrographer.

(4) Compensation for the services of the water measurement district treasurer shall be set at the annual meeting and may be established on a fixed sum, per diem, or voluntary basis. If a water measurement district treasurer is appointed by the director in the absence of being elected at the annual meeting, the director shall fix the compensation to be paid, if any.

(5) The treasurer of the water measurement district shall only disburse moneys from the water measurement district account upon submission of a written voucher approved by the district hydrographer for expenses incurred for water measurement district purposes related to the district or by a voucher approved by the chairman of the advisory committee for activities pursuant to resolutions adopted by the appropriators or water users from district funds.

(6) It shall be the duty of the water measurement district treasurer to prepare a statement of the financial affairs of the district at the end of each fiscal year and to file the statement with the director of the department of water resources. An audit of the financial affairs of the district shall be made as required in section 67-450B, Idaho Code. A certified copy of the audit shall be filed with the director of the department of water resources following the audit.

(7) In water measurement districts with an annual budget of three thousand dollars ($3,000) or less, the appropriators or water users may, by resolution adopted at the annual meeting, authorize the district hydrographer to serve as water measurement district treasurer. District hydrographers in water measurement districts with annual budgets in excess of three thousand dollars ($3,000) shall not be authorized to act as water measurement district treasurer.

History:

[42-715, added 1995, ch. 291, sec. 3, p. 1023.]
Idaho Code § 42-4015 — Idaho Code / Title 42 / Chapter 40 / Section 42-4015
42-4015 STATUTORY CONSTRUCTION.
Status: in_force

42-4015. Statutory construction. Whenever the masculine gender is used in this act it shall read as the masculine, feminine, or neuter genders as may be appropriate; the singular form shall also be read as referring to the plural form wherever it is appropriate to do so.

History:

[42-4015, added 1972, ch. 301, sec. 16, p. 749.]
Idaho Code § 42-2207 — Idaho Code / Title 42 / Chapter 22 / Section 42-2207
42-2207 FORECLOSURE OF LIEN.
Status: in_force

42-2207. Foreclosure of lien. Proceedings in the way of civil action in the district courts may be commenced and maintained to enforce the lien herein provided, which proceedings may embrace one or more parcels of land, or one or more landowners, or reputed landowners; and except as otherwise provided herein, the provisions of the Idaho laws relating to civil actions, new trials and appeals, are applicable to and constitute the rules of practice in proceedings under this chapter; and except as otherwise provided, the nature and effect of a judgment of foreclosure shall be the same as the foreclosure of a first real estate mortgage: provided, that the sale of such land under foreclosure shall pass to the purchaser, all ditch and water rights appurtenant thereto, and the interests, including corporate stock, of the owner or holder of such land in such corporation, company or association.

History:

[(42-2207) 1913, ch. 120, sec. 6, p. 466; reen. C.L. 129:7; C.S., sec. 3046; I.C.A., sec. 41-1907.]
Idaho Code § 42-202B — Idaho Code / Title 42 / Chapter 2 / Section 42-202B
42-202B DEFINITIONS.
Status: in_force

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 into products, or otherwise does not return to the waters of the state. Consumptive use is not an element of a water right. Consumptive use does not include any water that falls as precipitation directly on the place of use. Precipitation shall not be considered to reduce the consumptive use of a water right. "Authorized consumptive use" means the maximum consumptive use that may be made of a water right. If the use of a water right is for irrigation, for example, the authorized consumptive use reflects irrigation of the most consumptive vegetation that may be grown at the place of use. Changes in consumptive use do not require a transfer pursuant to section 42-222, Idaho Code.

(2) "Digital boundary" means the boundary encompassing and defining an area consisting of or incorporating the place of use or permissible place of use for a water right prepared and maintained by the department of water resources using a geographic information system in conformance with the national standard for spatial data accuracy or succeeding standard.

(3) "Local public interest" is defined as the interests that the people in the area directly affected by a proposed water use have in the effects of such use on the public water resource.

(4) "Municipality" means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution.

(5) "Municipal provider" means:

(a) A municipality that provides water for municipal purposes to its residents and other users within its service area;

(b) Any corporation or association holding a franchise to supply water for municipal purposes, or a political subdivision of the state of Idaho authorized to supply water for municipal purposes, and which does supply water, for municipal purposes to users within its service area; or

(c) A corporation or association which supplies water for municipal purposes through a water system regulated by the state of Idaho as a "public water supply" as described in section 39-103(12), Idaho Code.

(6)(a) "Municipal purposes" refers to water that a municipal provider is entitled or obligated to supply to users within a service area, including those located outside the boundaries of a municipality served by a municipal provider, for residential use, commercial use, industrial use, irrigation of parks and open spaces, geothermal heating and cooling, and related purposes, or a combination thereof.

(b)(i) Geothermal heating and cooling are considered "municipal purposes" if:

1. It is provided by a municipality from a low temperature geothermal water source, as that term is defined in section 42-230(a)(1), Idaho Code;

2. The water use is non-consumptive under normal operating conditions; and

3. The use otherwise complies with section 42-233, Idaho Code.

(ii) A municipality is obligated to supply geothermal heating and cooling only to those users approved for service in accordance with its local codes and policies.

(7) "Planning horizon" refers to the length of time that the department determines is reasonable for a municipal provider to hold water rights to meet reasonably anticipated future needs. The length of the planning horizon may vary according to the needs of the particular municipal provider.

(8) "Reasonably anticipated future needs" refers to future uses of water by a municipal provider for municipal purposes within a service area which, on the basis of population and other planning data, are reasonably expected to be required within the planning horizon of each municipality within the service area not inconsistent with comprehensive land use plans approved by each municipality. Reasonably anticipated future needs shall not include uses of water within areas overlapped by conflicting comprehensive land use plans. Reasonably anticipated future needs for geothermal heating and cooling require injection of diverted low temperature geothermal water back into the same aquifer from which it was diverted and shall be considered when determining what needs will be expected within the planning horizon.

(9) "Service area" means that area within which a municipal provider is or becomes entitled or obligated to provide water for municipal purposes. For a municipality, the service area shall correspond to its corporate limits, or other recognized boundaries, including changes therein after the permit or license is issued. The service area for a municipality may also include areas outside its corporate limits, or other recognized boundaries, that are within the municipality's established planning area if the constructed delivery system for the area shares a common water distribution system with lands located within the corporate limits. For a municipal provider that is not a municipality, the service area shall correspond to the area that it is authorized or obligated to serve, including changes therein after the permit or license is issued.

History:

[42-202B, added 1996, ch. 297, sec. 2, p. 970; am. 1997, ch. 373, sec. 1, p. 1188; am. 2000, ch. 132, sec. 36, p. 344; am. 2002, ch. 306, sec. 1, p. 870; am. 2003, ch. 298, sec. 1, p. 806; am. 2004, ch. 258, sec. 1, p. 733; am. 2005, ch. 167, sec. 15, p. 526; am. 2026, ch. 65, sec. 2, p. 268.]
Idaho Code § 42-3204 — Idaho Code / Title 42 / Chapter 32 / Section 42-3204
42-3204 PETITION — CONTENTS — AMENDMENTS.
Status: in_force

42-3204. Petition — Contents — Amendments. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the proposed district is situated. The petition shall be signed by not less than ten per cent (10%) of the taxpayers of the district, who pay a general tax on real property owned by him or her within the district; provided, however, that no single tract or parcel of property containing five (5) acres or more may be included in any district organized under this act without the consent of the owner or owners thereof.

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name preceding the words, "water district" or "sewer district," or "water and sewer district."

(2) A general description of the improvements to be constructed or installed within and for the district.

(3) The estimated cost of the proposed improvements.

(4) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

(5) A prayer for the organization of the district.

No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.

History:

[42-3204, added 1947, ch. 152, sec. 4, p. 364.]
Idaho Code § 42-1734A — Idaho Code / Title 42 / Chapter 17 / Section 42-1734A
42-1734A COMPREHENSIVE STATE WATER PLAN.
Status: in_force

42-1734A. Comprehensive state water plan. (1) The board shall, subject to legislative approval, progressively formulate, adopt and implement a comprehensive state water plan for conservation, development, management and optimum use of all unappropriated water resources and waterways of this state in the public interest. The comprehensive state water plan shall consist of: Part A — statewide policies, goals and objectives; and Part B — component water plans for individual waterways, river basins, drainage areas, river reaches, ground water aquifers or other geographic designations. As part of Part B of the comprehensive state water plan, the board may designate selected waterways as protected rivers as provided in this chapter. The comprehensive state water plan shall be based upon studies and public hearings in affected areas at which all interested parties shall be given the opportunity to appear, or to present written testimony in response to published proposals for such policy programs and proposed designations. A minimum of sixty (60) days shall be allowed between publication of a proposal and the date on which no further testimony on the proposal will be accepted. All comments in writing shall be preserved as a part of the record of the board. In adopting a comprehensive state water plan the board shall be guided by these criteria:

(a) Existing rights, established duties, and the relative priorities of water established in article XV, section 3, of the constitution of the state of Idaho, shall be protected and preserved;

(b) Optimum economic development in the interest of and for the benefit of the state as a whole shall be achieved by integration and coordination of the use of water and the augmentation of existing supplies and by protection of designated waterways for all beneficial purposes;

(c) Adequate and safe water supplies for human consumption and maximum supplies for other beneficial uses shall be preserved and protected;

(d) Subject to prior existing water rights for the beneficial uses now or hereafter prescribed by law, minimum stream flow for aquatic life, recreation and aesthetics and the minimization of pollution and the protection and preservation of waterways in the manner hereafter provided shall be fostered and encouraged and consideration shall be given to the development and protection of water recreation facilities;

(e) Watershed conservation practices consistent with sound engineering and economic principles shall be encouraged.

(2) The board may develop a comprehensive state water plan in stages based upon waterways, river basins, drainage areas, river reaches, groundwater aquifers, or other geographic considerations. The component of the comprehensive state water plan prepared for particular water resources and waterways shall contain, among other things, the following:

(a) A description of the water resources and waterway or waterways that are the subject of the plan, including pertinent maps detailing the geographic area of the plan;

(b) A description of the significant resources of the water resources and waterway or waterways;

(c) A description of the various existing and planned uses for these resources including currently undeveloped areas of the waterway and future plans for those areas, with a discussion of the advantages and disadvantages associated with each planned use; and

(d) A discussion of goals, objectives, and recommendations for improving, developing, or conserving the water resources and waterway or waterways in relation to these resources, including an examination of how different uses will promote the overall public interest, a statement as to the goals the plan expects to achieve, and an analysis of how any specific recommendations further those goals. A description of the methodology used in developing the plan shall be included.

(3) The description of the resources and uses in subsections (2)(b) and (2)(c) of this section shall contain, among other things:

(a) navigation;

(b) power development;

(c) energy conservation;

(d) fish and wildlife;

(e) recreational opportunities;

(f) irrigation;

(g) flood control;

(h) water supply;

(i) timber;

(j) mining;

(k) livestock watering;

(l) scenic values;

(m) natural or cultural features;

(n) domestic, municipal, commercial and industrial uses; and

(o) other aspects of environmental quality and economic development.

(4) The comprehensive state water plan may designate protected rivers. Designations shall be based upon a determination by the board that the value of preserving a waterway for particular uses outweighs that of developing the waterway for other beneficial uses and shall specify whether a protected river is designated as a natural or recreational river. The plan may also describe those water resources and waterways which are not designated as protected rivers.

(5) In designating a natural river, the board shall prohibit the following activities:

(a) construction or expansion of dams or impoundments;

(b) construction of hydropower projects;

(c) construction of water diversion works;

(d) dredge or placer mining;

(e) alterations of the stream bed; and

(f) mineral or sand and gravel extraction within the stream bed.

(6) In designating a recreational river, the board shall determine which of the activities listed in subsection (5) of this section shall be prohibited and may specify the terms and conditions under which activities that are not prohibited may go forward.

(7) Any prohibition or terms and conditions imposed pursuant to subsections (5) and (6) of this section shall remain in effect until the legislature acts upon the recommendation of the board as provided in section 42-1734B, Idaho Code, or until the legislature revokes its earlier approval of a protected river by law.

History:

[42-1734A, added 1988, ch. 370, sec. 5, p. 1096; am. 1998, ch. 63, sec. 1, p. 221.]
Idaho Code § 42-3002 — Idaho Code / Title 42 / Chapter 30 / Section 42-3002
42-3002 OPTIONAL PROCEDURE.
Status: in_force

42-3002. Optional procedure. Whenever any drainage district has issued bonds and the same are outstanding and unpaid, and the same have been outstanding and unpaid for more than three (3) years, the district may, in the manner hereafter provided, issue and sell bonds for the purpose of paying and redeeming such outstanding bonds, and may call and pay said bonds, or at its option, may authorize the issue of sufficient bonds to pay and redeem the whole of such outstanding bonds, but may issue and sell the same in such amounts from year to year, as will pay and redeem the outstanding bonds falling due each year, and may continue to issue and sell such refunding bonds until the whole of the outstanding bond issue, which has been refunded, is paid and redeemed.

History:

[(42-3002) 1925, ch. 21, sec. 2, p. 29; I.C.A., sec. 41-2602.]
Idaho Code § 42-3306 — Idaho Code / Title 42 / Chapter 33 / Section 42-3306
42-3306 TENURE OF OFFICE — REMUNERATION AND EXPENSES — REDUCTION OF NUMBER.
Status: in_force

42-3306. Tenure of office — Remuneration and expenses — Reduction of number. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the states of Utah and Wyoming shall appoint but one (1) commissioner to perform such services for said respective states, then and in that event, the governor of the state of Idaho may, in his discretion, reduce the number of commissioners of the state of Idaho from three (3) to one (1), who shall exercise all the rights and duties imposed by this act.

History:

[42-3306, added 1943, ch. 90, sec. 6, p. 180.]
Idaho Code § 42-2803 — Idaho Code / Title 42 / Chapter 28 / Section 42-2803
42-2803 ELECTION PROCEDURE SAME AS IN OTHER COUNTY BOND ELECTIONS.
Status: in_force

42-2803. Election procedure same as in other county bond elections. In calling and holding such elections and canvassing the vote and in all other proceedings not otherwise provided herein, the board of county commissioners shall follow the procedure prescribed by law for county bond elections, and at such elections to authorize indebtedness, the electors shall have the qualifications prescribed by section 31-1903 for other county bond elections, and in addition thereto must be taxpayers in said county.

History:

[(42-2803) 1921, ch. 222, sec. 3, p. 492; I.C.A., sec. 41-2403.]
Idaho Code § 42-2974 — Idaho Code / Title 42 / Chapter 29 / Section 42-2974
42-2974 FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT.
Status: in_force

42-2974. Filing and recording of release and discharge — Effect. Such release and discharge, when filed for record and recorded in the office of the county recorder of the county in which such tract, lot or parcel of land is situate, shall operate as a release and discharge of the land therein described from the payment of all existing indebtedness of said district, and release the same from the lien thereof, created by the assessment roll of said district, confirmed by the court; save and except levies made or to be made for the operation and maintenance of said district.

History:

[42-2974, added 1935, ch. 56, sec. 4, p. 105.]
Idaho Code § 42-3120 — Idaho Code / Title 42 / Chapter 31 / Section 42-3120
42-3120 ENLARGEMENT OF DISTRICT — PETITION.
Status: in_force

42-3120. Enlargement of district — Petition. An existing district may be enlarged in the same manner as a district may be originally organized pursuant to the provisions of this act, except that a petition for the enlargement of an existing district shall be signed by at least one-third (1/3) of the qualified voters in the area of the proposed extension to this existing district, as shall be determined by the voters who voted in the last general election next preceding the filing of the petition for enlargement; and shall bear the indorsement of the board of the existing district certifying that the proposed enlargement is desirable.

History:

[42-3120, added 1971, ch. 300, sec. 20, p. 1219.]
Idaho Code § 42-1714 — Idaho Code / Title 42 / Chapter 17 / Section 42-1714
42-1714 RULES.
Status: in_force

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 to provide an abandonment plan to assure that the site will be in a safe maintenance-free condition upon completion of the mining operation. The rules shall also require the owner to provide to the director a bond or other acceptable surety adequate to complete the abandonment plan if the owner abandons the site without conforming to the plan. The amount of the bond shall be determined by the director and shall be established to avoid duplication with sureties deposited with other governmental agencies. In lieu of any surety required hereunder, the owner may deposit cash and governmental securities with the director in an amount equal to that of the required surety on conditions as prescribed in the rules.

History:

[42-1714, added 1969, ch. 280, sec. 5, p. 833; am. 1974, ch. 20, sec. 15, p. 533; am. 1978, ch. 309, sec. 5, p. 789; am. 2000, ch. 298, sec. 1, p. 1029.]
Idaho Code § 42-4405 — Idaho Code / Title 42 / Chapter 44 / Section 42-4405
42-4405 PETITION FOR ORGANIZATION.
Status: in_force

42-4405. Petition for organization. For the purpose of the formation of a levee district a petition shall be presented to the clerk of the district court of the county in which the greater portion of the lands of the proposed levee district are located. The petition must be signed by at least one-fourth (1/4) of the taxpayers of the district who pay a general tax on real property which is owned by them within the proposed district. The petition shall set forth:

(1) The name of the proposed district;

(2) The object of the organization of the proposed levee district;

(3) A designation of the temporary boundaries of the district;

(4) The approximate number of acres of land in the proposed district therein;

(5) A description of the levee to be maintained, operated or constructed;

(6) The general location of the levee;

(7) A statement that the establishment of the district and the proposed maintenance, operation or construction of the levee will be conducive to the public health, convenience and welfare, or increase the public revenue, or that the establishment of said district and the maintenance, operation, or construction of the levee is a proper and advantageous method of accomplishing the relief sought; and

(8) A prayer for organization of the district.

History:

[42-4405, added 1990, ch. 396, sec. 1, p. 1109.]
Idaho Code § 42-2971 — Idaho Code / Title 42 / Chapter 29 / Section 42-2971
42-2971 PAYMENT OF ANNUAL OR DELINQUENT ASSESSMENTS OR UNPAID LIENS WITH BONDS, MATURED INTEREST COUPONS, WARRANTS OR CASH.
Status: in_force

42-2971. Payment of annual or delinquent assessments or unpaid liens with bonds, matured interest coupons, warrants or cash. Any person or corporation having an interest in or title to, or recorded mortgage or other lien upon any tract, lot or parcel of land, or any part thereof, situate within the boundaries of any drainage district now organized and existing, or that may hereafter be organized, under the laws of the state of Idaho, may at any time pay all or any part of the annual or delinquent drainage assessments due at the time of such payment, except as hereinafter otherwise provided, or may pay the whole or any part of the unpaid portion of the lien against said property as shown by the assessment roll of said district as confirmed by the court and filed with the county auditor, whether due or to become due, together with the accrued interest, if any, on any such annual or delinquent assessments, either in lawful money of the United States or with the bonds of the district at the face or par value thereof, of any date, number, series or denomination, whether original issue, funding or refunding and whether such bonds are due at the time of payment or will become due at a future date, and/or with warrants or matured interest coupons of said district at the face or par value of the same; and it shall be the duty of the county treasurer of the county in which said land is situate to accept said bonds, matured interest coupons and warrants in payment, or part payment, of any such annual or delinquent drainage assessments, or in payment of the unpaid portion of the lien against said real property created by the assessment roll of such drainage district; provided, however, that such bonds, interest coupons, and warrants hereinabove referred to shall have been issued by said drainage district subsequent to the date this act becomes effective.

History:

[42-2971, added 1935, ch. 56, sec. 1, p. 105.]
Idaho Code § 42-4208 — Idaho Code / Title 42 / Chapter 42 / Section 42-4208
42-4208 NOTICE OF ELECTION.
Status: in_force

42-4208. Notice of election. The secretary of the district shall give notice of all elections in the district by publication of the notice in accordance with the provisions of section 34-1406, Idaho Code. Notices shall state the time of said election and the location of polling places within the district and the directors to be elected or other question to be voted upon, as the case may be.

History:

[42-4208, added 1978, ch. 293, sec. 1, p. 730; am. 1995, ch. 118, sec. 78, p. 493.]
Idaho Code § 42-1767 — Idaho Code / Title 42 / Chapter 17 / Section 42-1767
42-1767 APPROVAL OF PROJECTS — AUTHORITY OF WATER USERS TO CONTRACT WITH BOARD — AUTHORIZING THE BOARD'S ACQUISITION OF INTEREST IN PROJECTS.
Status: in_force

42-1767. Approval of projects — Authority of water users to contract with board — Authorizing the board's acquisition of interest in projects. Irrigation districts, canal companies, irrigation companies, water user associations and water associations are authorized to hold elections, subject to the provisions of section 34-106, Idaho Code, for the purpose of submitting a question to their qualified voters, members or stockholders, as the case may be, as to whether the district, company or association should finance the projects and facilities through the Idaho water resource board for the purposes set forth in section 42-1740, Idaho Code. A two-thirds (2/3) vote is required to approve the project. Any irrigation district, canal company, irrigation company, water user association or water association, is hereby authorized to enter into any agreement or agreements with the board with respect to an approved project within the state of Idaho, including but not limited to, agreements providing for the sale, lease or other transfer of title to real and personal property or providing for the maintenance or operation of projects rehabilitated or repaired, or pertaining to the loan or grant of funds for such projects, and said irrigation district, canal company, irrigation company, water user association or water association is hereby authorized to levy assessments as may be necessary therefor. The statutory rights and duties of any such entity shall not in any way be limited or diminished due to any such agreement or agreements with the board. In the event the board acquires an ownership interest, the board shall not assume any liabilities thereon as a result of such transfer of ownership, provided however, that it shall not acquire any voting rights in any irrigation district, canal company, water user's association or similar entity as a result thereof.

History:

[42-1767, added 1981, ch. 90, sec. 3, p. 128; am. 1995, ch. 118, sec. 58, p. 473.]
Idaho Code § 42-2701 — Idaho Code / Title 42 / Chapter 27 / Section 42-2701
42-2701 SALES UNDER GOVERNMENT IRRIGATION WORKS.
Status: in_force

42-2701. Sales under government irrigation works. Whenever the United States shall, through its proper officers, authorize the construction of any irrigation works in this state under the provisions of the Reclamation Act of June 17, 1902, no lands belonging to the state whose irrigation depends upon the construction of such works shall, after such authorization for construction shall have been publicly announced or communicated by such proper officer to the governor of the state, be sold except in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the state, until the applicant therefor shall have fully complied with the provisions of the laws of the United States, and the regulations thereunder, concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued.

History:

[(42-2701) 1905, p. 373, sec. 2; reen. R.C., sec. 1583; reen. C.L. 131:1; C.S., sec. 3069; I.C.A., sec. 41-2301.]
Idaho Code § 42-3114 — Idaho Code / Title 42 / Chapter 31 / Section 42-3114
42-3114 COMPENSATION OF COMMISSIONERS.
Status: in_force

42-3114. Compensation of commissioners. The commissioners of the district shall fix by resolution the compensation they shall each receive for their services for each day they shall actually be engaged in the business of their office, and shall fix by resolution the reimbursement they shall each receive for their travel and their necessary expenses for each day they shall be away from their place of residence and engaged in the business of their office, subject to the limits provided in section 67-2008, Idaho Code. The commissioners shall present an itemized account under oath on forms prescribed by the board.

History:

[42-3114, added 1971, ch. 300, sec. 14, p. 1219; am. 1978, ch. 244, sec. 1, p. 535; am. 2014, ch. 72, sec. 2, p. 184; am. 2025, ch. 154, sec. 2, p. 759.]
Idaho Code § 42-1305 — Idaho Code / Title 42 / Chapter 13 / Section 42-1305
42-1305 LATERAL MANAGER — APPOINTMENT BY DIRECTOR OF DEPARTMENT OF WATER RESOURCES.
Status: in_force

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 the department of water resources may appoint and set the compensation of a lateral manager upon the written request from one (1) or more of the association's water users alleging that water is not being apportioned and distributed properly among the water users from the lateral and that the rights of the water users are thereby being injured.

(2) A lateral manager appointed by the director pursuant to this section:

(a) May set and collect assessments as is necessary to achieve the proper allocation and distribution of water from laterals;

(b) Shall not borrow money or otherwise mortgage or pledge assets pursuant to this chapter; and

(c) Shall serve only for the period fixed by the appointment and not beyond the remainder of the year in which the manager is appointed.

(3) If the lateral is within a water district established pursuant to chapter 6, title 42, Idaho Code, the director shall, upon receipt of request for appointment of a lateral manager, advise the watermaster of the request and invite the watermaster to make recommendations concerning the need for appointment of a lateral manager and the nomination of a person to be appointed if an appointment is necessary.

(4) The director shall make a reasonable effort to provide written notice of the request to all affected lateral water users. Except in the case of serious threat of imminent injury to person or property, the director shall allow fourteen (14) days for written response to the request.

(5) Based on a review of the request, the responses thereto, the recommendations of the watermaster, and any investigation by the department of water resources, the director shall issue a decision either appointing a lateral manager or declining appointment of a lateral manager. Any person aggrieved by the director's decision shall be entitled to request a hearing before the director pursuant to section 42-1701A, Idaho Code.

History:

[42-1305, added 2026, ch. 112, sec. 18, p. 572.]
Idaho Code § 42-1210 — Idaho Code / Title 42 / Chapter 12 / Section 42-1210
42-1210 INJURING DITCH OR HEADGATE — TRIPLE DAMAGES.
Status: in_force

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, title 42, Idaho Code, or a watermaster of a water district established pursuant to chapter 6, title 42, Idaho Code, wrongfully:

(a) Divert any water from the ditch or channel where it was placed, caused to be, or left to run by the water delivery organization, a lateral manager, a watermaster, or an authorized representative thereof;

(b) Shut or open any ditch, gate, pump, diversion structure, or dam with intent to:

(i) Divert any water without a right to do so; or

(ii) Deprive any person of the use of the water during any part of the time that such person is entitled to the use of such water;

(c) Cut or alter any ditch; or

(d) Break or destroy any gate, pump, diversion structure, or dam.

(2) A person who violates the provisions of this section shall be liable in a civil action to the person injured at three (3) times the actual damage sustained in consequence of any such wrongful act or acts.

History:

[42-1210, added 2026, ch. 112, sec. 2, p. 569.]
Idaho Code § 42-3233 — Idaho Code / Title 42 / Chapter 32 / Section 42-3233
42-3233 MERGER AUTHORIZED.
Status: in_force

42-3233. Merger authorized. Two (2) or more water and/or sewer districts may vote to merge upon such terms as the districts may agree. In order to bring the matter to a vote, each board of directors, by majority vote, must independently vote to call an election for a vote to merge.

History:

[42-3233, added 1982, ch. 88, sec. 1, p. 163.]
Idaho Code § 42-212 — Idaho Code / Title 42 / Chapter 2 / Section 42-212
42-212 DIVERSION OF PRIVATE WATERS.
Status: in_force

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 is located or situated wholly or entirely upon the lands of a person or corporation, except to the person or corporation owning said land, or with his or its written permission, executed and acknowledged as required for the conveyance of real estate.

History:

[(42-212) 1911, ch. 230, sec. 1, p. 782; reen. C.L., sec. 3255a; C.S., sec. 5572; I.C.A., sec. 41-206.]
Idaho Code § 42-5253 — Idaho Code / Title 42 / Chapter 52 / Section 42-5253
42-5253 ORDER OF EXCLUSION.
Status: in_force

42-5253. Order of exclusion. (1) In the event the district's board of directors grants a petition for exclusion, the board shall, by resolution, make an order forthwith excluding the lands described in the petition either for all purposes or for only those purposes not related to mitigation. No hearing is required prior to granting a petition for exclusion.

(2) At a minimum, the order of exclusion shall specify that:

(a) Lands excluded for all purposes shall not be a part of or be entitled to receive any benefits from the district;

(b) Lands excluded only for purposes not related to mitigation, shall continue to be part of the district for mitigation purposes only and shall be assessed for these purposes as provided under this chapter;

(c) Any excluded lands are subject to the requirements of section 42-5257, Idaho Code.

(d) When the petition is filed on or before December 1 in any calendar year, any assessment, other than those specified in section 42-5257, Idaho Code, against the land for any calendar year subsequent to the year in which the petition was filed shall not be valid and no lien for any such attempted assessment shall attach under section 42-5240, Idaho Code.

History:

[42-5253, added 1995, ch. 290, sec. 1, p. 1005; am. 2005, ch. 367, sec. 16, p. 1165.]
Idaho Code § 42-3503 — Idaho Code / Title 42 / Chapter 35 / Section 42-3503
42-3503 TERMS OF BEAR RIVER COMPACT COMMISSIONERS — FILLING VACANCIES.
Status: in_force

42-3503. Terms of Bear River Compact commissioners — Filling vacancies. The appointment of each commissioner shall be for a six (6) year term but may be terminated at the pleasure of the governor: Provided that the appointments of the commissioners first appointed shall terminate at two (2) year intervals beginning with the end of the first even numbered year after the Bear River Compact goes into effect. Vacancies shall be filled for the unexpired term in which the vacancy occurs.

History:

[42-3503, added 1955, ch. 219, sec. 3, p. 468.]
Idaho Code § 42-4101 — Idaho Code / Title 42 / Chapter 41 / Section 42-4101
42-4101 SHORT TITLE.
Status: in_force

42-4101. Short title. The following eighteen (18) sections may be cited as the "Water and Sewer District Revenue Bond Act."

History:

[42-4101, added 1976, ch. 62, sec. 1, p. 211.]
Idaho Code § 42-1734F — Idaho Code / Title 42 / Chapter 17 / Section 42-1734F
42-1734F RIGHTS NOT AFFECTED.
Status: in_force

42-1734F. Rights not affected. (1) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall in any way limit, restrict, or conflict with approved applications for the appropriation of water or with vested property rights existing on the date a waterway is designated for protected river status or interim protected river status. For the purpose of this chapter, nonvested rights shall include, but not be limited to, pending applications for state mining permits or mineral leases, and pending applications for the appropriation of water.

(2) No provision of this chapter, or any rules or regulations promulgated pursuant to this chapter shall bar a water user or his agent from cleaning, maintaining or replacing a water diversion structure existing on or before the date a river is designated as protected. A water user or his agent may remove any obstructions from the stream channel, if such obstruction interferes with the delivery of, or use of, water under any existing water right. The provisions of this section do not relieve a person from complying with any other applicable laws.

(3) Nothing in this act shall prevent or restrict the relicensing of existing hydropower projects that have been previously licensed by the federal energy regulatory commission and which have generated electricity. Any designation of waterways as interim protected rivers or protected rivers shall not affect the operation or relicensing, including but not limited to the expansion of capacity which does not enlarge existing boundaries or project impoundments of any hydropower project existing and that has been previously licensed by the federal energy regulatory commission and which have generated electricity as of the date of the designation.

History:

[42-1734F, added 1988, ch. 370, sec. 5, p. 1100.]
Idaho Code § 42-1401B — Idaho Code / Title 42 / Chapter 14 / Section 42-1401B
42-1401B ROLE OF THE DIRECTOR IN AN ADJUDICATION.
Status: in_force

42-1401B. Role of the director in an adjudication. (1) The director's role under this chapter is as an independent expert and technical assistant to assure that claims to water rights acquired under state law are accurately reported in accordance with the procedures of chapter 14, title 42, Idaho Code. The director shall make recommendations as to the extent of beneficial use and administration of each water right under state law and may use uniform parameters for quantification of beneficial use recommended for rights within climatic regions of the state.

(2) The director shall not be a claimant on behalf of the state or any subdivision of the state in an adjudication.

(3) The director shall not be a party to an adjudication.

History:

[42-1401B, added 1994, ch. 454, sec. 3, p. 1446.]
Idaho Code § 42-5130 — Idaho Code / Title 42 / Chapter 51 / Section 42-5130
42-5130 COSTS.
Status: in_force

42-5130. Costs. On appeal, costs shall be taxed as in other civil cases. Costs of recording the order of exclusion shall be borne by petitioners when the order is entered by the board of directors and by the ground water management district when entered by the district court.

History:

[42-5130, added 1987, ch. 349, sec. 1, p. 778.]
Idaho Code § 42-4417 — Idaho Code / Title 42 / Chapter 44 / Section 42-4417
42-4417 MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
Status: in_force

42-4417. Maintenance of system — District not to be operated for profit. Any levee district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the residents and property owners of said district.

History:

[42-4417, added 1990, ch. 396, sec. 1, p. 1115.]
Idaho Code § 42-3320 — Idaho Code / Title 42 / Chapter 33 / Section 42-3320
42-3320 LEGAL, ENGINEERING AND OTHER ASSISTANCE.
Status: in_force

42-3320. Legal, engineering and other assistance. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistance as the governor and attorney general and director of the department of water resources and the board of examiners of the state of Idaho might deem advisable and necessary.

History:

[42-3320, added 1951, ch. 61, sec. 2, p. 89.]
Idaho Code § 42-2936 — Idaho Code / Title 42 / Chapter 29 / Section 42-2936
42-2936 ASSESSMENTS ENTERED AS TAX LIENS — INSTALLMENTS.
Status: in_force

42-2936. Assessments entered as tax liens — INSTALLMENTS. A similar transcript duly certified by the clerk which shall contain a list of the names of all persons and corporations benefited by said improvement and the amount of the assessment upon each lot, parcel or governmental subdivision shall be by said clerk filed with the auditor of the county, who shall immediately enter the same upon the tax rolls of his office, as provided by law for the entry of other taxes, against the land of each of the said persons named in the list, together with the amounts thereof; and the same shall be subject to the same interest and penalties in case of delinquency as in case of general taxes and shall be collected in the same manner as other taxes and subject to the same right of redemption, and the lands sold for the collection of said taxes shall be subject to the same right of redemption, as the sale of lands for general taxes; provided, that said assessment shall not become due and payable except at such time or times and in such amounts as may be designated by the board of commissioners of said drainage district, which designation shall be made to the county auditor by said board of commissioners of said drainage district, by serving written notice upon the county auditor designating the time and the amount of the assessment, said assessment to be in proportion to the benefits to become due and payable, which amount shall fall due at the time of the falling due of general taxes, and the amount so designated shall be added by the auditor to the general taxes of said person, persons or corporation, according to said notice, upon the assessment rolls in his said office, and collected therewith: provided further, that no one call for assessment for the payment or retirement of any bonds or warrants by said commissioners shall be in amount to exceed twenty percent (20%) of the actual amount necessary to pay the cost of proceedings, and the establishment of said district and drainage system and the cost of construction of said work. In all calls for assessments made under the provisions hereof for the payment or retirement of any bonds or warrants issued subsequent to February 25, 1935, the commissioners shall itemize the various items for which a call is made, specifying the percentage called against the assessment roll for bond interest, bond redemption, warrant interest, warrant redemption, operation and maintenance and any other purpose for which a call is made. The board by resolution shall, prior to any call for the payment or retirement of any bonds or warrants issued subsequent to February 25, 1935, determine separately the interest requirement for bonds and warrants outstanding and shall not make a call or levy for interest payment in excess of the actual amount required stated separately. Calls made for the payment of such prior bonds and warrants issued prior to September 25, 1935, as to itemization thereof, as to the specification of the percentage called against the assessment roll for the foregoing purposes and as to the separate determination of interest requirements for the payment of outstanding bonds and warrants and as to the call or levy in amount for interest or principal payments or for the payment of funding or refunding bonds issued heretofore or hereafter to fund or to refund or to pay any of said prior warrants or bonds, shall be as provided by the statutes of Idaho in effect prior to February 25, 1935.

History:

[(42-2936) 1913, ch. 16, part of sec. 16, p. 58; reen. C.L. 168:33; C.S., sec. 4527; I.C.A., sec. 41-2536; am. 1935, ch. 55, sec. 1, p. 103; am. 1939, ch. 229, sec. 1, p. 512; am. 2018, ch. 92, sec. 2, p. 197.]
Idaho Code § 42-610 — Idaho Code / Title 42 / Chapter 6 / Section 42-610
42-610 COMPENSATION OF WATERMASTERS — ALLOTMENT AND CHARGE AGAINST LAND — CHARGE AGAINST CANAL.
Status: in_force

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 assessed to each user shall be a pro rata share based on the volume of water delivered to each water user in proportion to the whole amount delivered to all water users. When any portion of the allotted waters is distributed by said watermaster to the canal of any water delivery organization, the amount of the expense chargeable for such services shall be assessed against such canal.

History:

[(42-610) 1903, sec. 29, p. 223; am. 1907, sec. 1, p. 482; reen. R.C., sec. 3280; am. 1915, ch. 34, sec. 15, p. 110; reen. C.L., sec. 3280; C.S., sec. 5614; am. 1925, ch. 60, sec. 2, p. 86; am. 1927, ch. 81, sec. 1, p. 99; I.C.A., sec. 41-510; am. 1992, ch. 339, sec. 12, p. 1023; am. 2020, ch. 52, sec. 5, p. 128.]
Idaho Code § 42-2812 — Idaho Code / Title 42 / Chapter 28 / Section 42-2812
42-2812 SINKING FUND.
Status: in_force

42-2812. Sinking fund. The board of county commissioners of any county in which any irrigation or drainage project is established under this chapter are authorized to provide by resolution for a sinking fund for the payment of the bonds issued under the provisions of this chapter and for such purpose and in order to provide a fund to meet all payments of the principal and interest on such bonds as the same come due and to cover deficiencies or delays in collections shall provide an assessment each year, ten per cent (10%) in excess of the amount of the principal and interest coming due the following year on the bonds issued by such county under this chapter until such time as a reserve fund shall have been accumulated in the county treasury from such excess assessments to an amount of at least ten per cent (10%) of the bonds issued by such county for such irrigation or drainage project.

History:

[(42-2812) 1921, ch. 222, sec. 12, p. 492; I.C.A., sec. 41-2412.]
Idaho Code § 42-5263 — Idaho Code / Title 42 / Chapter 52 / Section 42-5263
42-5263 NOTICE OF DISSOLUTION ELECTION.
Status: in_force

42-5263. Notice of dissolution election. Notice of such election must be given by posting notices in five (5) public places in each election precinct in said district at least four (4) weeks before the date of said election and by the publication thereof for the same length of time in some newspaper published in each county in which the district or any part thereof is located. Such notice must specify the time and place of holding such election.

History:

[42-5263, added 1995, ch. 290, sec. 1, p. 1008.]
Idaho Code § 42-1106 — Idaho Code / Title 42 / Chapter 11 / Section 42-1106
42-1106 RIGHT OF EMINENT DOMAIN.
Status: in_force

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 proceed as in the law of eminent domain.

History:

[(42-1106) 1899, p. 380, sec. 14; reen. R.C. & C.L., sec. 3304; C.S., sec. 5651; I.C.A., sec. 41-1006; am. 2024, ch. 93, sec. 6, p. 435.]
Idaho Code § 42-5274 — Idaho Code / Title 42 / Chapter 52 / Section 42-5274
42-5274 PROCEDURE FOR CONSOLIDATING ONE GROUND WATER DISTRICT WITHIN ANOTHER HAVING SUBSTANTIALLY LARGER GROUND WATER DIVERSIONS.
Status: in_force

42-5274. Procedure for consolidating one ground water district within another having substantially larger ground water diversions. In those cases where the cumulative total ground water diversions (excluding diversions under domestic and stockwater rights) in one (1) district are less than one-tenth (1/10) of such diversions in the larger district, and the boards of directors deem it for the best interests of the respective districts that the two (2) districts be consolidated into a single district, such boards may seek to consolidate according to the following procedure as an alternative to that described in section 42-5273, Idaho Code:

(1) The boards may propose a contract between them setting forth the terms and conditions of consolidating the district having the smaller ground water diversions into the other district, with the name and officers of the district having the larger ground water diversions still retained.

(2) Once both boards have approved the contract, it shall be submitted for approval by the members of the district having the smaller ground water diversions, together with the question of whether the two (2) districts shall be consolidated under the contract's terms, at a special election held for that purpose in such district. Notice of the election shall be published as required for notices of election for indebtedness. At the election should two-thirds (2/3) of the electors voting, vote in favor of the contract and the consolidation of the districts, the board of directors of the district having the smaller ground water diversions shall petition the board of directors of the district having the larger ground water diversions, which notice shall be published in a newspaper published within the county wherein the office of the board of directors of the district having the larger ground water diversions is situated, for such length of time and covering the same matters as required by a petition to annex land and/or facilities into a district.

(3) The law applicable to the annexation of land into a district after the petition is filed and notice given, shall apply to the consolidation, including an annexation of a smaller district into a larger district.

(4) After the board of directors of the district having the larger ground water diversions has approved the resolution or other decision including within its boundaries the district having the smaller ground water diversions, the board shall file a petition in the district court within the county wherein the principal office of its district is situated, asking for an approval and confirmation of the proceedings thereunder, and the same procedure shall be followed as provided in sections 43-406 through 43-408, Idaho Code, with reference to the confirmation of the proceedings within irrigation districts. In such petition the prayer shall be that the proceedings, together with the contract, may be examined and approved by the court; that after the confirmation of said proceedings the order of the board of directors admitting the smaller district into the district having the larger ground water diversions, containing a description of all the land properly certified by the secretary of the district, shall be filed for record in the office of the recorder of both counties with which the petition was filed.

History:

[42-5274, added 1995, ch. 290, sec. 1, p. 1012.]
Idaho Code § 42-2923 — Idaho Code / Title 42 / Chapter 29 / Section 42-2923
42-2923 SUPPLEMENTAL REPORT.
Status: in_force

42-2923. Supplemental report. The court may also permit the commissioners to present and file a supplemental report as to any matter which, pursuant to the provisions of section 42-2914 might have been included in the original report presented by them, and after reasonable notice given to parties adversely interested in such manner as the court may direct, the court may, upon the hearing in the matter, make such order as the same may require.

History:

[(42-2923) 1913, ch. 16, part of sec. 11, p. 58; compiled and reen. C.L. 168:21; C.S., sec. 4514; I.C.A., sec. 41-2523.]
Idaho Code § 42-4231 — Idaho Code / Title 42 / Chapter 42 / Section 42-4231
42-4231 SEVERABILITY.
Status: in_force

42-4231. 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 remaining portions of this act.

History:

[42-4231, added 1978, ch. 293, sec. 1, p. 740.]
Idaho Code § 42-1504 — Idaho Code / Title 42 / Chapter 15 / Section 42-1504
42-1504 REQUEST TO FILE APPLICATION.
Status: in_force

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 and provide the same information required in the form provided for by section 42-1503, Idaho Code. The board shall consider said request within six (6) months after it is filed and may proceed to reject or accept the proposal. There shall be no right of review of any board decision rejecting a request under this section. If the board decides that the request has merit, the board shall proceed as provided in this act. The board may hold hearings in reaching its decision and shall notify the requesting party of its decision.

History:

[42-1504, added 1978, ch. 345, sec. 11, p. 894.]
Idaho Code § 42-2975 — Idaho Code / Title 42 / Chapter 29 / Section 42-2975
42-2975 CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY.
Status: in_force

42-2975. Cancellation of bonds and warrants upon delivery. All bonds, together with all unmatured coupons attached, matured interest coupons and warrants delivered to the county treasurer under the provisions of this act shall be cancelled in the same manner as if called for payment and paid.

History:

[42-2975, added 1935, ch. 56, sec. 5, p. 105.]
Idaho Code § 42-3216 — Idaho Code / Title 42 / Chapter 32 / Section 42-3216
42-3216 OFFICERS TO LEVY AND COLLECT TAXES.
Status: in_force

42-3216. Officers to levy and collect taxes. It shall be the duty of the body having authority to levy taxes within each county, to levy the taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the district ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.

History:

[42-3216, added 1947, ch. 152, sec. 16, p. 364.]
Idaho Code § 42-2010 — Idaho Code / Title 42 / Chapter 20 / Section 42-2010
42-2010 CONTRACT FOR CONSTRUCTION — LIMITATIONS ON TERMS.
Status: in_force

42-2010. Contract for construction — Limitations on terms. No contract shall be made by the department which requires a greater time than five (5) years for the construction of the works, but such time may be extended by the department for a period not exceeding three (3) years. All contracts shall state that the work shall begin within six (6) months from date of contract; that at least one-tenth (1/10) of the construction work shall be completed within two (2) years from the date of said contract and that the construction shall be prosecuted diligently and continuously to completion. A failure to complete the works within the time required by the contract, or an extension thereof as herein provided, shall forfeit to the state all rights under the same.

This section shall apply to contracts heretofore made as well as to contracts hereafter to be made by the department.

History:

[(42-2010) 1895, p. 215, ch. 2, sec. 13; reen. 1899, p. 282, ch. 2, sec. 13; reen. R.C., sec. 1622; am. 1911, ch. 35, secs. 1, 2, p. 75; reen. C.L., sec. 1622; C.S., sec. 3005; I.C.A., sec. 41-1710.]
Idaho Code § 42-3121 — Idaho Code / Title 42 / Chapter 31 / Section 42-3121
42-3121 CONSOLIDATION OF DISTRICTS.
Status: in_force

42-3121. Consolidation of districts. If the boards of commissioners of any two (2) or more flood control districts which are contiguous deem it for the best interests of their respective district that the same be consolidated into a single district, such boards may petition the director of the department of water resources, state of Idaho, for an order consolidating the said districts.

History:

[42-3121, added 1971, ch. 300, sec. 21, p. 1219.]
Idaho Code § 42-1003 — Idaho Code / Title 42 / Chapter 10 / Section 42-1003
42-1003 SERVICE OF NOTICE OF HEARING — DEPOSITIONS.
Status: in_force

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, and said commissioners shall then proceed to take action in the matter of fixing such rates of compensation for the delivery of water: provided, the applicant or applicants, if the application be made by a party or parties as aforesaid desirous of procuring water, shall, within ten (10) days from the time of entering the said order fixing the hearing, cause a copy of such order, duly certified, to be delivered to the owner or owners of such ditch, canal or conduit or to the president, secretary, or agent of the company, if it be owned by a corporation or association having such officers; if any such owner cannot be found, a copy shall be left at the usual place of business of the company of which he is such officer, or at his residence if such company have [has] no place of business. And if such ditch or water-works aforesaid shall be owned by several owners, not being an incorporated company, it shall be sufficient to serve such notice by delivering a copy to a majority of them. If the applicant be the owner or party controlling such ditch, canal or conduit, such notice shall be given by causing printed copies of such order in handbill form, in conspicuous type, to be posted securely in ten (10) or more places throughout the county and section watered by such ditch or other water-works aforesaid, if the water be used for irrigation. The person or persons making such services or posting such printed copies shall make affidavit of the manner in which the same has been done, which affidavit shall be filed with the board of county commissioners. Depositions mentioned in the preceding section to be used before said commissioners shall be taken by any officer in the state authorized by law to take depositions, upon reasonable notice being given to the opposite party of the time and place of taking the same.

History:

[(42-1003) 1899, p. 380, sec. 28; reen. R.C. & C.L., sec. 3296; C.S., sec. 5643; I.C.A., sec. 41-903]
Idaho Code § 42-2019 — Idaho Code / Title 42 / Chapter 20 / Section 42-2019
42-2019 PROOF OF RECLAMATION AND SETTLEMENT — PATENT.
Status: in_force

42-2019. Proof of reclamation and settlement — Patent. Within one (1) year after any person, company, or persons, association or incorporated company authorized to construct irrigation works under the provisions of this chapter shall have notified the settlers under such works that they are prepared to furnish water for the full irrigation season under the terms of their contract with the state, which notice, however, must first have been served upon the director of the department of water resources, who must cause an investigation of said works to be made, which shall include a report thereon by an engineer of the department; the said settler shall cultivate and reclaim not less than one-sixteenth (1/16) part of the land filed upon, and within two (2) years after the said notice, the settler shall have actually irrigated and cultivated not less than one-eighth (1/8) of the land filed upon, and within three (3) years from the date of said notice, the settler, or if the settler be in the armed forces of the United States at such time, then any person designated by him, shall appear before the director of the department of water resources, a judge or clerk of any court of record within the state, and make final proof of reclamation, settlement and occupation, which proof shall embrace evidence that he is the owner of shares in the works which entitle him to a water right for his entire tract of land sufficient in volume for the complete irrigation and reclamation thereof; that he has been an actual settler thereon and has cultivated and irrigated not less than one-eighth (1/8) part of said tract; and such further proof, if any, as may be required by the regulations of the department of the interior and the department of water resources of the state of Idaho as promulgated by the director: provided, that any settler, after having made application for entry on such land, or acquired the entry by assignment before entering the service, enters the armed forces of the United States as defined as ex-service person in section 42-2014, Idaho Code, may deduct the actual time he was in such service from the time he would otherwise be required to be an actual settler thereon, and provided further, that it shall not be necessary for such ex-service person to show proof of having actually cultivated or irrigated any portion of such land or placed any improvements thereon if such settler has been in actual service in the armed forces as herein defined for one (1) year, or more, or (who) has been honorably discharged from the service, after having made application for entry, or acquired the assignment thereof before entering the service.

All proof so received shall be submitted to the director of the department of water resources, and shall be accompanied by the final payment for said land, and, upon approval of the same by the director, the settler shall be entitled to his patent. If the land shall not be embraced in any patent theretofore issued to the state by the United States, the proofs shall be forwarded to the secretary of the interior, with the request that a patent to said lands be issued to the state.

When the works designed for the irrigation of lands under the provisions of this chapter shall be so far completed as to actually furnish an ample supply of water in a substantial ditch or canal to reclaim any particular tract or tracts of such lands, the state of Idaho shall, through the department of water resources, make proof of such fact and shall apply for a patent to such lands in the manner provided in the regulations of the department of the interior.

History:

[(42-2019) 1895, p. 215, ch. 2, sec. 19; reen. 1899, p. 282, ch. 2, sec. 19; am. 1901, p. 191, sec. 7; am. 1905, p. 95, sec. 1; am. R.C., sec. 1628; am. 1911, ch. 201, sec. 1, p. 666; reen. C.L., sec. 1628; C.S., sec. 3014; I.C.A., sec. 41-1719; am. 1945, ch. 188, sec. 1, p. 294; am. 1974, ch. 164, sec. 7, p. 1397.]
Idaho Code § 42-3202C — Idaho Code / Title 42 / Chapter 32 / Section 42-3202C
42-3202C CHANGING STATUS OF DISTRICT.
Status: in_force

42-3202C. Changing status of district. The board of directors of a water and/or sewer district may, at any time after the formation of such district, determine that the district qualifies as a recreational water and/or sewer district as defined under section 42-3202A, Idaho Code, and that it is in the best interest of the district to petition the court to change the district's status to a recreational water and/or sewer district. Said petition must be filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the existing district is situated. The petition must be signed by the chairman of the district's board of directors and shall set forth the following:

(1) The name of the existing district, date on which said district was formed and a general description of the district's boundaries.

(2) That the petition was initiated after a majority vote of the board of directors that it is in the best interest of the district to change its status to a recreational water and/or sewer district.

(3) The criteria the district meets under section 42-3202A, Idaho Code, thereby qualifying it as a recreational water and/or sewer district.

(4) A prayer for changing the status of the existing district to that of a recreational water and/or sewer district.

Upon filing of the petition, the court shall by order fix a time and place for hearing as provided in section 42-3206, Idaho Code. Upon the hearing of said petition any interested persons or corporations may appear before said court and make objections to the proposed status change. Further, if it then shall appear that the petition for a change in status has been signed and presented as hereinabove provided and the allegations of the petition are true, the court shall by order duly entered of record, grant the prayed for change of status of the existing district.

History:

[42-3202C, added 1988, ch. 302, sec. 1, p. 958.]
Idaho Code § 42-2007 — Idaho Code / Title 42 / Chapter 20 / Section 42-2007
42-2007 ACTION BY THE DEPARTMENT ON PROPOSAL FOR SEGREGATION.
Status: in_force

42-2007. Action by the department on proposal for segregation. It shall be the duty of the department to satisfy itself as to the financial ability of the applicant to do the things which will be required to be done in the event the application is approved.

In case of approval, the department shall file in the local land office a request for the withdrawal of the land described in said proposal.

No request on which the department of water resources has reported adversely, either as to the water supply, the feasibility of the construction, the cost or capacity of the works or as to the character of the lands sought to be irrigated, shall be approved by the department.

History:

[(42-2007) 1895, p. 215, ch. 2, sec. 10; reen. 1899, p. 282, ch. 2, sec. 10; modified 1905, p. 131, sec. 30; compiled and reen. R.C., sec. 1619; am. 1917, ch. 104, sec. 1, p. 379; reen. C.L., sec. 1619; C.S., sec. 3002; I.C.A., sec. 41-1707.]
Idaho Code § 42-5118 — Idaho Code / Title 42 / Chapter 51 / Section 42-5118
42-5118 TAX EXEMPTION.
Status: in_force

42-5118. Tax exemption. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.

History:

[42-5118, added 1987, ch. 349, sec. 1, p. 774.]
Idaho Code § 42-2037 — Idaho Code / Title 42 / Chapter 20 / Section 42-2037
42-2037 DEPARTMENT TO PRESCRIBE RULES — REPORTS OF CONTRACTORS — WAIVER OF RULES.
Status: in_force

42-2037. Department to prescribe rules — Reports of contractors — Waiver of rules. The department of water resources shall provide suitable rules for the filing of proposals for constructing irrigation works, and for the entry of and payment for the land by settlers, and for the forfeiting of entry by settlers upon failure to comply with the provisions of this chapter. There shall be kept in the office of the department, for public inspection, copies of all maps, plats, contracts for the construction of irrigation works, and of the entries of lands by settlers.

The department shall require from each person, company of persons, association or incorporated company engaged in the construction of irrigation works, under the provisions of this chapter, an annual report, to be submitted to the department on or before November first of each year. This report shall show the number of water rights sold, the number of users of water under said irrigation works, the legal subdivisions of land for which water is to be furnished, the names of the officers of the company, the acreage of land which the said irrigation works are prepared to supply with water, and such other data as the department sees fit to require.

The rules required by this section may be waived in the case of irrigation works being constructed by a person, colony or association of persons to furnish water for land settled upon and being reclaimed by themselves.

History:

[(42-2037) 1895, p. 215, ch. 2, sec. 22; reen. 1899, p. 282, ch. 2, sec. 22; reen. R.C. & C.L., sec. 1631; C.S., sec. 3030; I.C.A., sec. 41-1737.]
Idaho Code § 42-713 — Idaho Code / Title 42 / Chapter 7 / Section 42-713
42-713 BUDGET OF WATER MEASUREMENT DISTRICT — ADOPTION AND CONTENTS — DEBT OF APPROPRIATOR OR WATER USER.
Status: in_force

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 42-709, Idaho Code, of the district for the ensuing year, and by resolution determine that the budget shall be collected, and the compensation of the district hydrographer and the district hydrographer's assistants and any other expenses of the district, including the costs of the advisory committee in implementing resolutions adopted by the appropriators or water users of the district for activities in addition to the payment of the salary and operating expenses of the district hydrographer and assistants, shall be paid in the manner provided in this section. The budget shall show the aggregate amount to be collected from all the appropriators or water users in the district, and the amount to be paid by each ditch, canal company, irrigation district or other appropriator or water user, and for the purpose of computing the respective amounts, the cost of measuring the various diversions and other measurements during the past year or years not exceeding five (5) years, shall be used as a basis. Upon the adoption of the budget the amount payable by each ditch, canal company, irrigation district or other appropriator or water user, as shown by the budget, shall become the debt of each respectively and shall become due and payable as in this chapter provided.

History:

[42-713, added 1995, ch. 291, sec. 3, p. 1022.]
Idaho Code § 42-2508 — Idaho Code / Title 42 / Chapter 25 / Section 42-2508
42-2508 EFFECT OF LEASE UPON APPURTENANCY.
Status: in_force

42-2508. Effect of lease upon appurtenancy. A lease of a water right or of a portion thereof shall not change the appurtenancy of such right, but the same shall remain an appurtenant of the land of the lessor, subject only to the rights of the lessee to make use of the same.

History:

[(42-2508) 1917, ch. 159, sec. 9, p. 484; reen. C.L. 130:9; C.S., sec. 3059; I.C.A., sec. 41-2108.]
Idaho Code § 42-5228 — Idaho Code / Title 42 / Chapter 52 / Section 42-5228
42-5228 INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Status: in_force

42-5228. Indemnification of officers, directors, employees and agents. The indemnification provisions of section 43-204A, Idaho Code, shall apply to ground water districts in the same manner as for irrigation districts.

History:

[42-5228, added 1995, ch. 290, sec. 1, p. 996.]
Idaho Code § 42-4110 — Idaho Code / Title 42 / Chapter 41 / Section 42-4110
42-4110 BONDS — FORM — CONDITIONS.
Status: in_force

42-4110. Bonds — Form — Conditions. Revenue bonds issued under authority of this act shall be sold, executed and delivered at public or private sale in the manner as provided by the municipal bond law. Revenue bonds may also be sold by electronic bidding as provided in section 57-233, Idaho Code. The resolution authorizing the issuance of said bonds shall prescribe the form of bonds. Said bonds shall bear interest at a rate or rates, payable annually, or at such lesser intervals as may be prescribed by resolution; may be in one (1) or more series, bear such date or dates, mature at such time or times, and be redeemable before maturity at the option of the district; may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution may provide. Said bonds shall be sold at not less than par with accrued interest. Pending preparation of the bonds, interim certificates, in such form and with such provisions as the commissioners may determine, may be issued. Said bonds and interim certificates shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law.

Notwithstanding the provisions of the municipal bond law, the governing body in any proceedings authorizing bonds under this act may:

(a) Provide for the initial issuance of one (1) or more bonds, in this act called "bond," aggregating the amount of the entire issue;

(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;

(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing or payments of interest on such bonds; and

(d) Further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.

History:

[42-4110, added 1976, ch. 62, sec. 1, p. 217; am. 2001, ch. 264, sec. 1, p. 967.]
Idaho Code § 42-3210 — Idaho Code / Title 42 / Chapter 32 / Section 42-3210
42-3210 MEETINGS — VACANCIES.
Status: in_force

42-3210. Meetings — Vacancies. The board shall meet regularly once each month at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three (3) members of the board shall constitute a quorum at any meeting. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within thirty (30) days after the same occurs, the court having jurisdiction shall fill such vacancy. In the event the board has created director zones and is unable to appoint a board member from the zone vacated, the board may appoint a person-at-large who is an elector of the water and/or sewer district to serve as director of the zone where the vacancy occurred.

History:

[42-3210, added 1947, ch. 152, sec. 10, p. 364; am. 2016, ch. 278, sec. 2, p. 767.]
Idaho Code § 42-233 — Idaho Code / Title 42 / Chapter 2 / Section 42-233
42-233 LOW TEMPERATURE GEOTHERMAL RESOURCE.
Status: in_force

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, permit and license procedure as provided in this chapter for ground water, provided that low temperature geothermal resources shall be utilized primarily for heat value and secondarily for the value as water. Usage of a low temperature geothermal resource primarily for reasons other than heat value is not a beneficial use of the resource, unless the director of the department of water resources exempts the proposed use. The director may exempt a proposed use if the director concludes:

(a) The proposed use will not detrimentally affect existing water rights, including water rights for low temperature geothermal water;

(b) The proposed use will not diminish the temperature of or artesian pressure of the low temperature geothermal aquifer; and

(c) There is no economically viable source of water having a bottom hole temperature of eighty-five (85) degrees or less in a well available.

(2) The use of low temperature geothermal resources for the development and operation of oil and gas wells permitted under section 47-316, Idaho Code, shall not be subject to the provisions of this chapter. However, the director of the department of water resources may initiate a contested case in accordance with the provisions of chapter 52, title 67, Idaho Code, and the rules of procedure promulgated by the department, if the department has reason to believe that an oil and gas well will cause, is causing or has caused significant negative impacts to pressure, temperature, quality necessary for beneficial use or quantity of water available to water rights existing at the time of the development of the oil and gas well or to a water resource that can be beneficially used. The evidence of causation must come from the department or be credible information from a water right or a geothermal resource permit holder existing at the time of the development of the oil and gas well. It shall be the burden of the entity operating the oil and gas well to establish that it will not cause, is not causing and has not caused significant negative impacts to pressure, temperature, quality necessary for beneficial use or quantity of water available to existing water rights existing at the time of the development of the oil and gas well or to a water resource that can be beneficially used. If the director determines that the well will cause, is causing or has caused significant negative impacts to pressure, temperature, quality necessary for beneficial use or quantity of water available to a water right existing at the time of the development of the oil and gas well or to a water resource that can be beneficially used, the director may order the operator to take measures to mitigate those impacts.

(3) Any owner of a well who engages in the drilling, redrilling, modifying or deepening of any low temperature geothermal well shall file with the director of the department of water resources a surety bond or cash bond in the penal sum of not less than five thousand dollars ($5,000) or more than twenty thousand dollars ($20,000) as determined by the director of the department of water resources based on the temperature, depth and pressure of the resource, the size and depth of the well, and any other relevant factors. The surety or cash bond shall be conditioned upon the proper compliance with the provisions of this chapter and chapter 40, title 42, Idaho Code, and rules and regulations promulgated pursuant thereto. The bond shall remain in effect for one (1) year following completion of drilling, redrilling, modifying or deepening of the well or until released in writing by the director, whichever occurs first.

(4) All permits, licenses, decreed rights and valid claims to a right to the use of ground water which would be classified as a low temperature geothermal resource having a priority date prior to July 1, 1987, remain valid and the bond provisions of subsection (3) of this section are not applicable unless the well from which the right diverts water is modified or deepened. The provisions of this section shall not be applicable to all permits, licenses and rights to the use of geothermal resources as defined in chapter 40, title 42, Idaho Code, which would be classified as a low temperature geothermal resource under this section, issued or proclaimed prior to July 1, 1987, and the bond provisions of subsection (3) of this section are not applicable to such wells.

History:

[42-233, added 1987, ch. 347, sec. 3, p. 744; am. 1988, ch. 311, sec. 1, p. 968; am. 2012, ch. 111, sec. 4, p. 305; am. 2017, ch. 271, sec. 29, p. 709; am. 2019, ch. 51, sec. 1, p. 139.]
Idaho Code § 42-4201 — Idaho Code / Title 42 / Chapter 42 / Section 42-4201
42-4201 JEROME, LINCOLN, GOODING AND TWIN FALLS COUNTIES — PROJECT TO RECHARGE GROUND WATER BASINS — DIRECTOR'S AUTHORITY TO ISSUE PERMIT — LIMITATIONS.
Status: in_force

42-4201. Jerome, Lincoln, Gooding and Twin Falls counties — Project to recharge ground water basins — Director's authority to issue permit — Limitations. (1) The welfare of the people of the state of Idaho is dependent upon the conservation, development, augmentation and optimum use of the water resources of this state. The legislature deems it essential therefore that every effort be made to foster and encourage water projects designed to promote these objectives. The legislature hereby acknowledges that the proposed project to recharge ground water basins in Jerome, Lincoln and Gooding counties by means of the storage of unappropriated waters of the Snake River and its tributaries in underground lava beds within that vicinity represents a unique and innovative endeavor to further water conservation and increase the water available for beneficial use. The legislature approves this undertaking as a pilot effort to bring about maximum realization of our water resource potential and finds, in particular, that this project shall serve the interests of the public and advance the multiple use water policy of this state by:

(a) sustaining and increasing the flow of springs in the general vicinity of the Hagerman Valley;

(b) increasing the water available for withdrawal from ground water basins located in Jerome, Gooding and Lincoln counties;

(c) supplementing the supply of water available for irrigation downstream from the Hagerman Valley;

(d) providing additional aquatic habitats for migratory fowl and wildlife; and

(e) increasing and sustaining the flow of the Snake River during the summer months and in times of drought when additional flow is needed for the generation of hydroelectric power and the maintenance of water recreation facilities.

(2) In view of the public betterment to be achieved by the completion of this water project, the legislature hereby declares that the appropriation and underground storage of water by the aquifer recharge district hereinafter created for purposes of ground water recharge shall constitute a beneficial use and hereby authorizes the department of water resources to issue to the aquifer recharge district a permit, pursuant to section 42-203, Idaho Code, for the appropriation and underground storage of the unappropriated waters of the Snake River in Jerome, Lincoln and Gooding counties and its tributaries in Gooding and Lincoln counties. The department of water resources is further authorized to issue to the aquifer recharge district a license confirming the right to appropriate such waters for the beneficial use herein established upon compliance by the district with the requirements specified in chapter 2, title 42, Idaho Code. The rights acquired by the aquifer recharge district pursuant to any permit and license obtained as herein authorized shall be secondary to all prior perfected water rights, including those held by any privately-owned electrical generating company to appropriate waters in the reaches of the Snake River downstream from the Milner diversion for purposes of hydroelectric power generation.

(3) The director of the department of water resources may regulate the amount of water which the aquifer recharge district may appropriate from the Snake River and may reduce such amount, even though there is sufficient water to supply the entire amount originally authorized, but only if the following conditions are met:

(a) the amount of water available for appropriation by the district at the time the reduction is sought exceeds two hundred thousand (200,000) acre feet per year and the reduction, if granted, will not operate to deplete that amount to less than two hundred thousand (200,000) acre feet per year;

(b) the persons or entities seeking the reduction propose to use the water for purposes of surface reservoir storage and appropriation by the district of the entire amount originally authorized will prevent or adversely affect accomplishment of those purposes;

(c) the persons or entities seeking the reduction present substantial and compelling evidence to show that the accomplishment of such purposes will be prevented or adversely affected and the director finds on the basis of such evidence that sufficient justification for the reduction exists.

Even if the foregoing conditions are satisfied and a reduction is granted, such a reduction shall remain in effect only so long as the amount of water available for appropriation by the district exceeds two hundred thousand (200,000) acre feet per year.

The provisions of this subsection shall not apply to appropriation of water by the district from the Big Wood River or the Little Wood River.

(4) To insure that other water rights are not injured by the operations of the aquifer recharge district, the director of the department of water resources shall have the authority to approve, disapprove, or require alterations in the methods employed by the district to achieve ground water recharge. In the event that the director determines that the district's methods of operation are adversely affecting existing water rights or are creating conditions adverse to the beneficial use of water under existing water rights, the director shall order the cessation of operations until such alterations as may be ordered by the director have been accomplished or such adverse effects otherwise have been corrected.

(5) The fee required for an application for a permit to appropriate water as provided in section 42-221, Idaho Code, is hereby waived from the effective date of this act until July 1, 1997, for recharge projects for recharge districts formed under this section.

History:

[42-4201, added 1978, ch. 293, sec. 1, p. 724; am. 1994, ch. 273, sec. 1, p. 849; am. 1995, ch. 338, sec. 1, p. 1117.]
Idaho Code § 42-203B — Idaho Code / Title 42 / Chapter 2 / Section 42-203B
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.
Status: in_force

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 the state's power to regulate and limit the use of water for power purposes and to define the relationship between the state and the holder of a water right for power purposes to the extent such right exceeds an established minimum flow. The purposes of the trust established by subsections (2) and (3) of this section are to assure an adequate supply of water for all future beneficial uses and to clarify and protect the right of a user of water for power purposes subordinated by a permit issued after July 1, 1985, or by an agreement, to continue using the water pending approval of depletionary future beneficial uses.

(2) A water right for power purposes which is defined by agreement with the state as unsubordinated to the extent of a minimum flow established by state action shall remain unsubordinated as defined by the agreement. Any portion of the water rights for power purposes in excess of the level so established shall be held in trust by the state of Idaho, by and through the governor, for the use and benefit of the user of the water for power purposes, and of the people of the state of Idaho; provided, however, that application of the provisions of this section to water rights for hydropower purposes on the Snake river or its tributaries downstream from Milner dam shall not place in trust any water from the Snake river or surface or ground water tributary to the Snake river upstream from Milner dam. For the purposes of the determination and administration of rights to the use of the waters of the Snake river or its tributaries downstream from Milner dam, no portion of the waters of the Snake river or surface or ground water tributary to the Snake river upstream from Milner dam shall be considered. The rights held in trust shall be subject to subordination to and depletion by future upstream beneficial users whose rights are acquired pursuant to state law, including compliance with the requirements of section 42-203C, Idaho Code.

(3) Water rights for power purposes not defined by agreement with the state shall not be subject to depletion below any applicable minimum stream flow established by state action. Water rights for power purposes in excess of such minimum stream flow shall be held in trust by the state of Idaho, by and through the governor, for the use and benefit of the users of water for power purposes and of the people of the state of Idaho. The rights held in trust shall be subject to subordination to and depletion by future consumptive upstream beneficial users whose rights are acquired pursuant to state law, excluding compliance with the requirements of section 42-203C, Idaho Code.

(4) The user of water for power purposes as beneficiary of the trust established in subsections (2) and (3) of this section shall be entitled to use water available at its facilities to the extent of the water right, and to protect its rights to the use of the water as provided by state law against depletions or claims not in accordance with state law.

(5) The governor or his designee is hereby authorized and empowered to enter into agreements with holders of water rights for power purposes to define that portion of their water rights at or below the level of the applicable minimum stream flow as being unsubordinated to upstream beneficial uses and depletions, and to define such rights in excess thereof as being held in trust by the state under subsection (2) of this section. Such agreements shall be subject to ratification by law. The contract entered into by the governor and the Idaho power company on October 25, 1984, is hereby found and declared to be such an agreement, and the legislature hereby ratifies the governor's authority and power to enter into this agreement.

(6) The director shall have the authority to subordinate the rights granted in a permit or license for power purposes to subsequent upstream beneficial depletionary uses. A subordinated water right for power use does not give rise to any claim against, or right to interfere with, the holder of subsequent upstream rights established pursuant to state law. The director shall also have the authority to limit a permit or license for power purposes to a term, which may be in the form of a fixed date or by reference to a federal energy regulatory commission (FERC) license or other authorization issued or contract executed, in connection with the power project.

Subsection (6) of this section shall not apply to licenses which have already been issued as of July 1, 1985.

(7) The director, in the exercise of the authority to limit a permit or license for power purposes to a term, shall, for purposes of determining such term, consider any of the following factors, among others:

(a) The term of any power purchase contract which is, or reasonably may become, applicable to, such permit or license;

(b) The policy of the Idaho public utilities commission (IPUC) regarding the term of power purchase contracts as administered by the IPUC under and pursuant to the authority of the public utility regulatory policy act of 1978 (PURPA);

(c) The term of any FERC license granted, or which reasonably may be granted, with respect to any particular permit or license for power purpose;

(d) Existing downstream water uses established pursuant to state law.

The term shall be determined at the time of issuance of the permit, or as soon thereafter as practicable if adequate information is not then available. The term shall commence upon application of water to beneficial use. The term, once established, shall not thereafter be modified except in accordance with due process of law prior to expiring.

(8) If a term is established by the director by reference to the hydropower project's FERC license, the term shall automatically extend to run concurrently with any annual renewals of the project's FERC license. Prior to the issuance of a subsequent or new FERC license for the project, the director may review the water right license and may issue an order canceling all or any part of the use, establishing a new term, or revising, adding or deleting conditions under which the water right may be exercised. The order shall take effect on the date the current term, as may be extended through annual renewals, expires. If the director does not issue such an order, the term shall automatically extend to a length equal to the project's subsequent or new FERC license and any original conditions on the water right license shall remain in effect.

(9) If a term is established by the director but the term is not established by reference to a hydropower project's FERC license, the director may review the water right license prior to the expiration of the term and may issue an order canceling all or any part of the use, establishing a new term of years, or revising, adding or deleting conditions under which the water right may be exercised. The order shall take effect on the date the current term expires. If the director does not issue such an order, the term shall automatically extend to a length equal to the original term and any original conditions on the water right license shall remain in effect.

History:

[42-203B, added 1985, ch. 17, sec. 2, p. 25 and ch. 224, sec. 1, p. 537; am. 1986, ch. 117, sec. 1, p. 309; am. 2013, ch. 45, sec. 1, p. 94.]
Idaho Code § 42-5119 — Idaho Code / Title 42 / Chapter 51 / Section 42-5119
42-5119 LIBERAL CONSTRUCTION.
Status: in_force

42-5119. Liberal construction. Any restrictions, limitations or regulations relative to the execution of such contracts pursuant to the authority herein contained in any other act shall not apply to the execution of such contracts pursuant to the authority herein contained. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only. This chapter being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this chapter.

History:

[42-5119, added 1987, ch. 349, sec. 1, p. 774.]
Idaho Code § 42-2016 — Idaho Code / Title 42 / Chapter 20 / Section 42-2016
42-2016 DUTY OF DEPARTMENT.
Status: in_force

42-2016. Duty of department. It shall be unlawful for the department of water resources, or for any public officer or agent of the state having immediate charge of the filing and entering and distribution of Carey Act lands, during his term of office, to issue to any of the persons indicated in the preceding section any certificate of entry or filing heretofore referred to in the preceding section.

History:

[(42-2016) 1911, ch. 51, sec. 2, p. 117; reen. C.L., sec. 1626b; C.S., sec. 3011; I.C.A., sec. 41-1716.]
Idaho Code § 42-2822 — Idaho Code / Title 42 / Chapter 28 / Section 42-2822
42-2822 ASSESSMENT OF STATE LANDS — SEPARABLE PORTION OF CHAPTER.
Status: in_force

42-2822. Assessment of state lands — Separable portion of chapter. The provisions of this chapter providing for the assessment of state lands shall be considered a separable portion of this chapter, and it is hereby declared to be the intention of the legislature that the remainder of this chapter remain in full force and effect, even if the said provisions in regard to assessment of state lands should be held unconstitutional.

History:

[(42-2822) 1921, ch. 222, sec. 22, p. 492; I.C.A., sec. 41-2422.]
Idaho Code § 42-3203 — Idaho Code / Title 42 / Chapter 32 / Section 42-3203
42-3203 JURISDICTION TO ESTABLISH DISTRICTS.
Status: in_force

42-3203. Jurisdiction to establish districts. The district court sitting in and for any county in this state, or any judge thereof in vacation, is hereby vested with jurisdiction, power and authority to establish districts which may be entirely within or partly within and partly without the judicial district in which said court is located.

History:

[42-3203, added 1947, ch. 152, sec. 3, p. 364.]
Idaho Code § 42-5128 — Idaho Code / Title 42 / Chapter 51 / Section 42-5128
42-5128 APPEAL.
Status: in_force

42-5128. Appeal. An appeal shall lie from a decision of the board of directors denying the petition or any part thereof to the district court of the county where the water user or water users are located. The appeal shall be taken in the same manner as appeals are taken from the board of county commissioners. If the district court excludes the water user or water users, or any of them, the time of exclusion shall date from the time of the hearing before the board of directors. The order of the district court excluding a water user or water users shall reflect the nature of any outstanding and/or continuing liabilities to which each water user so excluded shall remain subject under the provisions of section 42-5129, Idaho Code.

History:

[42-5128, added 1987, ch. 349, sec. 1, p. 778.]
Idaho Code § 42-1802 — Idaho Code / Title 42 / Chapter 18 / Section 42-1802
42-1802 POLITICAL ACTIVITY PROHIBITED.
Status: in_force

42-1802. Political activity prohibited. The director of the department of water resources shall not, during his incumbency, take any active part in political party management or in political campaigns, nor shall he use his official authority or influence for the purpose of interfering with an election or affecting the results thereof, or for the purpose of coercing the political action of any person or body.

History:

[42-1802, added 1943, ch. 58, sec. 7, p. 120; am. 1974, ch. 20, sec. 29, p. 533.]
Idaho Code § 42-607 — Idaho Code / Title 42 / Chapter 6 / Section 42-607
42-607 DISTRIBUTION OF WATER.
Status: in_force

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 in part, and to shut and fasten, or cause to be shut or fastened, under the direction of the department of water resources, the headgates or controlling works for the diversion of water from such stream, streams, or water supply, during times of water scarcity, in order to supply the prior rights of others from such stream or water supply; provided, that any person or corporation claiming the right to the use of the waters of the stream or water supply comprising a water district, but not owning or having the use of an adjudicated or decreed right therein, or right therein evidenced by permit or license issued by the department of water resources, shall, for the purposes of distribution during times of water scarcity, be held to have a right subsequent to any adjudicated, decreed, permit, or licensed right from such stream or water supply, and the watermaster shall close all headgates or controlling works of diversions having no adjudicated, decreed, permit or licensed right if necessary to supply adjudicated, decreed, permit or licensed right in such stream or water supply. As long as a duly elected watermaster is charged with the administration of the waters within a water district, no water user within such district can adversely possess the right of any other water user.

History:

[(42-607) 1903, sec. 26, p. 223; reen. R.C., sec. 3277; am. 1909, sec. 1, p. 326; am. 1915, ch. 34, sec. 12, p. 103; C.L., sec. 3277; C.S., sec. 5611; am. 1927, ch. 63, sec. 2, p. 78; I.C.A., sec. 41-507; am. 1969, ch. 305, sec. 2, p. 913; am. 1973, ch. 262, sec. 2, p. 534; am. 1992, ch. 339, sec. 9, p. 1021; am. 2020, ch. 52, sec. 4, p. 128.]
Idaho Code § 42-3113 — Idaho Code / Title 42 / Chapter 31 / Section 42-3113
42-3113 MEETINGS OF BOARD — REGULAR — SPECIAL.
Status: in_force

42-3113. Meetings of board — Regular — Special. (1) The board shall designate the official location of its office, that may be within or outside of the district's boundaries.

(2) Regular meetings of the board shall be held at a time and place to be fixed by the board. The board shall send a written notice with the official location of its office and the time and place of its regular meetings to the department of water resources.

(3) Special meetings and adjourned meetings of the board may be called by the chairman, vice-chairman or secretary, or any quorum of the board, and may be held at any time. If the time and place of such special meeting shall not have been determined at a meeting of the board with all members being present, then notice of the time and place of such special or adjourned meeting shall be given to each member of the board not less than three (3) days before such special meeting is to be convened; unless such notice is waived in writing, signed by all of the members of the board present and voting at such special or adjourned meeting, and the signed waiver made a part of the minutes of such meeting.

(4) A quorum for the transaction of business of the board shall consist of a majority of the members of the board. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman may vote in all cases, and, in the event he elects not to vote and in the case of a tie, then he must cast the deciding vote.

(5) All meetings, regular, special and adjourned, of the board, are declared to be public meetings open to the public. All meetings of the board shall be held in compliance with the open meetings law as provided in chapter 2, title 74, Idaho Code.

History:

[42-3113, added 1971, ch. 300, sec. 13, p. 1219; am. 2025, ch. 154, sec. 1, p. 758.]
Idaho Code § 42-3208 — Idaho Code / Title 42 / Chapter 32 / Section 42-3208
42-3208 QUALIFICATION OF MEMBERS OF BOARD.
Status: in_force

42-3208. Qualification of members of board. Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the clerk of court their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.

History:

[42-3208, added 1947, ch. 152, sec. 8, p. 364.]
Idaho Code § 42-3703 — Idaho Code / Title 42 / Chapter 37 / Section 42-3703
42-3703 DEFINITIONS.
Status: in_force

42-3703. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:

1. "District" or "watershed improvement district" means a governmental subdivision of this state and a public body corporate and politic organized in accordance with the provisions of this act for the purposes, with the powers, and subject to the restrictions hereinafter set forth.

2. "Director" means one (1) of the members of the governing body of a district elected or appointed in accordance with the provisions of this act.

3. "Commission" or "state soil and water conservation commission" means the agency created in section 22-2718, Idaho Code.

4. "Petition" means a petition filed under the provisions of section 42-3705, Idaho Code, for the creation of a district.

5. "Nominating petition" means a petition filed under the provisions of section 42-3706, Idaho Code, to nominate a candidate for the office of director of a watershed improvement district.

6. "State" means the state of Idaho.

7. "Landowner" includes any person, firm or corporation who shall hold title to any lands lying within a district organized under the provisions of this act. A contract purchaser who is occupying the land shall be construed as a landowner.

8. "Qualified elector" means any natural person residing within the boundaries of the state of Idaho, owning land within the boundaries of the district, and qualified under the laws of this state to vote in an election by the people.

History:

[42-3703, added 1957, ch. 226, sec. 3, p. 508; am. 1973, ch. 93, sec. 1, p. 161; am. 2010, ch. 279, sec. 28, p. 751.]
Idaho Code § 42-4010 — Idaho Code / Title 42 / Chapter 40 / Section 42-4010
42-4010 POWERS AND DUTIES — PENALTIES — ENFORCEMENT PROCEDURE.
Status: in_force

42-4010. Powers and duties — Penalties — Enforcement procedure. (a) The water resource board may adopt, amend, or rescind reasonable rules, regulations, and construction standards necessary to the administration of this chapter in accordance with chapter 52, title 67, Idaho Code.

(b) The board may require that owners or operators of wells or injection wells keep or cause to be kept well logs, core records, and drilling histories of such wells or injection wells. It may require that copies of such logs, records, and/or histories be filed with the director within a reasonable time after well completion. It may further require such other geologic, geochemical, or engineering plans, reports, or records as necessary for the administration of this chapter. Any reports, logs, records, or histories filed with the director shall be available for public inspection subject to disclosure according to chapter 1, title 74, Idaho Code, and shall be kept as confidential by the director for a period of one (1) year from well completion, provided however, that the director may use any such reports, logs, records, or histories in any action in any court to enforce the provisions of this chapter or any order or regulation adopted hereunder.

(c) The director may enter onto private land at any time to inspect any well or geothermal resource development project to determine if such well or project is being constructed, operated, or maintained according to any applicable permits or to determine if the construction, operation, or maintenance of such well or project may involve a threat to life or property or an unreasonable risk to subsurface, surface, or atmospheric resources.

(d) If the director finds that any person is constructing, operating or maintaining any well or injection well not in accordance with any applicable permit or in a fashion so as to involve an unreasonable risk of, or so as to cause, damage to life or property or subsurface, surface, or atmospheric resources, the director may issue an order to such person to correct or to stop such practices found to be improper and to mitigate any injury of any sort caused by such practices.

(e) The director may enforce any provision of this chapter or any order or regulation issued or adopted pursuant hereto by an appropriate action in the district court. The director may bring an action in the district court to have enjoined any threatened noncompliance with any provision of this chapter, regulations, or orders of the director, or any threatened harm to life, property, or surface, subsurface, or atmospheric resources that would be caused by such noncompliance. It shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in this chapter.

(f) The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of chapter 40, title 42, Idaho Code, and rules and regulations promulgated pursuant to it. 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, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. A responsible or principal executive officer of any corporate person may be liable under this subsection if such corporate person is not in compliance with any provision of this chapter or with any valid order or regulation adopted pursuant hereto.

(g) The director shall undertake such studies, investigations, or research programs as necessary for the proper administration of this chapter and in order to develop experience in and understanding of the entire field of geothermal resource exploration and development in both its technical and regulatory aspects. The director and board shall cooperate with other Idaho state agencies, the state institutions of higher learning, agencies of other states, and agencies of the federal government in the preparation of such investigations, studies, or research projects. The director and board may cooperate with the scientists at the Idaho national laboratory in their research, development, engineering and demonstration of geothermal projects.

(h) The director may enter into cooperative agreements and memoranda of understanding with agencies of other states for the purpose of the administration of geothermal areas that are partially in Idaho and partially in one (1) or more other states.

History:

[42-4010, added 1972, ch. 301, sec. 11, p. 749; am. 1974, ch. 20, sec. 58, p. 533; am. 1974, ch. 297, sec. 3, p. 1753; am. 1987, ch. 347, sec. 17, p. 762; am. 1990, ch. 213, sec. 62, p. 530; am. 1998, ch. 173, sec. 13, p. 612; am. 2015, ch. 141, sec. 118, p. 467; am. 2021, ch. 65, sec. 7, p. 202.]
Idaho Code § 42-3103 — Idaho Code / Title 42 / Chapter 31 / Section 42-3103
42-3103 DEFINITIONS.
Status: in_force

42-3103. Definitions. Whenever used or referred to in this act, unless a different meaning clearly appears from the context, the following terms shall have the following meanings:

(1) "Board" or "board of commissioners" means the board of commissioners of the flood control district.

(2) "Commissioner" means a member of the board of commissioners of the flood control district.

(3) "Debris removal" or "remove debris" means to remove from the channels and banks of streams, and any other surface watercourses, any artificial debris, gravel, sediment, plants, and other materials that obstruct or are likely to obstruct the flow of water therein and thereby cause flooding or interfere with the lawful diversion and beneficial use of water.

(4) "Department" means the department of water resources, state of Idaho.

(5) "Director" means the director of the department of water resources, state of Idaho.

(6) "District" means any flood control district organized by authority of this act or prior acts of the Idaho legislature.

(7) "Flood," "flood event," or "flooding" means the inundation of normally dry land areas with water caused by the overflow or rise of rivers, streams or lakes, and other surface watercourses, or the unusual and rapid accumulation or runoff of surface waters from any source.

(8) "Flood control" means the activities, operations, and projects authorized by the board for flood risk reduction, flood study, flood response, and flood recovery.

(9) "Flood control structure" or "structure" means any treatment measure on land or the channels and banks of streams and any other surface watercourses authorized by the board for flood control, including but not limited to a bank barb, berm, dike, drop structure, levee, riprap, sill, planting, device, or other mechanism.

(10) "Flood recovery" means the activities, operations, and projects authorized by the board after a flood event, including but not limited to the maintenance, construction, or installation of any flood control structure or the implementation of any flood risk reduction measure.

(11) "Flood response" or "flood fight" means the activities, operations, and projects authorized by the board in response to a flooding emergency.

(12) "Flood risk reduction" or "flood risk prevention" means activities, operations, projects, structures, and studies authorized by the board to reduce the risk of flooding, including but not limited to the removal of debris and the maintenance, repair, stabilization, restoration, alteration, or improvement of stream banks, stream channels, and other surface watercourses.

(13) "Flood study" or "study" means any data gathering, study, modeling, or other analysis used by the district in conducting flood control.

(14) "Flooding emergency" means a circumstance in which the board has determined to take immediate action to reduce injury to life or damage to property during an existing or imminent flood event.

(15) "State" means the state of Idaho.

History:

[42-3103, added 1971, ch. 300, sec. 3, p. 1219; am. 2014, ch. 72, sec. 1, p. 183; am. 2024, ch. 175, sec. 2, p. 658.]
Idaho Code § 42-203D — Idaho Code / Title 42 / Chapter 2 / Section 42-203D
42-203D REVIEW OF PERMITS — OPPORTUNITY FOR HEARING.
Status: in_force

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, Idaho Code, except to the extent a permit has been put to beneficial use prior to July 1, 1985, to determine whether they comply with the provisions of section 42-203C, Idaho Code. If the department finds that the proposed use is allowed under section 42-203C, Idaho Code, then the department shall enter an order continuing the permit. If the department finds that the proposed use is not allowed under section 42-203C, Idaho Code, then the department shall either cancel the permit or impose the conditions required to bring the permit into compliance with section 42-203C, Idaho Code.

(2) The department shall provide an opportunity for hearing in accordance with section 42-1701A, Idaho Code, and chapter 52, title 67, Idaho Code, for each holder of a permit that is proposed either to be cancelled or made subject to new conditions.

History:

[42-203D, added 1985, ch. 17, sec. 4, p. 27; am. 1986, ch. 117, sec. 3, p. 311; am. 1993, ch. 216, sec. 32, p. 612.]
Idaho Code § 42-2017 — Idaho Code / Title 42 / Chapter 20 / Section 42-2017
42-2017 PENALTY FOR VIOLATING PRECEDING SECTIONS.
Status: in_force

42-2017. Penalty for violating preceding sections. Any of said officers, employees, appointees or agents aforesaid who shall violate any of the provisions of the two (2) preceding sections shall be punished by a fine not to exceed $1000, or by imprisonment in the penitentiary of the state of Idaho for a term not to exceed five (5) years.

History:

[(42-2017) 1911, ch. 51, sec. 3, p. 117; reen. C.L., sec. 1626c; C.S., sec. 3012; I.C.A., sec. 41-1717.]
Idaho Code § 42-2014 — Idaho Code / Title 42 / Chapter 20 / Section 42-2014
42-2014 APPLICATION TO ENTER — PREFERENCE TO EX-SERVICE PERSON — “EX-SERVICE PERSON” DEFINED.
Status: in_force

42-2014. Application to enter — Preference to ex-service person — "Ex-service person" defined. Any citizen of the United States or any person having declared his intention to become a citizen of the United States may make application under oath, to the department of water resources, to enter any of said land in an amount not to exceed the maximum number of acres for which such person is permitted to apply by federal law for any one (1) person: provided, that ex-service persons as herein defined shall have a thirty (30) day preference right of entry upon any and all lands opened for entry by the state of Idaho under this act; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the act of congress and the laws of this state relating thereto, and that the applicant has never received the benefit of the provisions of this chapter to an amount greater than the maximum number of acres for which such person is permitted to apply by federal law, including the number of acres specified in the application under consideration.

Each application shall be accompanied by evidence of the applicant's ability to meet standards of personal financial responsibility or acceptable personal credit backing or membership in a group as provided in section 42-2003, Idaho Code, and said group shall establish composite financial responsibility and/or acceptable credit. Such standards shall be prescribed by the director by rule and regulation. Such application must be accompanied by a certified copy of a contract for a perpetual water right, made and entered into by the party making application with the person, company or association who has been authorized by the director to furnish water for the reclamation of said lands; and if said applicant has at any previous time entered lands under the provisions of this chapter he shall so state in his application, together with description, date of entry and location of said land. The director shall thereupon file in his office the application and papers relating thereto, and, if allowed, issue a certificate of location to the applicant. All applications for entry shall be accompanied by the payment of five dollars ($5.00) per acre, which shall be paid as a partial payment on the land if the application is allowed; and all certificates when issued shall be recorded in a book to be kept for the purpose. If the application is not allowed, the five dollars ($5.00) per acre accompanying it shall be refunded to the applicant. The director shall dispose of all lands accepted by the state under the provisions of this chapter at a uniform price of ten dollars ($10.00) per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler: provided further, that the term ex-service person as used in this act is hereby defined to mean any person who was regularly enlisted, inducted or commissioned, and who served on active duty in any branch of the armed forces of the United States during any period of war recognized by the United States department of veterans affairs for the purpose of awarding federal veterans benefits as may be defined in title 38, U.S. code, chapter 1, section 101(11), and is a citizen of the United States and a bona fide resident of the state of Idaho preceding the date of such opening.

History:

[(42-2014) 1895, p. 215, ch. 2, sec.17; reen. 1899, p. 282, ch. 2, sec. 17; reen. R.C. & C.L., sec. 1626; C.S., sec. 3009; am. 1921, ch. 156, sec. 2, p. 348; I.C.A., sec. 41-1714; am. 1945, ch. 167, sec. 1, p. 250; am. 1949, ch. 106, sec. 1, p. 195; am. 1969, ch. 469, sec.5, p. 1346; am. 1974, ch. 164, sec. 6, p. 1397; am. 1976, ch. 109, sec. 1, p. 433; am. 1977, ch. 41, sec. 1, p. 73; am. 1991, ch. 219, sec. 1, p. 523; am. 1992, ch. 53, sec. 3, p. 158.]
Idaho Code § 42-3507 — Idaho Code / Title 42 / Chapter 35 / Section 42-3507
42-3507 POWERS GRANTED TO COLUMBIA COMPACT COMMISSION.
Status: in_force

42-3507. Powers granted to Columbia Compact Commission. There is hereby granted to the commission and the commissioners thereof all the powers provided for in said compact and all powers necessary or incidental to the carrying out of said compact in every particular.

History:

[42-3507, added 1963, ch. 310, sec. 4, p. 818.]
Idaho Code § 42-1411A — Idaho Code / Title 42 / Chapter 14 / Section 42-1411A
42-1411A SERVICE OF NOTICE OF AND DETERMINATION OF WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW.
Status: in_force

42-1411A. Service of notice of and determination of water rights established under federal law. (1) The district court shall determine the water rights established under federal law in accordance with the procedures established in this section.

(2) The district court shall determine the following procedures for water rights established under federal law:

(a) The contents of a notice of water right claims established under federal law;

(b) The method of service of the notice of water right claims established under federal law;

(c) The location of any depositories of notices of claim for water rights established under federal law, if the district court determines that claim depositories are necessary to provide other claimants reasonable access to the notices of claims established under federal law.

(3) The district court shall be guided by the following three (3) principles in establishing the procedures required in this section:

(a) The purpose of this notice is to provide notice to other claimants of the filing of water rights established under federal law comparable to the notice of filing for water rights acquired under state law;

(b) The procedures shall not impose any burden greater than the burden placed upon the director to prepare, file, and serve the notice of filing for a director's report; and

(c) The procedure shall comply with the McCarran amendment, 43 USC 666.

(4) Any claimant of a water right established under federal law shall serve all such notices of claim on the other claimants in accordance with the procedures established by the district court.

(5) Any claimant may contract with the director to perform all or any portion of the service required in this section. The director shall require in any contract that the cost of the services provided by the director are reimbursed by the claimant of a water right established under federal law.

(6) The United States, if it filed any notices of claim for a water right established under federal law, and any other claimants of such water rights, shall file an affidavit demonstrating proof of service in compliance with this section.

(7) The district court shall provide at least sixty (60) days for filing objections to water rights established under federal law where the number of those water rights are five hundred (500) or less, at least one hundred twenty (120) days where the number of these water rights are more than five hundred (500) and not more than five thousand (5,000), and at least one hundred eighty (180) days where the number of these water rights are more than five thousand (5,000).

(8) Any claimant who desires to object to a claim established under federal law shall file an objection with the district court within the time specified in the notice of water right claims established under federal law. The claimant shall also send a copy of the objection to the claimant whose claim is the subject of the objection and to the director. Any claimant may file a response to an objection.

(9) The notice of claim, objection, and responses to an objection shall identify the issues to be litigated.

(10) If a claimant of a water right established under federal law has filed notices of claim for one (1) water use based upon state and federal law, the district court shall develop procedures, after an opportunity for hearing, for coordination of the determination of such claims based upon state and federal law.

(11) The district court shall conduct the trial without a jury on an objection or any group of objections in accordance with the Idaho rules of civil procedure.

(12) Each claimant of a water right established under federal law has the ultimate burden of persuasion for each element of a water right. Since no independent review of the notice of claim has occurred as provided for water rights acquired under state law in a director's report, a claimant of a water right established under federal law has the burden of going forward with the evidence to establish a prima facie case for the water right established under federal law. All such proceedings shall be governed by the Idaho rules of civil procedure and Idaho rules of evidence.

(13) The district court shall enter a partial decree that contains or incorporates a statement of each element of a water right as stated in subsection (1) of section 42-1409, Idaho Code, as applicable, and that contains such general provisions, remarks, and other matters as are necessary for definition of the right, for clarification of any element of a right, or for administration of the right by the director.

(14) If no objections are filed to a notice of claim for a water right established under federal law, the claimant shall appear at a hearing scheduled by the district court and shall demonstrate a prima facie case of the existence of the water right established under federal law prior to entry of a decree for such claimed water right established under federal law. If the claimant fails to present a prima facie case of the existence of the water right established under federal law, then the district court shall enter an order determining that the claimed water right does not exist.

(15) Any party may appeal in accordance with the Idaho rules of civil procedure.

(16) The attorney general shall represent the state of Idaho in all matters regarding claims to water rights established under federal law, including, but not limited to, filing objections to water right claims established under federal law.

History:

[42-1411A, added 1994, ch. 454, sec. 19, p. 1464; am. 1994, ch. 455, sec. 3, p. 1483; am. 1996, ch. 186, sec. 3, p. 588.]
Idaho Code § 42-1706 — Idaho Code / Title 42 / Chapter 17 / Section 42-1706
42-1706 ADDITIONAL DUTIES OF DIRECTOR.
Status: in_force

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, through that part of the season which he may deem necessary or expedient, to afford information for irrigating purposes, commencing with those streams most used for irrigation. The director shall collect facts and make surveys to ascertain suitable locations for reservoirs upon streams where such reservoirs may be possible and beneficial, and shall, as far as possible, determine the cost of constructing such reservoirs, and all other facts possible in regard to quantity of water possible to be stored, the character and extent of land that may be reclaimed by the water from such reservoirs, together with all other information possible that may bear upon the subject. The director shall become familiar with the waterways and irrigable land in the state and the needs of the state as to irrigation matters, and all records of any such information shall be the property of the state and open to public inspection. The director shall keep full and complete records of all measurements of streams, surveys, examinations or other valuable information that may come into his possession concerning any of the duties of the department, and shall furnish reasonable information in regard to such measurements or surveys to the newspapers of the state upon proper request.

In addition to the duties prescribed in this chapter, the director shall perform such other professional duties as may be required of him by the governor, and shall give advice on any matters of a professional nature, when called upon by the governor to do so.

History:

[(42-1706) 1895, p. 215, sec. 15; reen. 1899, p. 282, sec. 14; reen. R.C., sec. 160; reen. C.L. 126:11; C.S., sec. 2988; I.C.A., sec. 41-1506; am. 1974, ch. 20, sec. 9, p. 533.]
Idaho Code § 42-1734D — Idaho Code / Title 42 / Chapter 17 / Section 42-1734D
42-1734D DESIGNATION OF INTERIM PROTECTED RIVERS.
Status: in_force

42-1734D. Designation of interim protected rivers. (1) Prior to the adoption of a comprehensive plan for a waterway, the board may designate a waterway as an interim protected river. Any state agency may petition the board to designate a waterway as an interim protected river. The board shall promulgate procedural rules for designation of interim protected rivers. The rules shall provide adequate notice to interested parties of any petitions filed or actions contemplated pursuant to this act.

(2) The board shall determine whether the nominated waterway merits designation as an interim protected river. The board shall accept or reject a nomination within six (6) months after it is filed. There shall be no review of any board decision rejecting or accepting a nomination for an interim protected river. Designation of a waterway as an interim protected river shall be based upon a determination that:

(a) It is probable that the waterway would be designated a protected river in the comprehensive state water plan; and

(b) Interim protected river status is necessary to protect the values that would support such waterway's designation as a protected river in a comprehensive state water plan.

(3) In designating a waterway for interim protected river status, the board shall indicate which of the activities listed in subsection 42-1734A(5), Idaho Code, shall be prohibited.

(4) Interim protected river status shall remain in effect until the earliest of:

(a) The adoption of a comprehensive state water plan for the waterway designated as an interim protected river;

(b) Two (2) years following the designation of an interim protected river unless extended by law;

(c) The revocation of a waterway's interim protected river status by law.

(5) Any person may petition the board for a determination that a particular proposed action or project will not significantly impair the values supporting a waterway's designation as an interim protected river. The board shall consider among other things environmental impact statements, technical studies and any other relevant comments or recommendations prepared by the petitioner for use before other state or federal agencies. The board may also consider any other relevant information. If the board determines that the proposed action or project will not significantly impair the values supporting a waterway's designation as a protected river, then this section shall not apply to such action or project, except that the board, after consultation with relevant state agencies, may impose appropriate conditions on such action or project. An aggrieved party may seek judicial review of the board's decision pursuant to chapter 52, title 67, Idaho Code.

(6) If a waterway is designated as an interim protected river, then the board shall proceed to prepare a comprehensive state water plan for the waterway. The board shall in preparing the state comprehensive water plan for the waterway consider, after review of all relevant factors contained in section 42-1734A, Idaho Code, whether the designation should continue or whether modification of the designation is warranted.

(7) If the designation of a waterway as an interim protected river is either revoked by law, or terminated as provided in this section, then the waterway shall not be eligible for designation as an interim protected river for a period of two (2) years following the revocation or termination of its interim protected river status.

History:

[42-1734D, added 1988, ch. 370, sec. 5, p. 1099; am. 1993, ch. 216, sec. 37, p. 620.]
Idaho Code § 42-210 — Idaho Code / Title 42 / Chapter 2 / Section 42-210
42-210 APPLICATION OF ACT.
Status: in_force

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

History:

[42-210, added 1937, ch. 142, sec. 6, p. 233.]
Idaho Code § 42-5213 — Idaho Code / Title 42 / Chapter 52 / Section 42-5213
42-5213 CANVASS OF VOTES — COMPLETION OF ORGANIZATION.
Status: in_force

42-5213. Canvass of votes — Completion of organization. (1) Immediately after any election for voting upon the organization of a ground water district, the judges of the election shall forward the official results of said election to the county clerk. The county commission shall meet within ten (10) days after the election returns are received, and canvass the votes cast. If it appears that two-thirds (2/3) of the votes cast are "ground water district–yes," the commission shall, by order entered on its minutes, declare such territory duly organized as a ground water district, under the name designated, shall declare that a map showing the area of the district is on file in the office of the county clerk and shall declare the persons receiving respectively the highest number of votes for director from each division to be duly elected as directors. The county commission shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such district is situated, and shall mail a certified copy of the order to the director.

(2) If it shall appear, however, that more than one-third (1/3) of the votes cast are "ground water district–no," then a record of that fact shall be duly entered upon the minutes of the board, and all proceedings in regard to the organization of the district shall be void, and the expenses properly incurred thereunder may be collected on the bond provided for in section 42-5203, Idaho Code.

History:

[42-5213, added 1995, ch. 290, sec. 1, p. 990.]
Idaho Code § 42-404 — Idaho Code / Title 42 / Chapter 4 / Section 42-404
42-404 LICENSE.
Status: in_force

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 use, and may as a condition of granting any such license require a certificate from the officer or official mentioned in section 42-401, to the effect that the proper public records of such sister state show that beneficial use has been made of the waters sought to be appropriated under said permit, said certificate to show the extent of such use in second feet. If such use is for irrigation, such certificate shall give a description by legal subdivisions of the land which is irrigated by such water. If such use is for power purposes such certificate shall describe the location of the point of use.

History:

[(42-404) 1915, ch. 111, sec. 4, p. 254; reen. C.L., sec. 3265q; C.S., sec. 5598; I.C.A., sec. 41-404; am. 1951, ch. 80, sec. 3, p. 149.]
Idaho Code § 42-3704 — Idaho Code / Title 42 / Chapter 37 / Section 42-3704
42-3704 DEFINITION OF WATERSHED IMPROVEMENT DISTRICTS.
Status: in_force

42-3704. Definition of watershed improvement districts. Watershed improvement districts may be established in this state pursuant to this act, and when so established shall be governmental subdivisions of this state and public bodies corporate and politic.

Such watershed improvement districts may be organized within one or more counties of this state and the boundaries of such district may transcend county boundaries. In no instance shall a district involve more than 250,000 acres of private lands.

History:

[42-3704, added 1957, ch. 226, sec. 4, p. 508; am. 1972, ch. 195, sec. 1, p. 483; am. 1989, ch. 295, sec. 1, p. 724.]
Idaho Code § 42-3805 — Idaho Code / Title 42 / Chapter 38 / Section 42-3805
42-3805 DECISION OF DIRECTOR — HEARING — REVIEW BY DISTRICT COURT.
Status: in_force

42-3805. Decision of director — Hearing — Review by district court. Based upon his own investigation and the recommendations and alternate plans of other state agencies, the director shall prepare and forward to the applicant his decision approving the application in whole or in part or upon conditions, or rejecting the application. With regard to applications which could, if issued, affect endowment lands, the director shall deny such applications upon the objection of the state department of lands, or modify the same as recommended by the department. Within fifteen (15) days of the date of mailing of the decision, the applicant shall notify the director if it refuses to modify its plans in accordance with such decision or that it requests a hearing before the board thereon. If requested, such hearing shall be held in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules adopted by the board. The board shall have power to administer oaths and to require the attendance of such witnesses and the production of such books, records and papers as it may desire at the hearing, and for that purpose, the board may apply to the court for subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records or papers which shall be served and returned in the same manner as a subpoena in a civil case. In case of any disobedience or neglect to obey a subpoena or subpoena duces tecum, it shall be the duty of the district court in any county of this state in which disobedience, neglect or refusal occurs, or any judge thereof, on application by the board, to compel obedience by proceedings for contempt. Upon the conclusion of the hearing and completion of any investigation conducted by the director the board shall enter its findings in writing approving the decision of the director on the application and plans in whole or in part, or upon conditions, or rejecting the decision of the director on said application and plans for such proposed stream channel alteration.

A copy of the board's findings on the director's decision shall be mailed to the applicant and to each person or organization who appeared at the hearing and gave testimony in support of or in opposition to the proposed stream channel alteration. Any applicant or other person appearing at a hearing shall have the right to have the proceedings of the board and the decision of the director reviewed by the district court in the county where the stream channel alteration is proposed. With the exception that the matter may be reviewed by the district court in the county where the stream channel alteration is proposed, judicial review shall be had pursuant to chapter 52, title 67, Idaho Code.

History:

[42-3805, added 1971, ch. 337, sec. 5, p. 1304; am. 1974, ch. 20, sec. 36, p. 533; am. 1976, ch. 150, sec. 3, p. 541; am. 1980, ch. 238, sec. 21, p. 550; am. 1993, ch. 216, sec. 39, p. 622.]
Idaho Code § 42-5103 — Idaho Code / Title 42 / Chapter 51 / Section 42-5103
42-5103 FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.
Status: in_force

42-5103. Formation of district — Declaration by director. After receipt of the petition and map, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the costs of repairs or abandonment of improperly constructed wells or any other matter relevant to the formation of the district as he may deem necessary. The director shall conduct a hearing on the petition and supporting documents. Notice of the time and place of the hearing shall be published by the director in a newspaper or newspapers published in each of the counties or a newspaper of general circulation therein at least three (3) weeks before the date of the hearing.

Within ninety (90) days after the hearing has been concluded, the director after due consideration of all relevant data and testimony shall determine whether the proposed district will provide the benefits described, whether the boundaries proposed are proper with respect to the benefits to be provided, and whether the formation of the district will serve the interest of the water users proposed to be benefited. On the basis of his determination, the director shall enter an order either establishing the ground water management district and defining the boundaries thereof to reflect the area to be benefited or denying the formation of the district. If the director orders formation of the district, he shall cause copies of the order, duly certified, to be filed with the secretary of the state and board of county commissioners, county recorder, county assessor and county treasurer of each county in which any part of the district is situated.

History:

[42-5103, added 1987, ch. 349, sec. 1, p. 766.]
Idaho Code § 42-3202 — Idaho Code / Title 42 / Chapter 32 / Section 42-3202
42-3202 DEFINITION OF TERMS.
Status: in_force

42-3202. Definition of terms. A water district is one to supply water for domestic, commercial, and/or industrial purposes by any available means, and for that purpose any such district shall have power to extend its water lines to the source of water supply.

A sewer district is one to provide for sewage disposal and for that purpose any such district shall have power to extend its sewer lines to an appropriate outlet.

A district may be created for a combination of water and sewer purposes, or either of said purposes. A district may be entirely within or entirely without, or partly within and partly without one (1) or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.

The word "board" as used in this chapter shall mean the board of directors of a district.

A "qualified elector" of a district, within the meaning of and entitled to vote under this chapter, unless otherwise specifically provided herein, is a person qualified to vote at general elections in this state, and who has been a bona fide resident of the district for at least thirty (30) days prior to any election in the district.

Wherever the term "publication" is used in this chapter and no manner specified therefor, it shall mean publication twice, the first time not less than twelve (12) days prior to the election and the second time not less than five (5) days prior to the election, as provided in section 34-1406, Idaho Code.

History:

[42-3202, added 1947, ch. 152, sec. 2, p. 364; am. 1955, ch. 63, sec. 1, p. 122; am. 1957, ch. 29, sec. 1, p. 40; am. 1974, ch. 101, sec. 1, p. 1202; am. 1975, ch. 189, sec. 1, p. 529; am. 1995, ch. 118, sec. 63, p. 479.]
Idaho Code § 42-604 — Idaho Code / Title 42 / Chapter 6 / Section 42-604
42-604 CREATION OF WATER DISTRICTS.
Status: in_force

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 stream or water supply, when the distance between the extreme points of diversion thereon is more than forty (40) miles, may be divided into two (2) or more water districts: provided, that any stream tributary to another stream may be constituted into a separate water district when the use of the water therefrom does not affect or conflict with the rights to the use of the water of the main stream: provided, that any stream may be divided into two (2) or more water districts, irrespective of the distance between the extreme points of diversion, where the use of the waters of such stream by appropriators in one district does not affect or conflict with the use of the waters of such stream by appropriators outside such district: provided, that this section shall not apply to streams or water supplies whose priorities of appropriation have not been adjudicated by the courts having jurisdiction thereof.

The director may create, revise the boundaries of, or abolish a water district or combine two (2) or more water districts by entry of an order if such action is required in order to properly administer uses of the water resource. Copies of the order shall be sent by regular mail to all holders of rights to the waters affected by the order. The director's order is subject to judicial review as provided in section 42-1701A, Idaho Code.

Before entering an order creating, modifying, or abolishing a district, the director shall, by regular mail, send notice of the proposed action to each water user in the district or proposed district. The notice shall describe the proposed action to be taken, the reasons therefore, the time and place of a hearing to be held concerning the proposed action, and provide a time period within which written comment on the action will be accepted. The hearing shall not be held sooner than ten (10) days after the mailing of the notice, and the written comment period shall not close sooner than ten (10) days after the hearing. Instead of mailing notice, the director may publish notice describing the proposed action, the time and place for the hearing, and the deadline for receiving written comment. The notice shall be published once a week for two (2) weeks in a newspaper or newspapers having general circulation within the district or proposed district, with the second publication appearing at least ten (10) days before the date set for the hearing. The hearing shall be held within the district or proposed district, or at some nearby location convenient to the affected water users.

Each water district created hereunder shall be considered an instrumentality of the state of Idaho for the purpose of performing the essential governmental function of distribution of water among appropriators under the laws of the state of Idaho.

History:

[(42-604) 1903, p. 223, sec. 23; am. 1907, p. 532, sec. 2; reen. R.C., sec. 3274; am. 1909, p. 326, sec. 1; am. 1915, ch. 34, sec. 9, p. 103; reen. C.L., sec. 3274; C.S., sec. 5608; am. 1927, ch. 63, sec. 1, p. 78; I.C.A., sec. 41-504; am. 1986, ch. 78, sec. 1, p. 236; am. 1992, ch. 339, sec. 5, p. 1016.]
Idaho Code § 42-5233 — Idaho Code / Title 42 / Chapter 52 / Section 42-5233
42-5233 POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT — WARRANTS.
Status: in_force

42-5233. Power to incur indebtedness — Assessments to secure repayment — Warrants. (1) In order to secure funds for the mitigation plan or plans for the district, the board of directors may, by resolution duly adopted and entered upon the minutes, incur indebtedness by contract with a money lending institution; provided however, that the term of such indebtedness shall not exceed thirty (30) years. To secure the repayment of any indebtedness so incurred, the board shall levy assessments over the term of the indebtedness in amounts sufficient to repay the interest and principal as it falls due. Such assessments shall be levied in the manner and shall be subject to the limitations set forth in section 42-5232, Idaho Code. Assessments to repay debt with a term exceeding one (1) year may be levied only if the indebtedness has been approved at an election pursuant to sections 42-5234 through 42-5238, Idaho Code.

(2) Notwithstanding the provisions of subsection (1) of this section, the board of directors may, before the collection of the first assessment, incur indebtedness for the purpose of organization, or for any of the purposes of this chapter, and cause warrants of the district to issue therefor, provided that the total dollar amount of the warrants authorized to be issued shall not exceed three dollars ($3.00) for each acre of land authorized to be irrigated with ground water within the district, or for each two-hundredths (.02) of a cubic foot per second of ground water authorized to be diverted and used upon lands or facilities located within the district. Following the collection of the first assessment, the board of directors may at any time issue warrants of the district for the purpose of paying claims of indebtedness against the district, including salaries of officers and employees, not to exceed the district's anticipated revenue.

(3) The warrants herein authorized shall be in form and substance the same as county warrants or as nearly the same as may be practicable and shall be signed by the chairman and attested by the secretary of said board. All such warrants shall be presented by the holder thereof to the treasurer of the district for payment who shall endorse thereon the day of presentation for payment with the additional endorsement thereon, in case of nonpayment, that they are not paid for want of funds, and such warrants shall draw interest at a rate to be established by the board of directors from the date of their presentation to the treasurer for payment as aforesaid until such warrants are paid. No warrants shall be issued in payment of any indebtedness of such district for less than face or par value. It shall be the duty of the treasurer from time to time when sufficient funds are available for that purpose to advertise in a newspaper in the county in which the district is situated requiring the presentation to the treasurer for payment of as many of the outstanding warrants as are able to be paid. Ten (10) days after the first publication of said notice by the treasurer calling in any of said outstanding warrants, said warrants shall cease to bear interest, which shall be stated in the notice. Said notice shall be published two (2) weeks consecutively and said warrants shall be called in and paid in the order of their endorsement.

History:

[42-5233, added 1995, ch. 290, sec. 1, p. 997; am. 2005, ch. 367, sec. 11, p. 1163; am. 2015, ch. 309, sec. 1, p. 1214; am. 2016, ch. 112, sec. 2, p. 318; am. 2016, ch. 113, sec. 1, p. 321.]