Idaho Code § 42-3402 — Idaho Code / Title 42 / Chapter 34 / Section 42-3402
42-3402 BEAR RIVER COMPACT RATIFIED.
Status: in_force

42-3402. Bear River Compact ratified. Ratification and approval is hereby given to the Bear River Compact as signed at the city of Salt Lake City, in the state of Utah on the twenty-second day of December, 1978, by Clifford J. Skinner, J. Daniel Roberts and Don W. Gilbert, commissioners of the state of Idaho, acting pursuant to authority granted by article XIV of the ratified Bear River Compact appearing at section 42-3402, Idaho Code, and the commissioners representing the state of Utah, the state of Wyoming and approved by Wallace N. Jibson, Representative of the United States, which compact is in full as follows:

AMENDED BEAR RIVER COMPACT

The state of Idaho, the state of Utah, and the state of Wyoming, acting through their respective commissioners after negotiations participated in by a representative of the United States of America appointed by the President, have agreed to an amended Bear River Compact as follows:

ARTICLE I

A. The major purposes of this compact are to remove the causes of present and future controversy over the distribution and use of the waters of the Bear River; to provide for efficient use of water for multiple purposes; to permit additional development of the water resources of Bear River; to promote interstate comity; and to accomplish an equitable apportionment of the waters of the Bear River among the compacting states.

B. The physical and all other conditions peculiar to the Bear River constitute the basis for this compact. No general principle or precedent with respect to any other interstate stream is intended to be established.

ARTICLE II

As used in this compact the term

1. "Bear River" means the Bear River and its tributaries from its source in the Uinta Mountains to its mouth in Great Salt Lake;

2. "Bear Lake" means Bear Lake and Mud Lake.

3. "Upper Division" means the portion of Bear River from its source in the Uinta Mountains to and including Pixley Dam, a diversion dam in the Southeast Quarter of Section 25, Township 23 North, Range 120 West, Sixth Principal Meridian, Wyoming;

4. "Central Division" means the portion of the Bear River from Pixley Dam to and including Stewart Dam, a diversion dam in Section 34, Township 13 South, Range 44 East, Boise Base and Meridian, Idaho;

5. "Lower Division" means the portion of the Bear River between Stewart Dam and Great Salt Lake, including Bear Lake and its tributary drainage;

6. "Upper Utah Section Diversions" means the sum of all diversions in second-feet from the Bear River and the tributaries of the Bear River joining the Bear River upstream from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming; excluding the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;

7. "Upper Wyoming Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming, to the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, and including the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;

8. "Lower Utah Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, to the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph, Utah;

9. "Lower Wyoming Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph to and including the diversion at Pixley Dam;

10. "Commission" means the Bear River Commission, organized pursuant to Article III of this compact;

11. "Water user" means a person, corporation, or other entity having a right to divert water from the Bear River for beneficial use;

12. "Second-foot" means a flow of one cubic foot of water per second of time passing a given point;

13. "Acre-foot" means the quantity of water required to cover one acre to a depth of one foot, equivalent to 43,560 cubic feet;

14. "Biennium" means the 2-year period commencing on October 1 of the first odd numbered year after the effective date of this compact and each 2-year period thereafter;

15. "Water year" means the period beginning October 1 and ending September 30 of the following year;

16. "Direct flow" means all water flowing in a natural watercourse except water released from storage or imported from a source other than the Bear River watershed;

17. "Border Gaging Station" means the stream flow gaging station in Idaho on the Bear River above Thomas Fork near the Wyoming-Idaho boundary line in the Northeast Quarter of the Northeast Quarter of Section 15, Township 14 South, Range 46 East, Boise Base and Meridian, Idaho;

18. "Smiths Fork" means a Bear River tributary which rises in Lincoln County, Wyoming and flows in a general southwesterly direction to its confluence with Bear River near Cokeville, Wyoming;

19. "Grade Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming and flows in a westerly direction and in its natural channel is tributary to Smiths Fork in Section 17, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming;

20. "Pine Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming, emerging from its mountain canyon in Section 34, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming, and in its natural channel is tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;

21. "Bruner Creek" and "Pine Creek Springs" means Smiths Fork tributaries which rise in Lincoln County, Wyoming, in Sections 31 and 32, Township 25 North, Range 118 West, Sixth Principal Meridian, and in their natural channels are tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;

22. "Spring Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming, in Sections 1 and 2, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming, and flows in a general westerly direction to its confluence with Smiths Fork in Section 4, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;

23. "Sublette Creek" means the Bear River tributary which rises in Lincoln County, Wyoming and flows in a general westerly direction to its confluence with Bear River in Section 20, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;

24. "Hobble Creek" means the Smiths Fork tributary which rises in Lincoln County, Wyoming and flows in a general southwesterly direction to its confluence with Smiths Fork in Section 35, Township 28 North, Range 118 West, Sixth Principal Meridian, Wyoming;

25. "Hilliard East Fork Canal" means that irrigation canal which diverts water from the right bank of the East Fork of Bear River in Summit County, Utah, at a point West 1,310 feet and North 330 feet from the Southeast corner of Section 16, Township 2 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the Southwest Quarter of Section 21, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;

26. "Lannon Canal" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, East 1,480 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;

27. "Lone Mountain Ditch" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, North 1,535 feet and East 1,120 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;

28. "Hilliard West Side Canal" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, at a point North 2,190 feet and East 1,450 feet from the South Quarter corner of Section 13, Township 3 North, Range 9 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;

29. "Francis Lee Canal" means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 30, Township 18 North, Range 120 West, Sixth Principal Meridian, Wyoming, and runs in a westerly direction across the Wyoming-Utah State line into Section 16, Township 9 North, Range 8 East, Salt Lake Base and Meridian, Utah;

30. "Chapman Canal" means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 36, Township 16 North, Range 121 West, Sixth Principal Meridian, Wyoming, and runs in a northerly direction crossing over the low divide into the Saleratus drainage basin near the Southeast corner of Section 36, Township 17 North, Range 121 West, Sixth Principal Meridian, Wyoming and then in a general westerly direction crossing the Wyoming-Utah State line;

31. "Neponset Reservoir" means that reservoir located principally in Sections 34 and 35, Township 8 North, Range 7 East, Salt Lake Base and Meridian, Utah, having a capacity of 6,900 acre-feet.

ARTICLE III

A. There is hereby created an interstate administrative agency to be known as the "Bear River Commission" which is hereby constituted a legal entity and in such name shall exercise the powers hereinafter specified. The commission shall be composed of nine commissioners, three commissioners representing each signatory state, and if appointed by the President, one additional commissioner representing the United States of America who shall serve as chairman, without vote. Each commissioner, except the chairman, shall have one vote. The state commissioners shall be selected in accordance with state law. Six commissioners who shall include two commissioners from each state shall constitute a quorum. The vote of at least two thirds of the commissioners when a quorum is present shall be necessary for the action of the commission.

B. The compensation and expenses of each commissioner and each adviser shall be paid by the government which he represents. All expenses incurred by the commission in the administration of this compact, except those paid by the United States of America, shall be paid by the signatory states on an equal basis.

C. The commission shall have power to:

1. Adopt by-laws, rules, and regulations not inconsistent with this compact;

2. Acquire, hold, convey or otherwise dispose of property;

3. Employ such persons and contract for such services as may be necessary to carry out its duties under this compact;

4. Sue and be sued as a legal entity in any court of record of a signatory state, and in any court of the United States having jurisdiction of such action;

5. Cooperate with state and federal agencies in matters relating to water pollution of interstate significance;

6. Perform all functions required of it by this compact and do all things necessary, proper or convenient in the performance of its duties hereunder, independently or in cooperation with others, including state and federal agencies.

D. The commission shall:

1. Enforce this compact and its orders made hereunder by suit or other appropriate action;

2. Compile a report covering the work of the commission and expenditures during the current biennium, and an estimate of expenditures for the following biennium and transmit it to the President of the United States and to the governors of the signatory states on or before July 1 following each biennium.

ARTICLE IV

Rights to direct flow water shall be administered in each signatory state under state law, with the following limitations:

A. When there is a water emergency, as hereinafter defined for each division, water shall be distributed therein as provided below.

1. Upper Division

a. When the divertible flow as defined below for the Upper Division is less than 1,250 second-feet, a water emergency shall be deemed to exist therein and such divertible flow is allocated for diversion in the river sections of the Division as follows:

Upper Utah Section Diversions–0.6 per cent,

Upper Wyoming Section Diversions–49.3 per cent,

Lower Utah Section Diversions–40.5 per cent,

Lower Wyoming Section Diversions–9.6 per cent.

Such divertible flow shall be the total of the following five items:

(1) Upper Utah Section Diversions in second-feet,

(2) Upper Wyoming Section Diversions in second-feet,

(3) Lower Utah Section Diversions in second-feet,

(4) Lower Wyoming Section Diversions in second-feet,

(5) The flow in second-feet passing Pixley Dam.

b. The Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal, which divert water in Utah to irrigate lands in Wyoming, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.

c. The Chapman, Bear River, and Francis Lee Canals, which divert water from the main stem of Bear River in Wyoming to irrigate lands in both Wyoming and Utah, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.

d. The Beckwith Quinn West Side Canal, which diverts water from the main stem of Bear River in Utah to irrigate lands in both Utah and Wyoming, shall be supplied from the divertible flow allocated to the Lower Utah Section Diversions.

e. If for any reason the aggregate of all diversions in a river section of the Upper Division does not equal the allocation of water thereto, the unused portion of such allocations shall be available for use in the other river sections in the Upper Division in the following order:

(1) In the other river section of the same state in which the unused allocation occurs; and (2) In the river sections of the other state. No permanent right of use shall be established by the distribution of water pursuant to this paragraph e.

f. Water allocated to the several sections shall be distributed in each section in accordance with state law.

2. Central Division

a. When either the divertible flow as hereinafter defined for the Central Division is less than 870 second-feet, or the flow of the Bear River at Border Gaging Station is less than 350 second-feet, whichever shall first occur, a water emergency shall be deemed to exist in the Central Division and the total of all diversions in Wyoming from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork, and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and from the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho state line near border shall be limited for the benefit of the state of Idaho, to not exceeding forty-three (43) per cent of the divertible flow. The remaining fifty-seven (57) per cent of the divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such allocation is not used therein it shall be available for use in Idaho in the Lower Division.

The divertible flow for the Central Division shall be the total of the following three items:

(1) Diversions in second-feet in Wyoming consisting of the sum of all diversions from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, and Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho state line near Border, Wyoming.

(2) Diversions in second-feet in Idaho from the Bear River main stem from the point where the river crosses the Wyoming-Idaho state line near Border to Stewart Dam including West Fork Canal which diverts at Stewart Dam.

(3) Flow in second-feet of the Rainbow Inlet Canal and of the Bear River passing downstream from Stewart Dam.

b. The Cook Canal, which diverts water from the main stem of the Bear River in Wyoming to irrigate lands in both Wyoming and Idaho, shall be considered a Wyoming diversion and shall be supplied from the divertible flow allocated to Wyoming.

c. Water allocated to each state shall be distributed in accordance with state law.

3. Lower Division

When the flow of water across the Idaho-Utah boundary line is insufficient to satisfy water rights in Utah, covering water applied to beneficial use prior to January 1, 1976, any water user in Utah may file a petition with the commission alleging that by reason of diversions in Idaho he is being deprived of water to which he is justly entitled, and that by reason thereof, a water emergency exists, and requesting distribution of water under the direction of the commission. If the commission finds a water emergency exists, it shall put into effect water delivery schedules based on priority of rights and prepared by the commission without regard to the boundary line for all or any part of the division, and during such emergency, water shall be delivered in accordance with such schedules by the state official charged with the administration of public waters.

B. The commission shall have authority upon its own motion (1) to declare a water emergency in any or all river divisions based upon its determination that there are diversions which violate this compact and which encroach upon water rights in a lower state, (2) to make appropriate orders to prevent such encroachments, and (3) to enforce such orders by action before state administrative officials or by court proceedings.

C. When the flow of water in an interstate tributary across a state boundary line is insufficient to satisfy water rights on such tributary in a lower state, any water user may file a petition with the commission alleging that by reason of diversions in an upstream state he is being deprived of water to which he is justly entitled and that by reason thereof a water emergency exists, and requesting distribution of water under the direction of the commission. If the commission finds that a water emergency exists and that interstate control of water of such tributary is necessary, it shall put into effect water delivery schedules based on priority of rights and prepared without regard to the state boundary line. The state officials in charge of water distribution on interstate tributaries may appoint and fix the compensation and expenses of a joint water commissioner for each tributary. The proportion of the compensation and expenses to be paid by each state shall be determined by the ratio between the number of acres therein which are irrigated by diversions from such tributary, and the total number of acres irrigated from such tributary.

D. In preparing interstate water delivery schedules the commission, upon notice and after public hearings, shall make findings of fact as to the nature, priority and extent of water rights, rates of flow, duty of water, irrigated acreages, types of crops, time of use, and related matters; provided that such schedules shall recognize and incorporate therein priority of water rights as adjudicated in each of the signatory states. Such findings of fact shall, in any court or before any tribunal, constitute prima facie evidence of the facts found.

E. Water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the commission.

ARTICLE V

A. Water rights in the Lower Division acquired under the laws of Idaho and Utah covering water applied to beneficial use prior to January 1, 1976, are hereby recognized and shall be administered in accordance with state law based on priority of rights as provided in article IV, paragraph A3. Rights to water first applied to beneficial use on or after January 1, 1976, shall be satisfied from the respective allocations made to Idaho and Utah in this paragraph and the water allocated to each state shall be administered in accordance with state law. Subject to the foregoing provisions, the remaining water in the Lower Division, including ground water tributary to the Bear River, is hereby apportioned for use in Idaho and Utah as follows:

(1) Idaho shall have the first right to the use of such remaining water resulting in an annual depletion of not more than 125,000 acre-feet.

(2) Utah shall have the second right to the use of such remaining water resulting in an annual depletion of not more than 275,000 acre-feet.

(3) Idaho and Utah shall each have an additional right to deplete annually on an equal basis, 75,000 acre-feet of the remaining water after the rights provided by subparagraphs (1) and (2) above have been satisfied.

(4) Any remaining water in the Lower Division after the allocations provided for in subparagraphs (1), (2), and (3) above have been satisfied shall be divided; thirty (30) percent to Idaho and seventy (70) percent to Utah.

B. Water allocated under the above subparagraphs shall be charged against the state in which it is used regardless of the location of the point of diversion.

C. Water depletions permitted under provisions of subparagraphs (1), (2), (3), and (4) above, shall be calculated and administered by a commission-approved procedure.

ARTICLE VI

A. Existing storage rights in reservoirs constructed above Stewart Dam prior to February 4, 1955 are as follows:

Idaho

Utah

Wyoming

Additional rights are hereby granted to store in any water year above Stewart Dam, 35,500 acre-feet of Bear River water and no more under this paragraph for use in Utah and Wyoming; and to store in any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feet of water for use in Idaho. Such additional storage rights shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam. One half of the 35,500 acre-feet of additional storage right above Stewart Dam so granted to Utah and Wyoming is hereby allocated to Utah, and the remaining one half thereof is allocated to Wyoming.

B. In addition to the rights defined in paragraph A of this article, further storage entitlements above Stewart Dam are hereby granted. Wyoming and Utah are granted an additional right to store in any year 70,000 acre-feet of Bear River water for use in Utah and Wyoming to be divided equally; and Idaho is granted an additional right to store 4,500 acre-feet of Bear River water in Wyoming or Idaho for use in Idaho. Water rights granted under this paragraph and water appropriated, including ground water tributary to Bear River, which is applied to beneficial use on or after January 1, 1976, shall not result in an annual increase in depletion of the flow of the Bear River and its tributaries above Stewart Dam of more than 28,000 acre-feet in excess of the depletion as of January 1, 1976. Thirteen thousand (13,000) acre-feet of the additional depletion above Stewart Dam is allocated to each of Utah and Wyoming, and two thousand (2,000) acre-feet is allocated to Idaho.

The additional storage rights provided for in this paragraph shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam; provided, however, there shall be no diversion of water to storage above Stewart Dam under this paragraph B when the water surface elevation of Bear Lake is below 5,911.00 feet, Utah Power & Light Company datum (the equivalent of elevation 5,913.75 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947). Water depletions permitted under this paragraph B shall be calculated and administered by a commission-approved procedure.

C. In addition to the rights defined in article VI, paragraphs A and B, Idaho, Utah and Wyoming are granted the right to store and use water above Stewart Dam that otherwise would be bypassed or released from Bear Lake at times when all other direct flow and storage rights are satisfied. The availability of such water and the operation of reservoir space to store water above Bear Lake under this paragraph shall be determined by a commission-approved procedure. The storage provided for in this paragraph shall be subordinate to all other storage and direct flow rights in the Bear River. Storage rights under this paragraph shall be exercised with equal priority on the following basis: six (6) percent thereof to Idaho; forty-seven (47) percent thereof to Utah; and forty-seven (47) percent thereof to Wyoming.

D. The waters of Bear Lake below elevation 5,912.91 feet, Utah Power & Light Company Bear Lake datum (the equivalent of elevation 5,915.66 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947) shall constitute a reserve for irrigation. The water of such reserve shall not be released solely for the generation of power, except in emergency, but after release for irrigation it may be used in generating power if not inconsistent with its use for irrigation. Any water in Bear Lake in excess of that constituting the irrigation reserve may be used solely for the generation of power or for other beneficial uses. As new reservoir capacity above the Stewart Dam is constructed to provide additional storage pursuant to paragraph A of this article, the commission shall make a finding in writing as to the quantity of additional storage and shall thereupon make an order increasing the irrigation reserve in accordance with the following table:

Additional storageacre-feet Lake Surface elevation Utah Power & Light Company Bear Lake datum 5,000 5,913.24 10,000 5,913.56 15,000 5,913.87 20,000 5,914.15 25,000 5,914.41 30,000 5,914.61 35,500 5,914.69 36,500 5,914.70

E. Subject to existing rights, each state shall have the use of water, including ground water, for ordinary domestic, and stock watering purposes, as determined by state law and shall have the right to impound water for such purposes in reservoirs having storage capacities not in excess, in any case, of 20 acre-feet, without deduction from the allocation made by paragraphs A, B, and C of this article.

F. The storage rights in Bear Lake are hereby recognized and confirmed subject only to the restrictions hereinbefore recited.

ARTICLE VII

It is the policy of the signatory states to encourage additional projects for the development of the water resources of the Bear River to obtain the maximum beneficial use of water with a minimum of waste, and in furtherance of such policy, authority is granted within the limitations provided by this compact, to investigate, plan, construct, and operate such projects without regard to state boundaries, provided that water rights for each such project shall, except as provided in article VI, paragraphs A and B thereof, be subject to rights theretofore initiated and in good standing.

ARTICLE VIII

A. No state shall deny the right of the United States of America, and subject to the conditions hereinafter contained, no state shall deny the right of another signatory state, any person or entity of another signatory state, to acquire rights to the use of water or to construct or to participate in the construction and use of diversion works and storage reservoirs with appurtenant works, canals, and conduits in one state for use of water in another state, either directly or by exchange. Water rights acquired for out-of-state use shall be appropriated in the state where the point of diversion is located in the manner provided by law for appropriation of water for use within such state.

B. Any signatory state, any person or any entity of any signatory state, shall have the right to acquire in any other signatory state such property rights as are necessary to the use of water in conformity with this compact by donation, purchase, or, as hereinafter provided through the exercise of the power of eminent domain in accordance with the law of the state in which such property is located. Any signatory state, upon the written request of the governor of any other signatory state for the benefit of whose water users property is to be acquired in the state to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price acceptable to the requesting governor, or if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting state or to the person, or entity designated by its governor provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining such property shall be paid by the requesting state or the person or entity designated by its governor.

C. Should any facility be constructed in a signatory state by and for the benefit of another signatory state or persons or entities therein, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the state in which the facility is located.

D. In the event lands or other taxable facilities are acquired by a signatory state in another signatory state for the use and benefit of the former, the users of the water made available by such facilities, as a condition precedent to the use thereof, shall pay to the political subdivisions of the state in which such facilities are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average of the amount of taxes annually levied and assessed against the land and improvements thereon during the ten years preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in such political subdivision of the state.

E. Rights to the use of water acquired under this article shall in all respects be subject to this compact.

ARTICLE IX

Stored water, or water from another watershed may be turned into the channel of the Bear River in one state and a like quantity, with allowance for loss by evaporation, transpiration, and seepage, may be taken out of the Bear River in another state either above or below the point where the water is turned into the channel, but in making such exchange the replacement water shall not be inferior in quality for the purpose used or diminished in quantity. Exchanges shall not be permitted if the effect thereof is to impair vested rights or to cause damage for which no compensation is paid. Water from another watershed or source which enters the Bear River by actions within a state may be claimed exclusively by that state and use thereof by that state shall not be subject to the depletion limitations of articles IV, V and VI. Proof of any claimed increase in flow shall be the burden of the state making such claim, and it shall be approved only by the unanimous vote of the commission.

ARTICLE X

A. The following rights to the use of Bear River water carried in interstate canals are recognized and confirmed.

Date of Primary right Lands irrigated Name of Canal priority second-feet Acres State Hilliard East Fork 1914 28.00 2,644 Wyoming Chapman 8-13-86 16.46 1,155 Wyoming 8-13-86 98.46 6,892 Utah 4-12-12 .57 40 Wyoming 5-3-12 4.07 285 Utah 5-21-12 10.17 712 Utah 2-6-13 .79 55 Wyoming 8-28-05 134.00 Francis Lee 1879 2.20 154 Wyoming 1879 7.41 519 Utah

Under the right as herein confirmed not to exceed 134 second-feet may be carried across the Wyoming-Utah state line in the Chapman Canal at any time for filling the Neponset Reservoir, for irrigation of land in Utah and for other purposes. The storage right in Neponset Reservoir is for 6,900 acre-feet which is a component part of the irrigation right for the Utah lands listed above.

All other rights to the use of water carried in interstate canals and ditches, as adjudicated in the state in which the point of diversion is located, are recognized and confirmed.

B. All interstate rights shall be administered by the state in which the point of diversion is located and during times of water emergency, such rights shall be filled from the allocations specified in article IV hereof for the section in which the point of diversion is located, with the exception that the diversion of water into the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal shall be under the administration of Wyoming. During times of water emergency these canals and the Lone Mountain Ditch shall be supplied from the allocation specified in article IV for the Upper Wyoming Section Diversions.

ARTICLE XI

Applications for appropriation, for change of point of diversion, place and nature of use, and for exchange of Bear River water shall be considered and acted upon in accordance with the law of the state in which the point of diversion is located, but no such application shall be approved if the effect thereof will be to deprive any water user in another state of water to which he is entitled, nor shall any such application be approved if the effect thereof will be an increase in the depletion of the flow of the Bear River and its tributaries beyond the limits authorized in each state in articles IV, V and VI of this compact. The official of each state in charge of water administration shall, at intervals and in the format established by the commission, report on the status of use of the respective allocations.

ARTICLE XII

Nothing in this compact shall be construed to prevent the United States, a signatory state or political subdivision thereof, person, corporation, or association, from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under state or federal law or under this compact.

ARTICLE XIII

Nothing contained in this compact shall be deemed

1. to affect the obligations of the United States of America to the Indian tribes;

2. to impair, extend or otherwise affect any right or power of the United States, its agencies or instrumentalities involved herein; nor the capacity of the United States to hold or acquire additional rights to the use of the water of the Bear River;

3. to subject any property or rights of the United States to the laws of the states which were not subject thereto prior to the date of this compact;

4. to submit any property of the United States to taxation by the states or any subdivision thereof, nor to obligate the United States to pay any state or subdivision thereof for loss of taxes.

ARTICLE XIV

At intervals not exceeding twenty years, the commission shall review the provisions hereof, and after notice and public hearing, may propose amendments to any such provision, provided, however, that the provisions contained herein shall remain in full force and effect until such proposed amendments have been ratified by the legislatures of the signatory states and consented to by congress.

ARTICLE XV

This compact may be terminated at any time by the unanimous agreement of the signatory states. In the event of such termination all rights established under it shall continue unimpaired.

ARTICLE XVI

Should a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of any signatory state or to the Constitution of the United States, all other severable provisions of this compact shall continue in full force and effect.

ARTICLE XVII

This compact shall be in effect when it shall have been ratified by the legislature of each signatory state and consented to by the congress of the United States of America. Notice of ratification by the legislatures of the signatory states shall be given by the governor of each signatory state to the governor of each of the other signatory states and to the President of the United States of America, and the President is hereby requested to give notice to the governor of each of the signatory states of approval by the congress of the United States of America.

IN WITNESS WHEREOF, The commissioners and their advisors have executed this compact in five originals, one of which shall be deposited with the General Services Administration of the United States of America, one of which shall be forwarded to the governor of each of the signatory states, and one of which shall be made a part of the permanent records of the Bear River Commission.

Done at Salt Lake City, Utah, this 22nd day of December 1978.

For the State of Idaho:

/s/ Don W. Gilbert

/s/ Clifford J. Skinner

/s/ J. Daniel Roberts

For the state of Utah:

/s/ David F. Lawrence

/s/ S. Paul Holmgren

/s/ Simeon Weston

For the state of Wyoming:

/s/ John A. Teichert

/s/ George L. Christopulos

/s/ J. W. Myers

Approved:

/s/ Wallace N. Jibson

Representative of the United

States of America

History:

[42-3402, added 1955, ch. 218, sec. 1, p. 450; am. 1979, ch. 322, sec. 1, p. 862.]
Idaho Code § 42-1410 — Idaho Code / Title 42 / Chapter 14 / Section 42-1410
42-1410 EXAMINATION OF WATER SYSTEM AND OF CLAIMS.
Status: in_force

42-1410. Examination of water system and of claims. (1) Upon entry of the court's order commencing a general adjudication, or as provided in section 42-1404 or 42-1424, Idaho Code, the director shall commence an examination of the water system, the canals and ditches and other works, and the uses being made of water diverted from the water system for water rights acquired under state law. The examination shall continue in a manner and for such a period of time as the director determines is necessary to evaluate the extent and nature of each water right for which a notice of claim under state law has been filed. The director may conduct any fact-finding hearing necessary for a full and adequate disclosure of the facts.

(2) The director and other employees of the department shall have authority to go upon all lands, both public and private, for the purpose of investigating the uses of water from any water source and may require the cooperation of the claimant in investigating the claimant's water use. The employee investigating the claimant's use shall make a reasonable effort to contact the claimant to schedule a date and approximate time for the examination. If the well or diversion works are located in a building other than an unlocked structure used solely for housing the well or other diversion works in which there is no reasonable expectation of privacy, the employee shall only enter the building in the absence of a court order after requesting and receiving the permission of the claimant or other occupant. The director may request the district court to issue an order compelling inspection and subpoenas requiring the attendance of any witness or the production of documents in accordance with the Idaho rules of civil procedure.

(3) Any maps prepared by the director shall be available for inspection at the offices of the department and any other locations the director may designate, for the purpose of assisting any claimant in preparing and filing claims and objections to the director's report.

History:

[42-1410, added 1986, ch. 220, sec. 12, p. 572; am. 1994, ch. 454, sec. 17, p. 1461.]
Idaho Code § 42-1409 — Idaho Code / Title 42 / Chapter 14 / Section 42-1409
42-1409 NOTICE OF CLAIM.
Status: in_force

42-1409. Notice of claim. (1) The director shall prepare and furnish on request a standard notice of claim form. The notice of claim form shall include the following:

(a) The name and address of the claimant;

(b) The source of water;

(c) The quantity of water claimed:

(i) The quantity of water claimed to be used for water rights acquired under state law shall describe the rate of diversion or, for an instream flow claim, a rate of water flow in cubic feet per second or the annual volume of diversion of water for use or storage in acre-feet per year, or both;

(ii) The quantity of water claimed for water rights established under federal law shall describe for each and every purpose the rate of present and future water diversion or, in the case of an instream flow claim, the rate of flow in cubic feet per second or annual volume of present and future diversion in acre-feet per year, or both;

(d) The date of priority claimed:

(i) The date of priority claimed for water rights acquired under state law shall be from any license, permit, or decree; or if the right is not based upon a license, permit, or decree, then the date when the water was first applied to beneficial use; provided, that for stockwater use on federal land, the claimant may claim 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 evidence of the date of priority, unless the claimant has evidence of earlier stockwater use on the federal land, which shall then establish the claimed date of priority;

(ii) The date of priority claimed for water rights established under federal law shall be determined in accordance with federal law;

(e) The number of claims, if founded upon a right on file with the department; or if the right is founded upon judicial decree not on file with the department, then the title of the court and cause, number of the action and the date of entry;

(f) The legal description of the existing 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;

(g) The purpose(s) of use and the period of use:

(i) The purpose(s) of use for water rights acquired under state law shall describe each purpose of use and the period of the year when water is used for each purpose;

(ii) The purpose(s) of use for a water right established under federal law shall describe the purposes for which the water included in the claim is presently being used, if at all, and the period of the year when water is necessary for the designated purposes;

(h) A legal description of the place of use:

(i) The legal description of the place of use for water rights acquired under state law shall describe the land where the water is beneficially used; if one (1) of the purposes of use is irrigation, then the number of irrigated acres within each forty (40) acre subdivision, except as provided in section 42-219, Idaho Code; if one (1) of the purposes of use is stockwater on federal land, then the federal grazing allotment name and managing federal agency and the legal description of the base property to which the water right is appurtenant;

(ii) The legal description of the place of use for a water right established under federal law shall describe the federal reservation and the existing or proposed place of use for each consumptive use;

(i) The dates of any changes or enlargements in use for water rights acquired under state law, including the dimension of the diversion works as originally constructed and as enlarged;

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

(k) 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.

(2) With respect to any water right for which a change was approved by the director pursuant to section 42-211 or 42-222, Idaho Code, after filing the notice of claim and prior to filing of the director's report, the claimant shall amend the notice of claim consistent with the determination of the director on the change.

(3) Each claimant, through submission of a claim, shall solemnly swear or affirm under penalty of perjury that the statements contained in the notice of claim or amended notice of claim are true and correct.

(4) All claimants of water rights that are included in a general adjudication shall file with the director a notice of claim for all water rights, except for those types of water rights designated in paragraphs (a) through (d) of subsection (1) of section 42-1420, Idaho Code.

(5) Any person who fails to submit a required notice of claim shall be deemed to have been constructively served with notice of a general adjudication by publication and mailing as required by section 42-1408, Idaho Code.

(6) Each purchaser of a water right from the water system shall inquire of the director whether a notice of claim has been filed and, if not, shall file a notice of claim in accordance with this section. All claimants and purchasers shall provide the director written notice of any change in ownership or of any change in mailing address during the pendency of a general adjudication in the manner prescribed in section 42-248, Idaho Code.

(7) At least one hundred twenty (120) days prior to filing of the director's report with the court, the director may notify each holder of a permit or license to appropriate water from the water system, for which proof of beneficial use was filed after entry of the court's order commencing a general adjudication, to file a notice of claim within thirty (30) days of mailing of the notice. The director shall notify the holder of the permit or license by certified mail at the most recent address shown in the records of the department.

(8) The district court or director may extend the time for filing a notice of claim.

History:

[42-1409, added 1986, ch. 220, sec. 11, p. 570; am. 1994, ch. 454, sec. 15, p. 1457; am. 1994, ch. 455, sec. 1, p. 1479; am. 1997, ch. 374, sec. 3, p. 1196; am. 2007, ch. 187, sec. 1, p. 545; am. 2021, ch. 157, sec. 2, p. 435; am. 2021, ch. 159, sec. 1, p. 438.]
Idaho Code § 42-4211 — Idaho Code / Title 42 / Chapter 42 / Section 42-4211
42-4211 BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Status: in_force

42-4211. Board of directors — Officers — Meetings — Compensation — Vacancies. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office during the pleasure of the board. The treasurer shall on his appointment execute and file with the secretary an official bond in such amount as may be fixed by the board of directors, and shall thereafter from time to time execute and file such further bonds as may be required by the board in amounts fixed by it, which amounts shall be at least fifty percent (50%) of the maximum probable amount of money in the treasurer's hands at any one time. All such official bonds shall be executed by a lawfully qualified surety company.

(2) The board of directors shall hold a regular annual meeting and may hold such special meetings as may be necessary for the proper transaction of business. Special meetings may be held on seventy-two (72) hours' notice of the chairman or a majority of the members. A majority shall constitute a quorum for the transaction of business and the concurrence of a majority of the members shall be necessary to constitute the action of the board. All meetings of the board shall be public and all records of the board shall be open to the inspection of any member water user, or representative thereof during business hours.

(3) The members of the board shall each receive not more than twenty-five dollars ($25.00) nor less than five dollars ($5.00) per day for each day spent attending the meetings or while engaged in official business of the board, and actual and necessary travel expenses. The term "actual and necessary expenses" shall include all traveling and lodging expenses necessarily incurred by any director when absent from his residence in the performance of the duties of his office. The board shall fix the compensation to be paid to the other officers of the district.

(4) In case of a vacancy in the office of director occurring otherwise than by the expiration of a term, the remaining members of the board of directors shall fill such vacancy by appointing thereto a qualified water user, member of the district, or representative thereof, possessing the qualifications of the director whose office has become vacant to serve the remainder of the term.

History:

[42-4211, added 1978, ch. 293, sec. 1, p. 730; am. 1985, ch. 10, sec. 3, p. 15.]
Idaho Code § 42-1734G — Idaho Code / Title 42 / Chapter 17 / Section 42-1734G
42-1734G WATER RIGHTS.
Status: in_force

42-1734G. Water rights. No provisions of this chapter, or any rules or regulations promulgated pursuant to this chapter, shall be construed to establish a water right. Any water rights necessary to fulfill the purposes of this chapter shall be obtained pursuant to the provision of chapter 2 or chapter 15, title 42, Idaho Code.

History:

[42-1734G, added 1988, ch. 370, sec. 5, p. 1101.]
Idaho Code § 42-5109 — Idaho Code / Title 42 / Chapter 51 / Section 42-5109
42-5109 CONDUCT OF ELECTIONS.
Status: in_force

42-5109. Conduct of elections. The election shall be conducted in accordance with the general laws of the state including the provisions of chapter 14, title 34, Idaho Code.

The board of directors shall designate polling places in such number as it may deem necessary. At least ten (10) days before the holding of any election, the board shall appoint three (3) electors to serve as judges of election at each polling place. The judges shall perform the same duties as judges of election under the general laws of the state. Immediately after the election, the judges of election shall forward the official results to the secretary of the district.

History:

[42-5109, added 1987, ch. 349, sec. 1, p. 768; am. 1995, ch. 118, sec. 86, p. 499.]
Idaho Code § 42-401 — Idaho Code / Title 42 / Chapter 4 / Section 42-401
42-401 APPLICATIONS FOR USE OF PUBLIC WATERS OUTSIDE THE STATE.
Status: in_force

42-401. Applications for use of public waters outside the state. (1) The state of Idaho is dedicated to the conservation of its public waters and the necessity to maintain adequate water supplies for the state's water requirements. The state of Idaho also recognizes that under appropriate conditions the out-of-state use of its public waters is not in conflict with the public welfare of its citizens or the conservation of its waters.

(2) Any person, firm or corporation or any other entity intending to withdraw water from any surface or underground water source in the state of Idaho for use outside the state or to change the place or purpose of use of a water right from a place in Idaho to a place outside the state shall file with the department of water resources an application for a permit to do so, subject to the requirements of chapter 2, title 42, Idaho Code.

(3) In order to approve an application under this chapter, the director must find that the applicant's use of water outside the state is consistent with the provisions of section 42-203A(5), Idaho Code. In addition, the director shall consider the following factors:

(a) The supply of water available to the state of Idaho;

(b) The current and reasonably anticipated water demands of the state of Idaho;

(c) Whether there are current or reasonably anticipated water shortages within the state of Idaho;

(d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within the state of Idaho;

(e) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and

(f) The demands placed on the applicant's supply in the state where the applicant intends to use the water.

(5) By filing an application to use waters outside the state, the applicant shall submit to and comply with the laws of the state of Idaho governing the appropriation and use of water and any future changes to the water right.

(6) The director is empowered to condition the permit to insure that the use of water in another state is subject to the same regulations and restrictions that may be imposed upon water use in the state of Idaho.

(7) Upon submittal of the application, the applicant shall designate an agent in the state of Idaho for reception of service of process and other legal notices.

(8) The director may, as a condition to the approval of an application under this chapter, require that the applicant shall file a certificate from the proper officer or official of the state where the water shall be used, showing to the satisfaction of the director that the intended use would be beneficial, and that the intended appropriation is feasible.

History:

[42-401, added 1990, ch. 141, sec. 3, p. 316; am. 2014, ch. 245, sec. 1, p. 614.]
Idaho Code § 42-2957 — Idaho Code / Title 42 / Chapter 29 / Section 42-2957
42-2957 CALLING OF BONDS.
Status: in_force

42-2957. Calling of bonds. It shall be the duty of the treasurer of any county in which there may be a district issuing bonds under the provisions of this chapter whenever he has upon hand $5000 of the special fund for the payment of said bonds, and when said bonds shall have run for a period of three (3) years, to advertise in the newspaper doing the county printing, for the presentation to him for payment of as many of the bonds issued under the provisions of this chapter as he is able to pay with the funds in his hands, to be paid in numerical order of said bonds, beginning with the bond number one (1), until all of said bonds are paid: provided, that thirty (30) days after the first publication of said notice of the treasurer calling in any of said bonds, said bonds shall cease to bear interest.

History:

[(42-2957) 1913, ch. 16, sec. 29, p. 58; reen. C.L. 168:54; C.S., sec. 4548; I.C.A., sec. 41-2557.]
Idaho Code § 42-244 — Idaho Code / Title 42 / Chapter 2 / Section 42-244
42-244 RECORDING OF CLAIMS BY DEPARTMENT — CORRECTIONS.
Status: in_force

42-244. Recording of claims by department — Corrections. Upon receipt of any claim submitted under this chapter, together with the statutory filing fee as set forth in section 42-221, Idaho Code, it shall be the duty of the department of water resources to file and to maintain a record of such claim, which shall be available for public inspection during all normal office hours. The department shall also cause a notice to be published once a week for two (2) consecutive weeks in a newspaper published and of general circulation in the county where the water is claimed to be diverted, if there is such a newspaper, otherwise in a newspaper of general circulation in the county, which said notice shall set forth such information as shall apprise the public of the nature of the claim which has been filed. At any time after the filing of a claim under the previous section, any person who disagrees that a right has been established as set forth in said claim may file an exception thereto in duplicate, in affidavit form, accompanied by such proof as said person deems appropriate. An exception filed shall be made a part of the file of the claim in the department of water resources and shall be considered the same as other evidence in said file. A copy of an exception filed shall be forwarded to the claimant by the department of water resources. Such claims may be corrected by the claimant only by filing of an amended claim in the same form as the original, which shall be recorded and numbered by the department the same as the original, and for which no additional filing fees shall be required.

History:

[(42-244) I.C., sec. 42-225b, as added by 1967, ch. 338, sec. 3, p. 974; am. and redesig. 1978, ch. 345, sec. 7, p. 889.]
Idaho Code § 42-5216 — Idaho Code / Title 42 / Chapter 52 / Section 42-5216
42-5216 ORGANIZATIONAL MEETING OF BOARD.
Status: in_force

42-5216. Organizational meeting of board. From and after the date the county commission files its order declaring the district to be formed by election, the organization of the district shall be complete and those ground water users specified in section 42-5214, Idaho Code, shall be included within the district. The officers and directors of the district shall be entitled to enter immediately upon the duties of their respective offices, upon qualifying according to law, and shall hold such offices respectively, until their successors are elected and qualified. The board of directors so elected shall meet within thirty (30) days after their election and elect a chairman, and appoint a secretary and treasurer, who shall perform the duties imposed upon such officers under this chapter.

History:

[42-5216, added 1995, ch. 290, sec. 1, p. 991; am. 1996, ch. 298, sec. 6, p. 983.]
Idaho Code § 42-2033 — Idaho Code / Title 42 / Chapter 20 / Section 42-2033
42-2033 REDEMPTION BY OWNER.
Status: in_force

42-2033. Redemption by owner. At any time within nine months after the foreclosure sale by the sheriff of the land and water rights aforesaid, the original owner against whom the lien has been foreclosed, may apply to the person, company of persons, association or incorporated company, purchasing at such sale, to redeem such land and water rights and the purchaser shall assign the certificate of sale of such land and water rights to such original owner, upon the payment by him within such nine months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon. In case the original owner shall redeem the land and water rights sold as aforesaid, he shall file for record in the office of the recorder, the certificate of sale assigned to him by the purchaser as aforesaid, upon his redemption of such land and water rights.

History:

[(42-2033) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., sec. 1629; reen. C.L., sec. 1629i; C.S., sec. 3026; I.C.A., sec. 41-1733.]
Idaho Code § 42-3716 — Idaho Code / Title 42 / Chapter 37 / Section 42-3716
42-3716 ADDITIONAL ASSESSMENTS FOR MAINTENANCE.
Status: in_force

42-3716. Additional assessments for maintenance. Additional assessments for the proper maintenance and/or operation of any improvement or project constructed within the district pursuant to this act may be levied against lands benefited by the improvement or project at the ratio or proportion established in the original assessment. Such aditional assessments shall be made subject to the same hearing, determinations, confirmance and right of appeal set forth in sections 42-3712, 42-3713 and 42-3714.

History:

[42-3716, added 1957, ch. 226, sec. 16, p. 508.]
Idaho Code § 42-251 — Idaho Code / Title 42 / Chapter 2 / Section 42-251
42-251 APPROPRIATION OF UNAPPROPRIATED FLOWS FOR LEMHI BASIN STREAM FLOW MAINTENANCE — LEGISLATIVE FINDINGS OF FACT CONCERNING HISTORIC USE OF HIGH FLOWS IN THE LEMHI RIVER BASIN AND NEED FOR PROTECTION AND EFFECTIVE MANAGEMENT OF SUCH USE.
Status: in_force

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

(a) In the absence of storage reservoirs in the Lemhi Basin, the diversion of "high water or flood water" onto irrigated land in the spring developed as a way of holding water underground within the basin, which would later contribute to the flows in the Lemhi River and its tributaries.

(b) The 1982 Lemhi Basin Decree recognized the practice of diverting "high water or flood water" onto irrigated lands. It defined "high water or flood water" as "natural flow of water over and above the amount required to fulfill (1) existing quantified rights as shown in the decree of water rights and (2) any future rights that may be established pursuant to statutory procedures of the state of Idaho." Proposed Findings of Water Rights, In the Matter of the General Determination of the Rights to the Use of the Surface Waters and Tributaries from Whatever Source of the Lemhi River Drainage Basin, Civil No. 4948, Feb. 16, 1982, at 3, paragraph n. The Lemhi Decree included a conclusion of law stating the practice "of diverting so called 'high waters or flood waters' in addition to the quantified rights as described in the recommended decree of water rights (and future rights that may be established pursuant to statutory procedures) [is] allowed provided: (a) the waters so diverted are applied to beneficial use. (b) the existing quantified rights (including future appropriations of water) are first satisfied."

(c) Based on the conclusions of law in the Lemhi Basin Decree, many Lemhi Basin irrigators filed claims in the Snake River Basin Adjudication (SRBA) seeking water rights for their historic "high water or flood water" practice.

(d) On January 3, 2012, the SRBA Court affirmed the Special Master's Report and Recommendation finding that "Idaho case law precludes the high flow claimants from seeking to establish high flow water rights in the SRBA as a matter of law." Memorandum Decision and Order on Challenge at 11, Subcase Nos. 74-15051, In re SRBA Case No. 39576. Although the SRBA Court disallowed the high flow claims, it reaffirmed the Lemhi Basin Decree conclusion of law regarding "high water or flood water" use through its Partial Decree pursuant to I.R.C.P. 54(b) of the Basin 74 High Flow General Provision (Basin 74 General Provision). Basin 74 General Provision provides: "The following general provision shall govern the use of 'High Flow' surface water for irrigation use within the Lemhi Basin: The practice of diverting high flows in the Lemhi Basin, in addition to diverting decreed and future water rights that may be established pursuant to statutory procedures of the State of Idaho, is allowed provided (a) the waters so diverted are applied to beneficial use. (b) existing decreed rights and future appropriations of water are first satisfied."

(e) Since the early 1990s Lemhi irrigators, with the assistance of state agencies, have led an effort to protect and enhance salmon runs in the Lemhi River Basin, including but not limited to providing passage flows for salmon, screening diversion works and implementing habitat improvement projects.

(f) The long-term goal of the Lemhi irrigators is to conserve, restore, and enhance sufficient habitat to sustain viable fish populations in the Lemhi River Basin while protecting private property rights and preserving and enhancing the farming and ranching lifestyle and economy of the Lemhi River Basin.

(g) In 2001, the Idaho Legislature enacted section 42-1506, Idaho Code, at the request of the Lemhi Basin irrigators. This statute authorized the Idaho Water Resource Board to appropriate a minimum stream flow in the lower reach of the Lemhi River for the purpose of providing fish passage and for protection of Lemhi water users from enforcement actions under the Endangered Species Act.

(h) Use of high flows under the Basin 74 General Provision is not a protected property interest under Idaho law. Because the SRBA Court disallowed all "high water or flood water" claims, a conflict developed between irrigators who rely on the use of high flows under the Basin 74 General Provision and persons desiring to appropriate high flow for new uses.

(i) The legislature finds (1) that the use of Lemhi River Basin high flow for holding water underground to augment the natural flow of the Lemhi River later in the irrigation season is a beneficial use of water; and (2) that it is in the public interest to protect through the appropriation process the entitlements to divert and use high flows under the Basin 74 General Provision for efficient administration of such uses and to aid in the proper planning for future development of the water resources of the Lemhi River Basin.

(j) The Lemhi Basin stream flow maintenance applications provided for in this section are based upon the historic practice recognized by the Basin 74 High Flow General Provision, and therefore, are not intended to nor shall be construed as establishing a precedent for issuance of any future water rights in the State of Idaho.

(2) Stream Flow Maintenance Applications. Lemhi irrigators who hold irrigation water rights decreed in the SRBA, and claim authority to divert and use Lemhi Basin high flows for stream flow maintenance pursuant to the Basin 74 General Provision may file an application for permit with the department of water resources to convert such use into a protectable water right on or before July 1, 2024. The application shall be upon forms provided by the department. The department shall process the application as provided in section 42-203A, Idaho Code.

(3) Quantity of Right. The quantity of a stream flow maintenance water right shall be limited to the historic high flow use under the Basin 74 General Provision ancillary to irrigation water rights decreed in the SRBA, but not to exceed the ditch capacity of the decreed irrigation water rights on August 25, 2014.

(4) Proof of Beneficial Use. The department may consider as part of its beneficial use examination for licensing of a permit under this section a permit holder's past historic diversions of high flow under the Basin 74 General Provision.

(5) Comprehensive Settlement. All applications filed under this section shall be subject to the terms and conditions of the Lemhi Basin Comprehensive Settlement Agreement Between the Idaho Water Resource Board, Idaho Department of Fish and Game, Idaho Office of Species, Minerals, and Energy Coordination, and Various Lemhi Water Users, including but not limited to the following conditions:

(a) Regardless of their priority dates, stream flow maintenance water rights shall include a condition requiring them to cease diversion while the McFarland Campground minimum stream flow water right established pursuant to section 42-1506A, Idaho Code, is being exercised.

(b) Regardless of priority date, the water supply legally available to stream flow maintenance water rights created under this section that divert from a common source shall be distributed proportionately among the stream flow maintenance water rights diverting from the common source, except as otherwise provided for in the Lemhi Basin Comprehensive Settlement Agreement Between the Idaho Water Resource Board, Idaho Department of Fish and Game, Idaho Office of Species, Minerals, and Energy Coordination, and Various Lemhi Water Users. For purposes of this section each tributary administered as a separate source pursuant to the SRBA Basin 74 Separate Streams General Provision is a common source. The mainstem Lemhi River and all tributaries in Basin 74 not listed in the SRBA Basin 74 Separate Streams General Provision are a common source.

(6) Notice – How Given – Requirements. To ensure all persons claiming authority to divert or withdraw and use water under the Basin 74 General Provision are notified of the provisions of this section, the department of water resources is directed to give notice of the provisions of this section as follows:

(a) By regular mail upon all persons within Idaho department of water resources Administrative Basin 74 who currently own an irrigation water right decreed in the SRBA a notice in writing of the existence of this section;

(b) By publishing a notice in writing in a prominent and conspicuous place in at least one (1) newspaper of general circulation in Lemhi County, for at least one (1) day a month for three (3) consecutive months;

(c) By posting a written notice, with the cooperation of the Lemhi County commission, in a prominent and conspicuous location in the Lemhi County courthouse;

(d) By providing sufficient number of copies of the notice and declaration to the Lemhi County treasurer for enclosure with each mailing of one (1) or more statements of taxes due issued in 2023; and

(e) By such other means the director of the department in his discretion determines will carry out the purposes of this section.

History:

[42-251, added 2022, ch. 290, sec. 1, p. 921; am. 2026, ch. 66, sec. 10, p. 280.]
Idaho Code § 42-2035 — Idaho Code / Title 42 / Chapter 20 / Section 42-2035
42-2035 SHERIFF'S DEED TO PURCHASER ON FORECLOSURE.
Status: in_force

42-2035. Sheriff's deed to purchaser on foreclosure. If the land and water rights shall not be redeemed by any person within the times and in the manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purchaser, to issue a deed to such purchaser.

History:

[(42-2035) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629k; C.S., sec. 3028; I.C.A., sec. 41-1735.]
Idaho Code § 42-219 — Idaho Code / Title 42 / Chapter 2 / Section 42-219
42-219 ISSUANCE OF LICENSE — PRIORITY.
Status: in_force

42-219. Issuance of license — Priority. (1) Upon receipt by the department of water resources of all the evidence in relation to such final proof, it shall be the duty of the department to carefully examine the same, and if the department is satisfied that the law has been fully complied with and that the water is being used at the place claimed and for the purpose for which it was originally intended, the department shall issue to such user or users a license corresponding to the beneficial use. Such license shall state the name and post office address of such user, the purpose for which such water is used and the quantity of water that may be used, which in no case shall be an amount in excess of the amount that has been beneficially applied. For permits held by a municipal provider for reasonably anticipated future needs, a license may be issued incrementally for an amount corresponding to the beneficial use demonstrated to the satisfaction of the department in each incremental statement of completion showing proof of beneficial use submitted pursuant to section 42-204(4), Idaho Code, which amount, together with any previously licensed portion of said permit, shall not exceed the initial quantity authorized under the permit. The final incremental license at the end of the planning horizon shall be issued for an amount corresponding to the beneficial use. The director shall condition the license to prohibit any transfer of the place of use outside the service area, as defined in section 42-202B, Idaho Code, or to a new nature of use of amounts held for reasonably anticipated future needs together with such other conditions as the director may deem appropriate.

(2) If such use is for irrigation, such license shall give a description, by legal subdivisions, of the land irrigated by such water, except that the general description of a place of use described in accordance with subsection (5) or (6) of this section may be described using a digital boundary, as defined in section 42-202B, Idaho Code. If the use is for municipal purposes, the license shall describe the service area as provided in section 42-202B(9), Idaho Code.

(3) Such license shall bear the date of the application for, and the number of, the permit under which the works from which such water is taken were constructed, the date when proof of beneficial use of such water was made, and also the date of the priority of the right confirmed by such license.

(4) The date of priority confirmed by the license shall be the date of the application for the permit for the construction of the works from which the water is taken, and to which the right relates, provided there has been no loss of priority under the provisions of this chapter. Whenever proof of the beneficial application of water shall be offered subsequent to the date stated in the permit, or in any authorized extension thereof, when such beneficial application shall be made, the proof shall be taken, if received by the department within the sixty (60) days prescribed in the preceding section. If the proof taken is satisfactory to the department of water resources, a license shall be issued by the department the same as though proof had been made before the date fixed for such beneficial application. The priority of the right established by the proof shall not date back to the date of the application for the permit to which the right would relate under the provisions of this chapter, but shall bear a date subsequent to the date of the application, a time equal to the difference between the date set in the permit, or extension thereof, for such beneficial application of water and the date of proof.

(5) For irrigation projects where the canals constructed cover an area of twenty-five thousand (25,000) acres or more, or within irrigation districts organized and existing as such under the laws of the state of Idaho, the license issued shall be issued to the persons, association, company, corporation or irrigation district owning the project, and final proof may be made by such owners for the benefit of the entire project. It shall not be necessary to give a description of the land by legal subdivisions, but a general description of the entire area under the canal system shall be sufficient. The water diverted and the water right acquired thereby shall relate to the entire project, and the diversion of the water for the beneficial use under the project shall be sufficient proof of beneficial use without regard as to whether each and every acre under the project is irrigated or not.

(6) For an irrigation project developed under a permit held by an association, company, corporation or the United States to divert and deliver or distribute surface water under any annual charge or rental for beneficial use by more than five (5) water users in an area of less than twenty-five thousand (25,000) acres, the license issued shall be issued to the permit holder. For the place of use description in the license issued for the irrigation project, it shall be sufficient to provide a general description of the area within which the total number of acres developed under the permit are located and within which the location of the licensed acreage can be moved provided there is no injury to other water rights.

(7) Subject to other governing law, the location of the acreage irrigated within a generally described place of use, as defined in accordance with subsections (5) and (6) of this section and as filed with the department pursuant to section 43-323, Idaho Code, may be changed without approval under the provisions of section 42-222, Idaho Code. However, the change shall not result in an increase in either the rate of flow diverted or in the total number of acres irrigated under the water right and shall cause no injury to other water rights. If the holder of any water right seeks to challenge such a change, the challenge may be brought only as an action initiating a contested case before the department, pursuant to the administrative procedure act, chapter 52, title 67, Idaho Code. Nothing in this section shall be construed to grant, deny or otherwise affect an irrigation district's authority to deliver water to areas outside the boundaries of such district.

(8) In the event that the department shall find that the applicant has not fully complied with the law and the conditions of permit, it may issue a license for that portion of the use that is in accordance with the permit or may refuse issuance of a license and void the permit. Notice of such action shall be forwarded to the permit holder by certified mail. The applicant may contest such action by the department pursuant to section 42-1701A(3), Idaho Code.

History:

[42-219, added 1903, sec. 8, p. 233; reen. R.C., 3261; modified by 1913, ch. 47, sec. 1, p. 154, and 1915, ch. 94, sec. 2, p. 216; compiled and reen. C.L., sec. 3261; C.S., sec. 5579; am. 1925, ch. 44, sec. 1, p. 61; I.C.A., sec. 41-213; am. 1967, ch. 374, sec. 11, p. 1079; am. 1980, ch. 238, sec. 5, p. 533; am. 1996, ch. 297, sec. 4, p. 972; am. 1998, ch. 332, sec. 2, p. 1067; am. 2002, ch. 306, sec. 2, p. 871; am. 2011, ch. 210, sec. 1, p. 591; am. 2020, ch. 164, sec. 4, p. 481.]
Idaho Code § 42-4416 — Idaho Code / Title 42 / Chapter 44 / Section 42-4416
42-4416 COMMISSIONERS — POWERS AND DUTIES.
Status: in_force

42-4416. Commissioners — Powers and duties. The board of commissioners of levee districts shall have the following powers and duties:

(1) To annually fix and determine the amount of money required to be raised by taxation to supply funds for costs of maintenance, operation, and/or construction of the levees and equipment of the district, and to levy and cause to be collected assessments on real property within the district in an amount not to exceed eight hundredths percent (.08%) of each dollar of market value for assessment purposes; provided, however, that a higher levy may be approved and ratified by the qualified voters at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose, and said levy shall be certified by the board to the board of county commissioners of the county, or counties, in which said district is located, with directions that at the time and in the manner required by law for levying taxes for county purposes, such board, or boards, of county commissioners shall levy such tax upon the real property within the boundaries of the district. Such certification of levies shall be prepared and forwarded by the board of the levee district to the board, or boards, of county commissioners on or before September 1, of each year.

Such levies shall be levied and collected in the manner provided by law, and the moneys collected shall be turned over to the treasurer or treasurers, of the county, or counties, in which said district is located.

Said moneys shall be public funds and subject to the provisions of the public depository laws of the state.

(2) To employ such personnel as may be necessary to carry out the purposes and objects of this chapter, with the full power to bind said district for the compensation of such personnel.

(3) To sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments necessary or convenient to the exercise of its power and to promulgate, amend and repeal rules and regulations not consistent with the provisions of this chapter.

(4) To manage and conduct the business and affairs of the district, both within and without the district.

(5) To maintain, operate and/or construct levees for containment of irrigation water and for the prevention of floodwater whether within or without the boundaries of the district, and to enter into contract for the purposes set forth above; provided, however, that the board shall not enter into contracts except in accordance with the provisions of chapter 28, title 67, Idaho Code. However, where it is determined by order of the board that there is an existing emergency, the requirement for sealed competitive bids shall not apply.

(6) To prescribe the duties of officers, agents and employees as may be required.

(7) To establish the fiscal year of the district and to keep records of all business transactions of the district.

(8) To prepare a statement of the financial condition of the district at the end of each fiscal year according to generally accepted accounting principles, and publish in at least one (1) issue of some newspaper published, or in general circulation in, the county, or counties, in which such district is located and to file a certified copy of such financial report with the director of the department of water resources.

(9) To have an audit of the financial affairs of the district as required in section 67-450B, Idaho Code.

(10) To obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; to lease any of its property or interest therein in furtherance of the purposes and provisions of this chapter, provided that any contract or agreement for the acquisition, purchase or repair of personal property shall be entered into in accordance with the provisions of chapter 28, title 67, Idaho Code.

(11) To have the power of eminent domain for the use of the district in the maintenance, operation, and construction of its levees or any other use necessary in the carrying out of the provisions of this chapter.

(12) To convey rights-of-way and easements for highways, public roads, public utilities, and for other purposes, over district property, as shall be determined by the board to be in the best interests of the district.

(13) To convey, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district, in any real or personal property. Prior to such sale or conveyance, the board shall have the property appraised by three (3) disinterested residents of the district, which appraisal shall be entered in the minutes of the board. The property may be sold at public auction or at a private sale by sealed competitive bids, as the board shall determine, to the highest cash bidder, provided that in no case shall any property of a district be sold for less than its appraised value. All sales by sealed competitive bids shall be advertised as herein provided.

(14) To enter into contracts or agreements with the United States or any of its officers, agents or subdivisions, or with the state or any of its officers, persons or agencies in effectuating, promoting and accomplishing the purposes of this chapter, provided that the district has sufficient moneys on hand, or in their budget for the year in which said contract is entered into, to defray the expenditure of funds called for in such contract without the creation of any indebtedness.

Whenever any such contract shall, by its terms, require the expenditure of funds by the district in excess of the moneys on hand or the funds to be realized from their budget for the year in which said contract is entered into, then such contract may not be entered into by the district until ratified by two-thirds (2/3) of the qualified voters voting at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose, according to the provisions of this chapter.

(15) To bear its allocated share of the cost of any project resulting from any contract or agreement entered into as provided herein.

(16) To take over, administer and maintain pursuant to any agreement or contract entered into in accordance with the provisions of this chapter, any levee project within or without the boundaries of the district undertaken in cooperation with the United States or any of its agencies, or with the state of Idaho or any of its agencies, or any combinations thereof.

(17) To accept donations, gifts and contributions in money, services, or materials or otherwise, from the United States or any of its agencies, or the state of Idaho or any of its agencies or any combinations thereof, and to expend such moneys, services, or materials in carrying on its operations.

(18) To exercise all other powers necessary, convenient or incidental to carrying out the purposes and provisions of this chapter.

History:

[42-4416, added 1990, ch. 396, sec. 1, p. 1112; am. 1993, ch. 327, sec. 22, p. 1214; am. 1993, ch. 387, sec. 14, p. 1432; am. 1995, ch. 118, sec. 82, p. 495; am. 2005, ch. 213, sec. 12, p. 648.]
Idaho Code § 42-3501 — Idaho Code / Title 42 / Chapter 35 / Section 42-3501
42-3501 BEAR RIVER COMPACT COMMISSIONERS — APPOINTMENT.
Status: in_force

42-3501. Bear River Compact commissioners — Appointment. The governor of the state of Idaho is hereby authorized and directed to appoint three (3) commissioners to represent the state of Idaho on a joint commission to be composed of three (3) commissioners from each of the states of Idaho, Utah, and Wyoming and one (1) commissioner that may be appointed to represent the United States of America, the said joint commission to be constituted for the purpose of administration of the Bear River Compact.

History:

[42-3501, added 1955, ch. 219, sec. 1, p. 468.]
Idaho Code § 42-1766 — Idaho Code / Title 42 / Chapter 17 / Section 42-1766
42-1766 APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.
Status: in_force

42-1766. Appeals procedure for water right holders. (1) During the period of a lease, any water right holder who determines that the lease is causing a water right to which the holder is entitled, to be deprived of water to which it may be otherwise entitled, may petition the director of the department of water resources to revoke or modify the lease. Upon such a petition, the director shall cause an investigation to be made and may hold hearings or gather information in some other manner. In the event that the director finds that an interference is occurring, he may revoke or require the lease to be modified to insure that no injury to other water rights occurs.

(2) Any person feeling aggrieved by a decision or action of the director shall be entitled to contest the action of the director pursuant to section 42-1701A(3), Idaho Code.

History:

[42-1766, added 1979, ch. 193, sec. 6, p. 562; am. 1980, ch. 238, sec. 18, p. 549.]
Idaho Code § 42-4401 — Idaho Code / Title 42 / Chapter 44 / Section 42-4401
42-4401 SHORT TITLE.
Status: in_force

42-4401. Short title. The provisions of this chapter may be known and cited as the "Levee District Act."

History:

[42-4401, added 1990, ch. 396, sec. 1, p. 1108.]
Idaho Code § 42-4103 — Idaho Code / Title 42 / Chapter 41 / Section 42-4103
42-4103 DEFINITIONS.
Status: in_force

42-4103. Definitions. For the purpose of this act, unless a different meaning clearly appears from the context, the following terms shall be ascribed the following meanings:

(a) The term "works" shall include water systems and sewerage systems;

(b) The term "water system" shall include reservoirs, storage facilities, water mains, conduits, aqueducts, pipelines, pumping stations, filtration plants, and all appurtenances and machinery necessary or useful for obtaining, storing, treating, purifying or transporting water for domestic uses or purposes;

(c) The term "sewerage system" shall include intercepting sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, treatment plants, structures, buildings, machinery, equipment, connections and all other appurtenances necessary, useful or convenient for the collection, transportation, treatment, purification, and disposal of the sewage of any district;

(d) The term "district" shall mean water and/or sewer districts and/or water or sewer subdistricts.

History:

[42-4103, added 1976, ch. 62, sec. 1, p. 212; am. 1996, ch. 73, sec. 2, p. 237.]
Idaho Code § 42-1416B — Idaho Code / Title 42 / Chapter 14 / Section 42-1416B
42-1416B CLAIM FOR EXPANDED USE IN CRITICAL GROUND WATER AREA — DETERMINATION OF WATER AVAILABILITY.
Status: in_force

42-1416B. Claim for expanded use in critical ground water area — Determination of water availability. (1) Within any critical ground water area designated pursuant to section 42-233a, Idaho Code, a claim to the expanded use of a ground water right, which use was expanded in violation of the mandatory permit requirements, may be decreed in a general water rights adjudication if the expansion occurred after the designation of the critical ground water area, before the commencement of the adjudication, and before the date of enactment of this section. The priority date for the right decreed shall be June 30, 1985.

(2) Water shall be deemed unavailable to fill the rights for expanded use, even if decreed in the adjudication, unless the director finds that a management program exists which will, within a time period acceptable to the director, limit the average annual water withdrawals from the aquifer designated in the critical ground water area to no more than the average annual recharge to the aquifer.

(3) Within two (2) years after a decree determining the water rights within a critical ground water area becomes final, but not sooner than four (4) years from the date of enactment of this section, the director of the department of water resources shall make a finding as to whether an adequate management program exists to bring withdrawals into balance with recharge.

(4) If the director finds that an adequate management program to bring withdrawals into balance with recharge does not exist, the director shall order all holders of rights to expanded use of ground water within the area to cease or reduce withdrawal of water until such time as the director determines that withdrawals have been brought into balance with recharge and sufficient ground water is available to resume or increase withdrawals. The director's order shall be issued before September 1 and shall be effective beginning with the following growing season.

(5) For purposes of this section, the following definitions shall apply:

(a) "Expanded use" means an increase in the number of acres irrigated, or other additional use, under a valid ground water right without any increase in the rate of diversion or volume of water diverted.

(b) "Management program" means a program to recharge the aquifer, limit withdrawals from the aquifer or provide surface water supplies for all, or a portion, of the land irrigated with water withdrawn from the aquifer, including any actions designed to bring withdrawals into balance with the average annual recharge to the aquifer.

(c) "Recharge" refers to all processes, natural or artificial, which add water to the aquifer.

(d) "Withdrawal" refers to all processes, natural or artificial, which take water from the aquifer.

(6) The hearing and judicial review provisions of section 42-1701A, Idaho Code, shall apply to any findings and orders issued by the director pursuant to this section.

(7) Nothing contained in this section shall be construed to limit the authority of the director of the department of water resources to administer and enforce any other ground water laws of the state.

History:

[42-1416B, added 1989, ch. 212, sec. 1, p. 521.]
Idaho Code § 42-1102 — Idaho Code / Title 42 / Chapter 11 / Section 42-1102
42-1102 OWNERS OF LAND — RIGHT TO RIGHT-OF-WAY.
Status: in_force

42-1102. Owners of land — Right to right-of-way. (1) Owners or claimants to land that do not have sufficient length of frontage on a stream to afford the requisite fall for a ditch, canal, lateral, drain, or other conduit on their own premises for the proper irrigation or drainage thereof, or where the land proposed to be irrigated is back from the banks of such stream, and convenient facilities otherwise for the watering of said lands cannot be had, such owners or claimants are entitled to a right-of-way through the lands of others for a ditch, canal, lateral, drain, or conduit to convey water to the place of use for the purposes of irrigation or to provide drainage of irrigated land.

(2) The right-of-way for a ditch, canal, lateral, drain, or other conduit shall include but is not limited to the reasonable exercise of the following rights:

(a) The right to enter the land across which the right-of-way extends for the purposes of accessing, inspecting, operating, cleaning, maintaining, and repairing the ditch, canal, lateral, drain, conduit, embankments, and irrigation structures and to occupy such width of the land along the ditch, canal, lateral, drain, conduit, and embankments as is necessary to properly perform such work with personnel and with such equipment as is commonly used or is reasonably adapted to that work.

(b) The right to remove from the ditch, canal, lateral, drain, conduit, embankments, and irrigation structures the debris, soil, vegetation, and other material the ditch, canal, lateral, drain, or conduit owner or operator reasonably deems necessary to properly access, inspect, operate, clean, maintain, and repair them. The owner or operator has the right and discretion to transport the material from the right-of-way, to utilize the material for reconstruction, repair, or maintenance of the ditch, canal, lateral, drain, conduit, embankments, irrigation structures, and related roads and access areas, and to deposit and leave the material within the right-of-way, provided that the deposits occupy no greater width of land along the ditch, canal, lateral, drain, conduit, and embankments than is reasonably necessary.

(c) The right to occupy the right-of-way during any season of the year to perform the work of operating, cleaning, maintaining, and repairing the ditch, canal, lateral, drain, conduit, embankments, and irrigation structures without prior notice to the owner or occupant of the land across which the right-of-way extends.

(d) The right to construct, install, modify, maintain, or relocate any structure, headgate, siphon, measuring device, road, fence, gate, or other appurtenance within the right-of-way that facilitates the delivery or drainage of water or is used to access, protect, inspect, operate, clean, maintain, or repair the ditch, canal, lateral, drain, or other conduit.

(e) The owner or operator of the ditch, canal, lateral, drain, or conduit is not obligated to maintain or control the right-of-way or vegetation for the benefit of the owners or claimants of lands of others.

(f) A servient estate owner's permission shall not be required to exercise the rights described in this section.

(3) Any servient estate owner shall be deemed to have notice that the owner of the ditch, canal, lateral, drain, or conduit has the right-of-way and all incidental rights confirmed or granted by this section if:

(a) The servient estate owner has actual or constructive knowledge of the ditch, canal, lateral, drain, or conduit; or

(b) The ditch, canal, lateral, drain, or conduit or any feature thereof is visible or reasonably discoverable.

(4) Rights-of-way provided by this section are essential for the operations of the ditches, canals, laterals, drains, and conduits. No person or entity shall cause or permit any encroachments onto the right-of-way, including public or private roads, utilities, fences, gates, pipelines, structures, landscaping, trees, vegetation, or other construction or placement of objects, without the written permission of the owner or operator of the right-of-way in order to ensure that any such encroachments will not unreasonably or materially interfere with the use and enjoyment of the right-of-way. Such written permission shall not be unreasonably withheld.

(5) Encroachments of any kind placed in such right-of-way without express written permission of the owner or operator of the right-of-way shall be removed at the expense of the person or entity causing or permitting such encroachment, upon the request of the owner or operator of the right-of-way, in the event that any such encroachments unreasonably or materially interfere with the use and enjoyment of the right-of-way.

(a) The person or entity that caused or permitted the encroachment shall perform such removal, modification, repair, or restoration within a reasonable time after request from the owner or operator of the easement or right-of-way or immediately upon such request in the event of reduced delivery or drainage of water, property damage, safety risk, or other emergency. What constitutes a reasonable time to respond to the request depends on the circumstances affecting the use, operation, maintenance, and repair of the ditch, canal, lateral, drain, or conduit and associated easement or right-of-way.

(b) If the person or entity that caused or permitted the encroachment fails to timely perform the requested actions, or in the event of reduced delivery or drainage of water, property damage, safety risk, or other emergency, the owner or operator of the easement or right-of-way may proceed to perform such actions at the expense of the person or entity causing or permitting the encroachment, as long as no work is performed on any municipal or public utility line.

(6) Any person or entity that causes or permits an encroachment shall be responsible for its use, operation, maintenance, repair, and replacement to prevent unreasonable or material interference with the ditch, canal, lateral, drain, or conduit and the associated easement or right-of-way and shall be liable for all damages that may accrue therefrom.

(7) Nothing in this section shall in any way affect the exercise of the right of eminent domain for the public purposes set forth in section 7-701, Idaho Code.

(8) This section shall apply to ditches, canals, laterals, drains, conduits, and embankments existing on the effective date of this act, as well as to ditches, canals, laterals, drains, conduits, and embankments constructed or existing after such effective date.

History:

[(42-1102) 1881, p. 269; R.S., sec. 3181; reen. R.C. & C.L., sec. 3300; C.S., sec. 5647; I.C.A., sec. 42-1002; am. 1996, ch. 187, sec. 1, p. 594; am. 2004, ch. 179, sec. 1, p. 562; am. 2019, ch. 158, sec. 1, p. 511; am. 2019, ch. 183, sec. 1, p. 590; am. 2021, ch. 250, sec. 2, p. 778; am. 2024, ch. 93, sec. 1, p. 432; am. 2026, ch. 109, sec. 1, p. 557.]
Idaho Code § 42-1406D — Idaho Code / Title 42 / Chapter 14 / Section 42-1406D
42-1406D KOOTENAI RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT.
Status: in_force

42-1406D. KOOTENAI RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT. (1) Effective management of the waters of the Kootenai River basin requires that a comprehensive determination of the nature, extent, and priority of the rights of all users of surface and ground water be determined. Therefore, the director of the department of water resources is authorized to petition the district court to commence an adjudication within the terms of the McCarran amendment, 43 U.S.C. 666, of the water rights from surface water and ground water sources in the Kootenai River basin. The petition shall describe the boundaries of the water sources to be adjudicated and contain a request that a commencement order be issued only if the court determines it is possible to defer the adjudication of domestic and stock water rights as defined by section 42-1401A(4) and (11), Idaho Code, within the terms of the McCarran amendment.

(2) The adjudication shall be brought in any district court in which any part of the water source is located or before a court of special jurisdiction for water right adjudications. Unless otherwise ordered by the supreme court, special jurisdiction for the general adjudication authorized by this section shall reside in the Snake River Basin Adjudication district court of the fifth judicial district of the state of Idaho, in and for the county of Twin Falls. The clerk of the district court in which the petition is filed shall send to the supreme court a true and certified copy of the petition. The supreme court, by order, shall assign the judge to preside over the general adjudication. Venue of the general adjudication shall be determined by order or rule of the supreme court and venue of hearings under the general adjudication shall be determined by order of the presiding judge.

(3) Once the district court issues an order that authorizes the director to commence an investigation and determination of the water rights within the boundaries of the adjudication and defines the boundaries of the adjudication, the director of the department of water resources shall proceed in the manner provided under the provisions of this chapter to the extent not inconsistent with the provisions of this section.

History:

[42-1406D, added 2024, ch. 223, sec. 1, p. 789.]
Idaho Code § 42-4102 — Idaho Code / Title 42 / Chapter 41 / Section 42-4102
42-4102 GRANT OF AUTHORITY.
Status: in_force

42-4102. Grant of authority. Any water and/or sewer district acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage such works in the most efficient manner consistent with sound economy and public advantage, to the end that the services of such works shall be furnished at the lowest possible cost. No water and/or sewer district shall operate any works primarily as a source of revenue to the district, but shall operate all such works for the use and benefit of those served by such works and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the inhabitants of the water and/or sewer district.

History:

[42-4102, added 1976, ch. 62, sec. 1, p. 211.]
Idaho Code § 42-4406 — Idaho Code / Title 42 / Chapter 44 / Section 42-4406
42-4406 PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.
Status: in_force

42-4406. Petition — Bond — Condition for withdrawal of names. The petitioners for formation of a levee district shall, at the time of the filing of the petition, file a bond with the clerk of the district court of the county in which the proposed district is to be located. The bond shall run to the state of Idaho and shall be in the penal sum of one thousand dollars ($1,000) with two (2) or more sureties, to be approved by the judge of the district court.

In case said district be not established, then all costs shall be collectible on such bond. Any person having a charge against said district shall have a right of action on such bond.

After the petition seeking formation of a levee district is filed with the clerk of said court, no petitioner shall be allowed to withdraw his name or land therefrom without tendering into court his pro rata share of all costs and expenses incurred by petitioners to the date of such withdrawal.

History:

[42-4406, added 1990, ch. 396, sec. 1, p. 1109.]
Idaho Code § 42-2930 — Idaho Code / Title 42 / Chapter 29 / Section 42-2930
42-2930 ADDITIONAL LEVY — NOTICE.
Status: in_force

42-2930. Additional levy — Notice. In the event that the amount levied shall be insufficient to complete the contemplated improvement, then the board shall levy an additional assessment sufficient to complete the same, including the cost of collection, and all legal and other proceedings in connection therewith. Such additional levy shall be made against the same property, and in the same proportion against each, as was the original levy, and after approval thereof by the judge, before whom said proceedings are pending, shall be spread on the books of the auditor and tax collector in the same manner as is required in the case of the original levy. A brief general notice of the filing of the application for confirmation of such additional levy shall be published in a newspaper of general circulation in each of the counties in which such district is situate, at least once each week, for three (3) consecutive weeks prior to the date fixed for confirmation.

History:

[(42-2930) 1919, ch. 183, sec. 7, p. 558; C.S., sec. 4521; I.C.A., sec. 41-2530.]
Idaho Code § 42-703 — Idaho Code / Title 42 / Chapter 7 / Section 42-703
42-703 MEASURING DEVICES ALONG STREAMS.
Status: in_force

42-703. Measuring devices along streams. It shall also be the duty of those using water in any district to place in the streams from which said water is diverted and at such places and intervals on said streams as the department of water resources may require suitable systems or devices for measuring the flow of water.

History:

[(42-703) 1917, ch. 53, part of sec. 3, p. 124; reen. C.L., sec. 3282e; C.S., sec. 5621; I.C.A., sec. 41-603.]
Idaho Code § 42-1422 — Idaho Code / Title 42 / Chapter 14 / Section 42-1422
42-1422 SPECIAL MASTER — APPOINTMENT — POWERS AND DUTIES — COMPENSATION — DISQUALIFICATION — REVIEW OF SPECIAL MASTER'S REPORT.
Status: in_force

42-1422. Special master — Appointment — Powers and duties — Compensation — Disqualification — Review of special master's report. (1) The district court may appoint one (1) or more special masters in any general adjudication.

(2) The district court shall specify the powers and duties of a special master in the order of reference. The compensation and disqualification of a special master shall be governed by order or rule of the supreme court.

(3) Objections to and hearing on the special master's report shall be governed by rule 53(e) of the Idaho rules of civil procedure.

History:

[42-1422, added 1986, ch. 230, sec. 5, p. 627; am. 1994, ch. 454, sec. 28, p. 1473.]
Idaho Code § 42-1745 — Idaho Code / Title 42 / Chapter 17 / Section 42-1745
42-1745 WARRANTS.
Status: in_force

42-1745. Warrants. The board may also issue revenue warrants for the same purposes for which they may issue revenue bonds and the provisions of this act relating to the terms, conditions, covenants, issuance and sale of revenue bonds shall be applicable to such revenue warrants.

History:

[42-1745, added 1965, ch. 319, sec. 7, p. 898.]
Idaho Code § 42-2004 — Idaho Code / Title 42 / Chapter 20 / Section 42-2004
42-2004 CERTIFIED CHECK TO ACCOMPANY PROPOSAL.
Status: in_force

42-2004. Certified check to accompany proposal. A certified check for a sum not less than $250 nor more than $2500, as may be determined by the rules of the department, shall accompany each request and proposal, the same to be held as a guaranty of the execution of the contract with the state, in accordance with its terms, by the party submitting such proposal, in case of the approval of the same and the selection of the land by the department, and to be forfeited to the state in case of failure of said parties to enter into a contract with the state in accordance with the provisions of this chapter.

History:

[(42-2004) 1895, p. 215, ch. 2, sec. 7; reen. 1899, p. 282, ch. 2, sec. 7; reen. R.C. & C.L., sec. 1616; C.S., sec. 2999; I.C.A., sec. 41-1704.]
Idaho Code § 42-3602 — Idaho Code / Title 42 / Chapter 36 / Section 42-3602
42-3602 ACCEPTANCE OF PROVISIONS OF FEDERAL ACT — COOPERATION WITH FEDERAL AUTHORITIES.
Status: in_force

42-3602. Acceptance of provisions of federal act — Cooperation with federal authorities. To effectuate the purposes of the act, as expressed in section 42-3601 hereof, the state of Idaho hereby accepts the provisions of the "Watershed Protection and Flood Prevention Act" (Aug. 4, 1954; 68 Stat. 666), and present and future amendments thereto, and shall, through the director of the department of lands of the state of Idaho, advise, consult and cooperate with any authorized federal officer or agency or any other authorized body or person whomsoever, or any combination thereof, in planning any number of "works of improvement" in Idaho under the said "Watershed Protection and Flood Prevention Act."

History:

[42-3602, added 1957, ch. 120, sec. 2, p. 199; am. 1974, ch. 17, sec. 23, p. 308.]
Idaho Code § 42-5261 — Idaho Code / Title 42 / Chapter 52 / Section 42-5261
42-5261 PETITION FOR DISSOLUTION OF DISTRICT.
Status: in_force

42-5261. Petition for dissolution of district. Whenever a majority of the members entitled and qualified to vote in district elections so desire, they may petition the board to call a special election to submit to the qualified district electors a proposal to vote on the dissolution of the district. The petition shall set forth the reasons for such proposal. The petition for dissolution of the district shall state that all the district's outstanding legal and enforceable obligations of every nature whatsoever have been fully satisfied and paid or shall set forth facts showing reasonable grounds for the belief that the consent of the holders of all such district obligations can be obtained, or that the district is able to satisfy all those not consenting.

History:

[42-5261, added 1995, ch. 290, sec. 1, p. 1008.]
Idaho Code § 42-5223 — Idaho Code / Title 42 / Chapter 52 / Section 42-5223
42-5223 BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Status: in_force

42-5223. Board of directors — Officers — Meetings — Compensation — Vacancies. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office at the pleasure of the board. Upon appointment the treasurer shall execute and file with the secretary an official bond in such amount as may be fixed by the board of directors, and shall thereafter from time to time execute and file such further bonds as may be required by the board in amounts fixed by it, which amounts shall be at least fifty percent (50%) of the maximum probable amount of money in the treasurer's hands at any one (1) time. All such official bonds shall be executed by a lawfully qualified surety company.

(2) The board of directors shall designate an office of the district.

(3) The board of directors shall hold a regular monthly meeting in the district's office on the first Tuesday in every month or such date each month as it shall fix by resolution, and such special meetings as may be required for the proper transaction of business. Special meetings may be held on seventy-two (72) hours' notice of the chairman or a majority of the members. A majority shall constitute a quorum for the transaction of business and the concurrence of a majority of the members shall be necessary to constitute the action of the board. All meetings of the board shall be public and all records of the board shall be open to the inspection of any member water user, or representative thereof during business hours.

(4) The members of the board of directors shall fix the compensation board members shall receive for each day spent attending the meetings, or while engaged in official business under the order of the board, together with actual and necessary expenses. The term "actual and necessary expenses" shall include all traveling and lodging expenses necessarily incurred by any director when absent from his residence in the performance of the duties of his office. The board shall fix the compensation to be paid to the other officers of the district.

(5) In case of a vacancy in the office of director occurring otherwise than by the expiration of a term, the remaining members of the board of directors shall fill such vacancy by appointing a ground water user who is a member of the district or a representative thereof, possessing full voting qualifications under this chapter and the qualifications of the director whose office has become vacant to serve the remainder of the term.

History:

[42-5223, added 1995, ch. 290, sec. 1, p. 992.]
Idaho Code § 42-2805 — Idaho Code / Title 42 / Chapter 28 / Section 42-2805
42-2805 DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES — EXAMINATION AND REPORT ON PRACTICABILITY OF PLAN — CALLING OF ELECTION — PROCEDURE UPON APPROVAL OF BOND ISSUE — APPEAL.
Status: in_force

42-2805. Director of the department of water resources — Examination and report on practicability of plan — Calling of election — Procedure upon approval of bond issue — Appeal. Upon the filing of the petition, and the making of the cash deposit, as herein provided, the board of county commissioners shall within thirty (30) days thereafter file a copy of said petition with the director of the department of water resources of the state of Idaho, and request him to examine into and report to said board, all matters necessary and essential to disclose the practicability, necessity or advisability of the construction of the proposed works or improvement, or the proposed contract for the use or benefit of the works constructed, and thereupon said director of the department of water resources shall, without delay, proceed and examine all matters named and referred to in said petition and make such survey of the territory likely to be affected by the proposed improvement as will enable him to fully determine whether the same is necessary or practicable, and report accordingly, and if some other or different plan than that described in the petition is found practicable, said director of the department of water resources shall so report giving such details and information as will be necessary to fully inform the board of county commissioners on all matters pertaining to the practicability or feasibility of the proposed plan, either as outlined in said petition, or according to some other or different plan that may be designated and recommended by said director of the department of water resources, but it shall be his duty to outline and designate all changes, whether by extension, enlargement, additions, or otherwise, that may be necessary to make the plan of the proposed improvement practicable and feasible, showing the probable size, character and cost of such proposed work, and if he finds the improvement petitioned for is feasible, he shall include in his report a map of the proposed improvement and also give the description of the tracts of land which he deems would be benefited thereby, and the probable area that is likely to be irrigated or drained or provided with a supplemental water supply, or otherwise affected by the proposed improvement, and such other information as the board may request. The director of the department of water resources is authorized to employ such assistance as the character of the work requested of him may require, but before incurring any expense he shall file with the county commissioners an estimate of the amount of money required to perform such work and upon the approval by the county commissioners of such estimate, said amount shall be required to be deposited with the county treasurer as other deposits are herein required, the same to be used in paying the expense incurred by said director of the department of water resources in the performance of said work. Upon the filing of the report of the director of the department of water resources as herein provided, and upon receipt of notice of approval of the project by the director of the department of water resources said board shall within ten (10) days proceed in like manner as provided by law for the procedure of the board of county commissioners in calling and conducting other county bond elections, and in like manner as provided in the laws governing county bond elections for other purposes, shall canvass the returns of said election, and if two-thirds (2/3) of the qualified electors, as in this chapter provided, voting at such election shall be found to have voted in favor of authorizing such indebtedness or bond issue, then the board of county commissioners shall make and file for record in the office of the county recorder an order establishing such county irrigation or drainage project; shall proceed to apportion and assess the benefits of such proposed irrigation or drainage works or such proposed contract, to the lands to be benefited thereby and in making such apportionment of benefits shall proceed in like manner as provided by law for the proceedings of the directors of irrigation districts in apportioning benefits in irrigation districts, and in like manner as in the case of similar proceedings in irrigation districts shall file a petition in the district court for the confirmation of the apportionment of benefits, and the validity of the bond issue or contract, and the proceedings in connection with the holding of the election, and the apportionment of benefits; whereupon the district court shall proceed to set such petition for hearing and to hear the evidence in connection therewith and to decide the same in like manner and with like effect as provided by statute in the case of similar proceedings in irrigation districts. The said petition and decree may be either for the confirmation of all of said proceedings in one (1) decree or there may be separate and successive petitions and decrees for confirmation of any part of said proceedings and if the court finds the apportionment as made by the board of county commissioners to be equitable and just the court shall confirm the same and if the court finds the said apportionment or any part thereof to be inequitable or unjust the court shall itself make an equitable and just apportionment and file a decree confirming the same. An appeal may be taken from such decision of the district court to the Supreme Court either by the board of county commissioners or any of protesting landowners who have appeared in said proceedings in the district court in like manner as in similar cases in irrigation districts. The said decree of the district court may not be collaterally attacked, and if not set aside or modified by the Supreme Court, shall be final and conclusive as to the validity of the bond issue and the apportionment of benefits so confirmed, and the regularity and validity of all proceedings in connection with or leading up to the same.

History:

[(42-2805) 1921, ch. 222, sec. 5, p. 492; I.C.A., sec. 41-2405.]
Idaho Code § 42-2979A — Idaho Code / Title 42 / Chapter 29 / Section 42-2979A
42-2979A TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.
Status: in_force

42-2979A. trade-in or exchange of district property. (1) Whenever the board of commissioners of a drainage district finds and by resolution declares that the district no longer has use for any personal property of the district, or finds and declares that such property is no longer economical to use, the district may, in lieu of the sale of said property as provided in section 42-2979, Idaho Code, dispose of the property by exchanging the same in part payment for new or replacement property.

(2) If the acquisition of the new or replacement property is to be let to bid under the provisions of chapter 28, title 67, Idaho Code, the district shall include in its request for bids a full description of the property to be exchanged as part payment and shall permit any interested bidder to examine the same, and any contract let as a result of said bid shall be awarded on the basis of net cost to the district after allowance for the property to be exchanged in part payment.

(3) Exchange of property will be permitted only when, in the opinion of the board of commissioners of the district, the sale of property under the provisions of section 42-2979, Idaho Code, will yield a lesser monetary return to the district than the exchange thereof as provided in this section.

History:

[42-2979A, added 2018, ch. 92, sec. 5, p. 199.]
Idaho Code § 42-3005 — Idaho Code / Title 42 / Chapter 30 / Section 42-3005
42-3005 CONFIRMATION PROCEEDINGS — TIME AND NOTICE OF HEARING — PRACTICE.
Status: in_force

42-3005. Confirmation proceedings — Time and notice of hearing — Practice. Upon the filing of said petition, the court or judge shall fix a time for the hearing thereof, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in a newspaper in the county in which the proceeding is filed, for three (3) successive weeks. The notice shall state the time and place fixed for the hearing of the petition, and that the proceeding is brought to procure an order, approving and authorizing the sale of refunding bonds of said district, and giving the amount of said bonds, and that any person interested in the subject matter of said petition may, on or before the day fixed for the hearing thereof, file objections thereto. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted at such hearing, must be taken as true, and every person or party failing to file objections shall be deemed to have admitted all the allegations of the petition.

History:

[(42-3005) 1925, ch. 21, sec. 5, p. 29; I.C.A., sec. 41-2605.]
Idaho Code § 42-3321 — Idaho Code / Title 42 / Chapter 33 / Section 42-3321
42-3321 AUTHORITY AND DUTIES OF COMMISSION.
Status: in_force

42-3321. Authority and duties of commission. The said commissioners for the state of Idaho shall have full authority to make full investigations of the Columbia River and its tributaries, including the Snake River, and the drainage thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river, and its tributaries, and of the present and future needs of the state of Idaho and its citizens, to the proper use and benefits of the waters of said river, and its tributaries, and to perform such other duties as may be necessary to sufficiently determine such facts and to secure the necessary information in order that they may properly perform their duties as commissioners of the state of Idaho upon said joint commission.

History:

[42-3321, added 1951, ch. 61, sec. 3, p. 89.]
Idaho Code § 42-2706 — Idaho Code / Title 42 / Chapter 27 / Section 42-2706
42-2706 REIMBURSEMENT OF CAREY ACT TRUST FUND.
Status: in_force

42-2706. Reimbursement of Carey Act trust fund. Provision shall be made for the collection of all sums expended by the state under this chapter and their return to the state is not to exceed ten (10) annual installments, said installments to be collected and returned to the state at the same times and in similar manner as may be provided for the collection of the installments due to the national government. Such installments when returned to the state shall constitute a trust fund in the hands of the state treasurer to be used only for the reclamation of other arid lands.

History:

[(42-2706) 1909, p. 331, secs. 5, 6; reen. C.L. 131:6; C.S., sec. 3074; I.C.A., sec. 41-2306.]
Idaho Code § 42-222A — Idaho Code / Title 42 / Chapter 2 / Section 42-222A
42-222A TEMPORARY CHANGES DURING DROUGHT CONDITIONS.
Status: in_force

42-222A. Temporary changes during drought conditions. (1) Upon declaration of a drought emergency for an area designated by the director of the department of water resources and approved by the governor of the state of Idaho, the director of the department of water resources is authorized to allow temporary changes to the use of water rights consisting of temporary transfers to change point of diversion, place and purpose of use of valid existing water rights or temporary exchanges of water authorized to be diverted under water rights, as provided in section 42-240, Idaho Code, when the director of the department of water resources determines that such change(s) can be accomplished in accordance with the provisions of this section.

(2) Application for a temporary change shall be made upon forms provided by the department of water resources and shall be accompanied by an application fee of fifty dollars ($50.00) per application.

(3) The director of the department of water resources is not required to publish notice of the proposed change pursuant to the provisions of section 42-211, 42-222(1) or 42-240, Idaho Code, and is not required to make findings as provided in said sections. A temporary change may be approved upon completion of the application form, payment of the filing fee and a determination by the director of the department of water resources that the proposed change can be properly administered and there is no information that the change will injure any other water right. If the water right to be changed is administered by a watermaster within a water district, the director of the department of water resources shall obtain and consider the recommendations of the watermaster before approving the temporary change application.

(4) All temporary changes approved pursuant to the provisions of this section shall expire on the date shown in the approval which shall not be later than December 31 of the year in which the emergency transfer approval is made and thereafter the water right shall revert to the point of diversion and place of use existing prior to the temporary change. Nothing herein shall be construed as approval to authorize the construction of a new well as a new point of diversion.

(5) The recipient of an approved temporary change issued pursuant to this section shall assume all risk that the diversion and use of the water may cause injury to other water rights, that the change constitutes an enlargement in use of the original right, that the use is not consistent with the conservation of water resources within the state of Idaho and that such use is not in the local public interest. Any applicant for a temporary change who is aggrieved by a denial by the director of the department of water resources of a temporary change pursuant to this section may request a hearing pursuant to the provisions of section 42-1701A(3), Idaho Code, and may seek judicial review of the final order of the director pursuant to the provisions of section 42-1701A(4), Idaho Code.

(6) Temporary changes shall only be approved for the purpose of providing a replacement water supply to lands or other uses which normally have a full water supply except for a drought condition. Temporary changes may not be approved to provide water for new projects or to allow expansion of the use of water under existing water rights. If the right to use the water, the diversion works or the water delivery system is represented by shares of stock in a corporation or if such right, diversion works or delivery system is owned or managed by an irrigation district, no change in point of diversion or place or nature of use of such water shall be made or allowed without the written consent of such corporation or irrigation district.

History:

[42-222A, added 1993, ch. 161, sec. 1, p. 411; am. 2001, ch. 126, sec. 1, p. 447.]
Idaho Code § 42-1505 — Idaho Code / Title 42 / Chapter 15 / Section 42-1505
42-1505 PRIORITY DATE — ADMINISTRATION.
Status: in_force

42-1505. Priority date — Administration. In his direction and control of the distribution of water from the streams of this state under the provisions of chapter 6, title 42, Idaho Code, the director shall consider any approved application for appropriation of minimum stream flow filed under the provisions of this act as a water right with priority date as of the date of receipt in the office of the director of a complete application. Water shall not be deemed to be available to fill any water right of later priority date if diversion of such water would result in a decrease in the flow of the stream or level of the lake below the minimum stream flow or minimum lake level specified in said approved application for appropriation of minimum stream flow at the locations described in said approved application.

History:

[42-1505, added 1978, ch. 345, sec. 11, p. 894.]
Idaho Code § 42-1428 — Idaho Code / Title 42 / Chapter 14 / Section 42-1428
42-1428 SEVERABILITY.
Status: in_force

42-1428. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[(42-1428) 1986, ch. 220, sec. 23, p. 582; am. and redesig. 1994, ch. 454, sec. 29, p. 1473.]
Idaho Code § 42-2502 — Idaho Code / Title 42 / Chapter 25 / Section 42-2502
42-2502 INSTRUMENT OF CONVEYANCE — EXECUTION — RECORDATION.
Status: in_force

42-2502. Instrument of conveyance — Execution — Recordation. The transfer of a water right, in whole or in part, made by such person to other lands so owned by him shall be evidenced by a written instrument executed and acknowledged by such person as other conveyances of real estate, reciting therein the facts, stating the amount of the right transferred and describing the land from which and the land to which the transfer is to be made, and the transfer of a water right or any portion thereof from one person to another shall be evidenced by a written instrument containing similar recitals and executed and acknowledged in like manner by the grantor or lessor.

All of such instruments shall be recorded in the office of the county recorder of the county or counties where the land is situated from which such right is transferred and also in the office of the county recorder of the county or counties where the land is situated to which such right is transferred, and to all of such instruments the recording acts of the state shall apply.

History:

[(42-2502) 1917, ch. 159, sec. 2, p. 484; reen. C.L. 130:2; C.S., sec. 3053; I.C.A., sec. 41-2102.]
Idaho Code § 42-5262 — Idaho Code / Title 42 / Chapter 52 / Section 42-5262
42-5262 CALL FOR ELECTION ON DISSOLUTION PETITION.
Status: in_force

42-5262. Call for election on dissolution petition. It shall be the duty of the said board of directors, if it approves the dissolution petition, to call an election in accordance with section 34-106, Idaho Code, for the purpose of submitting to the qualified electors of the district the proposal for dissolution of the district.

History:

[42-5262, added 1995, ch. 290, sec. 1, p. 1008.]
Idaho Code § 42-2027 — Idaho Code / Title 42 / Chapter 20 / Section 42-2027
42-2027 RECORD OF WATER CONTRACT.
Status: in_force

42-2027. Record of water contract. The contract for the water right upon which the aforesaid lien is founded shall be recorded in the office of the recorder of the county where said land is situate.

History:

[(42-2027) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., sec. 1629; reen. C.L., sec. 1629b; C.S., sec. 3020; I.C.A., sec. 41-1727.]
Idaho Code § 42-3218B — Idaho Code / Title 42 / Chapter 32 / Section 42-3218B
42-3218B ESTABLISHMENT.
Status: in_force

42-3218B. Establishment. Whenever a proposition for the creation of a water or sewer subdistrict shall have been approved in the manner set forth in section 42-3218A, Idaho Code, the board of directors of the water or sewer district shall enter in the minutes of the board an order providing for the establishment and creation of the water or sewer subdistrict setting forth therein the legal description of the boundaries thereof, and shall designate therein a name for such water or sewer subdistrict. Within ten (10) days after the entry of the order creating a water or sewer subdistrict, the board of directors shall certify the fact of the creation of the water or sewer subdistrict to the board of county commissioners of each county in which any part of the water or sewer subdistrict is located, by the filing of a certified copy of the order of the board of directors creating and establishing the water or sewer subdistrict.

History:

[42-3218B, added 1988, ch. 215, sec. 1, p. 406.]
Idaho Code § 42-3811 — Idaho Code / Title 42 / Chapter 38 / Section 42-3811
42-3811 VIOLATION OF ACT A MISDEMEANOR.
Status: in_force

42-3811. Violation of act a misdemeanor. Any person who violates any provision of this act or who violates any regulation, rule, order or standard of the board or director relating to the use of vacuum or suction dredges capable of moving two (2) or less cubic yards of material per hour shall be guilty of a misdemeanor.

History:

[42-3811, added 1980, ch. 331, sec. 3, p. 856.]
Idaho Code § 42-5125 — Idaho Code / Title 42 / Chapter 51 / Section 42-5125
42-5125 WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.
Status: in_force

42-5125. Water users subject to inclusion within the district. (1) All water users, as defined in subsection (1) of section 42-5102, Idaho Code, included within the district and who have not obtained exclusion as hereinafter provided, shall remain within and be subject to assessment by the district, notwithstanding the absence of their signatures on the petition for formation of the district, and notwithstanding any change in the ownership or control of the property of the water user, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which the water right or rights used to determine assessments are appurtenant. Municipal water users, as defined in subsection (2) of section 42-5102, Idaho Code, included within the district shall remain upon their election, within and be subject to assessment by the district unless excluded in the manner hereinafter provided.

(2) Any water user, as defined in subsection (1) of section 42-5102, Idaho Code, who has obtained exclusion from the district, but who nevertheless is benefited by the district, shall remain excluded; provided, however, that any person or entity succeeding the water user in the ownership or control of property, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which is appurtenant a water right that, barring the exclusion, would have been used to determine assessments, shall be deemed included within and subject to assessment by the district.

(3) Any individual or entity whose permit to appropriate water was acquired after the formation of the district but who qualifies as a water user under subsection (1) of section 42-5102, Idaho Code, in all other respects, shall be deemed included within and subject to assessment by the district if benefited either directly or indirectly by the district.

History:

[42-5125, added 1987, ch. 349, sec. 1, p. 776.]
Idaho Code § 42-2203 — Idaho Code / Title 42 / Chapter 22 / Section 42-2203
42-2203 FILING OF CLAIM OF LIEN.
Status: in_force

42-2203. Filing of claim of lien. On or after the first day of November and prior to the first day of January thereafter, the company, corporation or association, claiming the benefit of the lien herein provided, as against any parcel of land upon which the tolls, assessments and charges shall not have been paid, shall file for record with the county recorder for the county in which such land is situated, a statement containing the name of such company, corporation or association, the general or common name of the canal systems or irrigation works, or a general description of the same sufficient for identification, a statement of the lien claimant's demand, after deducting all just credits and offsets, a description of the particular tracts or parcels of land to be charged with the lien sufficient for identification, with the name of the owner, or reputed owner, if known, of each particular tract or parcel, which claim must be verified by the oath of the claimant or its attorney or agent, to the effect that affiant believes the same to be just: provided, that the claim or claims for liens against all land upon which the same is claimed for one year, may be made in one or more instruments, regardless of the number of owners, reputed owners or proprietors.

History:

[(42-2203) 1913, ch. 120, sec. 3, p. 465; reen. C.L. 129:4; C.S., sec. 3042; I.C.A., sec. 41-1903.]
Idaho Code § 42-504 — Idaho Code / Title 42 / Chapter 5 / Section 42-504
42-504 LIMITS OF USE.
Status: in_force

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

History:

[(42-504) 42-503, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 3, p. 749; am. 2020, ch. 253, sec. 5, p. 740.]
Idaho Code § 42-221 — Idaho Code / Title 42 / Chapter 2 / Section 42-221
42-221 FEES OF DEPARTMENT.
Status: in_force

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

A. For filing an application for a permit to appropriate the public waters of this state:

1. For a quantity of 0.2 c.f.s. or less or for a storage volume of 20 acre feet or less

2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s. or for a storage volume greater than 20 acre feet but not exceeding 100 acre feet

3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or for a storage volume greater than 100 acre feet but not exceeding 2,000 acre feet

plus $40.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 1.0 c.f.s. or 100 acre feet.

4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s. or for a storage volume greater than 2,000 acre feet but not exceeding 10,000 acre feet

plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 20.0 c.f.s. or 2,000 acre feet.

5. For a quantity greater than 100.0 c.f.s. but not exceeding 500.0 c.f.s., or for a storage volume greater than 10,000 acre feet but not exceeding 50,000 acre feet

plus $10.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 100 c.f.s. or 10,000 acre feet.

6. For a quantity greater than 500 c.f.s., or for a storage volume greater than 50,000 acre feet

plus $2.00 for each additional 1.0 c.f.s. or part thereof or 100 acre feet or part thereof over the first 500.0 c.f.s. or 50,000 acre feet.

B. For filing an application for an extension of time within which to resume the use of water under a vested water right

C. For filing application for amendment of permit

D. 1. For filing claim to use right under section 42-243 , Idaho Code

2. For filing a late claim to use a water right under section 42-243, Idaho Code, where the date filed with the department of water resources or, the postmark if mailed to the department of water resources, is:

i. After June 30, 1998

ii. After June 30, 2005

iii. For every ten (10) years after June 30, 2005, an additional

E. For filing an assignment of permit

F. For readvertising application for permit, change, exchange, or extension to resume use

G. For certification, each document

H. For making photocopies of office records, maps and documents for public use

I. For filing request for extension of time within which to submit proof of beneficial use on a water right permit

J. For tasks requiring in excess of one (1) hour research or for computerized data provided for public use

.

K. For filing proof of beneficial use of water and requests for water right license examinations, a fee based upon the rate of diversion claimed in the proof of beneficial use:

1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20 acre feet or less

except no fee shall be charged for domestic use for which a permit is not required.

2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s., or for a storage volume greater than 20 acre feet, but not exceeding 100 acre feet

3. For a quantity greater than 1.0 c.f.s., or for a storage volume greater than 100 acre feet

plus $25.00 for each additional c.f.s. or part thereof, or 100 acre feet or part thereof, over the first 1.0 c.f.s. or 100 acre feet with a maximum fee not to exceed $600.

L. For filing a protest or request to intervene in a protested matter

M. For filing an application to alter a stream channel pursuant to chapter 38, title 42, Idaho Code:

1. Application for recreational dredge permits by residents of the state

2. Application for recreational dredge permits by nonresidents of the state

3. Other applications

N. For receipt of all notices of application within a designated area, a reasonable annual charge as determined by the department.

O. For filing an application to change the point of diversion, place, period or nature of use of water under a vested water right:

1. For a quantity of 0.2 c.f.s. or less, or for a storage volume of 20 acre feet or less

2. For a quantity greater than 0.2 c.f.s. but not exceeding 1.0 c.f.s., or for a storage volume greater than 20 acre feet but not exceeding 100 acre feet

3. For a quantity greater than 1.0 c.f.s. but not exceeding 20 c.f.s., or for a storage volume greater than 100 acre feet but not exceeding 2,000 acre feet

plus $80.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 1.0 c.f.s. or 100 acre feet.

4. For a quantity greater than 20.0 c.f.s. but not exceeding 100 c.f.s., or for a storage volume greater than 2,000 acre feet but not exceeding 10,000 acre feet

plus $40.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 20.0 c.f.s. or 2,000 acre feet.

5. For a quantity greater than 100 c.f.s. but not exceeding 500 c.f.s., or for a storage volume greater than 10,000 acre feet but not exceeding 50,000 acre feet

plus $20.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 100 c.f.s. or 10,000 acre feet.

6. For a quantity greater than 500 c.f.s., or for a storage volume greater than 50,000 acre feet

plus $4.00 for each additional c.f.s. or part thereof or 100 acre feet or part thereof over the first 500 c.f.s. or 50,000 acre feet.

7. For any application to change the nature of use of water under one (1) or more vested water right(s), an additional fee of $250 shall apply.

8. For an application to change only the legal description for the place of use or the point of diversion when there will be no physical change in the location of the place of use or the point of diversion and no unauthorized physical change in the location of the place of use or the point of diversion has occurred inconsistent with the decree, license or transfer defining the water right, the total filing fee shall be $50.00 per water right.

P. For filing a notice of land application of effluent as required by section 42-201 (8), Idaho Code

All fees received by the department of water resources under the provisions of this chapter shall be transmitted to the state treasurer for deposit in the water administration account.

History:

[(42-221) 1903, p. 223, sec. 10; reen. R.C. & C.L., sec. 3263; C.S., sec. 5581; am. 1923, ch. 53, sec. 1, p. 60; I.C.A., sec. 41-215; am. 1941, ch. 116, sec. 1, p. 228; am. 1967, ch. 374, sec. 12, p. 1079; am. 1968 (2nd E.S.), ch. 25, sec. 1, p. 47; am. 1971, ch. 151, sec. 1, p. 750; am. 1978, ch. 143, sec. 1, p. 323; am. 1980, ch. 151, sec. 1, p. 320; am. 1981, ch. 147, sec. 2, p. 253; am. 1983, ch. 61, sec. 2, p. 141; am. 1985, ch. 226, sec. 1, p. 540; am. 1986, ch. 242, sec. 2, p. 657; am. 1986, ch. 313, sec. 4, p. 763; am. 1990, ch. 319, sec. 2, p. 870; am. 1994, ch. 64, sec. 2, p. 123; am. 1997, ch. 305, sec. 1, p. 908; am. 1998, ch. 79, sec. 1, p. 282; am. 2000, ch. 177, sec. 1, p. 445; am. 2011, ch. 172, sec. 1, p. 491; am. 2012, ch. 218, sec. 2, p. 597; am. 2018, ch. 42, sec. 1, p. 105.]
Idaho Code § 42-4224 — Idaho Code / Title 42 / Chapter 42 / Section 42-4224
42-4224 WATER USERS SUBJECT TO INCLUSION WITHIN THE DISTRICT.
Status: in_force

42-4224. Water users subject to inclusion within the district. (1) All water users, as defined in section 42-4202(1), Idaho Code, included within the district and who have not obtained exclusion as hereinafter provided, shall remain within and be subject to assessment by the district, notwithstanding the absence of their signatures on the petition for formation of the district, and notwithstanding any change in the ownership or control of the property of the water user, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which the water right or rights used to determine assessments are appurtenant. Municipal water users, as defined in section 42-4202(2), Idaho Code, included within the district shall remain at their election, within and be subject to assessment by the district unless excluded in the manner hereinafter provided.

(2) Any water user, as defined in section 42-4202(1), Idaho Code, who has obtained exclusion from the district, but who nevertheless is benefited by the district, shall remain excluded; provided, however, that any person or entity succeeding the water user in the ownership or control of property, whether by way of transfer, exchange, conveyance, assignment, lease, or otherwise, to which is appurtenant a water right that, barring the exclusion, would have been used to determine assessments, shall be deemed included within and subject to assessment by the district.

(3) Any individual or entity whose permit to appropriate water was acquired after the formation of the district, but who qualifies as a water user under section 42-4202(1), Idaho Code, in all other respects, shall be deemed included within and subject to assessment by the district if benefited either directly or indirectly by the district.

History:

[42-4224, added 1978, ch. 293, sec. 1, p. 737.]
Idaho Code § 42-5218 — Idaho Code / Title 42 / Chapter 52 / Section 42-5218
42-5218 ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS.
Status: in_force

42-5218. Election, term of office, nominations and qualifications. (1) One (1) year following the organization of the district, an election shall be held in accordance with section 34-106(1), Idaho Code, at which shall be elected one (1) director for each division of the district by the electors of the district at large. Following the election, the term of office of the directors shall be selected by lot so that as nearly as may be, one-third (1/3) of the number shall hold office for the term of one (1) year, one-third (1/3) for the term of two (2) years, and the balance for the term of three (3) years. An election shall be held in the district in accordance with section 34-106(1), Idaho Code, for each year thereafter, at which directors shall be elected to succeed those whose terms expire, to hold office for a term of three (3) years, or until their successors are elected and qualified. Every director must be a ground water user and a member of the district in the division of the director whom he is to succeed in office. Written nominations for the office of director must be signed by at least six (6) members in districts having less than one hundred (100) members and by at least twelve (12) members in districts having more than one hundred (100) members, and filed with the secretary of the district not less than twenty-eight (28) days nor more than forty-two (42) days before the date of election; and the names of the persons so nominated shall be placed upon official ballot to be furnished by the district.

(2) The board of directors may provide that any elections conducted under this chapter may be conducted by mail as long as the ballots are mailed not later than fourteen (14) days prior to the election and received by the secretary of the district by 8:00 p.m. on the date of the election.

History:

[42-5218, added 1995, ch. 290, sec. 1, p. 991; am. 1996, ch. 298, sec. 7, p. 983.]
Idaho Code § 42-1407 — Idaho Code / Title 42 / Chapter 14 / Section 42-1407
42-1407 GENERAL ADJUDICATION — VENUE — NOTICE OF FILING — COMMENCEMENT ORDER.
Status: in_force

42-1407. General adjudication — Venue — Notice of filing — Commencement order. (1) A general adjudication shall be brought in any district court in which any part of the water system within the state of Idaho is located. The clerk of the district court in which the petition is filed shall send to the supreme court a true and certified copy of the petition. The supreme court, by order, shall assign the judge to preside over the general adjudication. Venue of the general adjudication shall be determined by order or rule of the supreme court and venue of hearings under the general adjudication shall be determined by order of the presiding judge.

(2) The director shall prepare, in plain and concise language, and publish a notice of filing of a petition for entry of an order commencing a general adjudication for three (3) consecutive weeks in a newspaper of general circulation published in each county in which any part of the water system proposed to be adjudicated is located. If there is no newspaper published within a county, then the notice shall be published in a newspaper having general circulation in that county. The date set for hearing on the petition shall not be less than twenty (20) days after the last date of publication. The director shall serve the notice of filing a petition on the United States and on the state of Idaho. The director shall file affidavit(s) of service of the notice of filing with the district court upon completion of service.

(3) The notice of filing shall contain:

(a) a description of the boundaries of the water system proposed for the general adjudication;

(b) a statement of the date, place, and time of hearing before the district court;

(c) a concise statement of the matters proposed to be considered before the district court; and

(d) a statement that the district court will hear evidence and legal argument from any person in response to any matter raised by the petition.

(4) With respect to a general adjudication commenced pursuant to section 42-1405, Idaho Code, if the district court determines that the public interest and necessity will be served by a general adjudication, the district court shall enter an order that includes the following:

(a) a provision that commences the general adjudication;

(b) a description of the boundaries of the water system for which a general adjudication is commenced;

(c) a list of counties where the water system to be adjudicated and administered is located and a designation of whether all or only a portion of the county is included within the boundaries of the general adjudication;

(d) a provision that requires all claimants to file a notice of claim or negotiated agreement for all water rights from the water system, except that the court may exclude those types of water rights designated in paragraph (a) of subsection (1) of section 42-1420, Idaho Code;

(e) a determination of the method of service for claimants not disclosed following completion of the service required by paragraphs (a) through (d) of subsection (2) of section 42-1408, Idaho Code; and

(f) a statement that the files of the district court will contain affidavits of service and other documents stating the persons served with a copy of the notice of order commencing the general adjudication.

(5) Upon entry of a commencement order, the general adjudication shall proceed in accordance with this chapter.

(6) Promptly upon entry of the commencement order, the clerk of the district court shall send a certified copy of the order to the director, and shall serve notice of entry of the order on all persons appearing before the court in accordance with the Idaho rules of civil procedure.

History:

[(42-1407) 1986, ch. 220, sec. 9, p. 566; am. and redesig. 1994, ch. 454, sec. 13, p. 1454.]
Idaho Code § 42-5265 — Idaho Code / Title 42 / Chapter 52 / Section 42-5265
42-5265 CANVASS OF RETURNS ON ELECTION FOR DISSOLUTION.
Status: in_force

42-5265. Canvass of returns on election for dissolution. On the first Monday after any such election the board of directors of the district shall meet at its usual place of meeting to canvass the returns, and when they shall have declared the result the secretary shall make full entry in his record.

History:

[42-5265, added 1995, ch. 290, sec. 1, p. 1009.]
Idaho Code § 42-2919 — Idaho Code / Title 42 / Chapter 29 / Section 42-2919
42-2919 REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.
Status: in_force

42-2919. Report of intention to do work — Notice of hearing on confirmation. If the commissioners shall find after the investigation referred to that the cost, expenses and damages are more than equal to the increased value which will accrue to the lands within the district, they shall so report and the proceedings shall be dismissed. But if the commissioners shall report that the whole cost of the work including preliminary surveys and expenses, legal assistance and court costs will be less than the increase in value to accrue therefrom, they shall so report to the court, and the court shall then make and enter an order fixing a time and place when and where all persons interested may appear and contest the confirmation thereof, and the clerk of the court shall cause notices of the time and place of said hearing to be given to all parties interested by the publication of a notice thereof for at least three successive weeks prior to the date set for such hearing in one or more newspapers published in said county or counties which notice shall contain a description of all land affected and the amount of the assessments and damages awarded in said report and by personally serving or sending by registered mail a copy of said notice to each landowner at his post-office address in so far as the same can be ascertained, and if not known, then to their last known post-office address, at least twenty days before the date appointed for said hearing, but failure to receive such notice shall not invalidate any assessment.

History:

[(42-2919) 1913, ch. 16, part of sec. 10, p. 58; reen. C.L. 168:17; am. 1919, ch. 183, sec. 5, p. 558; C.S., sec. 4510; I.C.A., sec. 41-2519.]
Idaho Code § 42-1752 — Idaho Code / Title 42 / Chapter 17 / Section 42-1752
42-1752 ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.
Status: in_force

42-1752. Establishment of Idaho water resource board revolving development fund. There is hereby established in the state treasury a special fund to be known as the Idaho water resource board revolving development fund. All money in the fund is appropriated continuously to the board to be used and administered by it for the purpose of developing the state's water resources, and shall not be subject to the provisions of the Standard Appropriations Act of 1945 or section 67-3516, Idaho Code.

History:

[42-1752, added 1969, ch. 333, sec. 3, p. 1051.]
Idaho Code § 42-709 — Idaho Code / Title 42 / Chapter 7 / Section 42-709
42-709 MEASUREMENT OF WATER.
Status: in_force

42-709. Measurement of water. (1) It shall be the duty of the district hydrographer to:

(a) Measure the diversion from the water supply within the district by each appropriator or water user, or as the director of the department of water resources may otherwise require, and report the results as provided in section 42-708, Idaho Code.

(b) Take and record measurements from devices within the district required in sections 42-702 and 42-703, Idaho Code, and report the results as provided in section 42-708, Idaho Code.

(c) Monitor the ground water levels at ground water diversions, as required by the director of the department of water resources, before the pumping period begins and during the pumping period and report the results as provided in section 42-708, Idaho Code.

(d) Maintain current records of names and addresses of ground and surface appropriators or water users within the district and report the names and addresses as provided in section 42-708, Idaho Code.

(e) Maintain and report, as provided in section 42-708, Idaho Code, any change in the diversion facilities of any appropriator or water user in the district.

(f) Immediately report to the director of the department of water resources the diversion of any water appearing to be diverted without a water right or in violation of a water right.

(2) Data collected pursuant to the provisions of subsection (1) of this section during the period November 1 through December 31 shall be reported in the report required in section 42-708, Idaho Code, submitted the following year.

(3) The district hydrographer and his assistants may make reasonable entry upon any lands in the state for the purpose of making water measurements or in direct support of making water measurements.

(4) Appropriators or water users may be required by the director, pursuant to subsections (1) through (4) of section 42-701, Idaho Code, or section 42-702 or 42-703, Idaho Code, to install measuring devices to facilitate the measurement of water required in this section.

History:

[42-709, added 1995, ch. 291, sec. 3, p. 1020.]
Idaho Code § 42-3220 — Idaho Code / Title 42 / Chapter 32 / Section 42-3220
42-3220 LIABILITY OF PROPERTY INCLUDED OR EXCLUDED.
Status: in_force

42-3220. Liability of property included or excluded. All real property included within, or excluded from, a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion.

History:

[42-3220, added 1947, ch. 152, sec. 20, p. 364.]
Idaho Code § 42-1427 — Idaho Code / Title 42 / Chapter 14 / Section 42-1427
42-1427 DESCRIPTIONS OF WATER RIGHTS — REPORTING AND DECREEING ELEMENTS OF A DECREED OR LICENSED WATER RIGHT.
Status: in_force

42-1427. Descriptions of water rights — Reporting and decreeing elements of a decreed or licensed water right. (1) Legislative findings:

(a) The legislature finds that existing water rights are not uniformly described. Many old water rights were simply defined by source, priority date and diversion rate. Over time, the legislature and courts have made this original description of a water right more specific by the addition of other elements. Because of the increasing demand for water, it is important that the elements of a water right be standardized to allow for fair and efficient administration of the limited water supply. One (1) purpose of chapter 14, title 42, Idaho Code, is to establish, through an adjudication a uniform description for surface water rights, ground water rights and water rights which include storage.

(b) Because of the passage of time it is not possible to establish with any degree of certainty the undefined elements of a decreed or licensed water right as they existed on the date the right was established, because water delivery has occurred based upon the historic water use patterns and custom, and because attempts to define elements of a water right based upon unknown conditions in existence on the date of the establishment of the water right could result in significant impacts upon the claimant, the local economy and tax base, the legislature finds that it is in the public interest to provide a mechanism to decree previously undefined elements of existing water rights based upon conditions existing on the date of commencement of the adjudication provided the claimant is not exceeding any previously determined and recorded element of the decreed or licensed water right.

(2) If a licensed or decreed water right does not describe all of the elements of a water right required in section 42-1409, Idaho Code, the director shall include in his report recommendations for those elements not defined by the prior license or decree based upon the extent of beneficial use of the water right as of the date of the commencement of an adjudication.

History:

[42-1427, added 1994, ch. 454, sec. 33, p. 1476; am. 1994, ch. 455, sec. 6, p. 1489.]
Idaho Code § 42-5244A — Idaho Code / Title 42 / Chapter 52 / Section 42-5244A
42-5244A APPORTIONMENT OF MITIGATION PLAN OBLIGATIONS.
Status: in_force

42-5244A. APPORTIONMENT OF MITIGATION PLAN OBLIGATIONS. (1) The board of directors may apportion among district members mitigation plan obligations requiring district members to limit the amount of water diverted under their respective ground water rights or perform other actions to mitigate material injury to senior priority water rights caused by ground water use within the district.

(2) Each member shall bear a proportionate share of the district's total mitigation obligation. The proportionate share shall be based on:

(a) The ratio which the quantity of water the member is authorized to divert under the member's ground water right(s) bears to the total quantity of water authorized for diversion under the ground water rights of all members of the district; or

(b) The ratio which the number of acres the member is authorized to irrigate under the member's ground water right bears to the total number of acres authorized for irrigation under the ground water rights of all members of the district.

(3) The board shall adjust each member's proportionate share of the district's obligation based on priority date, unless the mitigation plan benefits all members equally. The board may additionally adjust a member's proportionate share of the district's obligation based on consumptive use under the member's ground water rights or other attributes of the member's ground water rights.

(4) Any nonirrigator who is a member of a ground water district, or whose ground water rights are appurtenant to property located within a ground water district, may propose a separate mitigation plan to the director. If the director approves the nonirrigator's mitigation plan, and the nonirrigator implements the mitigation plan, the nonirrigator shall be entitled to a credit for the contribution made by that nonirrigator's mitigation plan toward the district's mitigation obligation as determined by the director.

History:

[42-5244A, added 2019, ch. 261, sec. 2, p. 771.]
Idaho Code § 42-5256 — Idaho Code / Title 42 / Chapter 52 / Section 42-5256
42-5256 CHANGES TO BE FILED FOR RECORD.
Status: in_force

42-5256. Changes to be filed for record. Any decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner's land and changing the boundaries of such ground water district shall be filed for record in the recorder's office of the county or counties within which are situated the lands of such ground water district.

History:

[42-5256, added 1995, ch. 290, sec. 1, p. 1006; am. 2005, ch. 367, sec. 17, p. 1166.]
Idaho Code § 42-5267 — Idaho Code / Title 42 / Chapter 52 / Section 42-5267
42-5267 CHARACTER OF PROCEEDINGS FOR CONFIRMATION.
Status: in_force

42-5267. Character of proceedings for confirmation. Dissolution proceedings shall be in the nature of a suit to quiet title with respect to so much of the land and/or facilities within the district as is affected by the proposed dissolution. In such proceedings the board shall be the parties plaintiff and the holders of any obligations of the district, including obligations which are or might become liens against any of the lands, are parties defendant. The provisions of section 5-326, Idaho Code, so far as it can be made applicable, shall govern generally the force and effect of the decree; provided, that the petition may be in form against all persons having interest in or claim against the district, without naming them, and the summons, directed in the same way, and setting forth briefly the purposes of the petition, shall be by publication in the first instance or order of the court or a judge thereof and service on all parties interested, whether unknown owners, heirs, devisees, claimants or otherwise, shall be deemed complete at the time prescribed by the order for publication; and, unless answer be made by anyone interested in or making claim against said district default may be entered.

History:

[42-5267, added 1995, ch. 290, sec. 1, p. 1009.]
Idaho Code § 42-2003 — Idaho Code / Title 42 / Chapter 20 / Section 42-2003
42-2003 PROPOSALS TO CONSTRUCT IRRIGATION WORKS.
Status: in_force

42-2003. Proposals to construct irrigation works. Any person, company of persons, association or incorporated company, constructing, having constructed or desiring to construct, ditches, canals or other irrigation works to reclaim land under the provisions of this chapter, shall file with the department of water resources a request for the selection, on behalf of the state, by the department, of the land to be reclaimed designating said land by legal subdivisions.

This request shall be accompanied by a proposal to construct the ditch, canal or other irrigation works necessary for the complete reclamation of the land asked to be selected. The proposal shall be prepared in accordance with the rules of the department of water resources of Idaho as adopted by the director and with the regulations of the department of the interior; and shall be accompanied by the certificate of the director of the department of water resources that application for permit to appropriate water has been filed in its office, together with the department's report thereon. It shall state the source of water supply, the location and dimensions of the proposed works, the estimated cost thereof, the price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, said perpetual rights to embrace a proportionate interest in the canal or other irrigation works, together with all the rights and franchises attached thereto, and whether the applicants intend to apply for settlement of the lands under the provisions of section 42-2013A, Idaho Code.

In the case of incorporated companies it shall state the name of the company, the purpose of its incorporation, the names and places of residence of its directors and officers, the amount of its authorized and of its paid up capital. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties, and such other facts as will enable the director to determine his or their financial ability to carry out the proposed undertaking.

History:

[(42-2003) 1895, p. 215, ch. 2, sec. 6; reen. 1899, p. 282, ch. 2, sec. 6; reen. R.C. & C.L., sec. 1615; C.S., sec. 2998; I.C.A., sec. 41-1703; am. 1974, ch. 164, sec. 1, p. 1397.]
Idaho Code § 42-3230 — Idaho Code / Title 42 / Chapter 32 / Section 42-3230
42-3230 PUBLIC INSPECTION OF BUDGET — TIME AND PLACE.
Status: in_force

42-3230. Public inspection of budget — Time and place. Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.

History:

[42-3230, as added by 1973, ch. 84, sec. 3, p. 134.]
Idaho Code § 42-1761 — Idaho Code / Title 42 / Chapter 17 / Section 42-1761
42-1761 WATER SUPPLY BANK CREATED.
Status: in_force

42-1761. Water supply bank created. The water resource board shall have the duty of operating a water supply bank. The water supply bank shall make use of and obtain the highest duty for beneficial use from water, provide a source of adequate water supplies to benefit new and supplemental water uses, and provide a source of funding for improving water user facilities and efficiencies.

History:

[42-1761, added 1979, ch. 193, sec. 1, p. 560.]
Idaho Code § 42-5260 — Idaho Code / Title 42 / Chapter 52 / Section 42-5260
42-5260 PETITION TO ANNEX STATE LAND.
Status: in_force

42-5260. Petition to annex state land. The state board of land commissioners may, by resolution duly passed at any meeting of such state board and recorded in its minutes, after due consideration in each specific case, authorize the governor of the state of Idaho, as chairman of the board of land commissioners, to sign a petition for the annexation of adjacent Idaho state lands to a district, or sign a petition to exclude such state lands from a district. The governor shall be deemed the owner of such state lands for the purpose of signing any petition herein authorized, with like effect as the owner of private lands.

History:

[42-5260, added 1995, ch. 290, sec. 1, p. 1008.]
Idaho Code § 42-707 — Idaho Code / Title 42 / Chapter 7 / Section 42-707
42-707 DISTRICT MEETINGS — DISTRICT HYDROGRAPHER AND ASSISTANTS — ELECTION — REMOVAL — OATH AND BOND — ADVISORY COMMITTEE — DISTRICT TREASURER.
Status: in_force

42-707. District meetings — District hydrographer and assistants — Election — Removal — Oath and bond — Advisory committee — District treasurer. (1) There shall be held, except as provided in subsection (2) of this section, on the first Monday in November in each year commencing at two o'clock P.M., a meeting of all persons owning or having the use of a water right in the waters of the stream or water supply comprising such district. For purposes of this chapter, a water right is a right which has been adjudicated by the court, is represented by valid permit or license issued by the department of water resources, or is based upon diversion and beneficial use and is recorded by a claim to water right on file with the department of water resources.

(2) Such meeting shall be held at some place within the water measurement district, or at some nearby location convenient to a majority of those entitled to vote thereat, which place shall be designated by the director of the department of water resources. The director shall provide notice of district meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district. Published notice shall be made once per week for two (2) consecutive weeks with the second notice appearing at least thirty (30) and not more than sixty (60) days prior to the meeting. The appropriators or water users of any water measurement district may, by resolution adopted at an annual meeting or at a special meeting properly called for that purpose, change the time of day when the meeting shall commence or change the date for annual meetings in subsequent years to any day, except Saturday or Sunday, between the first Monday of November and the fourth Monday in February or change both the time and the date. At an annual meeting the appropriators or water users may adopt resolutions to assure or improve the measurement of the waters of the district within state law, and may provide that such resolutions shall continue from year to year.

(3) At the meeting of the appropriators or water users of a district there shall be elected a qualified district hydrographer for such water measurement district, who may be authorized to employ such other qualified regular assistants as the appropriators or water users shall deem necessary, and who, upon qualification and appointment by the director of the department of water resources, shall be responsible for measurement of water as in this chapter required within the water measurement district, and the appropriators or water users shall, prior to the election of such district hydrographer and approval of the employment of assistants, fix the compensation to be paid them during the time actually engaged in the performance of their duties. Qualifications for the district hydrographer and hydrographer's assistants include:

(a) Any combination of education or experience that demonstrates to the satisfaction of the director of the department of water resources the applicant's ability to conduct water measurements, to perform mathematical computations associated with water measurements, to keep complete and accurate records of water measurements, to be familiar with common terminology associated with water rights and water diversion and use, and to be able to read public land legal descriptions, translate written public land legal descriptions to map locations and find those locations on the land; and

(b) In addition, the district hydrographer's qualifications shall include any combination of education or experience that demonstrates to the satisfaction of the director of the department of water resources the applicant's ability to keep financial records as those records pertain to the expenses of the district, prepare a budget, and prepare assessments and billings for the appropriators or water users in the district.

(4) The appropriators or water users may, by resolution, authorize the district hydrographer to utilize, through a memorandum of understanding, water delivery organizations as hydrographer's assistants.

(5) Voting shall be by majority vote of the appropriators or water users present at the meeting unless one (1) or more appropriators or water users requests voting using the procedure which follows in this subsection. In such case the meeting chairman shall appoint a credentials committee to determine the number of votes each appropriator or water user present is authorized to cast. If requested, each person present, owning or having the use for the ensuing season of any water right in the stream or water supply comprising such water measurement district shall be entitled to a number of votes equal to the average annual dollar amount and any fraction thereof assessed for that person's qualifying water right for the previous five (5) years, or such lesser number of years as the right has been assessed. If a right has not previously been assessed, a person present, owning or having the use of the right for the ensuing season shall be entitled to a number of votes equal to the dollar amount and any fraction thereof which the right would have been assessed had it existed and been used during the previous year.

(6) At such meeting the appropriators or water users shall choose a meeting chairman and meeting secretary and shall determine the manner and method of electing the district hydrographer. Within five (5) days after such meeting the meeting chairman and meeting secretary shall forward a certified copy of the minutes of such meeting to the department of water resources. The meeting chairman, or the meeting secretary if the meeting chairman from the immediately preceding annual meeting is not present, shall call the meeting to order and preside over the election of officers for the meeting.

(7) At such meeting the appropriators or water users may choose an advisory committee to be composed of members selected as may be determined at the meeting, which committee shall serve as advisors to the director and the district hydrographer in matters pertaining to the measurement of water within the district. The advisory committee may be authorized to carry out policies pertaining to the measurement of water within the district as set forth in resolutions duly adopted by the appropriators or water users at the annual meeting or at a special meeting.

(8) A corporation or a water delivery organization including, but not limited to a corporation, a water company, an irrigation district, an irrigation company or a canal company, shall be considered a person for the purpose of this section and shall cast its vote by someone to be designated by the corporation or water delivery organization.

(9) Should the meeting not be held, or should the district hydrographer not be elected or the district hydrographer's compensation not be fixed as above provided, then the director of the department of water resources is authorized to appoint a district hydrographer and fix the district hydrographer's compensation.

(10) The director of the department of water resources may remove any district hydrographer whenever such district hydrographer fails to perform the district hydrographer's duty, upon the director's own motion or upon complaint in that respect being made to the director in writing, by one (1) person owning or having the right to the use of a water right in such district provided, that upon investigation the director, after a hearing with the other appropriators or water users of the district, which shall be held in the district or at some location convenient to the appropriators or water users of the district, finds such charge to be true. If at any time a vacancy occurs, for whatever reason, in the position of district hydrographer, the director may appoint a successor for the unexpired term.

(11) Before entering upon the duties of the district hydrographer's office, the district hydrographer shall take and subscribe an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the district hydrographer's office, as provided in section 42-709, Idaho Code, and shall file that oath with the department of water resources. Upon qualification and appointment by the director of the department of water resources, the actions taken by a district hydrographer in fulfillment of the duties of his office are covered by the state group surety bond as provided in sections 59-801 through 59-804, Idaho Code.

(12) The director shall call a special meeting of the appropriators or water users of a district upon receipt of a written request for such meeting from a majority of the members of the advisory committee for a district, a written request from appropriators or water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the district hydrographer or on the director's own motion if the director determines a meeting is necessary to address matters that cannot be delayed until the next regular annual meeting. Notice of the time, place and purpose of the special meeting shall be given by the director in the manner provided in subsection (2) of this section or by regular mail to all holders of rights to the use of the waters of such district known to the director.

(13) The appropriators or water users may, by resolution, authorize the district hydrographer to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water measurement district as necessary for the proper measurement of water and shall provide that all such real and personal property shall remain in the custody of the district hydrographer and the district hydrographer's successor.

(14) At such meeting the appropriators or water users shall choose a district treasurer to be selected as may be determined at the meeting. The district treasurer shall assume the duties specified in section 42-715, Idaho Code. If a water measurement district treasurer is not selected at the annual meeting, and one is found to be necessary, the director of the department of water resources shall appoint a water measurement district treasurer.

History:

[42-707, added 1995, ch. 291, sec. 3, p. 1017; am. 1998, ch. 44, sec. 1, p. 189.]
Idaho Code § 42-2043 — Idaho Code / Title 42 / Chapter 20 / Section 42-2043
42-2043 SOURCE OF LANDS.
Status: in_force

42-2043. Source of lands. If the lands in the project area become available to the state of Idaho by direct grant from the United States, other than through provisions of the Carey Act, the Idaho water resource board is authorized to proceed, as set forth in this act, as though the project were under the provisions of the Carey Act.

History:

[42-2043, added 1976, ch. 306, sec. 3, p. 1050.]
Idaho Code § 42-1313 — Idaho Code / Title 42 / Chapter 13 / Section 42-1313
42-1313 WITHDRAWAL FROM LATERAL WATER USERS' ASSOCIATION.
Status: in_force

42-1313. WITHDRAWAL FROM LATERAL WATER USERS' ASSOCIATION. (1) A water user may withdraw from a water users' association by providing written notice and proof that the water user's land is no longer entitled to receive water from the water delivery organization and the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association's lateral or ditch.

(2) Withdrawal shall not affect any delinquent assessment or lien recorded against the water user's land pursuant to this chapter that accrued before the user's withdrawal.

History:

[(42-1313) 42-1312, added 2015, ch. 80, sec. 5, p. 203; am. and redesig. 2026, ch. 112, sec. 26, p. 575.]
Idaho Code § 42-2943 — Idaho Code / Title 42 / Chapter 29 / Section 42-2943
42-2943 CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT.
Status: in_force

42-2943. Change of plans — Procedure in district court. In case any substantial changes in said system of improvement, or the manner and construction thereof, shall be deemed necessary by said board of commissioners at any time during the progress thereof, and the written consent to such changes cannot be procured from said landowners, then said commissioners for and on behalf of said district, shall file a petition in the district court of the county within which said district is located, setting forth therein the changes which they deem necessary to be made in the plans or manner of the construction of said improvement, and praying therein to be permitted to make such changes.

Upon the filing of said petition the court shall cause a summons to be served, setting forth the prayer of said petition under the seal of the said court, which summons shall be served in the same manner as the service of summons in the case of the original petition, upon all the landowners or other persons having any lien or interest therein appearing of record in said district.

Any or all of said parties so served may appear in said cause and submit their objections thereto and after the time for the appearance of all said parties has expired, the court shall proceed to hear said petition at once, and if it appears during the course of said proceedings that the property rights of any of said landowners will be affected by such proposed change in said improvements, then the court, after having passed upon all preliminary questions as in the original proceedings, may call a jury to be impaneled in the manner provided by the Code of Civil Procedure, and upon the final hearing of said case the jury shall return a verdict finding the amount of damages, if any, sustained by all persons and corporations, the same as upon the original petition by reason of such proposed change, and the amount of compensation to be paid to any persons or corporation therefor, and for any additional right of way that may be necessary to be appropriated.

History:

[(42-2943) 1913, ch. 16, part of sec. 19, p. 58; compiled and reen. C.L. 168:40; C.S., sec. 4534; I.C.A., sec. 41-2543.]
Idaho Code § 42-2964 — Idaho Code / Title 42 / Chapter 29 / Section 42-2964
42-2964 INTERPRETATION OF LAW.
Status: in_force

42-2964. Interpretation of law. The provisions of this chapter shall be liberally construed to promote the public health and welfare by reclaiming wet or overflowed lands, building embankments or levees and the preservation of any system of drainage heretofore constructed or to be constructed according to law.

History:

[(42-2964) 1913, ch. 16, part of sec. 40, p. 58; reen. C.L. 168:59; C.S., sec. 4555; I.C.A., sec. 41-2564.]
Idaho Code § 42-2034 — Idaho Code / Title 42 / Chapter 20 / Section 42-2034
42-2034 REDEMPTION PURCHASE BY PROSPECTIVE SETTLER.
Status: in_force

42-2034. Redemption purchase by prospective settler. Where the lienholder becomes the purchaser at such foreclosure sale, if such land and water rights are not redeemed by the original owner within nine (9) months, then at any time within three (3) months after the expiration of such nine (9) months, any person desiring to settle upon and use such land and water rights, may apply to the purchaser at such foreclosure sale to redeem such land and water rights, and such purchaser shall assign the certificate of sale of such land and water rights to the person desiring to redeem the same, upon the payment by him, within such three (3) months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon. In case the land and water rights shall be redeemed by any person other than the original owner, the sheriff shall, upon presentation of such certificate, issue a deed for such land and water rights to the person so redeeming the same.

History:

[(42-2034) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629j; C.S., sec. 3027; I.C.A., sec. 41-1734.]
Idaho Code § 42-3221 — Idaho Code / Title 42 / Chapter 32 / Section 42-3221
42-3221 ISSUANCE OF NEGOTIABLE COUPON BONDS — FORM AND TERMS.
Status: in_force

42-3221. Issuance of negotiable coupon bonds — Form and terms. To carry out the purposes of this act, and to pay the necessary and ordinary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest, payable semi-annually, and shall be due and payable serially, either annually or semi-annually, commencing not later than three (3) years and extending not more than thirty (30) years from date. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding three per centum (3%) of the principal thereof. Said bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.

History:

[42-3221, added 1947, ch. 152, sec. 21, p. 364; am. 1955, ch. 63, sec. 3, p. 122; 1965, ch. 140, sec. 1, p. 274; am. 1970, ch. 133, sec. 7, p. 309.]
Idaho Code § 42-4112 — Idaho Code / Title 42 / Chapter 41 / Section 42-4112
42-4112 VALIDITY OF BONDS.
Status: in_force

42-4112. Validity of bonds. Any resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to the water and sewer district revenue bond act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

History:

[42-4112, added 1976, ch. 62, sec. 1, p. 218.]
Idaho Code § 42-3104 — Idaho Code / Title 42 / Chapter 31 / Section 42-3104
42-3104 DISTRICTS — COMPOSITION — DESIGNATED BY NUMBER.
Status: in_force

42-3104. Districts — Composition — Designated by number. Flood control districts, composed of any portion of a county, or any county or counties requiring flood control, may be established pursuant to this act and when so established shall be governmental subdivisions of this state and public bodies, corporate and politic. Districts shall be assigned a number by the department and shall have all of the powers and duties conferred by law upon such districts.

History:

[42-3104, added 1971, ch. 300, sec. 4, p. 1219.]
Idaho Code § 42-5104 — Idaho Code / Title 42 / Chapter 51 / Section 42-5104
42-5104 BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS.
Status: in_force

42-5104. Board of directors — Composition — Appointment of first board — Election of subsequent boards. (1) The board of directors of the ground water management district shall consist of three (3) members. Each member shall be a water user, or representative of a water user within the district.

(2) The first board of directors shall be appointed by the director of the department of water resources. Water users within the district, or groups thereof, may submit to the director, or the director may solicit therefrom, the names of qualified individuals to be considered for appointment to the board.

(3) The term of office of the directors shall be determined by lot so that one (1) member shall serve for a term of three (3) years, one (1) member shall serve for a term of two (2) years, and one (1) member shall serve for a term of one (1) year. Thereafter, members shall serve a three (3) year term and shall be elected as hereinafter provided. If a vacancy occurs, the director shall appoint a successor to serve the remainder of the term.

(4) On the first Tuesday in February following the expiration of the term of the member serving for one (1) year, and on the first Tuesday in February of each year thereafter, an election shall be held at which a director to succeed the one whose term has expired will be elected. Each director so elected shall be a water user or a representative of a water user within the district.

In any election for director, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a directors position, it shall not be necessary for the candidate to stand for election, and the board of directors of the district shall declare such candidate elected as director and the secretary of the district shall immediately make and deliver to such person a certificate of election.

History:

[42-5104, added 1987, ch. 349, sec. 1, p. 766; am. 1995, ch. 118, sec. 83, p. 498.]
Idaho Code § 42-4230 — Idaho Code / Title 42 / Chapter 42 / Section 42-4230
42-4230 EXCLUSION TO BE RECORDED.
Status: in_force

42-4230. Exclusion to be recorded. The decision and order of the board of directors, or of the district court in case of appeal, excluding the petitioner or petitioners from the district shall be filed for record in the recorder's office of the counties within which the district is situated.

History:

[42-4230, added 1978, ch. 293, sec. 1, p. 740.]
Idaho Code § 42-4012 — Idaho Code / Title 42 / Chapter 40 / Section 42-4012
42-4012 RESIDENT AGENT — ACTIONS — HEARINGS — APPEALS.
Status: in_force

42-4012. Resident agent — Actions — Hearings — Appeals. (a) Every permit holder, owner, and operator of any well shall designate to the director an agent who resides in this state upon whom may be served all orders, notices, or permits issued by the director.

(b) Any person adversely affected by any order, including orders following hearings held pursuant to this chapter, served on him by the board or the director may bring an appeal therefrom to the district court within twenty-eight (28) days of such service, or, if he has not had a hearing before the board, he may request a hearing at such time. Such appeals shall be accomplished and reviewed pursuant to chapter 52, title 67, Idaho Code.

(c) Nothing contained in this section shall preempt any right of any person to any writ or other relief available in a civil action.

(d) Nothing contained in this act shall preempt any public nuisance or similar law of this state.

(e) All orders, permits, and notices issued by the director or the board under this act shall also bind and be effective on all successors and assigns of the persons to whom such orders, permits, and notices are addressed.

History:

[42-4012, added 1972, ch. 301, sec. 13, p. 749; am. 1974, ch. 20, sec. 60, p. 533; am. 1980, ch. 238, sec. 23, p. 553; am. 1993, ch. 216, sec. 41, p. 624.]
Idaho Code § 42-2038 — Idaho Code / Title 42 / Chapter 20 / Section 42-2038
42-2038 FEES OF DEPARTMENT — DUTIES OF EMPLOYEES.
Status: in_force

42-2038. Fees of department — Duties of employees. The director shall prescribe the duties of all its employees and shall collect the following fees:

(1) For filing an application requesting temporary withdrawal–each project application shall be accompanied by the guaranteed deposit required by section 42-2004, Idaho Code, and by a one hundred dollar ($100) nonrefundable application fee.

(2) For filing an application for segregation of lands–each project application shall be accompanied by the guaranteed deposit required by section 42-2004, Idaho Code, unless the required guaranteed deposit has already been made with an application requesting temporary withdrawal, and by a nonrefundable application fee to be based upon an estimate by the director of the department's cost of reviewing the project feasibility reports including any necessary on-site inspections of the project. However, in no case shall the application fee be less than five hundred dollars ($500) nor exceed ten dollars ($10.00) per acre of land requested to be segregated.

(3) For filing detailed project plans and specifications and entering a contract to construct the project works–the detailed plans and specifications and the proposed contract for construction of works for the project shall be accompanied by a nonrefundable fee to be based upon an estimate by the director of the department's costs of reviewing the detailed plans and specifications and the proposed contract, and for inspection of project construction. However, in no case shall the fee be less than five hundred dollars ($500) nor exceed ten dollars ($10.00) per acre of land segregated for the project.

(4) For filing applications to enter project lands–each application to enter project lands shall be accompanied by the payment on the land required by section 42-2014, Idaho Code, and by a one hundred dollar ($100) nonrefundable application for entry fee.

(5) In administering the charges authorized in paragraphs (2) and (3) above, the director shall make every effort to group project studies and in every way take that action which will minimize the fees charged to the settlers. The money collected for fees shall be paid to the treasurer of the state and by him credited to the fund created by virtue of this chapter. No fee shall be required of any state agency proposing to construct a project under this act.

History:

[(42-2038) 1895, p. 215, ch. 2, sec. 23; reen. 1899, p. 282, ch. 2, sec. 23; reen. R.C. & C.L., sec. 1632; C.S., sec. 3031; I.C.A., sec. 41-1738; am. 1974, ch. 164, sec. 9, p. 1397; am. 1981, ch. 314, sec. 1, p. 659.]
Idaho Code § 42-2926 — Idaho Code / Title 42 / Chapter 29 / Section 42-2926
42-2926 PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS.
Status: in_force

42-2926. Procedure for payment of damages awarded — Determination of conflicting claims. Any person or corporation claiming to be entitled to any money ordered paid by the court, as provided in this chapter, may apply to the court therefor and upon furnishing evidence satisfactory to the court that he be entitled to the same, the court shall make an order directing the payment to such claimant of the portion of such money as he or it may be found entitled to; but, if upon application, the court or judge thereof shall decide that the title to the land, real estate or premises specified in the application of such claimants is in such condition as to require that an action be commenced to determine the title of claimants thereto, it shall refuse such order until such action is commenced and the conflicting claims to such land, real estate or premises be determined according to law.

History:

[(42-2926) 1913, ch. 16, sec. 15, p. 58; reen. C.L. 168:24; C.S., sec. 4517; I.C.A., sec. 41-2526.]
Idaho Code § 42-3134 — Idaho Code / Title 42 / Chapter 31 / Section 42-3134
42-3134 ORDER TO BE RECORDED.
Status: in_force

42-3134. ORDER TO BE RECORDED. The board of commissioners shall cause a copy of the annexation order, certified by the chairman and secretary of the board, to be filed for record in the recorder's office of the county or counties within which the annexed lands are situated, and thereupon the district shall be and remain a flood control district as fully and to every intent and purpose as if the annexed lands that are included in the district's boundaries had been included at the original organization of the district.

History:

[42-3134, added 2020, ch. 249, sec. 6, p. 732.]