Idaho Code § 42-1425 — Idaho Code / Title 42 / Chapter 14 / Section 42-1425
42-1425 ACCOMPLISHED TRANSFERS.
Status: in_force

42-1425. Accomplished transfers. (1) Legislative findings regarding accomplished transfers and the public interest.

(a) The legislature finds and declares that, prior to the commencement of the Snake River basin adjudication, the northern Idaho adjudications, the Bear River basin adjudication, and the Kootenai River basin adjudication, many persons entitled to the use of water or owning land to which water has been made appurtenant either by decree of the court or under provisions of the constitution and statutes of this state changed the place of use, point of diversion, nature or purpose of use, or period of use of their water rights without compliance with the transfer provisions of sections 42-108 and 42-222, Idaho Code.

(b) The legislature finds that many of these changes occurred with the knowledge of other water users and that the water has been distributed to the right as changed. The legislature further finds and declares that the continuation of the historic water use patterns resulting from these changes is in the local public interest provided no other existing water right was injured at the time of the change. Denial of a claim based solely upon a failure to comply with sections 42-108 and 42-222, Idaho Code, where no injury or enlargement exists, would cause significant undue financial impact to a claimant and the local economy. Approval of the accomplished transfer through the procedure set forth in this section avoids the harsh economic impacts that would result from a denial of the claim.

(c) The legislature further finds and declares that examination of these changes by the director through the procedures of section 42-222, Idaho Code, would be impractical and unduly burdensome. The more limited examination of these changes provided for in this section constitutes a reasonable procedure for an expeditious review by the director while ensuring that the changes do not injure other existing water rights or constitute an enlargement of use of the original right.

(2) Any change of place of use, point of diversion, nature or purpose of use, or period of use of a water right by any person entitled to use of water or owning any land to which water has been made appurtenant, either by decree of the court or under the provisions of the constitution and statutes of this state, prior to November 19, 1987, the date of commencement of the Snake River basin adjudication, prior to January 1, 2006, for the northern Idaho adjudications authorized by section 42-1406B, Idaho Code, prior to the date of commencement of the Bear River basin adjudication authorized by section 42-1406C, Idaho Code, and prior to the date of commencement of the Kootenai River basin adjudication authorized by section 42-1406D, Idaho Code, may be claimed in the applicable general adjudication even though the person has not complied with sections 42-108 and 42-222, Idaho Code, provided no other water rights existing on the date of the change were injured and the change did not result in an enlargement of the original right. Except for the consent requirements of section 42-108, Idaho Code, all requirements of sections 42-108 and 42-222, Idaho Code, are hereby waived in accordance with the following procedures:

(a) If an objection is filed to a recommendation for accomplished change of place of use, point of diversion, nature or purpose of use, or period of use, the district court shall remand the water right to the director for further hearing to determine whether the change injured a water right existing on the date of the change or constituted an enlargement of the original right. After a hearing, the director shall submit a supplemental report to the district court setting forth his findings and conclusions. If the claimant or any person who filed an objection to the accomplished transfer is aggrieved by the director's determination, they may seek review before the district court. If the change is disallowed, the claimant shall be entitled to resume use of the original water right, provided such resumption of use will not cause injury or can be mitigated to prevent injury to existing water rights. The unapproved change shall not be deemed a forfeiture or abandonment of the original water right.

(b) This section is not applicable to any claim based upon an enlargement of use.

History:

[42-1425, added 1994, ch. 454, sec. 31, p. 1474; am. 1996, ch. 186, sec. 7, p. 592; am. 2006, ch. 222, sec. 3, p. 662; am. 2020, ch. 50, sec. 2, p. 117; am. 2024, ch. 223, sec. 2, p. 790.]
Idaho Code § 42-1732 — Idaho Code / Title 42 / Chapter 17 / Section 42-1732
42-1732 IDAHO WATER RESOURCE BOARD.
Status: in_force

42-1732. Idaho water resource board. Pursuant to the provisions of article 15, section 7, of the constitution of the state of Idaho, there is hereby established as the constitutional water agency within the department of water resources the Idaho water resource board which shall consist of eight (8) appointed members. The eight (8) appointed members shall be qualified electors of the state, no more than four (4) of whom shall be members of the same political party. Appointment of board members shall be made solely upon consideration of their knowledge, interest and active participation in the field of reclamation, water use or conservation and no member shall be appointed a member of the board unless he shall be well informed upon, interested in, and engaged actively in the field of reclamation, water use or conservation of water. Four (4) of these members shall be appointed at large and no more than three (3) of the eight (8) members shall be residents of a single district. To insure representation of water users of all geographic locations of the state, one (1) member shall be appointed from each of the following districts:

District No. 1 which shall consist of the counties of Boundary, Bonner, Kootenai, Shoshone, Benewah, Latah, Clearwater, Nez Perce, Lewis and Idaho;

District No. 2 which shall consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee;

District No. 3 which shall consist of the counties of Camas, Gooding, Jerome, Twin Falls, Cassia, Blaine, Lincoln, Minidoka, Lemhi, Custer and Butte;

District No. 4 which shall consist of the counties of Clark, Fremont, Jefferson, Madison, Teton, Bingham, Bonneville, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake.

All appointments shall be made by the governor with the advice and consent of the senate. As soon as practicable after passage of this act, the governor shall appoint all eight (8) members; four (4) members shall be appointed to terms which will expire on January 1, 1967, four (4) members shall be appointed to terms which will expire on January 1, 1969, and thereafter all appointments shall be to four (4) year terms. Any vacancy caused by death, removal, disqualification, or resignation, shall be filled by the governor for the unexpired term caused by the vacancy. The appointed members shall be compensated as provided by section 59-509(h), Idaho Code.

History:

[42-1732, added 1965, ch. 320, sec. 2, p. 901; am. 1974, ch. 20, sec. 22, p. 533; am. 1980, ch. 247, sec. 42, p. 612.]
Idaho Code § 42-2503 — Idaho Code / Title 42 / Chapter 25 / Section 42-2503
42-2503 CONSENT OF CAREY ACT OPERATING COMPANY TO TRANSFER.
Status: in_force

42-2503. Consent of Carey Act operating company to transfer. Before the transfer of a water right shall take effect under this chapter a person interested therein must apply to the board of directors of the corporation operating such Carey Act irrigation system for consent to the making of such transfer, and if such consent is given a resolution showing the same and the extent or portion of the right to be transferred shall be adopted by said board and a copy thereof, with proper reference to the date of its passage, shall be incorporated in the instrument evidencing such transfer, and upon the recording of such instrument, as provided in section 42-2502, such transfer shall be complete.

History:

[(42-2503) 1917, ch. 159, sec. 4, p. 484; compiled and reen. C.L. 130:4; C.S., sec. 3054; I.C.A., sec. 41-2103.]
Idaho Code § 42-3505 — Idaho Code / Title 42 / Chapter 35 / Section 42-3505
42-3505 COLUMBIA INTERSTATE COMPACT BECOMING OPERATIVE UPON RATIFICATION AND ENACTMENT OF LEGISLATION.
Status: in_force

42-3505. Columbia Interstate Compact becoming operative upon ratification and enactment of legislation. The compact set forth in section 42-3403 shall not become operative unless and until it has been ratified and approved by appropriate legislative enactment by the states of Washington, Oregon and Montana, and has been consented to and approved by the congress of the United States by legislation conforming to the requirement of subdivision A of article XIV of said compact. The governor of Idaho shall give notice of the ratification and approval of this compact by the Idaho legislature to the governors of the states of Washington, Oregon, Montana, Wyoming, Nevada and Utah and to the President of the United States.

History:

[42-3505, added 1963, ch. 310, sec. 2, p. 818.]
Idaho Code § 42-4222 — Idaho Code / Title 42 / Chapter 42 / Section 42-4222
42-4222 MUNICIPALITIES — SPECIAL TAX TO PROCURE FUNDS FOR PAYMENT OF ASSESSMENTS.
Status: in_force

42-4222. Municipalities — Special tax to procure funds for payment of assessments. Municipalities shall be solely liable for payment of the assessments levied against them, but in order that sufficient funds shall be available therefore, municipalities within the district are hereby empowered and directed to levy a special tax upon all the taxable property within the municipality in an amount equal to the assessment.

Assessments against municipalities unpaid on the date specified in section 42-4219, Idaho Code, shall become delinquent, shall bear interest and shall be subject to the penalty as therein provided, but the provisions of sections 42-4220 and 42-4221, Idaho Code, shall not apply thereto. The board of directors may proceed in any other manner authorized by law for the collection of any such delinquent assessments.

History:

[42-4222, added 1978, ch. 293, sec. 1, p. 736.]
Idaho Code § 42-1211 — Idaho Code / Title 42 / Chapter 12 / Section 42-1211
42-1211 LIABILITY FOR WASTE OF WATER.
Status: in_force

42-1211. LIABILITY FOR WASTE OF WATER. Any person entitled to the use of water from any ditch, canal, or conduit who willfully or wantonly wastes water in a manner that causes injury or damage to another person's real property shall be liable in a civil action to the owner of the injured or damaged real property.

History:

[42-1211, added 2026, ch. 112, sec. 3, p. 569.]
Idaho Code § 42-2948 — Idaho Code / Title 42 / Chapter 29 / Section 42-2948
42-2948 CONSTRUCTION OF DIKES ALONG PUBLIC ROADS.
Status: in_force

42-2948. Construction of dikes along public roads. In the construction of any diking system under the provisions of this chapter, where it is desired to construct the same along the right of way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: provided, that the dikes so constructed along such road shall not destroy or impair the same for use as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be of use as a public highway.

History:

[(42-2948) 1913, ch. 16, sec. 39, p. 58; reen. C.L. 168:45; C.S., sec. 4539; I.C.A., sec. 41-2548.]
Idaho Code § 42-605 — Idaho Code / Title 42 / Chapter 6 / Section 42-605
42-605 DISTRICT MEETINGS — WATERMASTER AND ASSISTANTS — ELECTION — REMOVAL — OATH AND BOND — ADVISORY COMMITTEE.
Status: in_force

42-605. District meetings — Watermaster and assistants — Election — Removal — Oath and bond — Advisory committee. (1) There shall be held on the first Monday in March in each year, except as provided in subsection (2) of this section, a meeting of persons owning or having the use of a water right in the waters of the stream or water supply comprising such district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources.

(2) Such meeting shall be held at some place within the water district, or at some nearby location convenient to a majority of those entitled to vote thereat. The director of the department of water resources shall, at least twenty-one (21) days prior to the meeting date, send notification by regular mail to all persons, companies, corporations or other entities known by the director to hold rights that are assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, of the time, date, location and purpose of the annual meeting. At any annual meeting, the water users may vote to waive the requirement for notice by mail and provide for notice to be given for future meetings by publication of the time, date, location and purpose of the meeting in a newspaper or newspapers in general circulation in the district or on the department of water resources website. Published notice in a newspaper or newspapers shall be made once per week for two (2) consecutive weeks with the second notice appearing at least fourteen (14) and not more than thirty (30) days prior to the meeting. Notice on the department of water resources website shall be posted at least twenty-one (21) days prior to the meeting date. At any annual meeting, the water users may vote to change the date for annual meetings in subsequent years to any day, except Saturday and Sunday, between the second Monday of January and the fourth Tuesday of May. At an annual meeting, the water users may adopt resolutions to assure or improve the distribution 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 water users of a district, there shall be elected a watermaster for such water district, who may be authorized to employ such other regular assistants as the water users shall deem necessary, and who, upon appointment by the director, shall be responsible for distribution of water within said water district. Notwithstanding any personnel classification assigned to the watermaster and assistants pursuant to the provisions of chapter 53, title 67, Idaho Code, the water users shall, prior to the election of such watermaster 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.

(4) Voting shall be by majority vote of the water users present at the meeting unless one (1) or more 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 water user present is authorized to cast. If requested, each person present who owns or has the use for the ensuing season of any water right in the stream or water supply comprising such water district that is assessed or proposed to be assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, 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 who owns or has 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 that the right would have been assessed had it existed and been reasonably used when water was available under the priority of the right during the previous season. Absentee voting and voting by proxy are prohibited.

(5) At such meeting, the water users shall choose a meeting chairman and meeting secretary. The water users of any water district that collects or pays district expenses in accordance with section 42-613(3) or 42-619, Idaho Code, shall also elect a water district treasurer. Within five (5) business 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 is not present, from the immediately preceding annual meeting shall call the meeting to order and preside over the election of officers for the meeting.

(6) At such meeting, the 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 watermaster in matters pertaining to the distribution of water within the district. The advisory committee may be authorized to carry out policies as set forth in resolutions duly adopted by the water users at the annual meeting or at a special meeting. The advisory committee may also serve as the local committee to facilitate the rental of stored water if appointed by the water resource board for such purpose under the provisions of section 42-1765, Idaho Code.

(7) A corporation or a water delivery organization, including but not limited to 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 designate someone to cast its vote.

(8) Should said meeting not be held, or should said watermaster not be elected or the watermaster's compensation not be fixed as above provided, then the director is authorized to appoint a watermaster and fix the watermaster's compensation.

(9) The director may remove any watermaster whenever such watermaster fails to perform the watermaster's duty, upon complaint made to the director in writing, by one (1) person owning or having the right to the use of a water right that is assessed by such district, which right has been adjudicated or decreed by the court or is represented by valid permit or license issued by the department of water resources, provided, that upon investigation the director, after a hearing with the other water users of said district, which shall be held in the district or at some location convenient to the water users of the district, finds such charge to be true, and the director may appoint a successor for the unexpired term.

(10) Before entering upon the duties of the watermaster's office, said watermaster shall take and subscribe to an oath before some officer authorized by the laws of the state to administer oaths, to faithfully perform the duties of the watermaster's office, as provided in section 42-607, Idaho Code, and shall file that oath with the department of water resources. Upon appointment by the director, the actions taken by a watermaster in fulfillment of the duties of the office are covered by the state group surety bond as provided by sections 59-801 through 59-804, Idaho Code. A duly appointed watermaster that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the watermaster is reelected. If a duly elected or appointed watermaster resigns, dies or is physically unable to perform the duties of the office during the remainder of the elected or appointed watermaster term of service, then the director is authorized to appoint a successor for the unexpired term as provided in paragraphs (a) and (b) of this subsection.

(a) If a water district advisory committee has been chosen as provided in subsection (6) of this section, the water district advisory committee shall meet to either nominate a successor watermaster or request a special meeting as provided in subsection (11) of this section to elect a new watermaster. Upon receipt of a nomination from a majority of the members of the water district advisory committee, the director is authorized to appoint the nominated successor watermaster for the unexpired term.

(b) If a water district advisory committee has not been chosen, the director of the department of water resources is authorized to appoint a temporary successor watermaster. The temporary appointment extends through the unexpired term unless a special meeting is requested as provided in subsection (11) of this section and water users elect a new watermaster.

(11) The director shall call a special meeting of the water 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 water users representing thirty percent (30%) or more of the votes cast at the last regular annual meeting, a written request from the watermaster, 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, provided however, that a special meeting notice shall be sent at least fourteen (14) days prior to the meeting date.

(12) The water users may, by resolution, authorize the watermaster to acquire, hold and dispose of such real and personal property, equipment and facilities in the name of the water district as necessary for the proper distribution of water, administration of the water district and enhancement of water supplies and shall provide that all such real and personal property shall remain in the custody of the watermaster and the watermaster's successor.

(13) The water users may, by resolution, authorize the watermaster to develop, coordinate or provide, through contract or by other means, for weather modification projects involving cloud seeding that are designed to increase the water supplies of the water district by enhancing natural precipitation and which conform to state water planning objectives.

History:

[(42-605) 1903, sec. 24, p. 223; reen. R.C., sec. 3275; am. 1909, sec. 1, p. 326; am. 1915, ch. 34, sec. 10, p. 103; C.L., sec. 3275; C.S., sec. 5609; am. 1925, ch. 60, sec. 1, p. 86; am. 1931, ch. 94, sec. 1, p. 160; I.C.A., sec. 41-505; am. 1947, ch. 9, sec. 1, p. 9; am. 1969, ch. 305, sec. 1, p. 913; am. 1973, ch. 262, sec. 1, p. 534; am. 1982, ch. 14, sec. 1, p. 19; am. 1984, ch. 175, sec. 1, p. 421; am. 1987, ch. 112, sec. 1, p. 225; am. 1988, ch. 31, sec. 1, p. 39; am. 1991, ch. 101, sec. 1, p. 225; am. 1992, ch. 339, sec. 6, p. 1017; am. 2006, ch. 146, sec. 1, p. 458; am. 2011, ch. 176, sec. 1, p. 498; am. 2013, ch. 42, sec. 1, p. 87; am. 2013, ch. 327, sec. 1, p. 856; am. 2015, ch. 82, sec. 1, p. 204; am. 2018, ch. 40, sec. 1, p. 100; am. 2020, ch. 52, sec. 1, p. 124.]
Idaho Code § 42-235 — Idaho Code / Title 42 / Chapter 2 / Section 42-235
42-235 DRILLING PERMITS.
Status: in_force

42-235. Drilling permits. Prior to beginning construction of any well, or changing the construction of any well, the driller or well owner shall obtain a permit from the director of the department of water resources to protect the public health, safety and welfare and the environment, and to prevent the waste of water or mixture of water from different aquifers. There shall be a seventy-five dollar ($75.00) charge for the permit if the well is to be used for domestic or monitoring purposes. If the well is to be used for other than domestic or monitoring purposes, the charge for the permit shall be two hundred dollars ($200). All moneys received pursuant to this section shall be credited to the water administration account. The director may provide a blanket drilling permit for site specific monitoring programs which will determine the quality, quantity, temperature, pressure or other attributes of aquifers. The application for a blanket permit shall include a design proposal prepared by a licensed engineer or licensed geologist which shall describe the overall drilling program and all relevant technical features of the wells to the satisfaction of the director. Progress reports, completion and other data may be required as provided by rule. The fee for the blanket permit shall be one hundred dollars ($100) plus an additional fifty dollars ($50.00) per well. A driller or well owner violating any provision of this section shall be guilty of a misdemeanor and shall also be subject to the enforcement procedures of section 42-1701B, Idaho Code.

History:

[42-235, added 1987, ch. 347, sec. 4, p. 745; am. 1990, ch. 164, sec. 1, p. 361; am. 1996, ch. 267, sec. 1, p. 868; am. 1998, ch. 173, sec. 1, p. 596.]
Idaho Code § 42-2304 — Idaho Code / Title 42 / Chapter 23 / Section 42-2304
42-2304 PROVISIONS OF ACT PERMISSIVE.
Status: in_force

42-2304. Provisions of act permissive. The provisions of this act shall not be construed as mandatory, but permissive only as to any company, association of persons, or corporation, referred to in section 42-2301.

History:

[42-2304, added 1945, ch. 30, sec. 4, p. 37.]
Idaho Code § 42-505 — Idaho Code / Title 42 / Chapter 5 / Section 42-505
42-505 EFFECT OF ILLEGAL CHANGE OF OWNERSHIP OR TRANSFER.
Status: in_force

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

History:

[(42-505) 42-504, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 4, p. 749.]
Idaho Code § 42-4005 — Idaho Code / Title 42 / Chapter 40 / Section 42-4005
42-4005 PERMIT — ISSUANCE — SUFFICIENT SECURITY — REVIEW — APPEAL.
Status: in_force

42-4005. Permit — Issuance — Sufficient security — Review — Appeal. (a) If the director finds that the well or the injection well as proposed to be constructed or altered is in the public interest, he shall issue a permit. The director may issue a permit substantially in accordance with the specifications on the application, or the director may limit the scope of the permit granted or may issue a permit subject to conditions.

(b) If the director finds that the well or injection well as it is proposed to be constructed or altered in the application will not be in the public interest, he shall refuse to issue a permit. In no case shall the director issue a permit to construct or alter a well or injection well if he finds that use of the proposed well or injection well may be expected to unreasonably reduce the quality of any surface or ground waters below the quality which such waters would have had but for the proposed well.

(c) If the director refuses to issue a permit, or issues one subject to conditions or limitations, he shall issue a clear statement of his reasons for refusing to issue or issuing the limited permit. The director shall issue a statement of findings of fact and conclusions of law that provides a factual and legal basis for the order. The refusal of the director to issue a permit, together with the clear statement of the reasons for refusing to issue the permit shall be served on the applicant by certified mail. A permit issued conditionally or subject to limitations shall, with the statement of reasons required under this subsection, be served in the same manner as a refusal to issue a permit.

(d) An applicant denied a permit or issued a limited or conditional permit may seek a public hearing before the water resource board. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director's decision, and make its decision in the form of an order to the director. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code. Judicial review of the final determination by the board may be secured pursuant to chapter 52, title 67, Idaho Code.

(e) The director shall not issue a permit if he finds that the operation of any well under a proposed permit will decrease ground water in any aquifer or other ground water source or will unreasonably decrease ground water available for prior water rights in any aquifer or other ground water source of water for beneficial uses, other than uses as a mineral source, an energy source, or otherwise as a material medium, unless and until the applicant has also obtained a permit for the appropriation of ground waters under chapter 2, title 42, Idaho Code.

(f) The director shall require, as a condition of every permit, that every person who engages in the construction, alteration, testing, or operation of a well provide evidence of good and sufficient security in the form of a bond, trust fund, letter of credit, insurance or other acceptable surety that ensures that the applicant perform the duties required by this chapter and properly abandon any well covered by such permit. Good and sufficient security shall be an amount not less than ten thousand dollars ($10,000) or more than one hundred thousand dollars ($100,000) as determined by the director based on the size and depth of the well, the complexity of the well, the resource to be recovered, the area of operation, and other relevant factors.

(g) Notwithstanding the requirements for sufficient security for individual permits identified in this section, the director shall have the discretion to accept evidence of good and sufficient security in the form of a comprehensive wellfield or statewide bond, trust fund, letter of credit, insurance or other acceptable surety for all well permits owned by the applicant within a field or within the state, provided the amount of the comprehensive security does not exceed the total sum of the amounts under each individual permit.

History:

[42-4005, added 1972, ch. 301, sec. 6, p. 749; am. 1974, ch. 20, sec. 53, p. 533; am. 1980, ch. 238, sec. 22, p. 551; am. 1987, ch. 347, sec. 16, p. 760; am. 1993, ch. 216, sec. 40, p. 623; am. 2004, ch. 63, sec. 1, p. 284; am. 2007, ch. 189, sec. 3, p. 557.]
Idaho Code § 42-612 — Idaho Code / Title 42 / Chapter 6 / Section 42-612
42-612 PROPOSED WATER DISTRICT BUDGET FOR SUCCEEDING YEAR — ADOPTION AND CONTENTS OF BUDGET — DEBT OF WATER USER.
Status: in_force

42-612. proposed water district budget for succeeding year — adoption and contents of Budget — Debt of water user. (1) Each watermaster shall, at least fourteen (14) days prior to the annual meeting of the water users of the water district, prepare a proposed budget for the succeeding year, together with a distribution of the pro rata amounts of the budget assessed to the respective water users or water delivery organizations using the actual volume of water delivered for the past season or seasons. The proposed budget and distribution of pro rata assessments shall be presented to the water users for consideration and approval at the next annual meeting.

(2) At any annual meeting, the water users shall adopt a budget covering the estimated expenses of delivering the water of the district for the succeeding year and shall, by resolution, determine how the moneys composing the budget shall be collected. The compensation of the watermaster and the watermaster's assistants and any other expenses of delivering the water of the district to the users thereof, including the costs of the advisory committee in implementing resolutions adopted by the water users of the district for activities other than the payment of the salary and operating expenses of the watermaster and assistants, shall be paid in the manner provided for by this section.

(3) To the extent possible, funding for advisory committee expenses associated with implementing resolutions adopted by the water users for activities other than the payment of the salary and operating expenses of the watermaster and assistants shall come from funds available pursuant to section 42-613A, Idaho Code. If funds available pursuant to section 42-613A, Idaho Code, are not sufficient to cover expenses incurred in implementing resolutions adopted by the water users, then such expenses shall come from assessments.

(4) The budget shall show the aggregate amount to be collected from all the water users in the district and the amount to be paid by each water delivery organization or other water user. For the purpose of computing the respective amounts to be paid by each water user, the actual volume of water delivered to each water delivery organization or other water user during the past season or seasons, not exceeding five (5) seasons, shall be used as a basis. If a right has not previously been assessed or if past season delivery records are not available, the watermaster may, by resolution of the water users, estimate the volume of water delivered or reasonably used when water was available under the priority of the right during the past season or seasons. Notwithstanding other provisions of this section, if a water delivery organization or water user diverts water pursuant to a valid water right from a natural waterway that is regulated and assessed by one (1) water district, and that water is then conveyed through and rediverted from a different natural waterway pursuant to section 42-105(1), Idaho Code, that is regulated by a second water district, the second water district may, by resolution of the water users, charge a fee instead of an assessment for the water that is rediverted sufficient to pay the costs and expenses for watermaster services for data collection, water measurement, conveyance of water, and recordkeeping directly attributable to the conveyance of the water that is rediverted. A fee charged pursuant to this subsection is not an assessment. A water delivery organization or a water user that is charged a fee is not eligible to vote at an annual water district meeting as set forth in section 42-605, Idaho Code, unless the water delivery organization or water user holds other water rights that are assessed by the water district and voting is based on those assessed water rights.

(5) Upon the adoption of the budget, the amount payable by each water delivery organization or other water user, as shown by the budget, shall become the debt of each respectively and shall become due and payable as hereinafter provided. Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users may at the annual meeting, by resolution, provide for an annual minimum charge not to exceed two hundred fifty dollars ($250) per water user for watermaster services. The minimum charge is applicable whenever the prorated charge against any water delivery organization or other water user is less than the minimum charge.

(6) At the annual meeting, water users may, by resolution, authorize the water district to charge a fixed fee. The amount of such fee shall be set in the resolution and shall be used exclusively for administrative costs associated with transferring relevant water right documentation to new ownership. The water district shall maintain a record of how such fees were determined.

(7) Other provisions of chapter 6, title 42, Idaho Code, notwithstanding, water users at the annual meeting may provide, by resolution, that the respective amounts owed by each water user as shown in the adopted budget shall constitute a final determination of the amount due for that year without the need to carry forward any water user debits or credits to the following year.

History:

[(42-612) C.S., sec. 5615-A, 1st par., added 1927, ch. 39, sec. 1, p. 51; I.C.A., sec. 41-512; am. 1933, ch. 217, sec. 1, p. 462; am. 1980, ch. 139, sec. 1, p. 305; am. 1992, ch. 339, sec. 13, p. 1024; am. 1998, ch. 179, sec. 1, p. 665; am. 2000, ch. 83, sec. 1, p. 174; am. 2014, ch. 65, sec. 1, p. 168; am. 2015, ch. 82, sec. 2, p. 207; am. 2020, ch. 52, sec. 6, p. 129; am. 2021, ch. 107, sec. 1, p. 348; am. 2026, ch. 110, sec. 1, p. 563.]
Idaho Code § 42-220 — Idaho Code / Title 42 / Chapter 2 / Section 42-220
42-220 EFFECT OF LICENSE.
Status: in_force

42-220. Effect of license. Water right licenses shall be binding upon the state as to the right of such licensee to use the amount of water mentioned therein and shall be prima facie evidence as to such right; and all rights to water confirmed under the provisions of this chapter, or by any decree of court, shall become appurtenant to, and shall pass with a conveyance of, the land for which the right of use is granted. The right to continue the beneficial use of such waters shall never be denied nor prevented for any cause other than the failure, on the part of the user or holder of such right, to pay the ordinary charges or assessments which may be made or levied to cover the expenses for the delivery or distribution of such water, or for other reasons set forth in this title: provided, that when water is used for irrigation, no such license or decree of the court allotting such water shall be issued confirming the right to the use of more than one (1) second foot of water for each fifty (50) acres of land so irrigated, unless it can be shown to the satisfaction of the department of water resources in granting such license, and to the court in making such decree, that a greater amount is necessary, and neither such licensee nor anyone claiming a right under such decree, shall at any time be entitled to the use of more water than can be beneficially applied on the lands for the benefit of which such right may have been confirmed, and the right to the use of such water confirmed by such license shall always be held subject to the local or community customs, rules and regulations which may be adopted from time to time by a majority of the users from a common source of supply, canal or lateral from which such water may be taken, when such rules or regulations have for their object the economical use of such water.

History:

[42-220, added 1903, sec. 9, p. 223; 1905, ch. 166, sec. 1, p. 174; reen. R.C. & C.L., sec. 3262; C.S., sec. 5580: I.C.A., sec. 41-214; am. 2020, ch. 164, sec. 5, p. 483.]
Idaho Code § 42-4009 — Idaho Code / Title 42 / Chapter 40 / Section 42-4009
42-4009 WELL ABANDONMENT — REPORT — ACTION BY DIRECTOR.
Status: in_force

42-4009. Well abandonment — Report — Action by director. (a) Within five (5) days after the completion of the abandonment of any well or injection well, the owner or operator of the abandoned well or injection well shall report, in writing to the director on such form as may be prescribed by the director, on all work done with respect to the abandonment.

(b) If the director finds that the abandonment failed to comply with the director's approval order or is otherwise not in compliance with this act or any regulation or order adopted or issued pursuant hereto, the director may issue an order disapproving such abandonment and/or requiring the person who abandoned the well or injection well to comply with the provisions of this act and any valid order or regulation adopted pursuant hereto or to do anything necessary to avoid waste and to protect life, property, and the natural resources of this state. Any owner or operator who receives a disapproval order under this section is a person who has commenced to abandon a well or injection well without approval, for purposes of any civil or criminal relief available under this act.

History:

[42-4009, added 1972, ch. 301, sec. 10, p. 749; am. 1974, ch. 20, sec. 57, p. 533.]
Idaho Code § 42-3910 — Idaho Code / Title 42 / Chapter 39 / Section 42-3910
42-3910 CANCELLATION OF PERMIT — NOTICE — HEARING — REVIEW.
Status: in_force

42-3910. Cancellation of permit — Notice — Hearing — Review. When the director of the department of water resources has reason to believe the operation and use of an injection well, for which a permit has been issued in accordance with this chapter, is interfering with the right of the public to withdraw water for beneficial uses, or is causing unreasonable contamination or deterioration of the quality of the ground water below the adopted water quality standards of the board of environmental quality, he may cancel such permit. Prior to the cancellation of such permit there shall be a hearing before the water resource board for the purpose of determining whether or not the permit should be cancelled. At such hearing the director of the department of water resources shall be the complaining party. For purposes of such hearing, the board shall have power to administer oaths, examine witnesses and issue subpoenas requiring testimony of witnesses and production of evidence relevant to any matter in the hearing. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and the board shall provide the owner or operator whose permit is proposed to be cancelled with reasonable notice and the opportunity to be heard in accordance with chapter 52, title 67, Idaho Code. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director's decision, and make its decision in the form of an order to the director. Review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.

History:

[42-3910, added 1971, ch. 301, sec. 10, p. 1235; am. 1974, ch. 20, sec. 45, p. 533; am. 1984, ch. 155, sec. 11, p. 377; am. 2001, ch. 103, sec. 85, p. 327.]
Idaho Code § 42-2806 — Idaho Code / Title 42 / Chapter 28 / Section 42-2806
42-2806 CONTRACTS — PROCEDURE FOR MAKING SIMILAR TO THAT IN IRRIGATION DISTRICTS — EXCEPTION — APPROVAL OF DIRECTOR.
Status: in_force

42-2806. Contracts — Procedure for making similar to that in irrigation districts — Exception — Approval of director. In making contracts for the construction or purchase of irrigation or drainage works or the right to the use of works constructed or to be constructed, the county commissioners shall proceed in similar manner as provided by law for the making of similar contracts by irrigation districts, but no election shall be required to authorize any such contract: provided, however, that the aggregate of all contracts entered into for the purchase or construction of works on any project under the provisions of this chapter shall provide for the ultimate completion of the project in accordance with the approved plans referred to herein at a total cost not exceeding the total sum of money derived from the sale of bonds issued for such project, and the contractor or contractors (except in cases where the United States government is the contractor) shall give the bond required by section 45-502.

The plans and specifications and all contracts for construction work contracted for by boards of county commissioners under this chapter shall first be approved by the director of the department of water resources, and any construction contract entered into by such boards shall by its terms provide that such construction work shall be completed in accordance with such plans and specifications to the approval of the director of the department of water resources except in the case of contracts with the United States government. It shall be the duty of the director of the department of water resources, upon the completion of the work under any contract entered into under the provisions of this chapter to issue a certificate of such completion to the board or boards of county commissioners.

History:

[(42-2806) 1921, ch. 222, sec. 6, p. 492; I.C.A., sec. 41-2406.]
Idaho Code § 42-2916 — Idaho Code / Title 42 / Chapter 29 / Section 42-2916
42-2916 DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY.
Status: in_force

42-2916. Duties of engineers and surveyors — Preliminary survey. For the purpose of compiling the data to be presented to the court as set forth in the preceding sections, the board of commissioners of said drainage district may employ one or more competent engineers, surveyors and other helpers, and such legal assistance as may be necessary, with full power to bind said district for the compensation of such assistants or employees employed: provided, however, that all maps, profiles, surveys, plans, specifications or other data heretofore made or property acquired under laws heretofore enacted on the subject may be purchased and used under the provisions of this chapter.

History:

[(42-2916) 1913, ch. 16, part of sec. 10, p. 58; compiled and reen. C.L. 168:14; C.S., sec. 4507; I.C.A., sec. 41-2516.]
Idaho Code § 42-5252 — Idaho Code / Title 42 / Chapter 52 / Section 42-5252
42-5252 CONTENTS OF PETITION — REPRESENTATIONS, CERTIFICATION AND LIABILITY — WAIVER OF BENEFITS UPON EXCLUSION.
Status: in_force

42-5252. Contents of petition — Representations, certification and liability — Waiver of benefits upon exclusion. (1) A petition for exclusion shall set forth or include the following:

(a) A description of the land and/or facilities of petitioner for which exclusion is requested, together with such evidence of ownership of the land and/or facilities as is satisfactory to the district board;

(b) A representation that no mortgagee or other person holds a lien of record in the county where the land for which exclusion is requested is located, for which the lienholder's consent to the exclusion is required or that, if such consent is required, the consent has been granted by the lienholder;

(c) If the member seeks exclusion for all purposes, an explicit written waiver and relinquishment, on a form provided by the board or otherwise, of all right to rely upon or be covered by any program, plan, activity or benefits of any kind provided by or through the district;

(d) If the member seeks to be excluded from the district for all purposes except mitigation, an explicit written waiver and relinquishment stating that the member recognizes and agrees that:

(i) The member no longer will be entitled to vote or participate in the governance of the district, to nominate directors, or to serve as a director of the district except as specified in this chapter;

(ii) The member will remain subject to all assessments pertaining to the district's mitigation program(s) or plans;

(iii) The member will be entitled to receive no benefits of any kind from the district except those pertaining to mitigation purposes.

(e) Regardless of whether the exclusion will be for all purposes or for all except mitigation purposes, an explicit written statement, on a form provided by the board or otherwise, that the member recognizes and agrees that he will remain liable to the district, and subject to assessment, for any financial indebtedness the member may have to the district for indebtedness incurred before exclusion occurs.

(2) The district board shall return to the petitioner any petition not accompanied by the information required in subsection (1) of this section, and no further action shall be required of the board with respect to such petition. The petitioner shall be liable for any expenses or damages to lienholders or to other landowners or to the district resulting directly or indirectly from wrongful exclusion of lands by reason of untrue or incorrect statements in the petition.

(3) The petition for exclusion shall be signed by the member and be acknowledged in front of a notary public in the same manner as for deeds of land.

History:

[42-5252, added 1995, ch. 290, sec. 1, p. 1004.]
Idaho Code § 42-1415 — Idaho Code / Title 42 / Chapter 14 / Section 42-1415
42-1415 ENFORCEMENT OF FILING FEES.
Status: in_force

42-1415. Enforcement of filing fees. After filing of the director's report in a general adjudication, the director may prohibit in accordance with chapter 3, title 42, Idaho Code, the diversion and use of water in satisfaction of a right claimed or decreed in the adjudication upon the failure of the claimant to comply with the schedule for payment of variable fees as set forth in subsection (1) of section 42-1414, Idaho Code.

History:

[42-1415, added 1986, ch. 220, sec. 16, p. 578; am. 1994, ch. 454, sec. 23, p. 1470.]
Idaho Code § 42-351 — Idaho Code / Title 42 / Chapter 3 / Section 42-351
42-351 ILLEGAL DIVERSION OR USE OF WATER — ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Status: in_force

42-351. Illegal diversion or use of water — Enforcement procedure — Injunctive relief. (1) It is unlawful for any person to divert or use water:

(a) From a natural watercourse or from a ground water source without having obtained a valid water right to do so;

(b) Not in conformance with a valid water right; or

(c) In substantial violation of any provision of this title, or any rule, permit, condition of approval, or order issued or promulgated pursuant to this title that is related to the diversion or use of water.

(2) Upon investigation of available information, the director of the department of water resources shall have the discretion to:

(a) Issue a written notice of violation to the person in accordance with the provisions of section 42-1701B, Idaho Code, for the illegal diversion or use of water; or

(b) Proceed with enforcement actions pursuant to section 42-1701C, Idaho Code, in cases of diversions for domestic purposes or uses as defined in section 42-111, Idaho Code; and

(3) Notwithstanding the provisions of subsection (2) of this section, the director may also file an action seeking injunctive relief directing the person to cease and desist the activity or activities alleged to be in violation of applicable law or any existing water right.

History:

[42-351, added 1986, ch. 313, sec. 8, p. 774; am. 1988, ch. 83, sec. 3, p. 145; am. 1994, ch. 450, sec. 5, p. 1438; am. 1998, ch. 173, sec. 4, p. 602; am. 2003, ch. 165, sec. 1, p. 467; am. 2025, ch. 129, sec. 3, p. 665.]
Idaho Code § 42-5226 — Idaho Code / Title 42 / Chapter 52 / Section 42-5226
42-5226 INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES.
Status: in_force

42-5226. Intersections with streets, railroads, watercourses. The board of directors shall have power to construct the works necessary to implement an approved mitigation plan across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the works may intersect or cross, in such manner as to comply with the requirements of the stream channel alteration act, chapter 38, title 42, Idaho Code, and to afford security for life and property, provided that the board shall restore the same when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed pursuant to this section, shall unite with the board in forming the intersections and crossings and grant the privileges aforesaid; and if such railroad company and the board, or the owners and controllers of the property, thing or franchise to be crossed, cannot agree upon the amount to be paid therefor, or upon the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking of land.

History:

[42-5226, added 1995, ch. 290, sec. 1, p. 995.]
Idaho Code § 42-3901 — Idaho Code / Title 42 / Chapter 39 / Section 42-3901
42-3901 GROUND WATER AS PUBLIC RESOURCE — PROTECTION.
Status: in_force

42-3901. Ground water as public resource — Protection. The legislature of the state of Idaho hereby declares the ground water of this state to be a public resource which must be protected against unreasonable contamination or deterioration of quality to preserve such waters for diversion to beneficial uses; that in order to protect such waters against contamination or deterioration in quality it is necessary that the construction and use of injection wells be controlled as provided in this chapter.

History:

[42-3901, added 1971, ch. 301, sec. 1, p. 1235; am. 1984, ch. 155, sec. 1, p. 372.]
Idaho Code § 42-2904 — Idaho Code / Title 42 / Chapter 29 / Section 42-2904
42-2904 MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT.
Status: in_force

42-2904. Municipality may act as drainage district. Any village or city already incorporated, or which may hereafter be incorporated, may exercise the functions of a drainage district under the provisions of this chapter, or the whole or any portion of any such village or city may be included with other territory in a common district under the provisions for the establishment thereof as provided for herein.

History:

[(42-2904) 1913, ch. 16, sec. 34, p. 58; compiled and reen. C.L. 168:2; C.S., sec. 4494; I.C.A., sec. 41-2504.]
Idaho Code § 42-237e — Idaho Code / Title 42 / Chapter 2 / Section 42-237e
42-237e APPEALS FROM ACTIONS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Status: in_force

42-237e. Appeals from actions of the director of the department of water resources. Any person dissatisfied with any decision, determination, order or action of the director of the department of water resources made pursuant to this act may, if a hearing on the matter already has been held, seek judicial review pursuant to section 42-1701A(4), Idaho Code. If a hearing has not been held, any person aggrieved by the action of the director or watermaster may contest such action pursuant to section 42-1701A(3), Idaho Code.

History:

[42-237e, 1951, ch. 200, sec. 19, as added by 1953, ch. 182, sec. 8, p. 277; am. 1980, ch. 238, sec. 8, p. 537; am. 2021, ch. 36, sec. 1, p. 89.]
Idaho Code § 42-4202 — Idaho Code / Title 42 / Chapter 42 / Section 42-4202
42-4202 AQUIFER RECHARGE DISTRICT — FORMATION.
Status: in_force

42-4202. Aquifer recharge district — Formation. For purposes of formation of the aquifer recharge district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by the district. The petition shall be accompanied by a map of the proposed district which shall indicate the proposed boundaries of the district, the nature and location of the proposed diversion works and other facilities by means of which water is to be diverted into the recharge area, shall delineate the underground water basin or basins to be affected by the recharge, and shall designate the location of any streams or springs which shall be affected by the recharge. The petition and map shall be accompanied by a statement describing the details of the contemplated diversion works and facilities and an estimate of the cost of constructing such works and facilities, which statement and estimates shall be certified to by an engineer licensed by the state of Idaho.

The petition shall be signed by no less than fifty (50) percent of the water users located within the proposed boundaries of the district. For purposes of this act, "water users" shall include the following:

(1) Individuals, or entities, exclusive of privately owned electrical generating companies, who are the holders of title or evidence of title to property, but without the boundaries of a municipality, who are the current holders of a right, acquired in accordance with the provisions of chapter 2, title 42, Idaho Code, to appropriate water in an amount equal to or in excess of one (1) cubic foot per second, and who divert water from underground basins within the area of recharge by means of a well or wells, or who divert water from springs or other water courses emerging from such underground basins, or both.

(2) Municipalities which obtain water from underground basins in the area of recharge. A municipality may elect to be included within the proposed district by a majority vote of the members of its city council. The mayor of any municipality so electing may sign the petition on behalf of the municipality, and such municipality shall constitute one water user for purposes of securing the minimum number of signatures required for the petition.

History:

[42-4202, added 1978, ch. 293, sec. 1, p. 727; am. 1979, ch. 8, sec. 1, p. 10; am. 1982, ch. 204, sec. 2, p. 539.]
Idaho Code § 42-2012 — Idaho Code / Title 42 / Chapter 20 / Section 42-2012
42-2012 STATE NOT TO BE RESPONSIBLE FOR WORK.
Status: in_force

42-2012. State not to be responsible for work. Nothing in this chapter shall be construed as authorizing the director to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

History:

[(42-2012) 1895, p. 215, ch. 2, sec. 15; reen. 1899, p. 282, ch. 2, sec. 15; reen. R.C. & C.L., sec. 1624; C.S., sec. 3007; I.C.A., sec. 41-1712; am. 1974, ch. 164, sec. 3, p. 1397.]
Idaho Code § 42-2905 — Idaho Code / Title 42 / Chapter 29 / Section 42-2905
42-2905 PETITION FOR ORGANIZATION.
Status: in_force

42-2905. Petition for organization. For the purpose of the formation of such drainage district a petition shall be presented to the clerk of the district court of the county in which a greater portion of the lands of said proposed district are located, which petition shall set forth the object of the organization of said district, shall designate temporary boundaries thereof and shall set forth approximately the number of acres of land therein, and shall contain a description of the proposed system of drainage or diking or both, designating the point or points, if any there may be, which shall be the outlet or outlets for the drainage of said district, the general route over which the main ditch or ditches are to be constructed, together with the proposed spurs or branches, and the general location of the dikes or levees, if any there may be, and set forth the further fact that the establishment of said district and the proposed system of drainage will be conducive to the public health, convenience and welfare, or increase the public revenue, or that the establishment of said district and the said system of drainage and reclamation is a proper and advantageous method of accomplishing the relief sought. Said petition shall be signed by such number as own at least one-third of the acreage in the proposed district, and shall pray that the same be organized under the provisions of this chapter. Community property may be represented by either the husband or the record owner.

History:

[(42-2905) 1913, ch. 16, part of sec. 2, p. 58; reen. C.L. 168:3; am. 1919, ch. 183, sec. 1, p. 558; C.S., sec. 4495; am. 1927, ch. 36, sec. 1, p. 48; I.C.A., sec. 41-2505.]
Idaho Code § 42-1506 — Idaho Code / Title 42 / Chapter 15 / Section 42-1506
42-1506 LEMHI RIVER — MINIMUM STREAM FLOW APPROPRIATION.
Status: in_force

42-1506. Lemhi river — Minimum stream flow appropriation. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemhi river in accordance with the provisions of this section. The minimum stream flow appropriation in the designated reach shall be in the amount of thirty-five (35) cfs from January 1 through December 31, provided that fifteen (15) cfs of the appropriation shall be subordinated to all diversions, including high waters or flood waters, authorized under the Lemhi river basin decree (Lemhi County Case No. 4948). The designated reach begins at water diversion L-6 located on the Lemhi river in the southeast quarter (1/4) of section twenty-four (24), township twenty-one (21) north, range twenty-two (22) east of the Boise meridian, and ends at the confluence of the Lemhi river with the Salmon river near the southwest corner of section thirty-two (32), township twenty-two (22) north, range twenty-two (22) east of the Boise meridian, Lemhi county.

(2) The water resource board shall appropriate the minimum stream flow water right authorized under this section in accordance with the provisions of section 42-1503, Idaho Code. In acting upon the application for permit, the director of the department of water resources need not determine that the appropriation is capable of being maintained based upon records of existing stream flows because it is anticipated that the water right will be maintained through operation of the water supply bank within the Lemhi river basin consistent with the provisions of section 42-1765A, Idaho Code.

(3) Upon the board's filing of an application for permit to appropriate water as directed by this section, the director of the department of water resources is authorized and directed, on an interim basis pending final action on the application for permit, to distribute water under the filing in accordance with the doctrine of prior appropriation using a priority date as of the filing of the application for permit.

History:

[42-1506, added 2001, ch. 373, sec. 1, p. 1309.]
Idaho Code § 42-2402 — Idaho Code / Title 42 / Chapter 24 / Section 42-2402
42-2402 PURPOSES OF ORGANIZATION DETERMINED FROM CHARTER.
Status: in_force

42-2402. Purposes of organization determined from charter. The purposes for which said corporation has been organized shall be determined from the articles of incorporation of any such corporation.

History:

[(42-2402) 1923, ch. 133, sec. 2, p. 194; I.C.A., sec. 41-2002.]
Idaho Code § 42-5234 — Idaho Code / Title 42 / Chapter 52 / Section 42-5234
42-5234 ELECTION FOR INDEBTEDNESS — REFERENDUM PETITION.
Status: in_force

42-5234. Election for indebtedness — Referendum petition. (1) The board may by resolution adopted by a two-thirds (2/3) majority of the board, determine that the interest of the district and the public interest and necessity demand the development and operation of a mitigation plan and shall set forth the amount of obligation or contract indebtedness proposed to be issued by the district under the provisions of this chapter for the development of such mitigation plan. If any obligation or contract indebtedness has a repayment term exceeding one (1) year, the board shall submit the obligation or contract indebtedness in the proposed resolution to a vote of the qualified electors of the district as defined in section 42-5210, Idaho Code, at an election to be held only if within fifteen (15) days after the passage of such resolution a referendum petition signed by qualified electors of the district whose aggregate ground water rights equal not less than ten percent (10%), measured in cubic feet per second or acres irrigated, of the aggregate ground water rights of all qualified electors of the district, shall be filed with the secretary of the district requesting that an election upon the issuance of the contract indebtedness be held and conducted under the provisions of this section. Any election required to be held pursuant to a referendum petition filed in accordance with this section for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness shall be held in accordance with section 34-106, Idaho Code. The resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the mitigation plan, the amount of principal of the indebtedness to be incurred therefor, and the sources of the revenues and assessments pledged to the payment of the indebtedness. The separate election upon the assessments, shall be held at the same time as and shall be combined with any such election required to be held upon the indebtedness question pursuant to a referendum petition.

(2) Any election for indebtedness required to be held hereunder shall be called by resolution, which resolution shall also fix the date upon which such election shall be held, the manner of holding the same and the method of voting for or against the incurring of the indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three (3) judges, one (1) of whom shall act as clerk, who shall constitute a board of election for each polling place. The description of precincts may be made by reference to any order or orders of the county commission of the county or counties in which the district or any part thereof is situated, or by reference to any previous order, or resolution of the board or by detailed description of such precincts. Precincts established by the county commissions of the various counties may be consolidated for special elections held hereunder. In the event any such election shall be called to be held concurrently with any other election or shall be consolidated therewith, the resolution calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom. The resolution calling the election shall prescribe an official notice of election, which notice shall be published once a week for two (2) consecutive weeks, the last publication of which shall be at least ten (10) days prior to the date set for said election, in a newspaper of general circulation printed and published within the district, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.

(3) The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of district elections to the extent the same shall apply and shall make their returns to the district secretary. At any regular or special meeting of the board held not earlier than five (5) days following the date of such election, the returns shall be canvassed and the results declared.

(4) If no referendum petition is filed, or if so filed, if it shall appear from the returns that the qualified electors of the district representing two-thirds (2/3) of the aggregate ground water rights of the district, such fraction computed according to cubic feet per second, have voted in favor of the proposition, the district thereupon shall be authorized to incur such indebtedness or obligations, or enter into such contracts, all for the purposes provided for in the proposition submitted in the resolution, and in the amount so provided. Submission of the proposition of incurring such obligation or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

History:

[42-5234, added 1995, ch. 290, sec. 1, p. 998; am. 2016, ch. 112, sec. 3, p. 319; am. 2016, ch. 113, sec. 2, p. 322.]
Idaho Code § 42-5270 — Idaho Code / Title 42 / Chapter 52 / Section 42-5270
42-5270 DISSOLUTION WITHOUT ELECTION — PARTIES.
Status: in_force

42-5270. Dissolution without election — Parties. In such petition the petitioners or complainants shall be named as plaintiffs and the ground water district, and its directors, if any there are, and all persons having interest in or claim against the district, without naming them, shall be defendants. In the course of the proceedings of said case, and at any time before the final hearing thereof, any person interested may join in said case as a party plaintiff or as a party defendant, or any party interested may intervene in said case without order of the court.

History:

[42-5270, added 1995, ch. 290, sec. 1, p. 1010.]
Idaho Code § 42-1737 — Idaho Code / Title 42 / Chapter 17 / Section 42-1737
42-1737 BOARD APPROVAL — CRITERIA — HEARINGS — APPEALS — DEFINING A MISDEMEANOR — INJUNCTIONS.
Status: in_force

42-1737. Board approval — Criteria — Hearings — Appeals — Defining a misdemeanor — Injunctions. (a) All project proposals involving the impoundment of water in a reservoir with an active storage capacity in excess of ten thousand (10,000) acre-feet, or the diversion of natural flow water appropriated pursuant to section 42-234, Idaho Code, for a managed recharge project in excess of ten thousand (10,000) acre-feet on an average annual basis, shall be submitted to the board for its approval or disapproval. No construction shall be commenced on any such project nor shall any diversion be permitted prior to receipt of board approval as herein provided and the board may institute injunctive proceedings to halt such construction or diversion. In the event a project is disapproved, this fact shall be certified by the board to the director of the department and such certification shall constitute the petition for cancelation of permit required by section 42-302, Idaho Code, and, pursuant to such certification, the procedure for cancelation of permit issued for such project shall be carried forward by said director.

(b) In determining whether a project proposal shall be approved, or disapproved, the board shall be guided by the following criteria:

1. Conserving the highest use of the water for all purposes.

2. The maximum economic development of the waters involved.

3. The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.

4. That sufficient water is available for appropriation for beneficial use.

5. The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

6. That all vested and inchoate rights to the waters of this state or to the use thereof have been protected by the issuance of a permit for the project by the director of the department.

7. The state water plan and water policy formulated under other laws of this state.

(c) The board shall by regulation, establish procedures for notice and hearing on those project proposals which must be submitted to the board and may authorize hearings by hearing officers. The board or its hearing officer shall have power to administer oaths and to require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing and for that purpose the board may issue a subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records or papers which shall be served and returned in the same manner as a subpoena in a civil case. In case of any disobedience or neglect to obey a subpoena or subpoena duces tecum it shall be the duty of the district court in any county of this state in which such disobedience, neglect or refusal occurs, or any judge thereof, on application by the board, to compel obedience by proceedings for contempt as in the case of a subpoena issued by a regularly constituted court. The sponsor of a project who appears before the board shall have similar powers and shall have the right to be represented by counsel. If the sponsor does not appear at the appointed time, and his absence is without sufficient cause, the board shall have the right to proceed in his absence or may consider absence to constitute an admission of facts contrary to the position of the sponsor. The board shall make findings of fact and conclusions of law leading to its approval or disapproval.

(d) Any sponsor of a project which has been disapproved shall have the right to have the proceedings of the board reviewed by the district court in the county of his residence. With the exception that judicial review may be had by the district court of the county of the residence of the sponsor, such judicial review shall be accomplished in accordance with the provisions of chapter 52, title 67, Idaho Code.

History:

[42-1737, added 1965, ch. 320, sec. 7, p. 901; am. 1969, ch. 469, sec. 3, p. 1346; am. 1974, ch. 20, sec. 26, p. 533; am. 1980, ch. 238, sec. 17, p. 548; am. 1993, ch. 216, sec. 38, p. 621; am. 2009, ch. 240, sec. 1, p. 740.]
Idaho Code § 42-217 — Idaho Code / Title 42 / Chapter 2 / Section 42-217
42-217 PROOF OF APPLICATION TO BENEFICIAL USE.
Status: in_force

42-217. Proof of application to beneficial use. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit holder shall submit a statement on a form furnished by the department of water resources that the permit holder has used such water for the beneficial purpose allowed by the permit. The statement shall include:

(a) The name and post office address of the permit holder;

(b) The permit number;

(c) A description of the extent of the use;

(d) In the case of a municipal provider, a description of the current service area;

(e) The source of the water used; and

(f) Such other information as shall be required by the department's form.

(2) Such written statement shall include fees as provided in subsection K. of section 42-221, Idaho Code, or a field examination report prepared by a certified water right examiner. For permits held by a municipal provider for reasonably anticipated future needs, such statements shall be provided in accordance with section 42-204(4), Idaho Code.

(3) Upon receipt of such written statement and the fee as required in section 42-221, Idaho Code, the department shall examine, or cause to be examined:

(a) The place where such water is diverted and used and, if the use is for irrigation, the area and location of the land irrigated and the nature of all the improvements which have been made as a direct result of such use.

(b) The capacities of the ditches or canals or other means by which such water is conducted to such place of use and the quantity of water that has been beneficially applied for irrigation or other purposes.

(4) The department or the person making such examination under the direction of the department shall prepare and file a report of the investigation: provided, that whenever an irrigation project is developed in the name of an association, company, corporation, irrigation district or the United States as provided in section 42-219, Idaho Code, proof of beneficial use shall be made by the permit holder. The lands upon which the water has been used need not be described by legal subdivisions, but may be described as provided in section 42-219, Idaho Code, and it shall only be necessary to show in such cases that the quantity of water beneficially applied for irrigation has been applied within the limits of the project.

History:

[42-217, added 1903, sec. 7, p. 223; reen. R.C., sec. 3260; am. 1913, ch. 36, sec. 1, p. 134; am. 1915, ch. 94, sec. 1, p. 216; reen. C.L., sec. 3260; C.S., sec. 5577; I.C.A., sec. 41-211; am. 1967, ch. 374, sec. 8, p. 1079; am. 1979, ch. 138, sec. 1, p. 434; am. 1986, ch. 242, sec. 1, p. 658; am. 1996, ch. 297, sec. 3, p. 971; am. 1998, ch. 332, sec. 1, p. 1066; am. 2020, ch. 164, sec. 2, p. 480.]
Idaho Code § 42-217a — Idaho Code / Title 42 / Chapter 2 / Section 42-217a
42-217a CERTIFIED WATER RIGHT EXAMINER.
Status: in_force

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

An initial application fee of two hundred dollars ($200) shall be paid by those applying for certification with an annual renewal fee of fifty dollars ($50.00). All certificates of appointment shall expire on March 31 of each year and thereafter are void unless renewed. The fees collected shall be transmitted to the state treasurer for deposit in the water administration account.

Employees of the department shall be exempt from the requirements of this section.

History:

[42-217a, added 1987, ch. 97, sec. 1, p. 192.]
Idaho Code § 42-3401 — Idaho Code / Title 42 / Chapter 34 / Section 42-3401
42-3401 SNAKE RIVER COMPACT RATIFIED.
Status: in_force

42-3401. Snake River Compact ratified. Ratification and approval is hereby given to the Snake River Compact as signed at the city of Cheyenne in the state of Wyoming on the 10th day of October, 1949, by the commissioners of the state of Idaho, acting pursuant to authority granted by sections 42-3313—42-3318, and the commissioners representing the state of Wyoming and approved by the representative of the United States, which compact is in full as follows:

SNAKE RIVER COMPACT

The states of Idaho and Wyoming, parties signatory to this compact, have resolved to conclude a compact as authorized by the Act of June 3, 1948 (62 Stat. 294), and after negotiations participated in by the following named state commissioners:

FOR IDAHO

Mark R. Kulp, Boise

N. V. Sharp, Filer

Charles H. Welteroth, Jerome

Roy Marquess, Paul

Ival V. Goslin, Aberdeen

R. Willis Walker, Rexburg

Alex O. Coleman, St. Anthony

Leonard E. Graham, Rigby

Charles E. Anderson, Idaho Falls

A. K. Van Orden, Blackfoot

FOR WYOMING

L. C. Bishop, Cheyenne

E. B. Hitchcock, Rock Springs

J. G. Imeson, Jackson

David P. Miller, Rock Springs

Carl Robinson, Afton

Ciril D. Cranney, Afton

Clifford P. Hansen, Jackson

Clifford S. Wilson, Driggs, Idaho

Lloyd Van Deburg, Jackson

and by R. J. Newell, representative of the United States of America, have agreed upon the following articles, to wit:

ARTICLE I

A. The major purposes of this compact are to provide for the most efficient use of the waters of the Snake River for multiple purposes; to provide for equitable division of such waters; to remove causes of present and future controversies; to promote interstate comity; to recognize that the most efficient utilization of such waters is required for the development of the drainage area of the Snake River and its tributaries in Wyoming and Idaho; and to promote joint action by the states and the United States in the development and use of such waters and the control of floods.

B. Either state using, claiming or in any manner asserting any right to the use of the waters of the Snake River under the authority of either state shall be subject to the terms of this compact.

ARTICLE II

As used in this compact:

A. The term "Snake River" as distinguished from terms such as "Snake River and its tributaries" shall mean the Snake River from its headwaters to the Wyoming-Idaho boundary and all tributaries flowing into it within the boundaries of Wyoming, and the Salt River and all its tributaries.

B. The terms "Idaho" and "Wyoming" shall mean, respectively, the state of Idaho and the state of Wyoming, and, except as otherwise expressly provided, either of those terms or the term "state" or "states" used in relation to any right or obligation created or recognized by this compact shall include any person or entity of any nature whatsoever, including the United States.

C. The term "domestic use" shall mean the use of water by an individual, or by a family unit or household for drinking, cooking, laundering, sanitation and other personal comforts and necessities; and for the irrigation of a family garden or orchard not exceeding one-half acre in area.

D. The term "stock water use" shall mean the use of water for livestock and poultry.

E. The term "established Wyoming rights" shall mean Snake River water rights that have been validly established of record in Wyoming prior to July 1, 1949, for use in Wyoming.

ARTICLE III

A. The waters of the Snake River, exclusive of established Wyoming rights and other uses coming within the provisions of C of this article III, are hereby allocated to each state for storage or direct diversion as follows:

To Idaho…………………………. 96 per cent

To Wyoming……………………….. 4 per cent

subject to the following stipulations and conditions as to the four per cent allocated to Wyoming:

1. One half may be used in Wyoming by direct diversion or by storage and subsequent diversion without provision being made for replacement storage space.

2. The other one half may be diverted for direct use or stored for later diversion and use on the condition that there shall have been provided for reimbursement of Idaho users replacement storage space to the extent of one third of the maximum annual diversion in acre-feet but not in excess, however, of one third of half the total hereby allocated to Wyoming. Until this total replacement storage space has been made available, provision for meeting its proportionate part of this total shall be a prerequisite to the right to use water in Wyoming for any irrigation project authorized after June 30, 1949, for construction by any Federal agency.

B. The amount of water subject to allocation as provided in A of this article III shall be determined on an annual water-year basis measured from October 1 of any year through September 30 of the succeeding year. The quantity of water to which the percentage factors in A of this article III shall be applied through a given date in any water year shall be, in acre-feet, equal to the algebraic sum of:

1. The quantity of water, in acre-feet, that has passed the Wyoming state line in the Snake River to the given date, determined on the basis of gaging stations to be established at such points as are agreed on under the provisions of B of article VI.

2. The change during that water year to the given date in quantity of water, in acre-feet, in any existing or future reservoirs in Wyoming which water is for use in Idaho.

3. The quantity of water, in acre-feet, stored in that water year and in storage on the given date for later diversion and use in Wyoming, under rights having a priority later than June 30, 1949.

4. One-third of the quantity of water, in acre-feet, excluding any storage water held over from prior years, diverted, under rights having a priority later than June 30, 1949, in that water year to the given date:

(a) from the Snake River for use that year on lands in Wyoming, and

(b) from tributaries of the Salt River for use that year on lands in Idaho.

C. There are hereby excluded from the allocation made by this compact:

1. existing and future domestic and stock-water uses of water; provided, that the capacity of any reservoir for stock-water shall not exceed 20 acre-feet;

2. established Wyoming rights; and

3. all water rights for use in Idaho on any tributary of the Salt River heading in Idaho which were validly established under the laws of Idaho prior to July 1, 1949;

and all such uses and rights are hereby recognized.

ARTICLE IV

No water of the Snake River shall be diverted in Wyoming for use outside the drainage area of the Snake River except with the approval of Idaho; and no water of any tributary of the Salt River heading in Idaho shall be diverted in Idaho for use outside the drainage area of said tributary except with the approval of Wyoming.

ARTICLE V

Subject to the provisions of this compact, waters of the Snake River may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use of such waters for domestic, stock and irrigation purposes, and shall not interfere with or prevent their use for such preferred purposes. Water impounded or diverted in Wyoming exclusively for the generation of electrical power shall not be charged to the allocation set forth in article III of this compact.

ARTICLE VI

A. It shall be the duty of the two states to administer this compact through the official in each state who is now or may hereafter be charged with the administration of the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.

B. The states shall in conjunction with other responsible agencies cause to be established, maintained and operated such suitable water gaging stations as they find necessary to administer this compact. The United States Geological Survey, or whatever Federal agency may succeed to the functions and duties of that agency, so far as this compact is concerned, shall collaborate with officials of the states charged with the administration of this compact in the execution of the duty of such officials in the collection, correlation and publication of information necessary for its proper administration.

C. In the case of failure of the administrative officials of the two states to agree on any matter necessary to the administration of this compact, the director of the United States Geological Survey, or whatever official succeeds to his duties, shall be asked to appoint a Federal representative to participate as to the matters in disagreement, and points of disagreement shall be decided by majority vote.

ARTICLE VII

A. Either state shall have the right to file applications for and receive permits to construct or participate in the construction and use of any dam, storage reservoir or diversion works in the other state for the purpose of conserving and regulating its allocated water and to perfect rights thereto. Either state exercising this right shall comply with the laws of the other state except as to any general requirement for legislative approval that may be applicable to the granting of rights by one state for the diversion or storage of water for use outside of that state.

B. Each claim or right hereafter initiated for storage or diversion of water in one state for use in the other state shall be filed in the office of the proper official of the state in which the water is to be stored or diverted, and a duplicate copy of the application, including a map showing the character and location of the proposed facilities and the lands to be irrigated, shall be filed in the office of the proper official of the state in which the water is to be used. If a portion or all the lands proposed to be reclaimed are located in a state other than the one in which the water is to be stored or diverted, then, before approval, said application shall be checked against the records of the office of the state in which the water is to be used, and a notation shall be placed thereon by the officer in charge of such records as to whether or not he approves the application. All indorsements shall be placed on both the original and duplicate copies of all such applications and maps filed to the end that the records in both states may be complete and identical.

ARTICLE VIII

A. Neither state shall deny the right of the United States, and subject to the conditions hereinafter contained, neither state shall deny the right of the other state to acquire rights to the use of water, or to construct or participate in the construction and use of diversion works and storage reservoirs with appurtenant works, canals and conduits in one state for the purpose of diverting, conveying, storing or regulating water in one state for use in the other state, when such use is within the allocation to such state made by this compact.

B. Either state shall have the right to acquire such property rights as are necessary to the use of water in conformity with this compact in the other state by donation, purchase or through the exercise of the power of eminent domain. Either state, upon the written request of the governor of the other 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 satisfactory to the requesting state, 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 such entity as may be designated by the requesting state; provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining the requested property shall be paid by the requesting state at the time and in the manner prescribed by the state requested to acquire the property.

C. Should any facility be constructed in either state by and for the benefit of the other state, 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, except that, in the case of a reservoir constructed in either state for the benefit of the other state, the proper officials of the state in which the facility is located shall permit the storage and release of any water to which the other state is entitled under this compact.

D. Either state having property rights in the other state acquired as provided in B of this article VIII shall pay to the political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the ten years preceding the acquisition of such rights in reimbursement for the loss of taxes to said political subdivision of the state, except that this provision shall not be applicable to interests in property rights the legal title to which is in the United States. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made.

ARTICLE IX

The provisions of this compact shall not apply to or interfere with the right or power of either state to regulate within its boundaries the appropriation, use and control of waters allocated to such state by this compact.

ARTICLE X

The failure of either state to use the waters, or any part thereof, the use of which is allocated to it under the terms of this compact, shall not constitute a relinquishment of the right to such use to the other state, nor shall it constitute a forfeiture or abandonment of the right to such use.

ARTICLE XI

In case any reservoir is constructed in one state where the water is to be used principally in the other state, sufficient water not to exceed five cubic feet per second shall be released at all times, if necessary for stockwater use and conservation of fish and wildlife.

ARTICLE XII

The provisions of this compact shall remain in full force and effect unless amended or terminated by action of the legislatures of both states and consented to and approved by the Congress of the United States in the same manner as this compact is required to be ratified and approved to become effective; provided, that in the event of such amendment or termination all rights theretofore established hereunder or recognized hereby shall continue to be recognized as valid by both states notwithstanding such amendment or termination.

ARTICLE XIII

Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.

ARTICLE XIV

A. Nothing in this compact shall be deemed:

1. To affect adversely any rights to the use of the waters of the Snake River, including its tributaries entering downstream from the Wyoming-Idaho state line, owned by or for Indians, Indian tribes and their reservations. The water required to satisfy these rights shall be charged against the allocation made to the state in which the Indians and their lands are located.

2. To impair or affect any rights or powers of the United States, its agencies or instrumentalities, in and to the use of the waters of the Snake River nor its capacity to acquire rights in and to the use of said waters.

3. To apply to any waters within the Yellowstone National Park or Grand Teton National Park.

4. To subject any property of the United States, its agencies or instrumentalities to taxation by either state or subdivisions thereof, nor to create an obligation on the part of the United States, its agents or instrumentalities, by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivisions thereof, state agency, municipality or entity whatsoever in reimbursement for the loss of taxes.

5. To subject any works of the United States used in connection with the control or use of waters which are the subject of this compact to the laws of any state to an extent other than the extent to which these laws would apply without regard to this compact.

B. Notwithstanding the provisions of A of this article, any beneficial uses hereafter made by the United States, or those acting by or under its authority, within either state, of the waters allocated by this compact shall be within the allocations hereinabove made for use in that state and shall be taken into account in determining the extent of use within that state.

ARTICLE XV

This compact shall become operative when approved by legislative enactment by each of the states, and when consented to by the Congress of the United States.

ARTICLE XVI

Wyoming hereby relinquishes the right to the allocation of stored water in Grassy Lake Reservoir, as set forth in Wyoming's reservoir permit No. 4631 Res. and evidenced by certificate No. R-1, page 318, and all claims predicated thereon.

In witness whereof the commissioners have signed this compact in quadruplicate, one of which shall be filed in the archives of the department of state of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the governor of each of the states.

Done at the city of Cheyenne, in the state of Wyoming, this 10th day of October, in the Year of Our Lord, One Thousand Nine Hundred and Forty-nine.

COMMISSIONERS FOR IDAHO COMMISSIONERS FOR WYOMING /s/ Mark R. Kulp /s/ L. C. Bishop Mark R. Kulp L. C. Bishop /s/ N. V. Sharp /s/ E. B. Hitchcock N. V. Sharp E. B. Hitchcock /s/ Charles H. Welteroth /s/ J. G. Imeson Charles H. Welteroth J. G. Imeson /s/ Roy Marquess /s/ David P. Miller Roy Marquess David P. Miller /s/ Ival V. Goslin /s/ Carl Robinson Ival V. Goslin Carl Robinson /s/ R. Willis Walker /s/ Ciril D. Cranney R. Willis Walker Ciril D. Cranney /s/ Alex O. Coleman /s/ Clifford P. Hansen Alex O. Coleman Clifford P. Hansen /s/ Leonard E. Graham /s/ Clifford S. Wilson Leonard E. Graham Clifford S. Wilson /s/ Chas. E. Anderson /s/ Lloyd Van Deburg Charles E. Anderson Lloyd Van Deburg /s/ A. K. Van Orden A. K. Van Orden

I have participated in the negotiation of this compact and intend to report favorably thereon to the Congress of the United States.

History:

[42-3401, added 1950 (E.S.), ch. 2, sec. 1, p. 4.]
Idaho Code § 42-3318 — Idaho Code / Title 42 / Chapter 33 / Section 42-3318
42-3318 TENURE OF OFFICE — REMUNERATION AND EXPENSES — REDUCTION OF NUMBER.
Status: in_force

42-3318. Tenure of office — Remuneration and expenses — Reduction of number. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him; provided, however, that if the state of Wyoming shall appoint but one (1) commissioner to perform such services for said state, then and in that event, the governor of the state of Idaho may, in his discretion, reduce the number of commissioners of the state of Idaho from ten (10) to one (1), who shall exercise all the rights and duties imposed in this act.

History:

[42-3318, added 1949, ch. 11, sec. 6, p. 11.]
Idaho Code § 42-237h — Idaho Code / Title 42 / Chapter 2 / Section 42-237h
42-237h DUTIES OF THE ATTORNEY GENERAL.
Status: in_force

42-237h. Duties of the attorney general. It shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in this chapter and to prosecute actions or proceedings for the enforcement of any criminal provisions of this chapter. The attorney general may delegate the authority and duty under this section to prosecute criminal actions to the prosecuting attorney of the county in which such a criminal action may arise.

History:

[42-237h, added 1987, ch. 347, sec. 7, p. 747.]
Idaho Code § 42-3105 — Idaho Code / Title 42 / Chapter 31 / Section 42-3105
42-3105 PETITION TO ESTABLISH DISTRICT — CONTENTS.
Status: in_force

42-3105. Petition to establish district — Contents. A petition, signed by one-third (1/3) or more of the qualified voters residing within the territory of the proposed district may be filed with the director of the department of water resources asking that a district be organized in the territory described in the petition. Such petition shall set forth:

1. The object of the organization of the district.

2. The temporary boundaries of the proposed district.

3. That the establishment of said district, and the proposed method or system of flood control is a proper and advantageous method of accomplishing the relief sought or the benefits to be secured.

4. That the establishment of said district and the reservoirs, dams, levees, dikes, power plants, plans of irrigation and drainage improving, enlarging, widening, deepening, or straightening existing watercourses or rivers or the removal of natural obstructions therefrom or any other thing to be done will be conducive to the public health and welfare or will increase the public revenue.

History:

[42-3105, added 1971, ch. 300, sec. 5, p. 1219.]
Idaho Code § 42-3212 — Idaho Code / Title 42 / Chapter 32 / Section 42-3212
42-3212 GENERAL POWERS OF BOARD.
Status: in_force

42-3212. General powers of board. For and on behalf of the district the board shall have the following powers:

(a) To have perpetual existence;

(b) To have and use a corporate seal;

(c) To sue and be sued, and be a party to suits, actions and proceedings;

(d) Except as otherwise provided in this chapter, to enter into contracts and agreements, cooperative and otherwise, affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities, and contracts with corporations, public or private, municipalities, or governmental subdivisions, and to cooperate with any one (1) or more of them in building, erecting or constructing works, canals, pipelines, sewage treatment plants, and other facilities within or without the district. Except in cases in which a district will receive aid from a governmental agency, procurement of goods or services shall be in accordance with the provisions of chapter 28, title 67, Idaho Code;

(e) To borrow money and incur indebtedness and evidence the same by certificate, notes or debentures, and to issue bonds, in accordance with the provisions of this chapter;

(f) To acquire, dispose of and encumber real and personal property, water, water rights, water and sewage systems and plants, and any interest therein, including leases and easements within or without said district;

(g) To refund any bonded indebtedness of the district without an election; provided, however, that the obligations of the district shall not be increased by any refund of bonded indebtedness. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds;

(h) To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein or therefor;

(i) To hire and retain agents, employees, engineers and attorneys;

(j) To have and exercise the power of eminent domain in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted, both within and without the district;

(k) To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the state of Idaho, and to construct works and establish and maintain facilities across any stream of water or watercourse, and to maintain access to facilities and works by the removal of snow from roads and lands; provided, however, that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof;

(l) To fix and from time to time to increase or decrease water and sewer rates, tolls or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. The board shall fix rates, tolls and charges and the time or times for the payment thereof. All such rates, tolls and charges not paid within thirty (30) days after the date fixed for the payment thereof shall become delinquent; the board shall certify all such delinquent rates, tolls and charges to the tax collector of the county by the district, not later than the first day of August and shall be, by said tax collector, placed upon the tax roll and collected in the same manner and subject to the same penalties as other district taxes; provided, however, that special assessments certified to the tax collector which are placed on property qualifying for a hardship exemption may be returned to the taxing district from which they originated if the special assessments are not paid within three (3) years. The date of priority of such lien shall be the date upon which such charge becomes delinquent. The board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls or charges, or in the payment of taxes levied pursuant to this chapter, and prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district. For health and sanitary purposes the board shall have the power to compel the owners of inhabited property within a sewer district to connect their property with the sewer system of such district, and upon a failure so to connect within sixty (60) days after written notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection, provided, however, that no owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within two hundred (200) feet of his dwelling place;

(m) To adopt and amend bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district;

(n) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.

History:

[42-3212, added 1947, ch. 152, sec. 12, p. 364; am. 1961, ch. 135, sec. 1, p. 195; am. 1980, ch. 13, sec. 1, p. 26; am. 1991, ch. 41, sec. 1, p. 80; am. 2003, ch. 272, sec. 1, p. 726; am. 2005, ch. 213, sec. 11, p. 646.]
Idaho Code § 42-5243 — Idaho Code / Title 42 / Chapter 52 / Section 42-5243
42-5243 REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Status: in_force

42-5243. Redemption and sale of property subject to delinquent assessments. The manner in which property subject to a lien for nonpayment of assessments may be redeemed, and if not redeemed, shall be sold as provided in sections 43-712, 43-715 through 43-721, 43-724 and 43-726, Idaho Code, to the extent that the provisions thereof are in keeping with the provisions of this chapter.

History:

[42-5243, added 1995, ch. 290, sec. 1, p. 1002.]
Idaho Code § 42-2922 — Idaho Code / Title 42 / Chapter 29 / Section 42-2922
42-2922 FINDINGS AND DECREE.
Status: in_force

42-2922. Findings and decree. If the findings be awarded against the validity of the proceedings the same may be dismissed. If the findings be in favor of the validity of the proceedings, the court, after the report shall have been modified to conform to the findings, or if there be no remonstrances, shall confirm the same, and the order of confirmation shall be final and conclusive, the proposed work shall be established and authorized and the proposed assessments approved subject to the right of appeal to the supreme court.

History:

[(42-2922) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:20; C.S., sec. 4513; I.C.A., sec. 41-2522.]
Idaho Code § 42-3911 — Idaho Code / Title 42 / Chapter 39 / Section 42-3911
42-3911 FAILURE TO OBTAIN REQUIRED PERMIT OR SUBMIT REQUIRED INFORMATION — PENALTY.
Status: in_force

42-3911. Failure to obtain required permit or submit required information — Penalty. Any owner or operator who causes to be constructed or consents either expressly or impliedly to the construction of a new deep injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator who causes an existing deep injection well to be modified or consents either expressly or impliedly to the modification of an existing deep injection well without having first obtained a permit therefor from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator who operates and maintains a deep injection well without having first obtained a permit from the director of the department of water resources as provided in this chapter shall be guilty of a misdemeanor. Any owner or operator of an injection well who violates the rules and regulations of the water resource board shall be guilty of a misdemeanor. Each and every day that such activity is carried on in violation of this section shall constitute a separate and distinct offense.

History:

[42-3911, added 1971, ch. 301, sec. 11, p. 1235; am. 1974, ch. 20, sec. 46, p. 533; am. 1984, ch. 155, sec. 12, p. 378; am. 2011, ch. 110, sec. 7, p. 290; am. 2024, ch. 20, sec. 5, p. 164.]
Idaho Code § 42-2821 — Idaho Code / Title 42 / Chapter 28 / Section 42-2821
42-2821 PAYMENT OF INTEREST FOR FIVE YEARS OUT OF PROCEEDS OF SALE OF BONDS.
Status: in_force

42-2821. Payment of interest for five years out of proceeds of sale of bonds. The board of county commissioners, by a suitable order duly made and recorded in the office of the county recorder, may, when they deem it advisable, provide for payment of interest on such county bonds for a period of not to exceed five (5) years out of the proceeds of the sale of such bonds and in that event no assessments need be collected for the payment of such interest charges until the expiration of said period of not to exceed five (5) years, and in such event the amount of the estimates, and the liens, instalments to be paid, and bonds to be issued and sold, shall be increased to a sufficient extent to provide for such funding of interest and to provide the funds required for such interest payments as well as for construction purposes and for payment of the amounts due or to become due on contracts entered into in pursuance hereof. But such order for the payment of interest for not to exceed five (5) years out of the proceeds of the sale of bonds shall be conditional upon there being available in the county treasury a sufficient amount of money from the proceeds of such bond sales to complete the construction of the proposed work, in addition to the amounts to be paid out for such interest payments and should the funds available in the county treasury for the sale of such bonds be insufficient to make such interest payments, and also complete the proposed construction and the payments of the county's obligations on its contract or contracts in connection with such project, then, notwithstanding any such order or orders for payment of interest out of the proceeds of the sale of bonds, the county officers shall proceed to collect by taxation and the enforcement of liens as provided in this chapter, the funds necessary to make interest payments and shall use the funds derived from the sale of bonds for the purpose of completing the project and completing payment of the county's contract obligations insofar as the proceeds of the sale of bonds may be required for such purpose.

History:

[(42-2821) 1921, ch. 222, sec. 21, p. 492; I.C.A., sec. 41-2421.]
Idaho Code § 42-4109 — Idaho Code / Title 42 / Chapter 41 / Section 42-4109
42-4109 RESOLUTION PRIOR TO CONSTRUCTION — ELECTION.
Status: in_force

42-4109. Resolution prior to construction — Election. Before any district shall construct or acquire any works under this act, the commissioners of such district shall enact a resolution or resolutions which shall, (a) set forth a brief and general description of the works, and if the same are to be constructed, a reference to the preliminary report or plans and specifications which shall theretofore have been prepared and filed by an engineer chosen for that purpose; (b) set forth the cost thereof estimated by the engineer chosen as aforesaid; (c) order the construction or acquisition of such works; (d) direct that revenue bonds of the district shall be issued pursuant to this act in such amount as may be necessary to pay the cost of the works; and (e) contain such other provisions as may be necessary in the proposal.

Such resolution shall be passed and approved as provided by law for the enactment of general resolutions, but such district shall not, without the assent of a majority of the qualified electors voting at an election to be held for such purpose, issue revenue bonds for the purpose of providing funds to own, purchase, construct, extend or equip, within and without the corporate limits of such district, water systems, sewerage systems, water treatment plants and sewerage treatment plants, the principal and interest of which to be paid solely from the revenue derived from rates and charges for the use of, and the service rendered by such systems, plants and facilities.

Said resolutions shall provide for the holding of said election in the manner set forth in chapter 14, title 34, Idaho Code. The notice of election shall set forth the purpose of said resolution, the amount of bonds authorized by it, the maturity dates of said bonds, the maximum rate of interest they shall draw, the voting places, the hours between which the polls will be open and the qualifications of voters who may vote thereat. Such election shall be conducted as are other district elections. The voting at such elections must be by ballot, and the ballots used shall be substantially as follows:

"In favor of issuing revenue bonds for the purposes provided by Resolution No. ……."

"Against the issuance of revenue bonds for the purposes provided by Resolution No. ……."

If, at such election, a majority of the qualified electors, voting at such election, vote in favor of issuing such revenue bonds, then such district may issue such bonds and create such indebtedness or liability in the manner and for the purpose specified in said resolution.

History:

[42-4109, added 1976, ch. 62, sec. 1, p. 216; am. 1994, ch. 51, sec. 1, p. 89.]
Idaho Code § 42-3324 — Idaho Code / Title 42 / Chapter 33 / Section 42-3324
42-3324 TENURE OF OFFICE — REMUNERATION AND EXPENSES.
Status: in_force

42-3324. Tenure of office — Remuneration and expenses. The tenure of office of said commissioners shall be at the pleasure of the governor, and their remuneration and expenses shall be fixed by him.

History:

[42-3324, added 1951, ch. 61, sec. 6, p. 89.]
Idaho Code § 42-3009 — Idaho Code / Title 42 / Chapter 30 / Section 42-3009
42-3009 ASSESSMENT ROLL UNDER FORMER BOND ISSUE — CONTINUANCE IN EFFECT.
Status: in_force

42-3009. Assessment roll under former bond issue — Continuance in effect. The assessment roll or rolls of any drainage district which has been authorized and filed as provided by law, and upon which any original bond issue was made, shall continue in full force and effect, and the assessment or assessments contained therein shall be a lien upon all of the property of such drainage district as contained in such assessment roll or rolls and subject to levies for the payment of the principal and interest of said refunding bonds as the same fall due, in like manner, and to the same extent, as to the original bond issue or any issue refunded.

History:

[(42-3009) 1925, ch. 21, sec. 9, p. 29; I.C.A., sec. 41-2609.]
Idaho Code § 42-2011 — Idaho Code / Title 42 / Chapter 20 / Section 42-2011
42-2011 FORFEITURE OF CONTRACT FOR CONTRACTOR'S DEFAULT — SALE OF PROJECT.
Status: in_force

42-2011. Forfeiture of contract for contractor's default — Sale of project. Upon the failure of any parties having contracts with the state for the reclamation of lands segregated under the Carey Act to commence the construction of such ditches, canals or other irrigation works within the time specified by the contract or to perform all of the requirements of said contract within the time specified in said contract with the state to the satisfaction of the director of the department of water resources, it shall be the duty of the director to give such parties written notice of such failure, and if, after a period of sixty (60) days from the sending of such notice, they shall have failed to proceed with the work or to conform to the provisions of their contract with the state, the bond and contract of such parties and all works constructed thereunder shall be at once and thereby forfeited to the state.

It shall be the duty of the director at once so to declare and give notice once each week for a period of four (4) weeks in some newspaper of general circulation in the county in which the work is situated and in one (1) newspaper at the state capital in like manner and for a like period of the forfeiture of said contract, and that upon a fixed day proposals will be received at the office of the department for the purchase of ditches, canals, other irrigation works, water rights and all other rights, privileges and benefits obtained under the provisions of the said contract and for the performance of the provisions of said contract with the state. The time for receiving said bids shall be at least sixty (60) days subsequent to the issuing of the last notice of forfeiture. Upon the request of any bidder the director shall specify in particular the needful things to be done in order to accomplish the substantial and satisfactory performance of said contract, and the director may require good and sufficient bond for such performance before confirming such sale. The money received by the department from the sale under the provisions of this section shall first be applied to the expenses incurred by the state in the forfeiture and disposal and to satisfying the bond, and the surplus, if any exists, shall be paid into the Carey Act trust fund created under section 42-2018, Idaho Code.

History:

[(42-2011) 1895, p. 215, ch. 2, sec. 14; reen. 1899, p. 282, ch. 2, sec. 14; modified 1905, p. 131, sec. 30; compiled and reen. R.C., sec. 1623; am. 1917, ch. 104, p. 380; compiled and reen. C.L., sec. 1623; C.S., sec. 3006; I.C.A., sec. 41-1711; am. 1974, ch. 164, sec. 2, p. 1397; am. 2001, ch. 183, sec. 18, p. 628.]
Idaho Code § 42-2978 — Idaho Code / Title 42 / Chapter 29 / Section 42-2978
42-2978 REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS.
Status: in_force

42-2978. Redemption of lands from lien for unpaid assessments. The owner of any land within any drainage district charged with the lien of any assessment under the provisions of this chapter, may redeem the same from all liability by paying the unpaid portion of the assessment lien against such land, as shown by the assessment roll of said district, plus interest to the time of such payment; provided that the bonds of the drainage district and the accrued interest coupons thereon shall be accepted by the tax collector as cash in payment of such lien and assessment; and upon payment by any landowner of such lien and assessment against any land the same shall be relieved of all further liability and shall not be subject to any further or subsequent assessment by said district except only for the maintenance and operation of the drainage works of the district; and, provided further, upon full payment being made, as hereinabove provided, in cash and/or bonds and interest coupons, the tax collector shall issue to such owner a receipt showing the lien of the assessment against such land is fully paid and satisfied; and such tax collector shall also note upon the assessment roll of said district the full payment of the assessment against such land. All bonds and interest coupons delivered to the tax collector under the provisions of this act shall be canceled in the same manner as bonds which have been called for payment and paid.

History:

[42-2978, added 1933, ch. 183, sec. 1, p. 338.]
Idaho Code § 42-2969 — Idaho Code / Title 42 / Chapter 29 / Section 42-2969
42-2969 ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL.
Status: in_force

42-2969. Access to records by interested persons for preparation of action for trial. Upon the filing of said complaint said plaintiff, his agents, attorneys and auditors, shall have free access to the books, records and accounts of the drainage commissioners and shall have the right to examine the same and make copies thereof, and the secretary of said drainage district shall furnish such certified copies of said records as the plaintiff may designate, said plaintiff furnishing the copies ready for certification at his own expense. He shall also have access to the records of the county treasurer insofar as they pertain to his property, including the assessment roll of the drainage district, the distribution of moneys paid by him, and such other matters as may pertain to the preparation of his case for trial.

History:

[42-2969, added 1935, ch. 57, sec. 3, p. 109.]
Idaho Code § 42-5275 — Idaho Code / Title 42 / Chapter 52 / Section 42-5275
42-5275 EXERCISE OF POWERS UNDER THIS CHAPTER BY IRRIGATION DISTRICTS ORGANIZED UNDER TITLE 43.
Status: in_force

42-5275. Exercise of powers under this chapter by irrigation districts organized under title 43. Any irrigation district organized and operating pursuant to title 43, Idaho Code, may exercise the authorities provided under this chapter to the extent doing so does not conflict with any provision of title 43, Idaho Code.

History:

[42-5275, added 1995, ch. 290, sec. 1, p. 1013.]
Idaho Code § 42-222B — Idaho Code / Title 42 / Chapter 2 / Section 42-222B
42-222B IRRIGATION CORPORATION BOUNDARY ADJUSTMENTS.
Status: in_force

42-222B. Irrigation Corporation Boundary Adjustments. (1) A change to the generally described place of use of a water right held by any corporation organized for the operation, control, or management of an irrigation project or canal system may be made without applying for a change in use of the corporation's water right under the provisions of section 42-222, Idaho Code. The corporation must file with the department of water resources a map portraying the changes to the generally described place of use within which the corporation's water rights will be exercised. For this filing requirement, it is sufficient to provide a drawing on a seven-and-one-half (7.5) minute quadrangle map having a scale of one to twenty-four thousand (1:24,000) that shows the changes to the generally described place of use to include each quarter-quarter section within which irrigation occurs. The corporation may alternatively submit a digital file depicting a map that shows the boundaries of the generally described place of use, delineated at a minimum scale of one to twenty-four thousand (1:24,000), with a defined projection, and in a format that can be opened using standard geographic information system software and includes each quarter-quarter section within which irrigation occurs.

(2) The director shall review the change to the generally described place of use filed with the department to verify that it will not result in an increase in either the rate of flow diverted or in the total number of acres irrigated as authorized by the water right, shall not result in an enlargement of other water rights within the place of use of the corporation's water rights, and shall cause no injury to other water rights. Upon request from the director, the corporation shall submit information to support the director's inquiry regarding the review criteria.

(3) Following the director's review and approval or denial, if the holder of any water right or the corporation seeks to challenge the director's decision, the challenge may be commenced only by requesting a hearing pursuant to 42-1701A(3), title 42, Idaho Code, thereby initiating a contested case before the department, pursuant to the administrative procedures act, chapter 52, title 67, Idaho Code.

History:

[42-222B, added 2021, ch. 156, sec. 1, p. 432.]
Idaho Code § 42-2302 — Idaho Code / Title 42 / Chapter 23 / Section 42-2302
42-2302 FUNDS FOR CHARGES AND EXPENSES.
Status: in_force

42-2302. Funds for charges and expenses. To provide funds to meet necessary charges and expenses for the treatment and eradication of noxious weeds as provided in section 42-2301, the board of directors of such company, association of persons, or corporation, may utilize monies available under the provisions of section 42-2201, and may also levy and collect, pursuant to title 42, chapter 22, money for necessary charges and expenses against any given piece of land according to the benefits which shall accrue to the same, to be determined by the board of directors of such company, association of persons, or corporation.

History:

[42-2302, added 1945, ch. 30, sec. 2, p. 37.]
Idaho Code § 42-4408 — Idaho Code / Title 42 / Chapter 44 / Section 42-4408
42-4408 ACTION ON PETITION — NOTICE OF HEARING.
Status: in_force

42-4408. Action on petition — Notice of hearing. Immediately after the filing of the petition for formation of a levee district the judge of the court shall fix a time for the hearing on the petition by order made by him, which order shall provide that said petition and notice of hearing be published for at least three (3) successive weeks in some weekly newspaper or newspapers, printed and published in said county or counties in which the lands are situated, and in case no such paper is published in such county, then in some paper of general circulation therein; together with a notice of the time and place at which such judge will consider said petition. The last date of publication shall be not less than ten (10) days nor more than twenty (20) days before the date of the hearing.

History:

[42-4408, added 1990, ch. 396, sec. 1, p. 1110.]
Idaho Code § 42-226 — Idaho Code / Title 42 / Chapter 2 / Section 42-226
42-226 GROUND WATERS ARE PUBLIC WATERS.
Status: in_force

42-226. Ground waters are public waters. The traditional policy of the state of Idaho, requiring the water resources of this state to be devoted to beneficial use in reasonable amounts through appropriation, is affirmed with respect to the ground water resources of this state as said term is hereinafter defined and, while the doctrine of "first in time is first in right" is recognized, a reasonable exercise of this right shall not block full economic development of underground water resources. Prior appropriators of underground water shall be protected in the maintenance of reasonable ground water pumping levels as may be established by the director of the department of water resources as herein provided. In determining a reasonable ground water pumping level or levels, the director of the department of water resources shall consider and protect the thermal and/or artesian pressure values for low temperature geothermal resources and for geothermal resources to the extent that he determines such protection is in the public interest. All ground waters in this state are declared to be the property of the state, whose duty it shall be to supervise their appropriation and allotment to those diverting the same for beneficial use. This act shall not affect the rights to the use of ground water in this state acquired before its enactment.

Any application for a water permit that seeks to transfer ground water outside the immediate ground water basin as defined by the director of the department of water resources for the purpose of irrigating five thousand (5,000) or more acres on a continuing basis or for a total volume in excess of ten thousand (10,000) acre feet per year, the application must first be approved by the director of the department of water resources and then by the Idaho legislature. Each shall give due consideration to the local economic and ecological impact of the project or development so proposed.

History:

[42-226, added 1951, ch. 200, sec. 1, p. 423; am. 1953, ch. 182, sec. 1, p. 277; am. 1980, ch. 186, sec. 1, p. 413; am. 1987, ch. 347, sec. 1, p. 742.]
Idaho Code § 42-1414 — Idaho Code / Title 42 / Chapter 14 / Section 42-1414
42-1414 FEES FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR.
Status: in_force

42-1414. Fees for filing notice of claims with the director. (1) In order to provide an adequate and equitable cost-sharing formula for financing the costs of adjudicating water rights the department of water resources shall accept no notice of claim required under the provisions of section 42-1409, Idaho Code, unless such notice of claim is submitted with a filing fee based upon the fee schedule set forth below. Failure to pay the variable water use fee in accordance with the timetable provided shall be cause for the department to reject and return the notice of claim to the claimant. The fee schedule set forth below applies to adjudication proceedings commenced or enlarged on or after January 1, 1985.

(a) Flat fee per claim filed:

(i) Claims for domestic and/or stock watering rights

Provided however, and notwithstanding any other provision of law, fees for stock watering right claims, regardless of the number of claims filed, shall only be imposed on the first four (4) claims per claimant, and there shall be no other fees or costs imposed for such claims.

(ii) Claims for all other rights

(b) Additional variable water use fee for claims filed based upon acreage, power generating capacity, c.f.s., or equivalent volume of water:

(i) Irrigation use (one fee irrespective of number of claims):

.

(ii) Power:

(iii) Aquaculture:

(iv) Municipal, industrial, commercial, mining, heating, cooling:

(v) Public instream flow, public lake level maintenance, wildlife:

(c) All fees collected by the department pursuant to this section shall be placed in the water resources adjudication account established in section 42-1777, Idaho Code.

(2) If a claimant increases in an amended notice of claim the amount of water claimed, the amount of land irrigated, or the kilowatt capacity of the generating facility, the claimant shall pay upon filing the amended notice of claim an additional variable fee in accordance with the rates set forth in subsection (1) of this section. Claimants shall be entitled to a return of filing fees or late fees only where the fee was miscalculated at the time the original or amended notice of claim was filed.

(3) If a claimant files a notice of claim after the date set by the director in the notice mailed or served in accordance with subsections (2), (3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of section 42-1409, Idaho Code, the claimant shall pay the fee set forth in subsection (1) of this section, and in addition, the amount of fifty dollars ($50) or fifteen percent (15%) of the original filing fee, whichever is greater. The director may waive the late processing fee or a portion thereof for good cause.

History:

[42-1414, as added by 1971, ch. 153, sec. 1, p. 753; am. 1972, ch. 23, sec. 1, p. 28; am. 1985, ch. 18, sec. 3, p. 30; am. 1994, ch. 454, sec. 22, p. 1469; am. 1994, ch. 455, sec. 5, p. 1488; am. 1996, ch. 186, sec. 4, p. 590; am. 2006, ch. 222, sec. 2, p. 661; am. 2008, ch. 148, sec. 1, p. 433; am. 2017, ch. 162, sec. 1, p. 385.]
Idaho Code § 42-3919 — Idaho Code / Title 42 / Chapter 39 / Section 42-3919
42-3919 CRIMINAL PENALTY — WILLFUL VIOLATION — VIOLATION OF CEASE AND DESIST ORDER.
Status: in_force

42-3919. Criminal penalty — Willful violation — Violation of cease and desist order. Any person who willfully constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the injection of a hazardous waste or of a radioactive waste through an injection well in violation of section 42-3902A, Idaho Code, or any person who willfully violates any cease and desist order after the same has been served on that person is guilty of a misdemeanor and:

(1) May be sentenced to jail for a period not to exceed six (6) months;

(2) May be fined in an amount not to exceed five thousand dollars ($5,000) for each offense; and

(3) Each day of violation shall constitute a separate offense.

History:

[42-3919, added 1984, ch. 155, sec. 20, p. 380.]
Idaho Code § 42-2809 — Idaho Code / Title 42 / Chapter 28 / Section 42-2809
42-2809 COUNTIES AUTHORIZED TO ACT AS IRRIGATION DISTRICT.
Status: in_force

42-2809. Counties authorized to act as irrigation district. For the purpose of performing the acts and exercising the powers granted by section 43-1801 of the Idaho Code and the act of Congress of August 11, 1916, entitled "An Act to Promote Reclamation of Arid Lands," (39 Stat. 506), counties in which irrigation projects have been duly established by order of the board of county commissioners under the provisions of this chapter, shall be considered to be irrigation districts of the state of Idaho and vested with all the powers and authority granted to irrigation districts by said section 43-1801 of the Idaho Code, and by the said act of Congress of August 11, 1916, entitled "An Act to Promote the Reclamation of Arid Lands," and the board of county commissioners of such counties are authorized to act as the directors of such district for such purpose and to exercise all the powers granted to the directors of irrigation districts.

History:

[(42-2809) 1921, ch. 222, sec. 9, p. 492; I.C.A., sec. 41-2409.]
Idaho Code § 42-5106 — Idaho Code / Title 42 / Chapter 51 / Section 42-5106
42-5106 WATER USERS OTHER THAN CITIES — QUALIFICATIONS FOR VOTING.
Status: in_force

42-5106. Water users other than cities — Qualifications for voting. Any water user, as defined in subsection (1) of section 42-5102, Idaho Code, or a representative thereof, within the district who possesses the qualifications required of electors under the general laws of the state shall be entitled to vote at any election held under the provisions of this chapter. A representative of a water user shall be so designated by written proxy signed by the water user except that the vote of a federal, state, or county government may be cast by an elected or appointed official of the agency, or his designee.

History:

[42-5106, added 1987, ch. 349, sec. 1, p. 767.]
Idaho Code § 42-109 — Idaho Code / Title 42 / Chapter 1 / Section 42-109
42-109 CHANGE IN COURSE OF DITCH — WHEN PROHIBITED.
Status: in_force

42-109. Change in course of ditch — When prohibited. Whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or canal so as to prevent or interfere with the use of water from said ditch or canal, by any one who, prior to the proposed change, had used water for irrigating purposes from said ditch or canal.

History:

[(42-109) R.S., part of sec. 3189; reen. R.C. & C.L., sec. 3248; C.S., sec. 5564; I.C.A., sec. 41-109.]
Idaho Code § 42-5208 — Idaho Code / Title 42 / Chapter 52 / Section 42-5208
42-5208 DIVISIONS OF DISTRICT FOR ELECTION OF DIRECTORS.
Status: in_force

42-5208. Divisions of district for election of directors. The county commission shall also make an order dividing the district into not less than three (3) nor more than seven (7) divisions, each division to contain approximately the same amount, measured in cubic feet per second, of ground water rights as each other division. The divisions shall be numbered first, second, third, etc., and one (1) director, who shall be a ground water user in the division, shall be elected from each division of the district at large. The number of divisions into which the district shall be divided shall be specified in the petition for the organization of the district, and if not otherwise specified shall be three (3).

History:

[42-5208, added 1995, ch. 290, sec. 1, p. 987.]
Idaho Code § 42-3219B — Idaho Code / Title 42 / Chapter 32 / Section 42-3219B
42-3219B EXCLUSION AND REMOVAL OF LANDS FOLLOWING REJECTION TWICE BY ELECTORATE OF CERTAIN PROPOSALS FOR CREATION OF INDEBTEDNESS — ALTERNATIVE PROCEDURE.
Status: in_force

42-3219B. Exclusion and removal of lands following rejection twice by electorate of certain proposals for creation of indebtedness — Alternative procedure. The board of directors of the district may, upon rejection by the district electorate of substantially the same proposal in two (2) separate elections (whether held prior to or after enactment of this section) for the creation of indebtedness for the purpose of acquisition, construction, installation or completion of any works or other improvement or facilities or the making of any contract to carry out the purposes of the district, petition the district court of the judicial district in which the majority of the property subject of the petition is located for exclusion and removal of lands from such water and sewer district. Such petition shall include a general description of the boundaries of the area to be excluded from the district with such certainty as to enable a property owner to determine whether or not his property is within the area to be excluded and shall be verified. The board of directors of the district, as petitioners, shall cause notice of filing of such petition to be published in a newspaper of general circulation in the county in which said property, or the major portion thereof is located, once a week for three (3) consecutive weeks. Such notice shall state the date of filing of such petition, shall include a description of the boundaries of the area to be excluded from the district with such certainty as to enable a property owner to determine whether or not his property is within the area to be excluded, and shall notify all persons interested to appear at the designated court at the time stated in said notice, showing cause in writing, if any they have, why said petition should not be granted. At any time before the expiration of the time of publication, any person may file his objection to said petition. At the time and place designated in the notice, or at the time or times at which the hearing of said petition may be adjourned, the court shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid.

The court shall grant such petition upon finding that said proposals for the creation of indebtedness were twice rejected by the electors of the whole district, and upon the finding that said area so designated by the petition for exclusion and removal forms a contiguous area and either has no need for water or sewage disposal services or reasonably constitutes a separate area for purposes of water and sewage disposal services; or is of such location and character that water or sewage disposal services cannot be furnished to it by such water and sewer district at reasonable cost and that the withdrawal of such area will be conducive to the general welfare of the balance of the district.

The granting of such petition by the court and such exclusion of said property from the district shall not relieve such property from paying any bond indebtedness of the district existing at the time of said exclusion order against any such property so excluded, nor shall the granting of such petition and exclusion of such property relieve such property of any levy for the support of said district for the year in which it is removed.

The procedure for the exclusion and removal of lands from a water and sewer district as provided in this section shall be an alternative to the procedures provided in sections 42-3219 and 42-3219A, Idaho Code.

History:

[42-3219B, as added by 1971, ch. 60, sec. 1, p. 35.]
Idaho Code § 42-2801 — Idaho Code / Title 42 / Chapter 28 / Section 42-2801
42-2801 BOARD OF COUNTY COMMISSIONERS — AUTHORITY IN IRRIGATION AND DRAINAGE PROCEEDINGS.
Status: in_force

42-2801. Board of county commissioners — Authority in irrigation and drainage proceedings. The boards of county commissioners of the several counties of the state of Idaho are hereby authorized and empowered to make all necessary orders for and cause to be constructed and maintained public drainage or irrigation systems, reservoirs, drains and ditches and other irrigation or drainage works for the irrigation or drainage of lands lying in said counties, and for such purposes, to enter into contracts for the construction or use of reservoirs and other irrigation or drainage works, constructed or to be constructed by the United States under the provisions of the federal reclamation laws, or for such works built or to be built by other parties or agencies and to take all steps and do all acts necessary or proper to secure an ample water supply for the lands in the county requiring irrigation and adequate drainage works for the lands requiring drainage, and to promote the beneficial use of the public waters of the state and the health and general welfare of the county by means of such works: provided, that nothing herein contained shall be construed to give such board of county commissioners authority over irrigation works except those acquired or constructed by the several counties under the provisions of this chapter: provided, also, that no county bonds shall be issued or sold for such purposes until such indebtedness has been authorized by two-thirds (2/3) of the electors of the county (having the qualifications provided in section 42-2803, Idaho Code,) voting at an election to be held, subject to the provisions of section 34-106, Idaho Code, for such purpose.

History:

[(42-2801) 1921, ch. 222, sec. 1, p. 492; I.C.A., sec. 41-2401; am. 1995, ch. 118, sec. 59, p. 474.]
Idaho Code § 42-5102 — Idaho Code / Title 42 / Chapter 51 / Section 42-5102
42-5102 GROUND WATER MANAGEMENT DISTRICT FORMATION.
Status: in_force

42-5102. Ground water management district formation. For purposes of formation of a ground water management district, a petition shall be presented to the department of water resources which shall set forth the object of the organization of the district and the benefits to be provided by the district. The petition shall be accompanied by a map of the proposed district which shall indicate the proposed boundaries of the district, which shall include territory only within the boundaries of a critical ground water area or ground water management area designated by the director of the department of water resources.

The petition shall be signed by no less than fifty percent (50%), measured by the quantities of their various water rights, of the water users located within the proposed boundaries of the district. For purposes of this chapter, "water users" shall include the following:

(1) Individuals, or entities, who are the current holders of a right, acquired in accordance with the provisions of chapter 2, title 42, Idaho Code, or chapter 14, title 42, Idaho Code, to appropriate water and to divert water from the aquifer by means of a well or wells, or who divert water from springs or other water courses emerging from such aquifer, or both.

(2) Cities which obtain water from the aquifer. A city may elect to be included within the proposed district by a majority vote of the members of its city council. The mayor of any city so electing may sign the petition on behalf of the city, and such city shall constitute one (1) water user for purposes of securing the minimum number of signatures required for the petition.

(3) Federal, state, or county government agencies which obtain water from the aquifer.

History:

[42-5102, added 1987, ch. 349, sec. 1, p. 765.]
Idaho Code § 42-1803 — Idaho Code / Title 42 / Chapter 18 / Section 42-1803
42-1803 REMOVAL.
Status: in_force

42-1803. Removal. The governor may remove the director of the department of water resources for inefficiency, neglect of duty, or misconduct in office, delivering to him a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten (10) days' notice; such hearing to be held publicly in the office of the governor at the capitol.

If the director shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such director, and his findings thereon, together with a complete record of the proceedings.

History:

[42-1803, added 1943, ch. 58, sec. 8, p. 120; am. 1974, ch. 20, sec. 30, p. 533.]
Idaho Code § 42-1703 — Idaho Code / Title 42 / Chapter 17 / Section 42-1703
42-1703 ATTORNEY GENERAL TO ADVISE DIRECTOR.
Status: in_force

42-1703. Attorney general to advise director. The director may require, and shall receive, from the attorney general of the state, advice upon any question of public interest arising in the performance of duties under this chapter, which advice shall be in writing when so desired. The director may employ counsel or may retain private counsel.

History:

[(42-1703) 1895, p. 215, sec. 13; reen. 1899, p. 282, sec. 12; reen. R.C., sec. 158; reen. C.L. 126:9; C.S., sec. 2985; I.C.A., sec. 41-1503; am. 1974, ch. 20, sec. 6, p. 533.]
Idaho Code § 42-238 — Idaho Code / Title 42 / Chapter 2 / Section 42-238
42-238 WELL DRILLERS' LICENSES AND OPERATOR PERMITS.
Status: in_force

42-238. Well drillers' licenses and operator permits. (1) The director of the department of water resources is hereby vested with the duties relating to the licensing of well drillers and operators of well-drilling equipment as provided for in this act so as to protect the ground water resources against waste and contamination. Qualifications for well drillers and operators of well-drilling equipment shall be adopted by rule of the water resource board.

(2) It shall be unlawful for any person to drill a well in Idaho, including wells excepted under sections 42-227 and 42-228, Idaho Code, without first complying with the provisions of this chapter. It shall be unlawful for any person to abandon a well in Idaho without first obtaining a driller's license or receiving a waiver of the license requirement from the director of the department of water resources. Authorization is required from the director prior to the abandonment and the person abandoning the well shall submit to the director a report describing the abandonment.

(3) For the purpose of this act, a "person" shall be defined as any individual who drills or abandons any well for himself or another in this state; it shall also be defined as any firm, copartnership, corporation or association that drills or abandons, or contracts to drill or abandon, any well for hire or otherwise in this state.

(4) A driller's license shall be obtained by filing with the director an application in writing on a form provided by the director accompanied by a two hundred dollar ($200) application fee.

(5) The director shall require that an applicant for a driller's license successfully pass a written or oral examination and be required to submit references and other detailed information describing past drilling experience to allow the director to determine if the applicant is qualified to drill wells in the state.

(6) The water resource board may adopt rules for licensing and renewal of licenses of well drillers in compliance with chapter 52, title 67, Idaho Code. The board is authorized to adopt rules on professional responsibility and continuing education requirements, not to exceed twenty (20) hours during each licensing period. Notwithstanding other provisions of this chapter, the director may refuse to issue or renew a driller's license permanently or for a designated period of time if the driller has previously constructed wells improperly or constructed a well without a valid driller's license. The rules may also allow for the director to issue a license with limitations on the type, size or depth of wells the applicant is authorized to construct. A copy of the proposed rules for licensing of well drillers shall be furnished to each well driller holding a current license at the time such proposed rules are promulgated or modified. The rules shall provide for the consideration of such factors as the applicant's:

(a) Knowledge of Idaho water laws and the rules of the water resource board in connection with the drilling of wells, including proper well construction standards and procedures;

(b) Knowledge of the various types of drilling tools and their use;

(c) General knowledge of underground geology and ground water hydrology and their relation to well construction;

(d) Ownership or access to equipment capable of adequately constructing a well;

(e) Knowledge of types of well casing and their use;

(f) Knowledge of special well-drilling problems and their solution, including additional requirements for licensing for drillers who construct wells in areas of drilling concern or for the production of low temperature geothermal resources as defined in section 42-233, Idaho Code, and for the production of geothermal resources as provided in chapter 40, title 42, Idaho Code;

(g) Previous drilling experience; and

(h) History of compliance with well-drilling laws and rules.

(7) If it is determined that the applicant for a driller's license is not qualified, the director shall deny the application. If it is determined that the applicant is qualified, a license shall be issued upon the filing with the director of a surety bond or cash bond in the penal sum of not less than five thousand dollars ($5,000), or more than twenty thousand dollars ($20,000), as determined by the director based on the applicant's history of compliance with well-drilling laws and rules, the size and depth of the wells the applicant proposes to drill, the complexity of the wells, the resource to be recovered, the area of operation of the applicant, and other relevant factors the director determines are in the public interest. The surety or cash bond shall be conditioned upon the proper compliance with the provisions of this chapter, chapter 40, title 42, Idaho Code, and rules promulgated pursuant thereto. Such bond shall be made payable to the director.

(8) Employees of drilling firms, copartnerships, corporations or associations are authorized to operate drilling equipment for the driller after obtaining an operator's permit from the director. Such employees shall be designated as operators.

(a) A driller is responsible for adequate supervision of the operators during the construction of each well. A driller shall be responsible for the work of the operators employed by the driller.

(b) An operator shall operate drilling equipment only for the driller listed on the operator's permit.

(c) An operator's permit shall be obtained by filing with the director an application in writing on a form provided by the director accompanied by a twenty-five dollar ($25.00) application fee.

(d) The applicant for an operator's permit shall successfully complete a written or oral examination.

(e) The water resource board may adopt rules for the issuance, revocation and renewal of an operator's permit in accordance with chapter 52, title 67, Idaho Code. The board is also authorized to adopt rules on professional responsibility and continuing education requirements not to exceed twenty (20) hours during each permitting period. The rules shall consider such factors as:

(i) Knowledge of Idaho water laws and the rules of the water resource board in connection with the drilling of wells;

(ii) Demonstrated previous compliance with well-drilling laws and rules including well construction standards; and

(iii) General understanding of well-drilling equipment, well construction techniques, basic geology and map reading.

(9) Driller's licenses and operator's permits issued under this section shall expire on March 31 in the second year after issuance or upon revocation of the license by the director as provided for in this act. The driller's license can be renewed effective April 1 of every other year upon written application on forms provided by the director and the filing of a one hundred dollar ($100) renewal fee plus a fifteen dollar ($15.00) renewal fee for each operator employed by the licensed driller. Drillers renewing licenses in 1997 shall be assessed a licensing fee prorated monthly based upon the annual fee schedule. Thereafter, driller licenses and operator permits will be renewed upon expiration for a two (2) year period. Documents demonstrating compliance with the continuing education requirements of the rules shall be submitted to the director along with other license and permit renewal documents. The renewal request must be accompanied by a new bond or evidence that the previous bond is still in effect. The renewal may then be granted by the director if he determines that the driller or operator has complied with the rules promulgated pursuant to this act. The fees collected for the licensing of well drillers and permitting of operators are nonrefundable and shall be deposited in the water administration fund with the state treasurer with other fees collected by the director.

(10) The licensed driller and permitted operators shall have a card on hand provided by the director to indicate that the driller or operator is presently licensed or permitted at all times when he is operating the drilling equipment. The director may also require other identification to be posted on the drilling equipment as he deems helpful in the administration of this act.

(11) Well driller's report. In order to enable a comprehensive survey of the extent and occurrence of the state's ground water resource, every well driller is hereby required to keep available for inspection at the well site a daily well log and pertinent data concerning each well, and its construction or abandonment, that is constructed or abandoned under the driller's direction in Idaho, including wells excepted under sections 42-227 and 42-228, Idaho Code, and to complete a report on forms furnished by the director. These reports shall be properly prepared and signed by the driller and deposited with the director within thirty (30) days following the completion of the well. When the driller signs the report, the driller shall attest that all information on the report is accurate to the best of the driller's knowledge and that the driller has met all minimum well construction standards, low temperature geothermal resource well construction standards, geothermal resource well construction standards and area of drilling concern standards as adopted by the water resource board. The reports shall become a permanent record in the office of the director for hydrologic and geologic analysis and research and shall be available for public use. The report shall include such data as the director deems necessary to provide the information that will be valuable for future reference and study.

(12) Well construction standards. The water resource board shall adopt minimum standards for new well construction, modification and abandonment of existing wells, low temperature geothermal resource well construction and geothermal well construction in this state under the provisions of chapter 52, title 67, Idaho Code. Such standards shall require each well to be so constructed as to protect the ground water of the state from waste and contamination and may include additional requirements for wells drilled in "areas of drilling concern" as designated in accordance with subsection (15) of this section. Every licensed well driller will be furnished a copy of the adopted standards by the director and will be required to construct or abandon each well in compliance with the adopted standards.

(13) Violations. When the director of the department of water resources determines that any person is in substantial violation of any provision of this section or any rule, permit, condition of approval or order issued or promulgated pursuant to this section, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Failure of the driller to comply with the provisions of section 42-238(11), Idaho Code, will allow the director to proceed to collect the necessary data on the well or wells in any manner available to him, and the cost of this data collection may be charged against the driller's bond in the amount of the expenses incurred up to the total amount of the bond.

(a) Failure of the driller to comply with the provisions of section 42-238(11), Idaho Code, is also cause for the director to revoke an active license, or refuse to renew a license, until such time as the well driller's report or reports are properly completed and on file in the office of the director. If it is found that a driller has intentionally submitted inaccurate or false information in the signed well driller's report as provided in subsection (11) of this section, or has failed to file a report within the time frame required, the driller shall be liable for a civil penalty as provided in section 42-1701B, Idaho Code. In addition, this shall be cause for the director to suspend an active license for a period not in excess of one (1) year or to not renew a license.

(b) Failure of the driller to comply with the provisions of section 42-238(12), Idaho Code, will allow the director to proceed to repair, reconstruct or abandon a well so that it complies with the adopted minimum standards of well construction and abandonment, and the costs of this work may be charged against the driller's bond in the amount of the expenses incurred up to the total amount of the bond.

(c) Failure of the driller to comply with the provisions of section 42-238(12), Idaho Code, is also cause for the director to revoke an active license or refuse to renew a license until such time as the well driller has repaired or reconstructed the well or wells so that they meet the adopted minimum standards. Any driller, well owner or well pump installer causing a well to be altered or modified so as to not meet the construction standards provided for under this section shall be deemed to have violated the provisions of this section and shall be subject to the enforcement provisions of section 42-1701B, Idaho Code. The director may also require that the well driller present evidence to show that he and his equipment are now capable of constructing a well in a proper manner before the license is renewed.

(14) Appeals. Refusal to issue, refusal to renew, or revocation of a well driller's license or operator's permit by the director shall be cause for the well driller to seek a public hearing before the water resource board. No formal petition shall be required from the affected driller or operator, but a simple statement, in writing, requesting a hearing shall be sufficient. The board shall notify the driller or operator and the director of the date set for the hearing, which shall be at least fifteen (15) days after the notice is sent by certified mail to the well driller or operator at his address of record with the department. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director's decision and make its decision in the form of an order to the director. The hearing shall be conducted in accordance with chapter 52, title 67, Idaho Code, and rules of practice and procedure adopted by the water resource board. Any party to the hearing may seek judicial review of any final order of the water resource board pursuant to chapter 52, title 67, Idaho Code.

(15) Drilling in a designated "area of drilling concern." The director of the department of water resources may designate, as he determines necessary, "areas of drilling concern" on an aquifer-by-aquifer basis within which drillers must comply with the additional requirements of this section. The director shall designate "areas of drilling concern" to protect public health and to prevent waste or contamination of ground or surface water because of factors such as aquifer pressure, vertical depth of the aquifer, warm or hot ground water, or contaminated ground or surface waters. It is unlawful for any person not meeting the requirements of this subsection to drill a well for any purpose in a designated "area of drilling concern." Any person drilling a new well or deepening or modifying an existing well for any purpose in an "area of drilling concern" as designated by the director as herein provided shall comply with the following additional requirements:

(a) Additional bonding requirements, as determined by the director, to ensure that the well is constructed or abandoned in compliance with the adopted standards for well construction.

(b) Additional experience and knowledge in drilling wells encountering warm water or pressurized aquifers as required by rules adopted by the water resource board.

(c) Document that specialized equipment needed to drill wells in "areas of drilling concern," as determined by the director, is or will be available to the driller.

(d) Provide a notice of intent to drill, deepen or modify a well; submit plans and specifications for the well and a description of the drilling methods that will be used, as required by the director; and receive the written approval of the director before commencing to drill, deepen, or modify any well in a designated "area of drilling concern."

Prior to designating an "area of drilling concern," the director shall conduct a public hearing in or near the area to determine the public interest concerning the designation. Notice of the hearing shall be published in two (2) consecutive weekly issues of a newspaper of general circulation in the area prior to the date set for hearing.

In the event an area has been designated as an "area of drilling concern" and the director of the department of water resources desires to remove such designation or modify the boundaries thereof, he shall likewise conduct a public hearing following similar publication of notice prior to taking such action.

History:

[42-238 as reen. by 1967, ch. 339, sec. 1, p. 977; am. 1970, ch. 187, sec. 4, p. 541; am. 1971, ch. 149, sec. 2, p. 730; am. 1974, ch. 20, sec. 1, p. 533; am. 1980, ch. 238, sec. 9, p. 538; am. 1987, ch. 347, sec. 8, p. 748; am. 1990, ch. 366, sec. 1, p. 999; am. 1993, ch. 216, sec. 33, p. 613; am. 1997, ch. 361, sec. 1, p. 1062; am. 1998, ch. 173, sec. 2, p. 597; am. 2021, ch. 65, sec. 1, p. 197.]
Idaho Code § 42-2963 — Idaho Code / Title 42 / Chapter 29 / Section 42-2963
42-2963 VALIDATION OF WARRANTS HERETOFORE ISSUED.
Status: in_force

42-2963. Validation of warrants heretofore issued. Warrants or any other evidence of drainage district indebtedness heretofore issued by the board of drainage commissioners of any drainage district for such necessary construction, maintenance, repair or any extraordinary reasons, shall be and hereby are made legal and valid obligations of such drainage district.

History:

[(42-2963) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, part of sec. 1, p. 82; C.S., sec. 4554; I.C.A., sec. 41-2563.]
Idaho Code § 42-2982 — Idaho Code / Title 42 / Chapter 29 / Section 42-2982
42-2982 CONSOLIDATION OF DISTRICTS.
Status: in_force

42-2982. Consolidation of Districts. (1) If the boards of commissioners of any two (2) or more drainage districts formed under this chapter deem it in the best interest of their respective districts that they be consolidated into a single district, and if said districts are contiguous or lie at least in part within the same county, such boards may petition the district court of the county in which a greater portion of the lands of said proposed district are located for an order consolidating the same districts. For purposes of this section, districts may be considered to be contiguous even though they are separated by a body of water or other natural barrier so long as they are located in close proximity to each other. The petition shall be a joint petition signed by a majority of the commissioners of each respective board and attested to by the secretary of each board. The petition shall set forth a description of the lands and boundaries for the respective districts, a description of the proposed consolidated district and any facts showing that the consolidation is in the best interests of said districts. The petition shall also set forth and report the total outstanding obligation bonds of each consolidating district, the total value of the assets held by each consolidating district, the total levy assessed in each consolidating district in its most recent fiscal year, and the projected total levy to be assessed for the next complete fiscal year in the proposed newly consolidated district.

(2) Evidence showing that the proposed consolidation is in the best interests of the districts may include, but is not limited to: that which shows that the proposed system of drainage will be conducive to providing the same benefits previously apportioned to the lands within the respective districts, enhance the functioning of the respective districts, the public health, convenience and welfare, or increase the public revenue, or that the consolidation of said districts and the said system of drainage and reclamation is a proper and an advantageous method of accomplishing the relief sought.

(3) Upon receiving a petition brought under this section, the district court shall fix a time and place for the hearing of the petition, and the time and manner of filing any objections to the petition. Said hearing shall be held no sooner than sixty (60) days and no later than one hundred twenty (120) days after the first publication of notice of hearing. The clerk of the court shall cause publication of such order in three (3) consecutive weekly issues in a newspaper of general circulation within each county in which any of the lands within the said proposed consolidated district are located; together with a notice of the time and place at which the district court will consider said petition for consolidation. The petitioners shall pay all costs of publication.

(4) Any person objecting to a petition for consolidation as described in this section shall provide for filing of written objection with the court. Only landowners within the proposed consolidated district, owners of land over which the drainage water from the proposed district would flow, and landowners served by any of the respective districts included in the petition shall have standing to file an objection to said petition. Written objections must be filed and served upon petitioners no later than twenty-one (21) days prior to the date of the hearing. The form of the objection shall be as provided in the Idaho rules of civil procedure. Each objection shall identify the name of the landowner entering the objection along with the objecting party's address, location of the landowner's land by township, range and section; identify the district or districts in which those lands lie; and state the nature or description of objection and basis or reasoning for the objection. Objections shall be limited to determining whether or not the proposed consolidation is in the best interests of the districts.

(5) The judge of the court shall, at the hearing herein provided, hear and consider argument from the petitioners and decide whether the proposed consolidation is in the best interests of said districts. The court shall then consider evidence in objection only from landowners who have filed a written objection as described in subsection (4) of this section, and only such evidence as may be presented for or against the petition or objections thereto. The landowners who have filed written objections shall bear the burden of proving that the consolidation is not in the best interests of the districts. After any evidence offered in opposition to the petition, the petitioners may offer evidence regarding the consolidation or in opposition to any objections entered. Based on the agreement in the petition to consolidate by the boards of the respective districts, there shall be a rebuttable presumption that the proposed consolidation of the districts is in the best interests of the petitioning districts and the landowners therein, unless the court finds by a preponderance of the evidence that the proposed consolidation is not in the best interests of the districts. Consolidation shall not be permitted to either exclude from the consolidated district lands that are within the petitioning districts or to include lands within the consolidated district that are not within the petitioning districts. The court shall make its determination wholly in the affirmative or negative whether said petitioning districts shall be consolidated.

(6) If the petition is granted, the court shall cause an order to be entered and recorded in the judgment record of each of the counties in which the lands within the consolidated district are situated, setting forth the facts found upon the hearing of said petition, and said order shall define the boundaries of said district and describe the lands included therein by township, range and section only. The clerk of said district court shall cause a copy of the order declaring said consolidated district, duly certified, to be filed in the office of the secretary of state. From the date of said filing and thereafter, said district consolidation shall be deemed complete.

(7) The court shall name the commissioners appointed by it for the consolidated district pursuant to the provisions of section 42-2910, Idaho Code. In appointing commissioners to the newly consolidated district, the court shall consider preference to appointment of at least one (1) commissioner from each of the districts petitioning for consolidation. The consolidated district shall be known and described by the name and number of the largest district of those consolidated.

(8) The provisions of this section shall apply exclusively to the consolidation of drainage districts which have been formed under this chapter.

History:

[42-2982, added 2011, ch. 256, sec. 1, p. 701.]
Idaho Code § 42-3315 — Idaho Code / Title 42 / Chapter 33 / Section 42-3315
42-3315 AUTHORITY AND DUTIES OF COMMISSION.
Status: in_force

42-3315. Authority and duties of commission. The said commissioners for the state of Idaho shall have authority to make full investigations of Snake River and its tributaries and the drainage area thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river, 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 stream 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:

[42-3315, added 1949, ch. 11, sec. 3, p. 11.]
Idaho Code § 42-1765B — Idaho Code / Title 42 / Chapter 17 / Section 42-1765B
42-1765B COEUR D'ALENE-SPOKANE RIVER BASIN — COEUR D'ALENE TRIBAL WATER SUPPLY BANK.
Status: in_force

42-1765B. COEUR D'ALENE-SPOKANE RIVER BASIN — Coeur d'alene TRIBAL WATER supply BANK. (1) The water resource board shall appoint a local rental committee to facilitate operation of a water supply bank for the off-reservation lease and rental of consumptive use federal reserved water rights held by or on behalf of the Coeur d'Alene tribe within the Coeur d'Alene-Spokane river basin, which shall be known as the Coeur d'Alene tribal water supply bank. Except as is inconsistent with this section, the provisions of section 42-1765, Idaho Code, and the board's water supply bank rules applicable to the operation of a storage water rental pool shall apply to the operation of the tribal water supply bank for such leases and rentals.

(2) The local rental committee shall have authority to rent consumptive use federal reserved water rights held by or on behalf of the Coeur d'Alene tribe, including natural flow and ground water rights, between consenting owners and consenting renters, for beneficial use outside of the Coeur d'Alene Indian reservation.

(3) Consistent with applicable law, rights to the use of water for a portion of the approved period of use under a consumptive use federal reserved water right held by or on behalf of the Coeur d'Alene tribe may be accepted into the water supply bank and rented out to satisfy any minimum stream flow water right held by the water resource board.

History:

[42-1765B, added 2026, ch. 181, sec. 2, p. 823.]
Idaho Code § 42-1507 — Idaho Code / Title 42 / Chapter 15 / Section 42-1507
42-1507 SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER RIGHTS ESTABLISHED.
Status: in_force

42-1507. Snake river water rights agreement minimum stream flow water rights established. (1) The legislature hereby establishes minimum stream flow water rights for the stream reaches identified by resolution of the Idaho water resource board, adopted February 8, 2005. The elements of the minimum stream flow water rights established by this section are as defined by the board's resolution and the attachments thereto. The board shall hold the minimum stream flow water rights in trust for the people of the state of Idaho, and the board shall file claims for the rights in the Snake river basin adjudication. These minimum stream flow water rights shall have a priority date as of April 1, 2005, and shall be subordinated to future domestic, commercial, municipal, and industrial water uses and such other future uses as described in the December 17, 2004, resolution of the Idaho water resource board providing approval of the Snake River Water Rights Agreement of 2004 ("Mediator's Term Sheet" dated April 20, 2004, and submitted on that date to the SRBA Court in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with all appendices to the document), as approved, ratified, and confirmed by the 108th Congress of the United States in the "Snake River Water Rights Act of 2004," Pub. L. No. 108-447 (H.R. 4818), 118 Stat. 3431 to 3441 (December 8, 2004).

(2) No fee shall be required in connection with the filing of claims in the Snake river basin adjudication for the minimum stream flow water rights established by this section.

(3) Any minimum stream flow water rights established by this section that are not capable of being maintained may be satisfied and maintained through operation of the water supply bank authorized by sections 42-1761 through 42-1765, Idaho Code, inclusive, and other available methods consistent with Idaho law.

(4) In the event the state decides to change any minimum stream flow water rights created by this section, it will provide notice of such change and consult with the Nez Perce tribe on a government-to-government basis as provided in the Snake River Water Rights Agreement of 2004. Provided however, nothing herein or in the Snake River Water Rights Agreement of 2004 shall be construed or interpreted to abridge, impair or limit the authority of the state of Idaho to create, modify or terminate any minimum stream flow water right established by this section.

(5) This section shall not become effective until the governor issues a proclamation certifying that all conditions for the effectiveness of the Snake River Water Rights Agreement of 2004 have been satisfied.

History:

[42-1507, added 2005, ch. 150, sec. 1, p. 466.]