Idaho Code § 42-2977 — Idaho Code / Title 42 / Chapter 29 / Section 42-2977
42-2977 PRO RATA PAYMENT OF INTEREST AND BONDS.
Status: in_force

42-2977. Pro rata payment of interest and bonds. If at any time twenty per cent (20%) or more of the entire issued, uncalled and outstanding bonds of such district shall be past due and unpaid, after the application of all funds available for the payment thereof, then the numerical order, or other provisions of law, of payment of all outstanding and uncalled bonds of such district shall immediately cease, and thereafter the county treasurer shall distribute all funds coming into his hands applicable to the payment of bonds pro rata on all outstanding and uncalled bonds, whether due or to become due, to the end that after such default in the percentage herein set out, there shall be paid on each outstanding and uncalled bond its equal and ratable proportion of all funds so collected for the payment of said bonds; provided further, that if at the time of such default there shall be matured and unpaid interest on any or all of such outstanding bonds, then all moneys thereafter available for the payment of interest shall be applied toward the payment of interest longest in default until all bonds shall have assumed the same relative position in regard to interest payment. When interest shall have been paid on all outstanding bonds to the same date, thereafter all moneys available for the payment of interest shall be paid equally and ratably to the holders of all outstanding and uncalled bonds. No payment shall be made by the county treasurer after such default, upon either principal or interest, except upon presentation of the bond and the indorsement by the county treasurer of the amount paid thereon, together with the date of payment, except in the event of full payment of interest coupons, said coupons shall be surrendered to the county treasurer.

History:

[42-2977, added 1935, ch. 54, sec. 2, p. 102.]
Idaho Code § 42-2907 — Idaho Code / Title 42 / Chapter 29 / Section 42-2907
42-2907 ACTION ON PETITION — NOTICE OF HEARING.
Status: in_force

42-2907. Action on petition — Notice of hearing. After the filing of said petition the judge of the court shall fix a time for the hearing of said petition by order made by him, which order shall provide that said petition 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 said judge will consider said petition.

History:

[(42-2907) 1913, ch. 16, part of sec. 3, p. 58; reen. C.L. 168:5; am. 1919, ch. 183, sec. 2, p. 559; C.S., sec. 4497; I.C.A., sec. 41-2507.]
Idaho Code § 42-3102 — Idaho Code / Title 42 / Chapter 31 / Section 42-3102
42-3102 POLICY OF STATE.
Status: in_force

42-3102. Policy of state. It is hereby recognized by the legislature that flooding can cause significant damage to life and property in this state. It is therefore declared to be the policy of the state to provide for flood risk reduction, flood response, and flood recovery in a manner consistent with the conservation and wise development of our water resources and thereby to protect and promote the health, safety, and general welfare of the people of this state.

History:

[42-3102, added 1971, ch. 300, sec. 2, p. 1219; am. 2024, ch. 175, sec. 1, p. 657.]
Idaho Code § 42-3112 — Idaho Code / Title 42 / Chapter 31 / Section 42-3112
42-3112 VACANCIES ON BOARD — APPOINTMENT BY BOARD.
Status: in_force

42-3112. Vacancies on board — Appointment by board. If there is a vacancy of any commissioner position through death, resignation, failure to meet the qualification requirements of section 42-3111, Idaho Code, or removal by the director, such vacancy shall be filled by appointment by the remaining members or member of the board. Said appointee shall be a resident of the same division of the district as the commissioner whom he is replacing and shall serve for the unexpired term, or until his successor is appointed and qualified, except that, in the event the board is unable to appoint a resident of the division vacated, the board may appoint a person at-large who is a qualified elector of the district pursuant to section 42-3118, Idaho Code, to serve as commissioner of the division where the vacancy occurred. If the board fails to fill a vacancy, or if there are no members of the board due to vacancies, the director may make such appointments to represent each division of the district.

History:

[42-3112, added 1971, ch. 300, sec. 12, p. 1219; am. 2023, ch. 56, sec. 4, p. 211.]
Idaho Code § 42-2949 — Idaho Code / Title 42 / Chapter 29 / Section 42-2949
42-2949 PAYMENTS OF CLAIMS — OPTION FOR DEPOSIT AND DISBURSEMENT OF FUNDS — ISSUANCE OF CHECKS OR WARRANTS — INVESTMENT OF FUNDS
Status: in_force

42-2949. Payments of claims — Option for deposit and disbursement of funds — Issuance of checks or warrants — Investment of funds . (1) The board of commissioners may issue warrants of such district, in payment of claims of indebtedness against such district; such warrants shall be in form and substance the same as county warrants, or as near the same as may be practicable and shall draw the legal rate of interest from the date of their presentation to the treasurer for payment, as hereinafter provided, and shall be signed by the chairman and attested by the secretary of said board: provided, that no warrants shall be issued by said board of commissioners in payment of any indebtedness of such district for less than face or par value.

(2) The board of commissioners may, in the alternative and as an option to subsection (1) of this section, elect by resolution to receive moneys due the district from the levy of taxes, assessments and other sources, to provide for the safekeeping and deposit of such moneys in accordance with the provisions of chapter 1, title 57, Idaho Code, and to pay all claims of indebtedness of the district allowed and approved by either warrant or check. If a drainage district elects this option, a certified copy of said resolution shall be served upon the board of county commissioners, the county auditor and the county treasurer. Upon allowance of claims by the board of commissioners, payment may be ordered by warrant or check signed by the chairman and the secretary. The secretary may be directed by resolution or order of the board to invest surplus funds in accordance with and subject to the provisions of chapter 1, title 57, Idaho Code, and section 50-1013, Idaho Code. The board of commissioners shall cause to be kept an accurate account of all moneys received, the sources from whence received, all moneys expended and the purposes to which applied.

History:

[(42-2949) 1913, ch. 16, part of sec. 6, p. 58; reen. C.L. 168:46; C.S., sec. 4540; I.C.A., sec. 41-2549; am. 1983, ch. 60, sec. 1, p. 139.]
Idaho Code § 42-2903 — Idaho Code / Title 42 / Chapter 29 / Section 42-2903
42-2903 APPROPRIATION OF IRRIGATION WATERS — ASSESSMENTS FOR EXPENSES.
Status: in_force

42-2903. Appropriation of irrigation waters — Assessments for expenses. The board of commissioners of drainage districts are hereby authorized and empowered to assess upon lands within the district, benefited by such filing and appropriation as provided in section 42-2902, a sufficient amount to pay the expenses thereof, which shall be levied and collected in the same manner as funds are now levied and collected for the maintenance of the drainage works and the funds so obtained may be expended for the purposes authorized by this act.

History:

[(42-2903) 1923, ch. 134, sec. 2, p. 195; I.C.A., sec. 41-2503.]
Idaho Code § 42-311 — Idaho Code / Title 42 / Chapter 3 / Section 42-311
42-311 CANCELLATION OF PERMIT — GROUNDS — HEARING — PERMITTEE DEFINED.
Status: in_force

42-311. Cancellation of permit — Grounds — Hearing — Permittee defined. (1) If the director of the department of water resources finds, on the basis of available information at any time after a permit is issued but prior to license, that the permittee has refused or failed to comply with any of the conditions in the permit, or has refused or failed to comply with the provisions of the law governing the permit, then the director of the department of water resources may issue (a) an order to show cause before the director of the department or the director's designee on or before a date therein set, which shall be not less than thirty (30) days from the date of service, why the director of the department should not cancel said permit; or (b) an order directing the permittee to cease and desist the activity or activities alleged to be in violation of the conditions of the permit or in violation of provisions of the law governing the permit. A cease and desist order may direct compliance with the permit forthwith or may provide for a time schedule to bring the permittee into compliance with the conditions of the permit.

(2) Any order to show cause or order to cease and desist shall contain a statement of findings of fact and of conclusions of law that provide a factual and legal basis for the order of the director of the department of water resources.

(3) The director of the department of water resources shall serve a copy of any such order on the permittee by personal service or by certified mail. If reasonable efforts to personally serve the order fail, or if the certified mail is returned unclaimed, the department may serve the order by publication by publishing a summary of the order once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the point of diversion is located. Service by certified mail shall be complete upon receipt of the certified mail. Personal service may be completed by department personnel or a person authorized to serve process under the Idaho rules of civil procedure. Service by publication shall be complete upon the date of the last publication.

(4) The permittee shall have a right to an administrative hearing before the department if requested in writing within twenty-one (21) days from the date of service of the order, and to judicial review, all as provided in section 42-1701A, Idaho Code.

(5) The term "permittee," as used in this chapter, includes the heirs, successors, or assigns of the person to whom the department issued a water right permit.

History:

[42-311, added 1986, ch. 313, sec. 7, p. 772; am. 1988, ch. 83, sec. 1, p. 143.]
Idaho Code § 42-3603 — Idaho Code / Title 42 / Chapter 36 / Section 42-3603
42-3603 AGREEMENTS AUTHORIZED FOR WORKS OF IMPROVEMENT.
Status: in_force

42-3603. Agreements authorized for works of improvement. The state of Idaho, by and through the director of the department of lands with the approval of the board of land commissioners, is authorized to enter into reasonable agreements with any authorized federal officer or agency or any other authorized body or person whomsoever, or any combination thereof, in constructing and maintaining or in any other manner whatsoever completing and effectuating any number of "works of improvement" under the said "Watershed Protection and Flood Prevention Act." Provided, however, that no such agreement shall obligate the state of Idaho to bear more than its reasonable share of the cost of such "works of improvement," considering the benefits accruing to the state of Idaho in relation to benefits accruing to others.

History:

[42-3603, added 1957, ch. 120, sec. 3, p. 199; am. 1974, ch. 17, sec. 24, p. 308.]
Idaho Code § 42-1747 — Idaho Code / Title 42 / Chapter 17 / Section 42-1747
42-1747 TAX EXEMPTION.
Status: in_force

42-1747. Tax exemption. Bonds issued pursuant to the authority contained in this act shall be exempt from taxation under the Idaho Income Tax law.

History:

[42-1747, added 1965, ch. 319, sec. 9, p. 898.]
Idaho Code § 42-407 — Idaho Code / Title 42 / Chapter 4 / Section 42-407
42-407 APPEAL FROM DEPARTMENT'S DECISION.
Status: in_force

42-407. Appeal from department's decision. Whenever any person or persons feel themselves aggrieved by the determination or decision of the department of water resources relative to the granting of permit, the issuance of certification of proof of completion or the issuance of license, as hereinbefore provided for, such person or persons may request a hearing pursuant to section 42-1701A(3), Idaho Code, if a hearing on the matter has not been held, or, if a hearing has been held, may seek judicial review pursuant to section 42-1701A(4), Idaho Code.

History:

[(42-407) 1915, ch. 111, sec. 7, p. 254; reen. C.L., sec. 3265t; C.S., sec. 5601; I.C.A., sec. 41-407; am. 1980, ch. 238, sec. 13, p. 544.]
Idaho Code § 42-4302 — Idaho Code / Title 42 / Chapter 43 / Section 42-4302
42-4302 DEFINITIONS.
Status: in_force

42-4302. definitions. As used in this chapter:

(1) "Board" means the Idaho water resource board.

(2) "Cloud seeding" means all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of inducing precipitation, cloud forms, or other meteorological parameters. Cloud seeding for the suppression of fog and frost prevention measures for the protection of orchards and crops are excluded from the coverage of this chapter.

(3) "Methods used for cloud seeding" means methods to distribute or create nuclei in cloud masses, including ground generators, airplanes, drones, or other application methods.

(4) "Operational period" means the dates during which cloud seeding activities are authorized and conducted within a defined basin or project area, as approved by the board, typically October 1 through April 30.

History:

[42-4302, added 2026, ch. 86, sec. 2, p. 454.]
Idaho Code § 42-711 — Idaho Code / Title 42 / Chapter 7 / Section 42-711
42-711 EXPENSES OF THE DISTRICT — APPROVAL — ALLOTMENT AND CHARGE AGAINST WATER USER.
Status: in_force

42-711. Expenses of the district — Approval — Allotment and charge against water user. (1) District hydrographers shall prepare an accounting of all expenses of the district for the year. The accounting shall show:

(a) The time charged to the district by each employee of the district, the function performed by each employee for the time charged and the cost to the district for the time charged.

(b) The cost to the district for each activity of the advisory committee and for each activity a breakdown of the cost by per diem for committee members, travel costs, goods and services, and other costs with a description of the substance of the other costs.

(c) The cost to the district for travel and services, except as already included in paragraph (b) of this subsection, and a description of the activity performed for the district for each cost.

(d) The cost to the district for all real or personal property, equipment or facilities acquired, and a description and the cost of each.

The accounting shall be certified by the district hydrographer and the chairman of the advisory committee.

(2) The accounting shall be submitted to the director of the department of water resources for approval.

(3) The expenses of the district shall be a charge against the water users in the district. The expenses of the district shall be apportioned among all water users included within the district in the following manner:

(a) A charge of twenty-five dollars ($25.00) per year for each diversion measured, provided the charge may be up to fifty dollars ($50.00) per year if adopted by resolution approved by vote of the water users at a meeting conducted in accordance with section 42-707, Idaho Code; and

(b) A pro rata share of the total expense of the district, minus the total amount charged for all diversions in the district from paragraph (a) of this subsection determined by the fraction the recorded diversion rate for each water right is to the total recorded diversion rate of all water rights being measured by the district.

(c) Except, if the total charge for all diversions measured in the district from paragraph (a) of this subsection is more than the total expense of the district, the individual charge for each diversion will be the total expense of the district divided by the number of diversions in the district and the pro rata share from paragraph (b) of this subsection will be zero (0).

(4) An allocation of the district expenses among the various users shall be prepared by the district hydrographer and filed with the director of the department of water resources and with the water measurement district treasurer.

History:

[42-711, added 1995, ch. 291, sec. 3, p. 1021; am. 2001, ch. 169, sec. 1, p. 581.]
Idaho Code § 42-4106 — Idaho Code / Title 42 / Chapter 41 / Section 42-4106
42-4106 WORKS TO BE SELF-SUPPORTING.
Status: in_force

42-4106. Works to be self-supporting. The commissioners of the district issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works, and shall revise such rates, fees, tolls or charges from time to time, to provide that all such works shall be and always remain self-supporting. The rates, fees, tolls or charges prescribed shall be such as will produce revenue at least sufficient, (a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such works, including reserves therefor.

History:

[42-4106, added 1976, ch. 62, sec. 1, p. 215.]
Idaho Code § 42-2945 — Idaho Code / Title 42 / Chapter 29 / Section 42-2945
42-2945 CONNECTIONS BY PRIVATE DRAINS — COSTS.
Status: in_force

42-2945. Connections by private drains — Costs. Any person or corporation owning land within said district shall have a right to connect any private drains or ditches for the proper drainage of such land with said system, and in case any person or corporation shall desire to drain such lands into said system, and shall find it necessary, in order to do so, to procure the right of way over the land of another, or others, and if consent thereto cannot be procured from such person or persons, then such landowner may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of being able to connect his private drainage with said system, and pray therein that said system be extended to such point as he may designate in said writing, and immediately thereon said board of commissioners shall cause a petition to be filed in the district court for and in the name of said drainage district, requesting, in said petition, that said system be extended as requested, setting forth therein the necessity thereof and praying that leave be granted by the board to extend the system in accordance with the prayer of said petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof shall be, in all matters, the same as in the hearing and presentation of the original petition, for the establishment of the original system of drainage in said district, as far as applicable.

The costs in such proceedings shall be paid from the assessment of benefits to be made on the lands of the person or persons benefited by such extension, and the assessment and compensation for the right of way, damages and benefits and payment of damages and compensation, and the collection of the assessments for benefits shall be the same as in the proceedings under the original petition, and the construction of the said extension shall be made under the same provisions as the construction of the original improvement; and all things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance with the provisions already set forth herein for the establishment and construction of said original improvement: provided, that such petitioner or petitioners shall, at the time of filing such petition by said drainage commissioners, enter into a good and sufficient bond to said drainage district, in the full penal sum of $500, with two (2) or more sureties to be approved by the court, conditioned for the payment of all costs in case the prayer of said petitioner shall not be granted, which bond shall be filed in said court.

History:

[(42-2945) 1913, ch. 16, sec. 21, p. 58; reen. C.L. 168:42; C.S., sec. 4536; I.C.A., sec. 41-2545.]
Idaho Code § 42-1741 — Idaho Code / Title 42 / Chapter 17 / Section 42-1741
42-1741 FORM.
Status: in_force

42-1741. Form. Revenue bonds shall bear such date or dates, mature at such time or times, bear interest at a rate or rates, be payable at such place or places, be in such form either coupon or registered or both, carry such registration privileges and be subject to such terms of redemption as the Idaho water resource board shall by resolution determine.

History:

[42-1741, added 1965, ch. 319, sec. 3, p. 898; am. 1970, ch. 133, sec. 5, p. 309.]
Idaho Code § 42-3234 — Idaho Code / Title 42 / Chapter 32 / Section 42-3234
42-3234 MAJORITY VOTE REQUIRED.
Status: in_force

42-3234. Majority vote required. If all boards of directors of districts proposing to merge call for the election, each district shall independently hold an election, subject to the provisions of section 34-106, Idaho Code, and if more than a majority of those voting in each election favor the merger, the merger shall occur.

History:

[42-3234, added 1982, ch. 88, sec. 1, p. 163; am. 1995, ch. 118, sec. 71, p. 487.]
Idaho Code § 42-1401A — Idaho Code / Title 42 / Chapter 14 / Section 42-1401A
42-1401A DEFINITIONS.
Status: in_force

42-1401A. Definitions. The following terms are defined for purposes of this chapter as follows:

(1) "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted.

(2) "Department" means the Idaho department of water resources.

(3) "Director" means collectively the director of the Idaho department of water resources and the Idaho department of water resources.

(4) "Domestic use" is defined in section 42-111, Idaho Code.

(5) "General adjudication" means an action both for the judicial determination of the extent and priority of the rights of all persons to use water from any water system within the state of Idaho that is conclusive as to the nature of all rights to the use of water in the adjudicated water system, except as provided in section 42-1420, Idaho Code, and for the administration of those rights.

(6) "Party" means any person who is a claimant or any person who is served or joined.

(7) "Person" means an individual, a partnership, a trust, an estate, a corporation, a municipal corporation, the state of Idaho or any political subdivision, the United States, an Indian tribe, or any other public or private entity, except that "person" does not include the director of the department or the department.

(8) "Private adjudication" means an action commenced in accordance with section 42-1404, Idaho Code, for the judicial determination of both the extent and priority of the rights of named persons to the use of water from any water system within the state of Idaho, for which a general adjudication has not been commenced or completed, that binds only those persons joined in the action and for the administration of such rights.

(9) "Purchaser" means any successor in interest of a claimant, whether the interest is acquired by purchase, gift, inheritance, or other means.

(10) "Supplemental adjudication" means an action commenced in accordance with section 42-1424, Idaho Code, for the judicial determination of both the extent and priority of the rights of a person to the use of water from any water system within the state of Idaho which has been adjudicated in a general adjudication or in a private adjudication.

(11) "Stock watering use" means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.

(12) "Water system" includes all rivers, streams, lakes, springs, ground waters, or other sources within this state, including any river system or other source, as used in 43 U.S.C. section 666.

History:

[42-1401A, added 1986, ch. 220, sec. 3, p. 560; 1986, ch. 234, sec. 1, p. 645; am. 1990, ch. 319, sec. 6, p. 875; am. 1994, ch. 454, sec. 2, p. 1445; am. 1996, ch. 186, sec. 1, p. 585; am. 1997, ch. 374, sec. 2, p. 1194.]
Idaho Code § 42-2933 — Idaho Code / Title 42 / Chapter 29 / Section 42-2933
42-2933 DISTRICT COURT MAY ENFORCE CHAPTER.
Status: in_force

42-2933. District court may enforce chapter. The district court may compel the performance of the duties imposed by this chapter, and may, in its discretion, on proper application therefor, issue its mandatory injunction for such purpose.

History:

[(42-2933) 1913, ch. 16, sec. 38, p. 58; reen. C.L. 168:30; C.S., sec. 4524; I.C.A., sec. 41-2533.]
Idaho Code § 42-2925 — Idaho Code / Title 42 / Chapter 29 / Section 42-2925
42-2925 PROCEDURE ON DISMISSAL OF PROCEEDINGS.
Status: in_force

42-2925. Procedure on dismissal of proceedings. In case the report of the commissioners hereinbefore provided for shall not be confirmed upon the hearing of the objections and remonstrances thereto, the court or judge shall dismiss such proceedings and in such case judgment shall be rendered for the costs and expenses of said proceedings against said district, and no further proceedings shall be had or done thereon; and in that event the commissioners within thirty (30) days after such dismissal shall file with the clerk of the court a statement of all costs and expenses incurred by them which statement shall be itemized and verified by the oath of one (1) of the commissioners: provided, that in case of such dismissal the said commissioners shall have the right of appeal to the Supreme Court and such appeal shall be taken in the same manner as provided for in section 42-2924.

History:

[(42-2925) 1913, ch. 16, sec. 14, p. 58; reen. C.L. 168:23; C.S., sec. 4516; I.C.A., sec. 41-2525.]
Idaho Code § 42-3119 — Idaho Code / Title 42 / Chapter 31 / Section 42-3119
42-3119 TITLE TO AND SALE OF WATERS — DISPOSITION OF AGGREGATE.
Status: in_force

42-3119. Title to and sale of waters — Disposition of aggregate. (1) The commissioners of any flood control district may in the manner provided by law obtain title to any unappropriated waters which said district has developed, conserved, or stored and said commissioners may sell, dispose, or use said waters within or without the said district in any manner which the commissioners shall decide is of the greatest advantage to the district. The powers herein granted to the commissioners shall not be denied them by reason of contrary provisions of any other statute, except that the district may not obtain title to any waters previously appropriated.

(2) If in the operation of the works of the flood control district or in the removal of natural obstructions from the beds of navigable lakes, rivers, and streams between the ordinary high water marks, the district acquires rock, sand or gravel aggregates, the district may dispose of such aggregate not needed for district purposes through commercial sales or by donation to public agencies. District purposes as used in this section shall include construction or reconstruction of dikes, levees, and related access facilities. If sold through commercial sales or used for nonflood control related improvements on private land, the fees required by chapter 7, title 47, Idaho Code, shall apply and shall be paid to the state board of land commissioners. If the aggregate is donated to any public agency for use by that public agency, no fees shall be imposed or collected.

(3) As used in this section, public agency means a state agency, county, municipality, or highway district.

History:

[42-3119, added 1971, ch. 300, sec. 19, p. 1219; am. 1986, ch. 142, sec. 1, p. 399.]
Idaho Code § 42-2967 — Idaho Code / Title 42 / Chapter 29 / Section 42-2967
42-2967 INTERESTED PERSONS — RIGHT TO DEMAND STATEMENT SHOWING AMOUNT OF LIEN AND TOTAL PAYMENTS — FORM.
Status: in_force

42-2967. Interested persons — Right to demand statement showing amount of lien and total payments — Form. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a drainage district now organized and existing or hereafter organized under the laws of the state of Idaho, and which land has been, or hereafter may be, assessed for benefits for the construction of drainage works in said district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, and upon which any calls for assessments have been made against said assessment roll by the drainage commissioners of said district, and any or all of which calls shall have been paid upon said land, shall have the right to demand in writing from the commissioners of said drainage district and from the county treasurer of the county in which such land is situate, a statement giving the following information:

(a) Amount of original lien against said land as shown by the assessment roll of said district and confirmed by the court;

(b) Total payments made upon said land by reason of calls against said assessment roll;

(c) Total credit given on the original lien against said land created by the assessment, by reason of the payment made on calls by the drainage commissioners.

Said demand shall be personally served upon the secretary of the board of drainage commissioners of said district, and upon the county treasurer of said county.

Within ten days after the service of said notice, the commissioners of said drainage district and said county treasurer shall furnish to the person making said demand a statement in writing giving the information required by said demand. Said statement so furnished by the drainage commissioners and the county treasurer may be in one instrument or in separate instruments. The same shall be signed by the chairman of the board of drainage commissioners of said district and attested by the secretary thereof, and shall also be signed by the county treasurer.

History:

[42-2967, added 1935, ch. 57, sec. 1, p. 109.]
Idaho Code § 42-406 — Idaho Code / Title 42 / Chapter 4 / Section 42-406
42-406 RULES AND REGULATIONS.
Status: in_force

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

History:

[(42-406) 1915, ch. 111, sec. 6, p. 254; compiled and reen. C.L., sec. 3265s; C.S., sec. 5600; I.C.A., sec. 41-406.]
Idaho Code § 42-3301 — Idaho Code / Title 42 / Chapter 33 / Section 42-3301
42-3301 APPOINTMENT OF MEMBERS OF COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF BEAR RIVER.
Status: in_force

42-3301. Appointment of members of commission to serve on joint commission relating to waters of Bear River. The governor of the state of Idaho is hereby authorized to appoint a commission consisting of three (3) commissioners, of which the director of the department of water resources may be one (1), and up to two (2) alternate commissioners, to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Wyoming, Utah, and Idaho, and a commissioner that may be appointed to represent the United States of America, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, between the said states, with consent of congress, respecting the lawful diversion, distribution, and the further utilization and disposition of the waters of Bear River, and all streams tributary thereto, with due regard to the priority rule controlling the use of water, and fixing and determining a method of regulation, administration and control of the waters of said river; provided, however, that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon either of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of the said three (3) states and by the congress of the United States.

History:

[42-3301, added 1943, ch. 90, sec. 1, p. 180; am. 2017, ch. 74, sec. 1, p. 187.]
Idaho Code § 42-2031 — Idaho Code / Title 42 / Chapter 20 / Section 42-2031
42-2031 RECORD OF CERTIFICATE OF SALE.
Status: in_force

42-2031. Record of certificate of sale. Upon issuing any certificate of sale it shall be the duty of the sheriff to file for record in the office of the recorder of the county where such land is situated, a certified copy of such certificate of sale.

History:

[(42-2031) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; am. R.C., part of sec. 1629; reen. C.L., sec. 1629g; C.S., sec. 3024; I.C.A., sec. 41-1731.]
Idaho Code § 42-1201 — Idaho Code / Title 42 / Chapter 12 / Section 42-1201
42-1201 DEFINITIONS.
Status: in_force

42-1201. definitions. As used in this chapter, "irrigation conduit" means a ditch, canal, lateral, drain, pipeline, or other surface channel or buried conduit that is used to convey water to the place of use for the purposes of irrigation or to provide drainage of irrigated land.

History:

[42-1201, added 2026, ch. 109, sec. 2, p. 559.]
Idaho Code § 42-2979 — Idaho Code / Title 42 / Chapter 29 / Section 42-2979
42-2979 SALE OF PERSONAL PROPERTY — PROCEDURE.
Status: in_force

42-2979. Sale of personal property — Procedure. Personal property of a drainage district may be sold by its board of commissioners whenever the board finds and by resolution declares that the district no longer has use therefor.

1. If, in the opinion of the board, such property does not exceed fifty thousand dollars ($50,000) in value, it may sell the same without independent appraisal, notice or competitive bids.

2. Personal property exceeding fifty thousand dollars ($50,000) in estimated value shall first be appraised by three (3) disinterested freeholders of the district, who shall be selected by the board. It may then be sold at public or private sale to the highest bidder for cash at not less than its appraised value, after due notice.

3. Notice of sale shall describe the property, the appraised value thereof (by separate items, if so appraised), and the time, place and condition of sale.

4. If the appraised value does not exceed fifty thousand dollars ($50,000), notice of sale shall be posted in three (3) public places in said district to be determined in the resolution of said board of commissioners (one (1) of which shall be at the office or meeting place of said board) at least ten (10) days before the date of sale.

5. If the appraised value of the property exceeds fifty thousand dollars ($50,000), notice shall be posted as set forth in subsection 4. of this section and in addition shall be published in a weekly newspaper, published or having a general circulation in the district, once each week during the four (4) weeks preceding the date of sale.

History:

[42-2979, added 1951, ch. 63, sec. 1, p. 92; am. 2018, ch. 92, sec. 4, p. 198.]
Idaho Code § 42-2929 — Idaho Code / Title 42 / Chapter 29 / Section 42-2929
42-2929 SUBSEQUENT ASSESSMENT OF PUBLIC LANDS.
Status: in_force

42-2929. Subsequent assessment of public lands. In case there are any lands included in any drainage district which cannot be assessed because of the title being in the United States government, or because of it being land not yet proved up on, or being Indian land, or for any other reason, then in that event, the drainage commissioners are, at any future date when said lands come under the jurisdiction of the drainage district, authorized to assess said lands for all benefits bestowed, the same as though said lands were originally assessable, and notice of the intention to so assess together with the amounts of assessment filed by the drainage commissioners with the recorder of the county in which said district is located, shall be notice to all subsequent purchasers and encumbrancers.

History:

[(42-2929) 1913, ch. 16, part of sec. 41, p. 58; reen. C.L. 168:27; C.S., sec. 4520; I.C.A., sec. 41-2529.]
Idaho Code § 42-4213 — Idaho Code / Title 42 / Chapter 42 / Section 42-4213
42-4213 LEGAL TITLE TO PROPERTY.
Status: in_force

42-4213. Legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the aquifer recharge district and shall be held by the district in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this chapter. The board of directors is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided.

History:

[42-4213, added 1978, ch. 293, sec. 1, p. 733.]
Idaho Code § 42-1765A — Idaho Code / Title 42 / Chapter 17 / Section 42-1765A
42-1765A LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.
Status: in_force

42-1765A. Lemhi river basin — Local rental committee. (1) The water resource board will appoint a local rental committee to facilitate operation of the water supply bank within the Lemhi river basin comprised of the Lemhi river and all tributary water sources. 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 water supply bank in the Lemhi river basin, except as inconsistent with this section.

(2) When so appointed, the local rental committee for the Lemhi river basin shall have authority to rent natural flow water rights between consenting owners and consenting renters.

(3) Rights to the use of water for a portion of the approved period of use under a water right may be accepted into the water supply bank and rented out to satisfy the board's minimum stream flow water right authorized under section 42-1506, Idaho Code, provided the owner demonstrates to the satisfaction of the director that there will be an equivalent reduction in the extent of beneficial use made under the right.

History:

[42-1765A, added 2001, ch. 373, sec. 2, p. 1310.]
Idaho Code § 42-3218A — Idaho Code / Title 42 / Chapter 32 / Section 42-3218A
42-3218A SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.
Status: in_force

42-3218A. Subdistricts — Authority to establish — Election. The board of directors of any water or sewer district organized under the provisions of chapter 32, title 42, Idaho Code, may at any time, on their own motion, call an election to submit to the qualified electors of a proposed water or sewer subdistrict the question of the creation of a water or sewer subdistrict. The election shall be called, held, and conducted pursuant to the provisions of chapter 32, title 42, Idaho Code. The proceedings calling the election shall set forth the boundaries of the proposed water or sewer subdistrict and shall provide for the submission of the question of the creation of the water or sewer subdistrict to the qualified electors residing within the proposed boundaries of the water or sewer subdistrict. No proposition for the creation of a water or sewer subdistrict shall be determined to have carried unless the proposition shall receive a majority of the votes cast. Whenever the creation of more than one (1) water or sewer subdistrict is submitted at the same election, separate ballots and separate propositions shall be used in voting on the question of creating each water or sewer subdistrict.

History:

[42-3218A, added 1988, ch. 215, sec. 1, p. 406; am. 1996, ch. 73, sec. 1, p. 237.]
Idaho Code § 42-4217 — Idaho Code / Title 42 / Chapter 42 / Section 42-4217
42-4217 LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Status: in_force

42-4217. Lending institutions — Right to compel assessments — Alternative remedy. If in any year the board of directors fails to levy assessments for the repayment of indebtedness in amounts sufficient to meet a payment or payments falling due, the lender may bring an action in the district court of any county in which the district is situated to compel the board to levy assessments in amounts sufficient to insure the payment thereof; provided, however, that the board may not be compelled to increase assessments for the repayment of indebtedness if the maximum annual assessment limitation specified in section 42-4215, Idaho Code, will be exceeded thereby. In the event that the maximum annual assessment limitation has been reached and the assessments for repayment of indebtedness nevertheless will be insufficient to meet a payment of payments falling due, the lender may, in the alternative, seek an order requiring that moneys received by the district in payment of assessments for all purposes be first expended for the repayment of that portion of the indebtedness falling due.

History:

[42-4217, added 1978, ch. 293, sec. 1, p. 735.]
Idaho Code § 42-3202B — Idaho Code / Title 42 / Chapter 32 / Section 42-3202B
42-3202B WATER AND/OR SEWER DISTRICTS MEETING THE CRITERIA OF RECREATIONAL WATER AND/OR SEWER DISTRICTS — CREATION.
Status: in_force

42-3202B. Water and/or sewer districts meeting the criteria of recreational water and/or sewer districts — Creation. Each petition filed with the clerk of the district court pursuant to the provisions of this chapter shall be verified and the petitioner shall certify or prove to the satisfaction of the court that the district sought to be created is a recreational water and/or sewer district under the terms of section 42-3202A, Idaho Code. The court decree pursuant to the provision of section 42-3207, Idaho Code, determining the nature of such district pursuant to the petitioner's prayer shall be conclusive for this and all other purposes. If the water and/or sewer district sought to be created is a recreational water and/or sewer district as defined in section 42-3202A, Idaho Code, such recreational water or sewer district shall be created in the manner provided in chapter 32, title 42, Idaho Code, except that the term, "qualified elector" shall mean any natural person who is qualified to vote in an Idaho general election, and who is an actual resident of the district, or who is an actual resident of Idaho, owning land within the boundaries of the district or area to be included within the district, or is a lease holder of a state recreational lease, or is a permit holder of a federal recreational use permit and pays personal property tax on improvements on the lease or permit area, irrespective of his or her place of residence in Idaho. The holder or holders of a bona fide contract to purchase any land within the proposed district whose names appear upon the next preceding county assessment roll for the payment of taxes on the land shall be deemed an owner of land for the purposes of this section.

History:

[42-3202B, added 1979, ch. 272, sec. 2, p. 708; am. 1980, ch. 191, sec. 2, p. 422; am. 1982, ch. 364, sec. 2, p. 915; am. 1995, ch. 118, sec. 64, p. 479.]
Idaho Code § 42-2005 — Idaho Code / Title 42 / Chapter 20 / Section 42-2005
42-2005 APPLICATION FOR APPROPRIATION PERMIT TO BE FILED.
Status: in_force

42-2005. Application for appropriation permit to be filed. The person, company of persons, association or incorporated company making application to the department of water resources for the selection of lands by the state, shall have filed with the department an application for a permit to appropriate water for the reclamation of the lands described in his request. This application for a permit shall be of a form prescribed by the department of water resources, and shall be accompanied by two (2) copies of a map of the land to be selected, and it shall show accurately the location and dimensions of the proposed irrigation works. The maps of the lands and proposed irrigation works shall be prepared in accordance with the regulations of the department of water resources of the state of Idaho and the rules of the department of the interior.

History:

[(42-2005) 1895, p. 215, ch. 2, sec. 8; reen. 1899, p. 282, ch. 2, sec. 8; reen. R.C. & C.L., sec. 1617; C.S., sec. 3000; I.C.A., sec. 41-1705.]
Idaho Code § 42-4223 — Idaho Code / Title 42 / Chapter 42 / Section 42-4223
42-4223 CONTRACTS TO RECEIVE BENEFITS.
Status: in_force

42-4223. Contracts to receive benefits. Any privately owned electrical generating company, or any person or entity who has acquired or is in the process of acquiring a right to appropriate water downstream from the boundaries of the district may enter into a contract with the board of directors of the aquifer recharge district for the receipt of benefits from the district. The consideration to be paid by any company, person or entity so contracting shall be as specified in the contract. Approval of any such contract by the director of the department of water resources shall be required before the contract shall become effective.

A contract executed and approved as herein provided may be used by the department of water resources as the basis for issuance of a permit to the electrical generating company or downstream appropriator for the appropriation and storage of such water as shall become available thereto as a result of the functioning of the district. Water appropriated under any such permit shall be deemed to be stored water and the use and manner of appropriation thereof shall be subject to all applicable limitations and restrictions imposed by law, including the provisions of subsection (3) of section 42-4201 or subsection (3) of section 42-234, Idaho Code.

Prior to the formation of the aquifer recharge district, any such electrical generating company or downstream appropriator may file with the director of the department of water resources a letter of intent to enter into such a contract.

History:

[42-4223, added 1978, ch. 293, sec. 1, p. 736; am. 1982, ch. 204, sec. 5, p. 542; am. 2009, ch. 242, sec. 3, p. 744.]
Idaho Code § 42-3111 — Idaho Code / Title 42 / Chapter 31 / Section 42-3111
42-3111 BOARD OF COMMISSIONERS — ANNUAL APPOINTMENT — QUALIFICATION — OATH — BOND — OFFICERS' ELECTION — DUTIES — TERM OF OFFICE — REMOVAL.
Status: in_force

42-3111. board of commissioners — annual appointment — qualification — oath — bond — officers' election — duties — term of office — removal. (1) Annually after the director's order organizing the district and appointing the initial members of the district board of commissioners, the board shall appoint or reappoint the commissioner or commissioners to succeed those whose terms of office are expiring and shall notify the director of such appointments. The director may make such appointments if the board fails to do so. Appointments shall be for three (3) years, provided that each division of the district shall be represented by one (1) commissioner. Each commissioner appointed pursuant to this section:

(a) Shall be a qualified elector of the district pursuant to section 42-3118, Idaho Code, and a resident of the division he represents, except that, in the event the board is unable to appoint a resident of the division, the board may appoint a person at-large who is a qualified elector of the district; and

(b) Shall qualify by taking the oath and filing a bond that meets the requirements of section 42-3109, Idaho Code, with either the clerk of the district court of the county in which the office of the district is located or with the secretary of the board.

(2) Upon the initial organization and annually thereafter on the same date, the board shall organize, by the election of one (1) of their number as chairman and one (1) of their number as vice chairman. They shall elect or appoint a secretary, who may, or may not, be a member of the board. They shall elect or appoint a treasurer, who may, or may not, be a member of the board.

(3) The chairman shall preside at all meetings, sign all claims, except his own, which shall be signed by the vice chairman, sign all warrants in payment of claims, after the submission of such claims and thus approved by the board, and such other duties as shall be required of him by law or prescribed by the board.

(4) The vice chairman, in the absence of the chairman, shall have the same powers and duties as the chairman.

(5) The secretary of the board shall have the duties as are prescribed by the board. He shall attend all meetings of the board, shall keep a record of the proceedings, and shall enter in said record all matters required by law or by the board so to be entered; and said record shall be open to inspection by any person at all reasonable times. In the absence of the secretary the board shall appoint some person, who, as acting secretary, shall keep the record of the proceedings of the board and certify the same to the secretary, and the board. Whenever in the discretion of the board it is deemed advisable to do so, the secretary may be placed under surety (fidelity) bond, in the manner and in the amount which shall be prescribed by the board.

(6) The treasurer appointed, or elected, by the board shall have such duties as the board may prescribe. He shall be placed under a surety (fidelity) bond issued by a surety company authorized to do business in the state, in such an amount as the board from time to time may determine. The treasurer shall keep a complete and accurate record of all of the financial affairs of the district and shall deposit all moneys of the district in the designated depository ordered by the board and shall comply with the public depository law as now appearing or as it may be amended.

(7) Commissioners shall hold office until they vacate their office through death, resignation, failure to meet the qualification requirements of this section, or removal by the director or until their successors are duly appointed and qualified as provided in this chapter.

(8) The director may remove a commissioner for neglect of duty, misconduct or malfeasance, or inability to perform the duties of a commissioner.

History:

[42-3111, added 1971, ch. 300, sec. 11, p. 1219; am. 2023, ch. 56, sec. 3, p. 209.]
Idaho Code § 42-2015 — Idaho Code / Title 42 / Chapter 20 / Section 42-2015
42-2015 STATE LAND OFFICIALS AND EMPLOYEES NOT TO ENTER LAND.
Status: in_force

42-2015. State land officials and employees not to enter land. It shall be unlawful for any state official or state employee or appointee of this state having anything to do, directly or indirectly, with the disposal of Carey Act or other public lands of this state, during his or her term of office, to enter, file upon, or make application to enter or file upon any Carey Act lands of this state.

History:

[(42-2015) 1911, ch. 51, sec. 1, p. 117; reen. C.L., sec. 1626a; C.S., sec. 3010; I.C.A., sec. 41-1715.]
Idaho Code § 42-1720 — Idaho Code / Title 42 / Chapter 17 / Section 42-1720
42-1720 VIOLATIONS OF CHAPTER — PENALTIES.
Status: in_force

42-1720. Violations of chapter — Penalties. (1) Every person who violates any of the provisions of this chapter, or of any order of the director or of any rule of the water resource board where a copy of the order or rule has been served upon said person by certified mail as herein provided, and said person fails to comply therewith within the time herein provided, or within ten (10) days of such service if not otherwise provided, shall be guilty of a misdemeanor. In the event of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.

(2) Any person who willfully obstructs, hinders, or prevents the director, the department or its agents or employees from performing the duties imposed by this chapter or who willfully resists the exercise of the control and supervision conferred by this chapter upon the director, the department or its agents or employees is guilty of a misdemeanor.

(3) Any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance or removal of any dam, reservoir or mine tailings impoundment structure, who knowingly does work or permits work to be executed on the dam, reservoir or mine tailings impoundment structure without an approval or in violation of or contrary to any approval as provided for in this chapter, or any inspector, agent or employee of the department who has knowledge of such work being done and who fails to immediately notify the director thereof, is guilty of a misdemeanor.

(4) Whenever any party or parties feel themselves aggrieved by the determination of the director in refusing to approve any plan or specification as mentioned in this chapter, or by any order of the director, such party or parties may seek a hearing before the director in accordance with section 42-1701A(3), Idaho Code, if a hearing has not already been held, and may seek judicial review in accordance with section 42-1701A(4), Idaho Code, of any final order of the director issued following a hearing.

(5) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code.

History:

[42-1720, added 1969, ch. 280, sec. 11, p. 833; am. 1974, ch. 20, sec. 21, p. 533; am. 1978, ch. 309, sec. 11, p. 795; am. 1980, ch. 238, sec. 16, p. 547; am. 1998, ch. 173, sec. 9, p. 610.]
Idaho Code § 42-2947 — Idaho Code / Title 42 / Chapter 29 / Section 42-2947
42-2947 USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS.
Status: in_force

42-2947. Use of natural watercourses and previously constructed works. The whole or any portion of any natural watercourse which drains any district established under this chapter, or the whole or any portion of any ditch or drainage system already constructed or partially constructed prior to the passage of this chapter, or which may be constructed subsequent thereto, may be improved and completed as a system under the provisions of this chapter: provided, that the owner or owners of any land upon or in which any drainage system has been established or constructed in whole or in part or which may hereafter be constructed in whole or in part, may take advantage of the provisions of this chapter to organize same as a drainage district, for the purpose of completing same or for the purpose of making provision for the payment or funding of any indebtedness incurred in the construction of such system, or either; and providing for the maintenance thereof. The procedure to be followed in such case shall be the same as is herein provided for the organization of a drainage district in the first instance to the extent that same is applicable to the situation: provided, that the necessary changes and substitutions therein may be made: provided further, that in the improvement of any natural watercourse, the rights of the public therein for the purpose of navigation shall not be in any wise impaired.

History:

[(42-2947) 1913, ch. 16, sec. 24, p. 58; am. 1915, ch. 42, sec. 3, p. 123; reen. C.L. 168:44; C.S., sec. 4538; I.C.A., sec. 41-2547.]
Idaho Code § 42-246 — Idaho Code / Title 42 / Chapter 2 / Section 42-246
42-246 FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT — EVIDENCE.
Status: in_force

42-246. Filing of claim not deemed adjudication of right — Evidence. The filing of a claim does not constitute an adjudication of any claim to the right to use of waters as between the water use claimant and the state, or as between one (1) or more water use claimants and another or others. A statement of claim filed pursuant to section 42-243, Idaho Code, shall be admissible in a general adjudication of water rights as evidence of the times of use and the quantity of water the claimant was withdrawing or diverting as of the year of the filing, if, but only if, the quantities of water in use and the time of use when a controversy is mooted are substantially in accord with the times of use and quantity of water claimed in the claim. A claim shall not otherwise be evidence of the priority of the claimed water right.

History:

[42-246, added 1978, ch. 345, sec. 9, p. 890.]
Idaho Code § 42-206 — Idaho Code / Title 42 / Chapter 2 / Section 42-206
42-206 RESIDENCE A REQUISITE FOR ISSUANCE.
Status: in_force

42-206. Residence a requisite for issuance. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or partnership unless organized or qualified to do business in and under the laws of the state of Idaho.

History:

[42-206, added 1937, ch. 142, sec. 2, p. 233; am. 1947, ch. 66, sec. 2, p. 106; am. 1986, ch. 217, sec. 1, p. 554.]
Idaho Code § 42-239 — Idaho Code / Title 42 / Chapter 2 / Section 42-239
42-239 INTERPRETATION.
Status: in_force

42-239. Interpretation. The executive and judicial departments of the state shall construe the provisions of this act, wherever possible in harmony with the provisions of title 42, Idaho Code, as amended; and nothing herein shall be construed contrary to or in conflict with the provisions of article 15 of the Constitution; and except where otherwise provided in this act, the provisions of said title 42, Idaho Code, as amended, shall continue to govern ground water rights in this state.

History:

[42-239, added 1951, ch. 200, sec. 15(25), p. 423; am. 1953, ch. 182, sec. 11, p. 277.]
Idaho Code § 42-202A — Idaho Code / Title 42 / Chapter 2 / Section 42-202A
42-202A TEMPORARY APPROVAL — APPLICATION — CRITERIA — EXCEPTIONS.
Status: in_force

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

(2) Application for temporary approval shall be upon forms provided by the department of water resources and shall be accompanied by a fifty dollar ($50.00) fee.

(3) The director of the department of water resources is not required to publish notice of the application pursuant to the provisions of section 42-203A, Idaho Code, and is not required to make findings as provided in section 42-203A or 42-203C, Idaho Code. The director may, however, give notice of an application as he determines appropriate and may grant a temporary approval upon completion of the application form, payment of the filing fee, a determination by the director that the temporary approval can be properly administered, a determination that other sources of water are not available, a determination that approval is in the public interest and a determination that the temporary approval will not injure public values associated with the water source or any other water right. If the temporary approval is within a water district, the director shall seek and consider the recommendations of the watermaster before granting a temporary approval. The director may issue a temporary approval with the conditions determined by the director to be necessary to protect other water rights and the public interest.

(4) The recipient of any temporary approval issued pursuant to the provisions of this act shall assume all risk that the diversion and use of the water may injure other water rights, or otherwise not comply with the criteria described in section 42-203A(5), Idaho Code. Any applicant for a temporary approval who is aggrieved by a denial of the director of a temporary approval pursuant to this act may file an application to appropriate water as provided in section 42-202, Idaho Code.

(5) A temporary approval shall only be granted for a use not intended to become an established water right:

(a) For prevention of flood damage;

(b) For ground water recharge;

(c) For ground or surface water remediation; or

(d) For any other use which will not exceed a total diverted volume of five (5) acre feet for the duration of the approval.

Approval of the uses set forth herein shall not exceed one (1) year. "Remediation" is defined to be the removal of hazardous substances or petroleum, as those terms are defined in section 39-7203, Idaho Code, from water in response to state or federal health and safety requirements. Approvals issued under the provisions of this section constitute a waiver of the mandatory permit requirements of section 42-201(2), Idaho Code, and do not create a continuing right to use water. Temporary approvals shall not be issued as an interim water supply for a use which requires a continuing water supply.

(6) The provisions of this section do not require a temporary approval: (a) before diverting and using water to extinguish or prevent the spread of an existing wildfire on private or public lands, facilities or equipment, including the use of water by personnel engaged in fighting an existing wildfire, or (b) for reservoir flood control authorized by state or federal laws.

History:

[42-202A, added 1993, ch. 255, sec. 1, p. 880; am. 2017, ch. 210, sec. 1, p. 513.]
Idaho Code § 42-2008 — Idaho Code / Title 42 / Chapter 20 / Section 42-2008
42-2008 ADVERSE REPORT BY DEPARTMENT.
Status: in_force

42-2008. Adverse report by department. In case the department of water resources shall report adversely upon the proposed irrigation works, or where requests and proposals are not approved by the department, the said department shall notify the parties making such proposal of such action and the reasons therefor. The parties so notified shall have sixty (60) days in which to submit a satisfactory proposal; but the department may, at its discretion, extend the time to six (6) months.

History:

[(42-2008) 1895, p. 215, ch. 2, sec. 11; reen. 1899, p. 282, ch. 2, sec. 11; compiled and reen. R.C. & C.L., sec. 1620; C.S., sec. 3003; I.C.A., sec. 41-1708.]
Idaho Code § 42-2813 — Idaho Code / Title 42 / Chapter 28 / Section 42-2813
42-2813 LIEN STATEMENT — CONTENTS.
Status: in_force

42-2813. Lien statement — Contents. At the earliest practicable time after the letting of the contract for the construction or use of any irrigation or drainage works as herein provided, the auditor of each county affected thereby shall make in tabular form a list and statement showing the following facts and in the order named, viz:

1. The names of the owners of all lands and the names of all public or corporate roads or railroads within their respective counties benefited by the construction of such proposed work as appears from the apportionment of benefits made by the board of county commissioners modified (if at all) by the order of confirmation of the district court.

2. The description of said lands as the same appears in such apportionment of benefits so affected, together with the total number of acres in each tract according to the assessment rolls or tax lists of such county.

3. The estimated number of acres benefited in each tract of said land as shown as aforesaid.

4. The amount that each of said tracts of land and that each of said corporate roads or railroads so benefited will be liable for and must pay into the treasury of each county for the said works.

History:

[(42-2813) 1921, ch. 222, sec. 13, p. 492; I.C.A., sec. 41-2413.]
Idaho Code § 42-3101 — Idaho Code / Title 42 / Chapter 31 / Section 42-3101
42-3101 SHORT TITLE.
Status: in_force

42-3101. Short title. This act may be known and cited as the "Flood Control District Act."

History:

[42-3101, added 1971, ch. 300, sec. 1, p. 1219.]
Idaho Code § 42-245 — Idaho Code / Title 42 / Chapter 2 / Section 42-245
42-245 FAILURE TO FILE CLAIM WAIVES AND RELINQUISHES RIGHT.
Status: in_force

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

The provisions of this section shall not apply if a claim to the right is filed in a general water rights adjudication proceeding commenced under the provisions of chapter 14, title 42, Idaho Code.

History:

[42-245, added 1978, ch. 345, sec. 8, p. 889; am. 1988, ch. 152, sec. 1, p. 272; am. 1994, ch. 63, sec. 1, p. 121; am. 2020, ch. 146, sec. 1, p. 447.]
Idaho Code § 42-3802 — Idaho Code / Title 42 / Chapter 38 / Section 42-3802
42-3802 DEFINITIONS.
Status: in_force

42-3802. Definitions. Whenever used in this act, the term:

(a) "Person" means any individual, partnership, company, corporation, municipality, county, state or federal agency, or other entity proposing to alter a stream channel.

(b) "Alter" means to obstruct, diminish, destroy, alter, modify, relocate, or change the natural existing shape or direction of water flow of any stream channel within or below the mean high watermark thereof.

(c) "Board" means the Idaho water resource board.

(d) "Stream channel" means a natural watercourse of perceptible extent, with definite bed and banks, which confines and conducts continuously flowing water. Ditches, canals, laterals and drains that are constructed and used for irrigation or drainage purposes are not stream channels.

(e) "Department" means the Idaho department of water resources.

(f) "Director" means the director of the Idaho department of water resources.

(g) "Plans" means maps, sketches, engineering drawings, word descriptions and specifications sufficient to describe the extent, nature and location of the proposed stream channel alteration and the proposed method of accomplishing same.

(h) "Mean high watermark" means a water level corresponding to the natural or ordinary high watermark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes.

History:

[42-3802, added 1971, ch. 337, sec. 2, p. 1304; am. 1974, ch. 20, sec. 33, p. 533; am. 1994, ch. 292, sec. 1, p. 912; am. 2004, ch. 191, sec. 2, p. 601.]
Idaho Code § 42-2022 — Idaho Code / Title 42 / Chapter 20 / Section 42-2022
42-2022 ISSUANCE OF PATENT.
Status: in_force

42-2022. Issuance of patent. Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the department of water resources to issue a patent to said lands from the state to the settler.

History:

[(42-2022) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C. & C.L., sec. 1629; C.S., sec. 3017; I.C.A., sec. 41-1722.]
Idaho Code § 42-3302 — Idaho Code / Title 42 / Chapter 33 / Section 42-3302
42-3302 LEGAL, ENGINEERING AND OTHER ASSISTANTS.
Status: in_force

42-3302. Legal, engineering and other assistants. As soon as the commissioners of the state of Idaho shall have been appointed and shall have entered upon the performance of their duties, as herein provided, they shall be furnished such legal, engineering and other assistants as the governor and attorney general and director of the department of water resources of the state of Idaho may deem advisable and necessary.

History:

[42-3302, added 1943, ch. 90, sec. 2, p. 180.]
Idaho Code § 42-3319 — Idaho Code / Title 42 / Chapter 33 / Section 42-3319
42-3319 COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF COLUMBIA RIVER.
Status: in_force

42-3319. Commission to serve on joint commission relating to waters of Columbia River. The governor of the state of Idaho is hereby authorized to appoint a commission of five (5) members, of which the director of the department of water resources shall be one (1), to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Washington, Oregon, Wyoming, Montana, Utah, Nevada and Idaho, and a commissioner that may be appointed by the president of the United States, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, among the states, or so many of them, not less than five (5), as shall agree thereto, with the consent of congress, respecting the lawful diversion, distribution, and further utilization and disposition of the waters of the Columbia River and all streams tributary thereto, including the Snake River, with due regard to vested rights, mutual benefits and equitable apportionment, and fixing and determining a method of regulation, administration and control of said river, and its tributaries; provided, however, that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon any of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of at least five (5) of the states, including the states of Washington, Oregon, Montana and Idaho and by the congress of the United States.

History:

[42-3319, added 1951, ch. 61, sec. 1, p. 89.]
Idaho Code § 42-102 — Idaho Code / Title 42 / Chapter 1 / Section 42-102
42-102 MEASUREMENT OF WATER.
Status: in_force

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

History:

[(42-102) 1899, p. 380, secs. 1, 21; reen. R.C. & C.L., sec. 3241; C.S., sec. 5557; I.C.A., sec. 41-102.]
Idaho Code § 42-2039 — Idaho Code / Title 42 / Chapter 20 / Section 42-2039
42-2039 RESTORATION OF LANDS AUTHORIZED.
Status: in_force

42-2039. Restoration of lands authorized. The legislature hereby recognizes and acknowledges the need to assure replacement of the grazing and wildlife land uses displaced by Carey Act developments. In order to facilitate such replacements, any settlers having contracts with the state for reclamation of lands segregated under the Carey Act shall include grazing and wildlife restoration work in total or in part to the maximum expenditure of five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration as a legitimate and necessary cost of the reclamation effort. The settlers are hereby authorized to subcontract with the bureau of land management, or any party designated by the bureau, for the purpose of accomplishing this restoration work. Payment by the Carey Act settlers for the restoration work shall be at the time the settler is granted patent to the lands developed. The director of the department of water resources is hereby authorized and directed to accept restoration expenditures as bona fide land development costs of the company up to an amount not to exceed five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00) per acre for wildlife restoration.

In the event that no suitable lands are available for restoration as grazing lands as provided herein, the director is authorized to so certify, and the payment in lieu of restoration shall be made directly to the person with previous grazing rights to the land under Carey Act development.

In those instances where a Carey Act project application is filed for land on which any livestock watering improvements, established trail rights, or recent successful reseedings of less than five (5) years usage are in place and functional at the time of the filing, then these watering improvements, trail rights or reseedings shall be replaced in kind notwithstanding costs in excess of the limitation of five dollars ($5.00) imposed herein. The director of the department of water resources shall be responsible for the negotiation and determination of the values in excess of five dollars ($5.00) per acre which are involved in qualifying water improvements, trail rights or recent reseedings and to whom the payments for excess values shall be made.

History:

[42-2039, as added by 1975, ch. 61, sec. 1, p. 127; am. 1976, ch. 109, sec. 2, p. 434.]
Idaho Code § 42-3504 — Idaho Code / Title 42 / Chapter 35 / Section 42-3504
42-3504 REMUNERATION AND EXPENSES OF BEAR RIVER COMPACT COMMISSIONERS.
Status: in_force

42-3504. Remuneration and expenses of Bear River Compact commissioners. The remuneration and expenses of the commissioners shall be fixed by the governor. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Bear River Commission shall be appropriated by the legislature to the department of water resources for these purposes.

History:

[42-3504, added 1955, ch. 219, sec. 4, p. 468.]
Idaho Code § 42-3323 — Idaho Code / Title 42 / Chapter 33 / Section 42-3323
42-3323 REQUEST FOR RECIPROCAL LEGISLATION AND CONGRESSIONAL ENABLING LEGISLATION.
Status: in_force

42-3323. Request for reciprocal legislation and congressional enabling legislation. The governor of Idaho shall advise the governors of the states of Washington, Oregon, Montana, Utah, Wyoming and Nevada, and the president of the United States of this enactment and request that reciprocal legislation be enacted by said states and that a proper resolution or statute be adopted by the congress of the United States granting permission to the states of Washington, Oregon, Montana, Utah, Wyoming, Nevada and Idaho to enter into a compact or agreement respecting the control of the waters of the Columbia River and its tributaries.

History:

[42-3323, added 1951, ch. 61, sec. 5, p. 89.]
Idaho Code § 42-1710 — Idaho Code / Title 42 / Chapter 17 / Section 42-1710
42-1710 INTENT OF LEGISLATURE — CONSTRUCTION, MAINTENANCE AND OPERATION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES.
Status: in_force

42-1710. Intent of legislature — Construction, maintenance and operation of dams and mine tailings impoundment structures. It is the intent of the legislature by this act to provide for the regulation of construction, maintenance and operation of all dams, reservoirs and mine tailings impoundment structures exclusively by the state to the extent required for the protection of public safety. All dams, reservoirs and mine tailings impoundment structures in the state are under jurisdiction of the department of water resources. The department of water resources, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation and removal of dams, reservoirs and mine tailings impoundment structures for the protection of life and property. The department of water resources may enter into agreements with other state agencies having jurisdiction over water storage structures to limit duplication of inspection, review and regulation of such structures.

History:

[42-1710, added 1969, ch. 280, sec. 1, p. 833; am. 1974, ch. 20, sec. 11, p. 533; am. 1978, ch. 309, sec. 2, p. 786; am. 2000, ch. 78, sec. 1, p. 164.]
Idaho Code § 42-2042 — Idaho Code / Title 42 / Chapter 20 / Section 42-2042
42-2042 AUTHORIZATION — FINANCING.
Status: in_force

42-2042. Authorization — Financing. Pursuant to section 42-1756, Idaho Code, the Idaho water resource board is authorized to plan, finance, construct, acquire, operate, own, maintain, and be the project sponsor and developer of a water resource development project as provided in the provisions of the Carey Act and to use the water resource board revolving development fund and revenues or other additions thereto from any source, including, but not limited to, proceeds from loans secured by project revenues, to finance or guarantee the funding of said project. Said project is known as the Indian Hills project, which is located in Owyhee county approximately two (2) miles southwest of Hammett, Idaho. The Idaho water resource board is authorized by this act to proceed with the project on the basis identified and approved by the Idaho water resource board in the proposal submitted, pursuant to section 42-1734(11), Idaho Code, to the governor of Idaho on November 25, 1974; and the Idaho water resource board is further authorized to proceed in accordance with and exercise the authority for issuance of revenue bonds as provided in section 42-1734(17), Idaho Code. The Idaho water resource board is further authorized to own, sell, convey, mortgage, pledge or incumber the lands for said project and do all things necessary for the construction and completion of said project including the acquisition of all necessary real and personal property in connection therewith, together with all necessary pumping and water distribution works and facilities at the site of such water project and all other necessary and related structures and equipment, and, in addition to the powers conferred elsewhere on the Idaho water resource board, to issue and sell revenue bonds under the provisions of sections 42-1739 through 42-1749, Idaho Code, pledging thereto the revenues which the board shall derive from such water project, and such other revenues as may come into the water resource board revolving development fund from any source whatsoever, including, but not limited to, any tax funds pledged or dedicated to the water resource board revolving development fund, in order to pay the costs of planning, financing, acquiring, construction, operation and maintenance of such water project. The water resource board is further authorized to charge and collect such fees and assessments necessary for payment and reimbursement for all the costs of said project and the water resource board shall have a first and prior lien upon all lands of the project and water rights now appurtenant or to become appurtenant to said lands and water distribution facilities; said lien shall be in all respects prior to any and all other liens no matter how created or attempted to be created by the owner or possessor of the project lands or by law, and shall remain in full force and effect until the last deferred payment for water rights and project facilities is fully paid and satisfied according to the terms of the contract under which water is acquired for said project by persons making entry upon said lands.

History:

[42-2042, added 1976, ch. 306, sec. 2, p. 1049; am. 2006, ch. 126, sec. 2, p. 364.]
Idaho Code § 42-2208 — Idaho Code / Title 42 / Chapter 22 / Section 42-2208
42-2208 INTEREST ON DELINQUENT ASSESSMENTS.
Status: in_force

42-2208. Interest on delinquent assessments. All charges levied under the provisions of this chapter shall draw interest at twelve per cent (12%) per annum from the time when due and payable, to the entry of judgment of foreclosure, and the right of lien shall extend to such interest and the costs of foreclosure.

History:

[(42-2208) 1913, ch. 120, sec. 7, p. 466; reen. C.L. 129:8; C.S., sec. 3047; I.C.A., sec. 41-1908; am. 1933, ch. 101, sec. 1, p. 162; am. 1974, ch. 28, sec. 1, p. 979; am. 1982, ch. 89, sec. 1, p. 164.]
Idaho Code § 42-233c — Idaho Code / Title 42 / Chapter 2 / Section 42-233c
42-233c EASTERN SNAKE PLAIN AQUIFER AREA HAVING COMMON GROUND WATER SUPPLY.
Status: in_force

42-233c. Eastern snake plain aquifer AREA HAVING COMMON GROUND WATER SUPPLY. (1) The area having a common ground water supply for the eastern Snake plain aquifer, as that term is used in the administration of water rights pursuant to the rules for the conjunctive management of surface and ground water resources, is the aquifer underlying the eastern Snake river plain as described in model calibration report, eastern Snake plain aquifer model version 2.2. of May 2021.

(2) The director of the department of water resources may expand the area having a common ground water supply for the eastern Snake plain aquifer to include tributary basins that affect the eastern Snake river plain aquifer. The director shall not expand the area having a common ground water supply for the eastern Snake plain aquifer to include areas that have been designated as a critical ground water area or a ground water management area and that have approved ground water management plans unless the director determines that the existing ground water management plan for such tributary basin is insufficient to manage the effects of ground water withdrawals on the aquifer from which withdrawals are made and on any other hydraulically connected sources of water, including the eastern Snake plain aquifer.

(3) Before entering an order expanding the eastern Snake plain aquifer area of common ground water supply pursuant to subsection (2) of this section, the director shall, by regular mail, send notice of the proposed action to the owner of each water right proposed to be administered in the tributary basin. The notice shall describe the proposed action to be taken, the reasons therefor, and the time and place of a hearing to be held concerning the proposed action, and shall provide a time period within which written comment on the action will be accepted. The hearing shall not be held sooner than ten (10) days after the mailing of the notice, and the written comment period shall not close sooner than ten (10) days after the hearing. Instead of mailing notice, the director may publish notice describing the proposed action, the time and place for the hearing, and the deadline for receiving written comment. The notice shall be published once a week for two (2) weeks in a newspaper having general circulation within the tributary basin, with the second publication appearing at least ten (10) days before the date set for the hearing. The hearing shall be held within the tributary basin or at some nearby location convenient to the affected water users. The department shall allow for both oral and written comments to be provided.

(4) The director may issue an order expanding the eastern Snake plain aquifer area of common ground water supply after the hearing. Any person aggrieved by the action of the director may contest such action pursuant to section 42-1701A(3), Idaho Code.

History:

[42-233c, added 2024, ch. 110, sec. 1, p. 483; am. 2025, ch. 211, sec. 18, p. 984.]
Idaho Code § 42-5266 — Idaho Code / Title 42 / Chapter 52 / Section 42-5266
42-5266 PETITION FOR CONFIRMATION OF DISSOLUTION BY DISTRICT COURT.
Status: in_force

42-5266. Petition for confirmation of dissolution by district court. Immediately after such election, in case the proposal has carried by a vote of members representing a majority of the ground water rights in the district, measured by cubic feet per second, the board shall file in the district court of the county in which the district's office is situated a petition praying in effect that the proceedings for the dissolution of the district be examined, approved and confirmed by the court. The petition shall set forth a full description of the lands formerly embraced within the district which is affected by the proceedings for the dissolution of such district, shall set forth generally the proceedings taken with reference to the petition and the election specified in the preceding sections of this chapter, and shall set forth fully every item of legal and enforceable indebtedness of the district with the name and residence of the holder thereof so far as known to the district secretary. In case any items of indebtedness are in the hands of unknown owners, they shall be so listed.

History:

[42-5266, added 1995, ch. 290, sec. 1, p. 1009.]
Idaho Code § 42-4412 — Idaho Code / Title 42 / Chapter 44 / Section 42-4412
42-4412 ENTRY OF ORDER.
Status: in_force

42-4412. Entry of order. If a majority of the votes cast at the election are in favor of the organization of the levee district, the district court shall declare the levee district organized, shall give it a corporate name by which, in all proceedings, it shall thereafter be known, and designate the first board of commissioners to have been elected. Thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation.

History:

[4204412, added 1990, ch. 396, sec. 1, p. 1112.]
Idaho Code § 42-2707 — Idaho Code / Title 42 / Chapter 27 / Section 42-2707
42-2707 CONVEYANCE OF PROPERTY TO UNITED STATES AUTHORIZED.
Status: in_force

42-2707. Conveyance of property to United States authorized. Whenever the board of county commissioners of any county shall adjudge that it is desirable and for the general welfare and benefit of the people of the county and for the interest of the county to convey real property belonging to the county, however acquired, whether by tax foreclosure or in any other manner, not necessary for the use of the county, to the United States of America for use in connection with federal projects within the scope of the federal Reclamation Act of June 17, 1902, and federal acts amendatory thereof and supplemental thereto, for the reclamation and irrigation of arid lands, such board of county commissioners, by majority vote, are hereby authorized to convey such property to the United States of America for use in connection with such federal projects as aforesaid for the reclamation and irrigation of arid lands.

History:

[42-2707, added 1943, ch. 108, sec. 1, p. 210; am. 1945, ch. 28, sec. 1, p. 35.]
Idaho Code § 42-606 — Idaho Code / Title 42 / Chapter 6 / Section 42-606
42-606 REPORTS OF WATERMASTERS.
Status: in_force

42-606. Reports of watermasters. All watermasters shall make an annual report to the department of water resources prior to the expiration of the watermaster's appointment for the current year. This report shall show the total volume of water delivered by the watermaster during the preceding year, the volume delivered to each water user, the total expense of delivery and the apportionment of expenses among users and all debits and credits to be carried over to the following year. Such report shall also include the number of days the watermaster and watermaster assistants have devoted to the distribution of such water and any records of stream flow the watermaster used or made in the process of distributing water supplies. The director may ask for other information deemed necessary in assuring proper distribution of water supplies within the district. The reports of watermasters to the department of water resources shall be filed and kept in the office of the department.

History:

[(42-606) 1903, sec. 25, p. 223; reen. R.C., sec. 3276; am. 1915, ch. 34, sec. 11, p. 103; reen. C.L., sec. 3276; C.S., sec. 5610; I.C.A., sec. 41-506; am. 1992, ch. 339, sec. 8, p. 1021; am. 2020, ch. 52, sec. 3, p. 127.]
Idaho Code § 42-1413 — Idaho Code / Title 42 / Chapter 14 / Section 42-1413
42-1413 FILING OF FINAL DECREE.
Status: in_force

42-1413. Filing of final decree. (1) When a decree has become final in an adjudication in which the director filed a report, the director shall file a certified copy of the decree or a transcript thereof in the office of the county recorder of each county in which the place of use or point of diversion of the water rights contained in the decree is located.

(2) Upon entry of a final decree, the director shall administer the water rights by distributing water in accordance with the final decree and with title 42, Idaho Code.

(3) When a decree has become final in an adjudication in which the director has not filed a report, the clerk of the district court in which the decree is entered shall file a certified copy of the decree or a transcript thereof in the office of the county recorder for each county in which the place of use or point of diversion of the water rights decreed is located, and shall send a certified copy of the decree to the director as required in section 42-1403, Idaho Code.

(4) The transcript of decree shall contain the following:

(a) title of the district court;

(b) name of the case;

(c) the case number;

(d) names of each party;

(e) date of entry;

(f) the description of the boundaries of the water system, which is the subject of the general adjudication;

(g) a statement that the decree is entered in the records of the clerk of the district court;

(h) a statement that information as to the rights decreed is available at the offices of the department; and

(i) such other information as may be necessary to assist any person searching the title of a parcel to find the decree.

(5) A decree or transcript recorded pursuant to this section from the time it is filed with the recorder for record, is constructive notice of the contents of the decree within the county in which the decree or transcript is recorded to subsequent purchasers and mortgagees.

(6) Notwithstanding the filing of a certified copy of the decree or a transcript thereof in the office of the county recorder, only the legal description of an irrigation district's boundaries recorded in compliance with title 43, Idaho Code, shall constitute conclusive proof of the district's boundaries. The decree shall not be construed to define, limit or otherwise affect the apportionment of benefits to lands within an irrigation district pursuant to chapter 7, title 43, Idaho Code. A notice consistent with this subsection shall be filed with the certified copy of the decree or a transcript thereof.

History:

[42-1413, added 1986, ch. 220, sec. 15, p. 577; am. 1994, ch. 454, sec. 21, p. 1469; am. 2003, ch. 167, sec. 2, p. 475.]
Idaho Code § 42-2030 — Idaho Code / Title 42 / Chapter 20 / Section 42-2030
42-2030 FORECLOSURE SALE — LIMITATION ON BID OF LIENHOLDER.
Status: in_force

42-2030. Foreclosure sale — Limitation on bid of lienholder. At such sale no person, company of persons, association or incorporated company, owning and holding any lien, shall bid in or purchase any land or water right at a greater price than the amount due on said deferred payment for said water right and land, and the costs incurred in making the sale of said land and water right.

History:

[(42-2030) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629f; C.S., sec. 3023; I.C.A., sec. 41-1730.]
Idaho Code § 42-5120 — Idaho Code / Title 42 / Chapter 51 / Section 42-5120
42-5120 LENDING INSTITUTIONS — RIGHT TO COMPEL ASSESSMENTS — ALTERNATIVE REMEDY.
Status: in_force

42-5120. Lending institutions — Right to compel assessments — Alternative remedy. If in any year the board of directors fails to levy assessments for the repayment of indebtedness in amounts sufficient to meet a payment or payments falling due, the lender may bring an action in the district court of any county in which the district is situated to compel the board to levy assessments in amounts sufficient to insure the payment thereof; provided, however, that the board may not be compelled to increase assessments for the repayment of indebtedness if the maximum annual assessment limitation specified in section 42-5113, Idaho Code, will be exceeded thereby. In the event that the maximum annual assessment limitation has been reached and the assessments for repayment of indebtedness nevertheless will be insufficient to meet a payment or payments falling due, the lender may, in the alternative, seek an order requiring that moneys received by the district in payment of assessments for all purposes be first expended for the repayment of that portion of the indebtedness falling due.

History:

[42-5120, added 1987, ch. 349, sec. 1, p. 775.]
Idaho Code § 42-1312 — Idaho Code / Title 42 / Chapter 13 / Section 42-1312
42-1312 LATERAL WATER USERS' ASSOCIATION AUTHORIZED TO BORROW MONEY OR TO MORTGAGE OR PLEDGE ASSETS.
Status: in_force

42-1312. LATERAL WATER USERS' ASSOCIATION AUTHORIZED TO BORROW MONEY OR TO MORTGAGE OR PLEDGE ASSETS. (1) A lateral water users' association may:

(a) Borrow money to repay a loan;

(b) Mortgage or pledge any assets of the association as security for a loan; and

(c) Levy assessments to repay a loan.

(2) Before any money can be borrowed or any mortgage or pledge can be made or entered into, the association's secretary-treasurer shall send a written notice to all water users to inform the water users that an election is being called to determine whether or not the association, through its chair and secretary-treasurer, may borrow money or mortgage or pledge its assets. Such notice shall include a brief description of the proposed action and the date, time, and place of such election, which shall be held at least ten (10) days after the date of the secretary-treasurer's notice.

(3) The election shall be determined by a majority vote of the water users present at the election in accordance with section 42-1302(5), Idaho Code.

History:

[42-1312, added 2026, ch. 112, sec. 25, p. 574.]
Idaho Code § 42-603 — Idaho Code / Title 42 / Chapter 6 / Section 42-603
42-603 SUPERVISION OF WATER DISTRIBUTION — RULES AND REGULATIONS.
Status: in_force

42-603. Supervision of water distribution — Rules and regulations. The director of the department of water resources is authorized to adopt rules and regulations for the distribution of water from the streams, rivers, lakes, ground water and other natural water sources as shall be necessary to carry out the laws in accordance with the priorities of the rights of the users thereof. Promulgation of rules and regulations shall be in accordance with the procedures of chapter 52, title 67, Idaho Code.

History:

[(42-603) 1915, ch. 34, sec. 8, p. 103; reen. C.L., sec. 3273; C.S., sec. 5607; I.C.A., sec. 41-503; am. 1992, ch. 339, sec. 4, p. 1015.]
Idaho Code § 42-2006 — Idaho Code / Title 42 / Chapter 20 / Section 42-2006
42-2006 SUBMISSION OF PROPOSAL TO DEPARTMENT.
Status: in_force

42-2006. Submission of proposal to department. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department of the interior. If it does not, it is to be returned for correction; but, if it does so comply, the department shall examine the same and make a written report, stating whether or not the proposed works are feasible, whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; and whether or not a permit to divert and appropriate water through the proposed works has been approved by the department; whether the capacity of the proposed works is adequate to reclaim the land described; whether or not the proposed cost of construction is reasonable; and whether or not the maps filed in its office comply with the requirements of said department and the regulations of the department of the interior; also whether or not the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the aforesaid act of congress and the rules and regulations of the department of the interior thereunder.

History:

[(42-2006) 1895, p. 215, ch. 2, sec. 9; reen. 1899, p. 282, ch. 2, sec. 9; modified 1905, p. 131, sec. 30; compiled and reen. R.C. & C.L., sec. 1618; C.S., sec. 3001; I.C.A., sec. 41-1706.]
Idaho Code § 42-1602 — Idaho Code / Title 42 / Chapter 16 / Section 42-1602
42-1602 UNNECESSARY FLOW UNLAWFUL — USE FOR DOMESTIC PURPOSES.
Status: in_force

42-1602. Unnecessary flow unlawful — Use for domestic purposes. It shall be unlawful for the owner, tenant, or occupant of the land upon which such well is situated to cause, permit, or suffer, such common nuisance, or suffer or permit it to remain or continue; and it shall be unlawful for any person owning, possessing or occupying any land, upon which is situated an artesian well, to cause, suffer or permit the water to unnecessarily flow from such well or to go to waste: provided, however, that it shall be lawful for any such person to insert a stop and waste cock, not exceeding one (1) inch in diameter, in the piping of such well and to take and use water therefrom through such stop and waste cock at any time for household, stock or domestic purposes.

History:

[(42-1602) 1921, ch. 196, sec. 2, p. 399; I.C.A., sec. 41-1402.]
Idaho Code § 42-5250 — Idaho Code / Title 42 / Chapter 52 / Section 42-5250
42-5250 ORDER TO BE RECORDED.
Status: in_force

42-5250. Order to be recorded. Upon a change of the boundaries of a district becoming effective, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain a ground water district, as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries had been included therein at the original organization of the district.

History:

[42-5250, added 1995, ch. 290, sec. 1, p. 1004.]
Idaho Code § 42-3001 — Idaho Code / Title 42 / Chapter 30 / Section 42-3001
42-3001 ISSUANCE AUTHORIZED.
Status: in_force

42-3001. Issuance authorized. The board of commissioners of any drainage district organized under the laws of the state of Idaho may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of the district, whether due or not due, on which has or may hereafter become payable at the option of the district or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness be now existing or may hereafter be created, and there shall not be funds in the treasury of such district available for the payment or redemption of such bonds and the accrued and unpaid interest thereon.

History:

[(42-3001) 1925, ch. 21, sec. 1, p. 29; I.C.A., sec. 41-2601.]