Idaho Code § 42-405 — Idaho Code / Title 42 / Chapter 4 / Section 42-405
42-405 IDAHO LAWS CONTROLLING.
Status: in_force

42-405. Idaho laws controlling. Appropriations of water made under the provisions of this chapter shall be subject to the laws of the state of Idaho relative to administration, control and distribution of public waters, so long as said waters appropriated in accordance herewith shall remain within the state of Idaho: provided further, that such rights in their entirety shall be subject to all laws of the state of Idaho which have been or may be passed from time to time relative to the appropriation and control of public waters, to the end that such rights may be upon a parity with water rights within the state of Idaho.

History:

[(42-405) 1915, ch. 111, sec. 5, p. 254; reen. C.L., sec. 3265r; C.S., sec. 5599; I.C.A., sec. 41-405.]
Idaho Code § 42-5202 — Idaho Code / Title 42 / Chapter 52 / Section 42-5202
42-5202 ESTABLISHMENT OF GROUND WATER DISTRICTS.
Status: in_force

42-5202. Establishment of ground water districts. Whenever fifty (50) or a majority, whichever is less, of the ground water users in a particular geographic area desire to organize a ground water district, they may propose the organization of a district and the election of its initial board of directors under this chapter.

History:

[42-5202, added 1995, ch. 290, sec. 1, p. 985.]
Idaho Code § 42-3117 — Idaho Code / Title 42 / Chapter 31 / Section 42-3117
42-3117 CONTRACTS SUBMITTED TO VOTERS — NOTICE — ELECTION.
Status: in_force

42-3117. Contracts submitted to voters — Notice — Election. Whenever any contract with the United States or any agency thereof or, the state, is proposed to be entered into by any district which would create indebtedness in excess of the moneys on hand or the funds to be realized from their budget for the year in which said contract is entered into, the board shall first submit the question to the qualified voters of the district at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose.

Notice of such election must be given as provided in section 34-1406, Idaho Code. The notice must specify the date of the holding of the election, the qualification of the voters, the nature of the contract set forth in general terms, and by reference shall give notice as to where a copy of such contract, proposed to be entered into, may be viewed by the qualified voters, one (1) of which places shall be with each of the commissioners of the district and such other places as the board may determine by their order. Said notice shall further set forth the amount of the contract, the amount of the funds, if any, which will be received from the United States, and/or the state, the amount that the district will be obligating itself to pay, the duration of construction and obligation of such contract, the estimate of the mill levy required for operation, maintenance and administrative expenses of the district, whether such obligation may be met, within the limitations imposed by the levy authorized by this chapter, or whether, in addition to voting upon the contract it will be necessary to vote upon an increase in the authorized levy.

The notice shall further state the hours between which the polls will be open, the definite place or places of holding the election, which shall be fixed by the board by its order, which order will require at least one (1) polling place in every division of the district, and the question to be voted upon.

The ballot shall contain the question to be voted upon and shall contain the words "Contract-Yes" and "Contract-No," or other words equivalent.

In the event such contract requires the district to call for a levy beyond the limitations imposed in section 42-3115, Idaho Code, then the ballot shall contain the question to be voted upon and shall contain the words "Contract and Levy-Yes" and "Contract and Levy-No" or other words equivalent.

In this election, the polling places shall be presided over by a board of election which shall be appointed by the board which shall consist of two (2) judges and a clerk, who shall be qualified voters of the division and the district. Before entering upon their duties each member of the board of election shall take an oath, which shall be administered by any qualified district voter before they shall perform their duties as such member of the board of election.

In such election the ballots used by the voters shall be kept in a sealed container until the polls are closed at the time specified in the notice of election and then shall be counted in open view.

It is intended that no informalities in the conduct of such election shall invalidate the same if the election shall have been otherwise fairly held.

The returns of such election shall be canvassed by the board which shall constitute the board of canvassers. All ballot boxes shall be returned to the board immediately upon the close of the polls and the counting of the ballots, and the ballots shall be canvassed not more than ten (10) days thereafter.

If upon the canvass of the votes it appears that the contract was approved by two-thirds (2/3) of the qualified voters voting at the election, then the contract will be considered to be approved.

History:

[42-3117, added 1971, ch. 300, sec. 17, p. 1219; am. 1995, ch. 118, sec. 61, p. 477.]
Idaho Code § 42-3317 — Idaho Code / Title 42 / Chapter 33 / Section 42-3317
42-3317 REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION.
Status: in_force

42-3317. Request for reciprocal legislation and proper congressional resolution. The governor of Idaho shall advise the governor of the state of Wyoming and the president of the United States of this enactment and request that reciprocal legislation be enacted by said state and that a proper resolution be adopted by the congress of the United States giving permission to the states of Idaho and Wyoming to enter into a compact or agreement respecting the control of the waters of Snake River and its tributaries.

History:

[42-3317, added 1949, ch. 11, sec. 5, p. 11.]
Idaho Code § 42-602 — Idaho Code / Title 42 / Chapter 6 / Section 42-602
42-602 DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES TO SUPERVISE WATER DISTRIBUTION WITHIN WATER DISTRICTS.
Status: in_force

42-602. Director of the department of water resources to supervise water distribution within water districts. The director of the department of water resources shall have direction and control of the distribution of water from all natural water sources within a water district to the canals, ditches, pumps and other facilities diverting therefrom. Distribution of water within water districts created pursuant to section 42-604, Idaho Code, shall be accomplished by watermasters as provided in this chapter and supervised by the director.

The director of the department of water resources shall distribute water in water districts in accordance with the prior appropriation doctrine. The provisions of chapter 6, title 42, Idaho Code, shall apply only to distribution of water within a water district.

History:

[(42-602) First paragraph: 1915, ch. 34, sec. 4, p. 103; second paragraph: 1903, p. 223, sec. 32; reen. R.C., sec. 3283; am. 1915, ch. 34, sec. 17, p. 112; reen. C.L., sec. 3270; C.S., sec. 5606; I.C.A., sec. 41-502; am. 1992, ch. 339, sec. 2, p. 1015; am. 1994, ch. 450, sec. 1, p. 1435.]
Idaho Code § 42-4218 — Idaho Code / Title 42 / Chapter 42 / Section 42-4218
42-4218 LIEN OF ASSESSMENT.
Status: in_force

42-4218. Lien of assessment. From and after January 1 of any year, all assessments, other than those levied against municipalities, shall be liens against the property of water users to which the water rights used to determine assessments are appurtenant. Such liens shall not be removed until the assessments are paid or the property is sold for the payment thereof.

History:

[42-4218, added 1978, ch. 293, sec. 1, p. 735.]
Idaho Code § 42-2915 — Idaho Code / Title 42 / Chapter 29 / Section 42-2915
42-2915 ASSESSMENT OF BENEFITS AGAINST HIGH LANDS.
Status: in_force

42-2915. Assessment of benefits against high lands. In determining the amount which each tract of land will be benefited by such proposed drainage system the commissioners shall consider the damage done to low land from seepage and saturation by irrigation water from high land, and the necessity for the carrying off of waste water, and such high lands shall be considered as being benefited to the extent and in the amount that such lands are responsible for damage to low lands from seepage and saturation by irrigation water.

History:

[(42-2915) 1913, ch. 16, sec. 9a, as added by 1915, ch. 42, sec. 2, p. 124; reen. C.L. 168:13; C.S., sec. 4506; I.C.A., sec. 41-2515.]
Idaho Code § 42-5124 — Idaho Code / Title 42 / Chapter 51 / Section 42-5124
42-5124 REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Status: in_force

42-5124. Redemption and sale of property subject to delinquent assessments. The manner in which property subject to a lien for nonpayment of assessments may be redeemed, and if not redeemed, shall be sold as provided in sections 43-712, 43-715 through 43-721, 43-724 and 43-726, Idaho Code, to the extent that the provisions thereof are in keeping with the provisions of this chapter.

History:

[42-5124, added 1987, ch. 349, sec. 1, p. 776.]
Idaho Code § 42-3803 — Idaho Code / Title 42 / Chapter 38 / Section 42-3803
42-3803 ALTERATION OF CHANNELS — PERMIT REQUIRED — PLANS.
Status: in_force

42-3803. Alteration of channels — Permit required — Plans. (a) No person shall engage in any project or activity which will alter a stream channel without first applying to and receiving a permit therefor from the director. Such application shall be submitted not less than sixty (60) days prior to the intended date of commencement of construction of such stream channel alteration and shall be upon forms to be furnished by the director or in such other form as deemed appropriate by memorandum of agreement with other state and federal agencies and shall be accompanied by plans of the proposed stream channel alteration and the statutory filing fee.

(b) The board shall provide that each permit granted shall show whether it constitutes a permit from the department of lands as authorized by the department of lands, or whether an additional permit from the department of lands shall be required.

(c) The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued pursuant to this section may include, but are not limited to, minimum standards to govern projects or activities for which a permit or permits have been received under this chapter and regulations governing procedures for processing applications and issuing permits under this chapter. Minimum standards and procedural regulations shall not be adopted pursuant to this section until after they have been offered for review and comment to other state agencies having an interest in activities regulated under this chapter. Any standards, rules, regulations and orders adopted or issued pursuant to this section shall be promulgated in accordance with the provisions of chapter 52, title 67, Idaho Code, to the extent that the provisions of chapter 52, title 67, Idaho Code, are not inconsistent herewith.

(d) The board may, by regulation, dispense with procedural requirements for permit application and approval contained in this chapter for projects and activities which, in all respects, at least meet minimum standards adopted pursuant to this section.

History:

[42-3803, added 1971, ch. 337, sec. 3, p. 1304; am. 1972, ch. 137, sec. 1, p. 303; am. 1974, ch. 20, sec. 34, p. 533; am. 1976, ch. 150, sec. 1, p. 539; am. 1994, ch. 292, sec. 2, p. 913.]
Idaho Code § 42-1746 — Idaho Code / Title 42 / Chapter 17 / Section 42-1746
42-1746 FUNDING, REFUNDING BONDS.
Status: in_force

42-1746. Funding, refunding bonds. The board may by resolution, from time to time, provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue or other warrants or bonds, and any premiums thereon, and coupons evidencing interest upon any such bonds at or before the maturity or first optional redemption date of such coupons, warrants or bonds, and may combine various outstanding revenue warrants and parts or all of various series and issues of outstanding revenue bonds and matured coupons in the amount thereof to be funded or refunded. Revenue bonds may be refunded only at maturity, upon call for redemption in accordance with their terms or with consent of the holder.

The board shall create a special fund or funds for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which fund the board shall obligate and bind the board to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the available revenue of the board sufficient to pay such principal and interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.

Such funding or refunding bonds shall be negotiable instruments within the provisions and intent of the negotiable instrument laws of this state.

The board may exchange such funding or refunding bonds for the warrants, bonds, and coupons being funded or refunded, or it may sell such funding or refunding bonds in the manner and at such price as the board shall deem to be in the best interest of the state, either at public or private sale, or may both exchange and sell.

The provisions of this act relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section.

History:

[42-1746, added 1965, ch. 319, sec. 8, p. 898.]
Idaho Code § 42-2921 — Idaho Code / Title 42 / Chapter 29 / Section 42-2921
42-2921 HEARING ON CONFIRMATION.
Status: in_force

42-2921. Hearing on confirmation. The remonstrants shall set forth objections to the confirmation of the report of the commissioners by stating separately, first, legal objections, second, issues of fact to be tried by the court, third, issues of fact to be tried by the jury. The district court of said county shall fix a time for the hearing of the objections giving such proceedings preference over other civil actions pending, and on demand of any person or corporation assessed for the cost of construction or awarded damages, may impanel a jury and take its verdict upon the trial of such issue, whether the amount of damages awarded by the commissioners is adequate, or whether the assessment of any remonstrant demanding the review is too high, and the court or jury may assess the same. All other issues arising on remonstrance shall be tried by the court, and if the court finds that the report requires modification the same may be referred to the commissioners who may be required to modify it in any respect. The report of the commissioners shall be prima facie evidence of the allegations therein set forth and the remonstrants shall be considered as plaintiffs and have the burden of establishing their objections thereto. In any case between the commissioners and any remonstrant the court may award and apportion the costs; costs awarded against the commissioners shall be paid out of the funds realized for the assessments made.

History:

[(42-2921) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:19; am. 1919, ch. 183, sec. 6, p. 558; C.S., sec. 4512; I.C.A., sec. 41-2521.]
Idaho Code § 42-2013 — Idaho Code / Title 42 / Chapter 20 / Section 42-2013
42-2013 ENTRY, SETTLEMENT, AND CULTIVATION OF LANDS — PUBLICATION OF NOTICE OF OPENING — PREFERENCE TO EX-SERVICE PERSONS.
Status: in_force

42-2013. Entry, settlement, and cultivation of lands — Publication of notice of opening — Preference to ex-service persons. Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractor, it shall be the duty of the director of the department of water resources, by publication once each week in some newspaper of the county in which said lands are situated, and one (1) newspaper at the state capital, for a period of four (4) weeks, to give notice that said land, or any part thereof as the director in his discretion may deem is for the best interests of the state, is open for settlement, the price for which said land will be sold to settlers by the state and the contract price at which settlers can purchase water rights or shares in such works provided, however, that in said notice two (2) dates of opening shall be stated, the first of which shall be at least thirty (30) days prior to the second. Said notice shall state that at the first opening only ex-service persons may participate in the entry and selection of land, and that on the day of opening all those present will be allowed to make a selection by lot, the method of drawing by lot to be determined by the director of the department of water resources; and that said notice shall state that due proof that they are ex-service persons, will be required of all applicants for the entry and selection of land at the first opening, and shall state what proof will be required.

For the purpose of any drawing and/or selection of land for entry under this section or section 42-2013A, Idaho Code, a husband and wife shall be allowed to join their entries and receive a total of three hundred twenty (320) acres in one drawing or selection. A spouse of an ex-service person, whether or not an ex-service person, shall be considered an ex-service person for the purpose of joining entries under the ex-service person preference granted in this act.

History:

[(42-2013) 1899, p. 282, ch. 2, sec. 16; am. 1901, p. 191, sec. 6; reen. R.C. & C.L., sec. 1625; C.S., sec. 3008; am. 1921, ch. 156, sec. 1, p. 348; I.C.A., sec. 41-1713; am. 1974, ch. 164, sec. 4, p. 1397.]
Idaho Code § 42-1763B — Idaho Code / Title 42 / Chapter 17 / Section 42-1763B
42-1763B INTERIM AUTHORITY FOR RENTAL OF WATER TO AUGMENT FLOWS FOR LISTED ANADROMOUS FISH.
Status: in_force

42-1763B. Interim authority for rental of water to augment flows for listed anadromous fish. (1) Legislative findings and intent regarding rental of water by the U.S. bureau of reclamation in the Snake River basin within Idaho to augment lower Snake River flows for anadromous fish listed under the endangered species act. The legislature finds that the U.S. bureau of reclamation proposes to release up to four hundred twenty-seven thousand (427,000) acre feet of leased or uncontracted water diverted from the Snake River basin to reservoir storage above Lewiston, and to lease or acquire up to sixty thousand (60,000) acre feet of consumptive natural flow water rights diverted and consumed below Milner dam and above Swan Falls dam from the mainstem of the Snake River to augment flows downstream of Hells Canyon dam during 2005 and through December 31, 2034. The state of Idaho is experiencing serious drought conditions and it is therefore uncertain whether this water will be available for rental for flow augmentation purposes in all years. The legislature further finds that authorization of this legislation is necessary for approval and implementation of the Snake River Water Rights Agreement of 2004 (Mediator's Term Sheet dated April 20, 2004, and submitted on that date to the SRBA Court in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with all appendices to the document), as approved, ratified, and confirmed by the 108th Congress of the United States in the "Snake River Water Rights Act of 2004," Pub. L. No. 108-447 (H.R. 4818), 118 Stat. 3431 to 3441 (December 8, 2004). Therefore, the legislature authorizes the U.S. bureau of reclamation to lease storage and natural flow water rights through the state water supply bank and local rental pools under the limited conditions of this section. Any rentals of water for flow augmentation under any other provision of law, including section 42-108A, Idaho Code, shall be subject to the limitations and conditions of this section and the Snake River Water Rights Agreement of 2004.

(2) Rental of water by the U.S. bureau of reclamation.

(a) Notwithstanding the legislative approval required in section 42-108, Idaho Code, any storage water released and any natural flow water rights leased or acquired by the bureau within the state of Idaho for listed anadromous fish pursuant to this section must be rented through the water bank operated by the Idaho water resource board pursuant to sections 42-1761 through 42-1764, Idaho Code, or, in the case of storage water releases, through local rental committees, created pursuant to section 42-1765, Idaho Code, under their respective water bank rules.

(b) For any rental of water pursuant to this section, the director shall not be required to determine under section 42-1763, Idaho Code, whether the water supply is sufficient for the purpose for which it is sought, whether the rental would cause the use of water to be enlarged beyond that authorized under the water right to be rented, whether such use is in the public interest, or whether such use is consistent with the factors enumerated under subsection (3) of section 42-401, Idaho Code.

(3) Conditions on water rentals.

(a) Any water made available under this section shall be obtained only from willing lessors. Any water rented under this section from sources located within a basin having a local rental committee established pursuant to section 42-1765, Idaho Code, or section 42-1765A, Idaho Code, shall be rented pursuant to this section only through the local rental committee.

(b) Storage water made available under this section shall be limited to four hundred twenty-seven thousand (427,000) acre feet annually, and natural consumptive flow water shall be limited to not more than the sixty thousand (60,000) acre feet annually, that accrue to natural flow water rights, acquired or leased by the U.S. bureau of reclamation pursuant to the terms of the Snake River Water Rights Agreement of 2004. These amounts shall be reduced by other water the U.S. bureau of reclamation provides for flow augmentation for listed anadromous fish from the Snake River basin above Lewiston.

(c) In no event shall the release of water under this section cause the water surface of Lake Cascade to be below the elevation required to maintain a storage volume of three hundred thousand (300,000) acre feet, fifty thousand (50,000) acre feet of which is dead space, which is currently estimated to be at an elevation of four thousand eight hundred nine and two-tenths (4,809.2) feet. In addition, the state of Idaho shall pursue a shaping agreement for any uncontracted water released from Lake Cascade under this section.

(d) The rental or use of water under this section shall be in compliance with any permit, applicable water quality rule and regulation or other requirements of the clean water act, shall not cause jeopardy to other species in the state of Idaho, and shall not result in significant adverse impacts to recreational uses of the waters of the Snake River basin in Idaho. The state of Idaho shall not require any restriction, modification, or condition on the diversion, storage, use, discharge of water, or land use to remedy or address violations of water quality standards or other clean water act requirements to the extent the rental or use of water by the U.S. bureau of reclamation under this section causes the violations.

(e) The U.S. bureau of reclamation shall submit a report to the director by January 15 of each year describing the time, volume and purpose of water provided for listed anadromous fish from the Snake River basin above Lewiston during the past year and shall report on the plan for the spring and summer chinook by April 1 and on the plan for the fall chinook by July 15 of each year.

(f) All water rented or used by the U.S. bureau of reclamation under this section from above Hells Canyon dam must be used for power production purposes within the state of Idaho.

(g) All water rented or used by the U.S. bureau of reclamation under this section shall be subject to the terms and conditions contained in the Snake River Flow Component of the Snake River Water Rights Agreement of 2004.

(h) Nothing herein shall entitle the U.S. bureau of reclamation to rent or use water for flow augmentation upon termination or expiration of the permission given in this section.

(4) Nothing in this section shall be construed to alter, or authorize the U.S. bureau of reclamation to modify in any way its existing contractual obligations, or to constitute a finding by the legislature that the rental or use of storage water or natural flow water rights for flow augmentation for listed anadromous fish or any other species is a beneficial use of water, that it is in the public interest, or whether such use injures existing water rights.

(5) This section shall not become effective until the director certifies to the governor that the U.S. bureau of reclamation's applications to transfer water right numbers 4616, 4617, 4618, 4623, 4625, 4626, 4627, 4628, 4629, 4630, 4631, 4632, 4633 and 4636, and to amend water right permit numbers 25-07004 and 63-3618 will be withdrawn, or held in abeyance while this section is in effect, and the governor further certifies that the biological opinions required by the Snake River Water Rights Agreement of 2004 have been issued.

(6) This act shall be null, void and of no force and effect upon the expiration or termination of the Snake River Flow Component of the Snake River Water Rights Agreement of 2004. In addition, it is the intent of the legislature to consider the repeal of this section in the event that any of the provisions of the Snake River Flow Component of the Snake River Water Rights Agreement of 2004 are modified or declared arbitrary, capricious or otherwise unlawful or set aside by any federal court or there is a finding of jeopardy by any federal court in regard to any biological opinions for projects operated by the U.S. bureau of reclamation in the Snake River basin in Idaho.

History:

[42-1763B, added 1996, ch. 282, sec. 1, p. 912; am. 2000, ch. 222, sec. 2, p. 616; am. 2001, ch. 394, sec. 1, p. 1372; am. 2002, ch. 349, sec. 1, p. 997; am. 2005, ch. 149, sec. 1, p. 462; am. 2005, ch. 400, sec. 1, p. 1363.]
Idaho Code § 42-1717 — Idaho Code / Title 42 / Chapter 17 / Section 42-1717
42-1717 JURISDICTION OVER SUPERVISION OF MAINTENANCE, OPERATION AND INSPECTION OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES.
Status: in_force

42-1717. Jurisdiction over supervision of maintenance, operation and inspection of dams and mine tailings impoundment structures. Supervision over the maintenance and operation of dams, reservoirs and mine tailings impoundment structures insofar as necessary to safeguard life and property from injury by reason of the failure thereof is vested in the director of the department of water resources. The director shall at state expense inspect or cause to be inspected, as often as he thinks advisable, every dam used for holding water and mine tailings impoundment structure used for holding tailings slurry in this state; however, all dams or mine tailings impoundment structures regulated by the department shall be inspected at least once every five (5) years, and if after any such inspection such dam or mine tailings impoundment structure, in the opinion of the director, is unsafe, and life or property liable to be endangered by reason thereof, the director shall give written notice and order by certified mail or by personal service upon the owner or owners to remove or repair the same so as to make it safe. If such owner or owners shall neglect or refuse to remove or repair the same after notice to that effect has been given in writing by the director, the director may draw off all or part of such water from behind such dam, embankment or mine tailings slurry from behind mine tailings impoundment structure and keep said water or mine tailings slurry drawn off until such time as the orders shall be complied with. In determining whether or not a dam, reservoir or mine tailings impoundment structure or proposed dam, reservoir or mine tailings impoundment structure constitutes or would constitute a danger to life or property, the director shall take into consideration the possibility that the dam, reservoir or mine tailings impoundment structure might be endangered by overtopping, seepage, settlement, erosion, cracking, earth movement or other conditions which exist or might occur in any area in the vicinity of the dam, reservoir or mine tailings impoundment structure.

No action shall be brought against the state, the water resource board, the director, or the department of water resources or their respective agents or employees for the recovery of damages caused by the partial or total failure of any dam, reservoir or mine tailings impoundment structure or through the operation of any dam, reservoir or mine tailings impoundment structure upon the ground that such defendant is liable by virtue of any of the following:

(a) The approval of the dam, reservoir or mine tailings impoundment structure.

(b) The issuance or enforcement of orders relative to maintenance or operation of the dam, reservoir or mine tailings impoundment structure.

(c) Control and regulation of the dam, reservoir or mine tailings impoundment structure.

(d) Measures taken to protect against failure during an emergency.

(e) The use of design and construction criteria prepared by the department.

(f) The failure to issue or enforce orders, to control or regulate dams, or to take measures to protect against dam failure.

No action shall be brought by the state against the owner for pollution which may occur in the event that the director orders emergency dumping or bypassing.

Nothing in this part shall be construed to relieve an owner or operator of a dam, reservoir or mine tailings impoundment structure of the legal duties, obligations or liabilities incident to the ownership or operation of the dam, reservoir or mine tailings impoundment structure.

The findings and orders of the director and the certificate of approval of any dam, reservoir or mine tailings impoundment structure issued by the director are final and conclusive and binding upon all state agencies, regulatory or otherwise, as to the safety of design, construction, maintenance and operation of any dam, reservoir or mine tailings impoundment structure.

The director may require owners to keep records of, and to report on, maintenance, operation, staffing and engineering and geologic investigations, and the water resource board shall issue such rules as necessary to secure maintenance and operation and to require staffing and engineering and geologic investigations which will safeguard life and property. In addition, the owner of a dam, reservoir or mine tailings impoundment structure or his agent shall fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the safety of the dam, reservoir or mine tailings impoundment structure. The director, from time to time, shall make inspections of dams, reservoirs and mine tailings impoundment structures at state expense for the purpose of determining their safety, but shall require owners to perform at their expense such work as necessary to disclose information sufficient to enable the director to determine conditions of dams, reservoirs, and mine tailings impoundment structures in regard to their safety and to perform at their expense other work necessary to secure maintenance and operation which will safeguard life and property.

History:

[42-1717, added 1969, ch. 280, sec. 8, p. 833; am. 1974, ch. 20, sec. 18, p. 533; am. 1978, ch. 309, sec. 8, p. 791; am. 1987, ch. 225, sec. 1, p. 477; am. 2004, ch. 168, sec. 1, p. 546.]
Idaho Code § 42-3240 — Idaho Code / Title 42 / Chapter 32 / Section 42-3240
42-3240 ANNEXATION OR WITHDRAWAL OF AREA IN A CITY.
Status: in_force

42-3240. annexation or withdrawal of area in a city. Any area embraced within the limits of any city may be annexed into or withdrawn from a water and/or sewer district organized under this chapter in accordance with the following:

(1) The city council of the city and the board of directors of the water and/or sewer district approve the terms and conditions of the annexation or withdrawal by ordinance or resolution.

(a) In the event any of the area within any city, subject to annexation to or withdrawal from a water and/or sewer district is being served by an existing city or district water or sewer system, the following conditions must exist, which conditions must be stated in the city's and the district's ordinance or resolution:

(i) The annexing district or, upon a withdrawal, the city is capable of providing all the essential functions of the existing system;

(ii) The annexing district or, upon a withdrawal, the city has agreed to assume and perform the essential existing system functions;

(iii) The annexing district or, upon a withdrawal, the city either has or is acquiring sufficient assets, infrastructure and other resources to perform the essential operations of the existing system;

(iv) Provisions have been made for the retirement, payment or assumption of any debt, bonds or other liabilities and obligations of the existing system;

(v) Provisions have been made for the liquidation and disbursement of the existing system assets and infrastructure not intended to be transferred;

(vi) Provisions have set forth requirements for post-annexation or withdrawal operations and may also provide that the annexed area be designated as a district subdistrict and provide for director zones;

(vii) That notice of the proposed annexation or withdrawal and transfer has been published once a week for two (2) consecutive weeks preceding the hearing in a newspaper of general circulation in the city and the district, including information on filing a petition for an election on the proposed transfer; and

(viii) That an election has been held, if required pursuant to paragraph (d) of this subsection, and the transfer has been approved by a majority of the qualified electors of the district and city voting on the issue.

(b) Prior to passage of a resolution making the required determination, the city council and the district board of directors shall hold a joint hearing to receive public testimony on the proposed transfer. The joint public hearing shall be preceded by a joint notice published once a week for two (2) consecutive weeks preceding the hearing in a newspaper of general circulation in the city and the district. The notice shall state the date, time and location of the joint public hearing and that the purpose of the hearing is to receive public testimony on the proposed annexation or withdrawal, transfer and agreement of operations and the method for a petition of qualified electors of the city and the district to be submitted requesting an election to approve the proposed annexation or withdrawal, transfer and agreement of operations.

(c) After the joint public hearing, the city council and the district board of directors, by majority vote of both governing bodies, may jointly submit the proposed transfer to the qualified electors of the city and the district or shall take the matter under advisement for a period of thirty (30) days after the hearing. An election shall be held if, prior to the expiration of the thirty (30) day period, a petition signed by at least ten percent (10%) of the qualified electors of the city and/or the district is submitted requesting an election on the proposed annexation or withdrawal, transfer and agreement of operations. If at the end of the thirty (30) day period no petition has been submitted with the required number of signatures, the city council and the district board of directors may proceed to adopt a resolution or ordinance finding the above conditions exist and approving the annexation or withdrawal, transfer and agreement of operations.

(d) An election held pursuant to the provisions of this subsection shall be conducted according to the provisions of section 34-106, Idaho Code, and the proposed annexation or withdrawal, transfer and agreement of operations shall be approved by a majority of the qualified electors of the city and a majority of the qualified electors of the district voting on the issue in order for the city council and the district board of directors to proceed to adopt a resolution or ordinance approving the annexation or withdrawal, transfer and agreement of operations.

(2) In the event the city council and district board of directors approve the terms and conditions of the annexation or withdrawal, transfer and agreement of operations by ordinance or resolution, the city and district shall jointly file with the district court in which the majority of the area of the district and city are located a certified copy of the city's ordinance or resolution and the district's ordinance or resolution; certified results of the election approving the annexation or withdrawal, transfer and agreement of operations, if applicable; and all other necessary documentation requested by the district court. Upon satisfying itself that the required conditions of this section exist, the district court shall enter an order approving the annexation or withdrawal, transfer and agreement of operations and establish the date on which the annexation or withdrawal and transfer of assets shall occur and the effective date of the agreement of operations; provided however, upon good cause shown, the court may extend the annexation or withdrawal and transfer of assets date and the effective date of the agreement of operations. Such orders shall be recorded with the county recorder and filed with the county assessor in the counties within which the district and the city are located and filed with the state tax commission within thirty (30) days following the effective date of such annexation or withdrawal, transfer and agreement of operations.

(3) If the ordinance or resolution approved by the city and the district includes an agreement of operations setting forth the requirements for post-annexation or withdrawal system operations, the district in an annexation and the city in a withdrawal shall operate the sewer and/or water system(s) in accordance with the agreement.

(4) The provisions of this section do not apply to any petition filed with the board for the annexation of real property by landowners pursuant to section 42-3218, Idaho Code.

History:

[42-3240, added 2016, ch. 278, sec. 4, p. 767.]
Idaho Code § 42-4114 — Idaho Code / Title 42 / Chapter 41 / Section 42-4114
42-4114 DISTRICT NOT LIABLE ON BONDS.
Status: in_force

42-4114. District not liable on bonds. Bonds issued pursuant to the water and sewer district revenue bond act shall not be a debt of the district and the district shall not be liable thereon, nor shall they be payable out of any funds other than the revenue pledged to the payment thereof. Each bond issued under the water and sewer district revenue bond act shall recite, in substance, that said bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof. Bonds may be issued under the water and sewer district revenue bond act notwithstanding and without regard to any limitation or restriction on the amount or percentage of indebtedness, or of outstanding obligations of a district.

History:

[42-4114, added 1976, ch. 62, sec. 1, p. 219.]
Idaho Code § 42-2928 — Idaho Code / Title 42 / Chapter 29 / Section 42-2928
42-2928 LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT.
Status: in_force

42-2928. Lands of state and its subdivisions — Assessment. In case lands belonging to the state, county, school district or other public corporation are benefited by any improvement instituted under the provisions of this chapter, all benefits shall be assessed against said lands, and the same shall be paid by the proper authorities of such public corporations at the same time and in the same manner as assessments are called and paid in cases of private persons, out of any general fund of such corporations.

History:

[(42-2928) 1913, ch. 16, sec. 36, p. 58; reen. C.L. 168:26; C.S., sec. 4519; I.C.A., sec. 41-2528.]
Idaho Code § 42-2959 — Idaho Code / Title 42 / Chapter 29 / Section 42-2959
42-2959 REGISTRATION OF BONDS.
Status: in_force

42-2959. Registration of bonds. Before the bonds are delivered to the purchaser they shall be presented to the county treasurer, who shall register them in a book kept for that purpose, and known as the bond register, in which register he shall enter the number of each bond, the date of issue, the maturity, amount and rate of interest, to whom and when payable, and the proceeds derived from the sale of said bonds shall in all cases be paid by the purchaser thereof to the county treasurer.

History:

[(42-2959) 1913, ch. 16, sec. 31, p. 58; reen. C.L. 168:56; C.S., sec. 4550; I.C.A., sec. 41-2559.]
Idaho Code § 42-1004 — Idaho Code / Title 42 / Chapter 10 / Section 42-1004
42-1004 CONDUCT OF HEARING — ORDER — APPEAL.
Status: in_force

42-1004. Conduct of hearing — Order — Appeal. Said board of commissioners may adjourn or postpone any hearing from time to time as may be found necessary; but when in session they shall hear and examine all legal testimony or proofs offered by any party interested as aforesaid, as well as concerning the original cost and present value of the works and structure of such ditch, canal or conduit, as well as the cost and expense of maintaining and operating the same, and all matters which may affect the establishment of reasonable maximum rates for water to be furnished and delivered therefrom, and they may issue subpoenas for witnesses, which subpoenas shall be served in the same manner in which subpoenas are served in civil cases; and said board may also issue subpoenas for the production of all books and papers required before them. The district court of the proper county, or the judge thereof in vacation, may, in case of refusal to obey the subpoenas of the board of county commissioners, compel obedience thereto, or punish for refusal to obey after hearing as in cases of attachment for contempt of such district court. Upon hearing and considering all the evidence and facts and matters involved in the case, said board of county commissioners shall enter an order describing the ditch, canal or conduit, or other water-works in question, with sufficient certainty, and fixing a just and reasonable maximum rate of compensation for water thereafter delivered from such ditch or other water-works as last aforesaid, within the county in which such commissioners act; and such rate shall not be changed within one (1) year from the time when such rate shall be so fixed: provided, that an appeal may be taken to the district court from any act, order or proceeding of the board by any person or corporation aggrieved thereby, as in other cases under the general statute of the state of Idaho, governing appeals from an order or proceeding of the board of county commissioners.

History:

[(42-1004) 1899, p. 380, sec. 29; am. 1905, p. 3, sec. 1; reen. R.C. & C.L., sec. 3297; C.S., sec. 5644; I.C.A., sec. 41-904.]
Idaho Code § 42-3917 — Idaho Code / Title 42 / Chapter 39 / Section 42-3917
42-3917 CIVIL PENALTIES — INJECTION OF HAZARDOUS AND RADIOACTIVE WASTES.
Status: in_force

42-3917. Civil penalties — Injection of hazardous and radioactive wastes. Any person who constructs, operates, maintains, converts, plugs, abandons, or conducts any other activity in a manner that results or may result in the unauthorized injection of a hazardous waste or of a radioactive waste through an injection well shall be in violation of section 42-3902A, Idaho Code, and subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each day in which such action occurs. The director shall have the authority to file an action in the appropriate district court to impose, assess and recover said civil penalties.

History:

[42-3917, added 1984, ch. 155, sec. 18, p. 380.]
Idaho Code § 42-237 — Idaho Code / Title 42 / Chapter 2 / Section 42-237
42-237 ABANDONMENT OF WATER RIGHT — CHANGE OF POINT OF DIVERSION AND PLACE OF USE.
Status: in_force

42-237. Abandonment of water right — Change of point of diversion and place of use. The provisions relating to loss of water rights by nonuse and abandonment, as set forth in section 42-222, shall apply to ground water rights. The provisions of section 42-222, relating to change of point of diversion and change of place of use of water, shall be applicable to waters accruing from water rights, provided, that the withdrawal of waters from the same ground water supply at another location in lieu of withdrawal at the original location shall be considered a change of point of diversion.

History:

[42-237, added 1951, ch. 200, sec. 12(14), p. 423; am. 1953, ch. 182, sec. 7, p. 277.]
Idaho Code § 42-5210 — Idaho Code / Title 42 / Chapter 52 / Section 42-5210
42-5210 QUALIFICATIONS OF VOTERS FOR DISTRICT ELECTIONS.
Status: in_force

42-5210. Qualifications of voters for district elections. (1) Any ground water irrigator, and any nonirrigator who is a member for all purposes, within the proposed district shall be entitled to vote at any election held under the provisions of this chapter. The production of documentation of a water right as described in section 42-5201(16), Idaho Code, shall be sufficient evidence of ground water use for purposes of acting as an elector under this chapter. A representative of a ground water user shall be so designated by written proxy signed by the ground water user except that the vote of a state, city or county government may be cast by an elected or appointed official of the agency, or his designee. A corporation or partnership shall vote or otherwise act by a single individual who is authorized by the corporation or partnership to act on its behalf. A corporation or partnership must furnish the election officials a written designation stating the name of the individual who is authorized to vote and otherwise act for the corporation or partnership.

(2) Any ground water user who becomes a member of a district solely for mitigation purposes:

(a) Shall be entitled to vote only in those district elections concerning whether to incur indebtedness as specified in section 42-5234, Idaho Code; and

(b) Shall be ineligible to nominate directors or officers of the district, to serve in such capacities, or otherwise to participate in the governance of the district.

(3) A nonirrigator may participate in the election to determine whether a district will be formed only according to the following provisions:

(a) The nonirrigator shall notify the judges of election in writing at least ten (10) working days prior to the date of the election that such person supports the formation of the district, elects to become either a member for all purposes, or a member only for mitigation purposes as described in section 42-5214, Idaho Code, should it be formed, and, by such notice, casts its vote(s) in favor of formation.

(b) The notification shall contain a legal description of the land through which the nonirrigator places ground waters to beneficial use, a statement of the amount of such person's ground water right in cubic feet per second of diversions, and a copy of the ground water right documentation described in section 42-5201(16), Idaho Code.

(c) Once the judges of election have accepted the notification described in subsection (3)(b) of this section, they shall duly record the nonirrigator's vote(s) in favor of district formation in the canvassing of votes carried out pursuant to section 42-5213, Idaho Code.

(d) If the voting results in the formation of the district, the nonirrigator who provided such notification thereafter shall be a full member or member for mitigation purposes of such district, whichever the case may be, and shall have all obligations, rights, and limitations attaching thereto.

(4) Each ground water user shall have one (1) vote for each cubic foot per second, or proportion thereof (rounded to the nearest tenth of a cubic foot per second), for which such ground water user holds a ground water right whose point of diversion is within the proposed district boundaries.

History:

[42-5210, added 1995, ch. 290, sec. 1, p. 988; am. 1996, ch. 298, sec. 4, p. 981; am. 2005, ch. 367, sec. 2, p. 1157.]
Idaho Code § 42-2020 — Idaho Code / Title 42 / Chapter 20 / Section 42-2020
42-2020 SETTLEMENT AFTER NOTICE OF AVAILABILITY OF WATER.
Status: in_force

42-2020. Settlement after notice of availability of water. Where land was unentered at the time that the person, company or corporation authorized to construct irrigation works under the provisions of this chapter gave notice to the settlers under such works that they were prepared to furnish water under the term of their contract with the state, then such settlers or any new entryman entering land after such notice shall have the same time in which to make cultivation, proof and reclamation as is provided in section 42-2019, that is to say, that the time shall start from the date of entry instead of from the date of the notice given.

History:

[(42-2020) R.C., sec. 1628a, as added by 1913, ch. 125, sec. 1, p. 472; reen. C.L., sec. 1628a; C.S., sec. 3015; I.C.A., sec. 41-1720.]
Idaho Code § 42-4216 — Idaho Code / Title 42 / Chapter 42 / Section 42-4216
42-4216 POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.
Status: in_force

42-4216. Power to incur indebtedness — Assessments to secure repayment. In order to secure funds for the construction of diversion works and facilities of the district, or the construction of any capital improvements thereto, the board of directors may, by resolution duly adopted and entered upon the minutes, incur indebtedness by contract with a money-lending institution; provided, however, that the term of such indebtedness shall not exceed ten (10) years. To secure the repayment of any indebtedness so incurred, the board shall levy assessments over the term of the indebtedness in amounts sufficient to repay the interest and principal as it falls due. Such assessments shall be levied in the manner and shall be subject to the limitations set forth in section 42-4215, Idaho Code.

History:

[42-4216, added 1978, ch. 293, sec. 1, p. 734.]
Idaho Code § 42-2962 — Idaho Code / Title 42 / Chapter 29 / Section 42-2962
42-2962 LEVY OF AND LIMITATION ON ASSESSMENTS.
Status: in_force

42-2962. Levy of and limitation on assessments. The commissioners may also levy assessments for any expense necessarily incurred by them for construction, maintenance, repair, or any extraordinary reasons, and also may add to said assessment sufficient to pay any deficiency occurring the preceding year or any other unpaid warrant indebtedness, if any, or to pay any outstanding warrants: provided, that any assessments to be hereafter made by any drainage commissioners to pay for the payment or retirement of any bonds or warrants shall not exceed twenty percent (20%) of the original cost of organization and construction, and said assessment for the payment or retirement of any bonds or warrants shall be in addition to the assessments which may be levied under this section or section 42-2936, Idaho Code, and such assessments, when made, shall be apportioned under section 42-2961, Idaho Code, and collected as hereinbefore provided for.

History:

[(42-2962) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, part of sec. 1, p. 82; C.S., sec. 4553; I.C.A., sec. 41-2562; am. 2012, ch. 106, sec. 3, p. 283; am. 2018, ch. 92, sec. 3, p. 198.]
Idaho Code § 42-2026 — Idaho Code / Title 42 / Chapter 20 / Section 42-2026
42-2026 LIEN FOR PURCHASE PRICE OF WATER RIGHT.
Status: in_force

42-2026. Lien for purchase price of water right. Any person, company or association, furnishing water for any tract of land, shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of said land; said lien to remain in full force and effect until the last deferred payment for the water right is fully paid and satisfied according to the terms of the contract under which said water right was acquired.

History:

[(42-2026) 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. 1629c; C.S., sec. 3019; I.C.A., sec. 41-1726.]
Idaho Code § 42-5129 — Idaho Code / Title 42 / Chapter 51 / Section 42-5129
42-5129 EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.
Status: in_force

42-5129. Effect of exclusion on liability for assessments. Any water user excluded from the district on the grounds specified in subsection (1) of section 42-5126, Idaho Code, shall not be subject to assessment by the district for any purpose. Any water user excluded from the district on the grounds specified in subsection (2) of section 42-5126, Idaho Code, shall not be subject to assessment for operation of the district or for assessment expenses after the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but shall remain subject to the following liabilities until discharged:

(1) Such excluded water user shall remain liable for payment of assessments previously levied and unpaid at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion.

(2) Such excluded water user, notwithstanding his exclusion, shall remain liable to pay his proportionate share, such share to be computed as specified in section 42-5113, Idaho Code, of any indebtedness of the district already incurred and outstanding at the time of the entry of the order of exclusion, or in case of appeal, the effective date of exclusion, but such water user shall not be liable upon any indebtedness incurred thereafter.

Any water user, as defined in section 42-5102, Idaho Code, who, after exclusion, remains subject to either or both of the liabilities specified herein shall, in addition, remain subject to the provisions of sections 42-5121, 42-5122, 42-5123 and 42-5124, Idaho Code, until such liabilities have been discharged.

Upon the discharge of any liability, the district shall issue to the water user its certificate of full payment executed by the chairman of the board and the secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the property of the water user affected by such liability and the discharge thereof is situated.

History:

[42-5129, added 1987, ch. 349, sec. 1, p. 778.]
Idaho Code § 42-1304 — Idaho Code / Title 42 / Chapter 13 / Section 42-1304
42-1304 LATERAL MANAGER — APPOINTMENT BY WATER DELIVERY ORGANIZATION.
Status: in_force

42-1304. Lateral manager — appointment by water delivery organization. (1) If an association's water users do not elect or otherwise appoint a lateral manager pursuant to section 42-1302 or 42-1303, Idaho Code, the board of directors of the water delivery organization that delivers water to the lateral may, upon the written request of one (1) or more of the association's water users, appoint and set the compensation of a lateral manager. Such compensation shall be assessed to the water users pursuant to this chapter and may be collected in the same manner as other assessments are collected by the water delivery organization.

(2) A lateral manager appointed pursuant to this section shall:

(a) Have and exercise all of the powers and perform all of the duties of a lateral manager as described in this chapter; and

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

History:

[42-1304, added 2026, ch. 112, sec. 17, p. 571.]
Idaho Code § 42-3903 — Idaho Code / Title 42 / Chapter 39 / Section 42-3903
42-3903 DEEP INJECTION WELLS — CONSTRUCTION — MODIFICATION — USE — PERMIT REQUIRED.
Status: in_force

42-3903. deep injection wells — Construction — Modification — Use — Permit required. No new deep injection well shall be constructed after the effective date of this act unless a permit therefor has been issued by the director of the department of water resources. No deep injection well existing on the effective date of this act shall be modified after the effective date of this act unless a permit therefor has been issued by the director. No deep injection well existing on the effective date of this act shall continue to be used and maintained unless a permit has been issued by the director.

History:

[42-3903, added 1971, ch. 301, sec. 3, p. 1235; am. 1974, ch. 20, sec. 38, p. 533; am. 2011, ch. 110, sec. 3, p. 288; am. 2024, ch. 20, sec. 2, p. 163.]
Idaho Code § 42-1712 — Idaho Code / Title 42 / Chapter 17 / Section 42-1712
42-1712 CONSTRUCTION, ENLARGEMENT, ALTERATION OR REPAIR OF DAMS — SUBMISSION OF DUPLICATE PLANS, DRAWINGS AND SPECIFICATIONS.
Status: in_force

42-1712. Construction, enlargement, alteration or repair of dams — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or repairs as may affect the safety of the dam or reservoir, any dam, for the purpose of storing or appropriating or diverting any of the waters of this state, when the same is to be ten (10) feet or more in height and having a storage capacity of fifty (50) acre-feet or more, except as otherwise in this chapter provided, shall submit duplicate plans, drawings and specifications of the proposed work to the director, and construction of a new dam or enlargement, or alteration or repairs shall not be commenced until the owner has applied for and obtained written approval of the plans, drawings and specifications.

Owners of dams under construction on the effective date of this legislation and for which plans, drawings and specifications are required but have not been approved on or before the effective date of this legislation shall submit such plans, drawings and specifications for approval, with the fee established hereinafter. The director shall give notice to owners to submit plans, drawings and specifications, and failure to submit plans, drawings and specifications for approval within thirty (30) days of the date of mailing the notice shall be punishable as provided in this act, and construction shall be stopped upon issuance of an order by the director unless for good cause shown as determined by the director further time is allowed. The notice and/or order provided for in this paragraph may be given by certified mail and a return receipt signed by the owner or responsible company shall constitute prima facie evidence of service.

Upon receipt of the plans, drawings and specifications, the director shall give consideration thereto and shall approve or disapprove the same within the time provided in this section, and if he approves them, the director shall affix his approval thereto and return one (1) copy of each such plans, drawings and specifications, with his approval, to the party or parties proposing to construct the works.

Plans, drawings and specifications submitted to the director complete with fees shall be approved or disapproved in no more than sixty (60) days and in no less than fourteen (14) days after receipt. Defective plans, drawings and specifications made in a bona fide attempt to conform to the law and rules of the water resource board shall not be rejected but notice of defect shall be sent to the owner by certified mail. If within thirty (30) days of the date of mailing the notice the owner does not file amended and perfected plans, drawings and specifications, the plans, drawings and specifications shall be rejected and canceled unless for good cause shown the director allows the owner further time.

The construction of all dams under plans, drawings and specifications approved by the director shall be pursued with reasonable diligence to completion. In the event that an owner fails to commence actual construction and maintain reasonable construction progress of the dam under the plans, drawings and specifications approved by the director prior to or after the effective date of this act, such approval may be voided by the director one (1) year after such approval. Notice of the intent to void any such approval shall be sent by the director to the owner by certified mail and said owner shall be allowed thirty (30) days within which to show cause why such approval should not be voided. The director may grant additional time within which to commence the construction under plans, drawings and specifications approved by the director upon a showing of reasonable cause. Plans, drawings and specifications for which approval has become void must be resubmitted for approval, with the fee therefor as hereafter provided, prior to commencing construction of any such dam.

The plans, drawings and specifications shall include the following information:

(a) The name and address of the owner.

(b) The location, type, size and height of the proposed dam or reservoir and appurtenant works.

(c) The storage capacity of the reservoir.

(d) Such other pertinent information as the director may require including the following:

(1) Data concerning subsoil and foundation conditions and materials entering into construction of the dam or reservoir.

(2) Investigations of, and reports on subsurface conditions involving such matters as exploratory pits, trenches, and adits, drilling, coring, geophysical surveys, tests to determine leakage rates, and physical tests to measure in place the properties and behavior of foundation materials at the dam or reservoir site.

(3) Investigation of and reports on the geology of the dam or reservoir site and its vicinity, possible geological hazards, availability and quality of construction materials, and other pertinent factors.

The plans, drawings and specifications shall be of such character and size setting forth such pertinent details and dimensions and in such form as the director requires. Plans, drawings and specifications which are submitted to the department shall be prepared by or under the direction of a professional engineer and authenticated by him as provided in section 54-1215, Idaho Code.

Where said dam is, in the opinion of the director, not of sufficient importance to have the provisions of the section apply to such dam, then the director shall have power, upon written application, to suspend the provisions of this section in regard to such dam.

The director shall prepare design and construction criteria for artificial barriers or embankments that store water, that are not dams as defined in this chapter, and shall supply such criteria upon request to any interested person to aid in constructing such artificial barriers or embankments. The use of such criteria shall in no way relieve the owner of responsibility for adequacy of design and construction procedures, nor be the basis of liability for any city or county that grants a permit related to construction of the artificial barrier or embankment pursuant to the provisions of chapter 65, title 67, Idaho Code.

History:

[42-1712, added 1969, ch. 280, sec. 3, p. 833; am. 1974, ch. 20, sec. 13, p. 533; am. 2004, ch. 180, sec. 2, p. 566; am. 2016, ch. 206, sec. 3, p. 580.]
Idaho Code § 42-202 — Idaho Code / Title 42 / Chapter 2 / Section 42-202
42-202 APPLICATION TO APPROPRIATE WATER — CONTENTS — FILING FEES — DISPOSITION OF FEES — RECORD OF RECEIPTS.
Status: in_force

42-202. Application to appropriate water — Contents — Filing fees — Disposition of fees — Record of receipts. (1) For the purpose of regulating the use of the public waters and of establishing by direct means the priority right to such use, any person, association or corporation hereafter intending to acquire the right to the beneficial use of the waters of any natural streams, springs or seepage waters, lakes or ground water, or other public waters in the state of Idaho, shall, before commencing of the construction, enlargement or extension of the ditch, canal, well, or other distributing works, or performing any work in connection with said construction or proposed appropriation or the diversion of any waters into a natural channel, make an application to the department of water resources for a permit to make such appropriation. Provided however, if the use of the diversion works or irrigation system is represented by shares of stock in a corporation or if such works or system is owned or managed by an irrigation district, no such application may be approved by the director of the department of water resources without the consent of such corporation or irrigation district. Such application must set forth:

(a) The name and post-office address of the applicant.

(b) The source of the water supply.

(c) The nature of the proposed use or uses and the period of the year during which water is to be used for such use or uses.

(d) The location of the point of diversion and description of the proposed ditch, channel, well or other work and the amount of water to be diverted and used.

(e) The time required for the completion of construction of such works and application of the water to the proposed use.

(2) An application proposing an appropriation of water by a municipal provider for reasonably anticipated future needs shall be accompanied by sufficient information and documentation to establish that the applicant qualifies as a municipal provider and that the reasonably anticipated future needs, the service area, and the planning horizon are consistent with the definitions and requirements specified in this chapter. The service area need not be described by legal description nor by description of every intended use in detail, but the area must be described with sufficient information to identify the general location where the water under the water right is to be used and the types and quantity of uses that generally will be made. An application for reasonably anticipated future needs for or including geothermal heating and cooling shall include sufficient information and documentation to demonstrate where and how injection of the diverted low temperature geothermal water is or will be accomplished.

(3) Whenever it is desired to appropriate and store flood or winterflow waters, the applicant shall specify in acre feet the quantity of such flood or winterflow waters which he intends to store, but for irrigation purposes he shall not claim more than five (5) acre feet of stored water per acre of land to be irrigated, nor, in the event of the filing of an application claiming both normal flow and flood water and winterflow water, shall the total amount of water claimed exceed the equivalent of a continuous flow during the irrigation season of more than one (1) cubic foot per second for each fifty (50) acres of land to be irrigated, or more than five (5) acre feet of stored water for each acre of land to be irrigated.

(4) The application shall be accompanied by a plan and map of the proposed works for the diversion and application of the water to a beneficial use, showing the character, location and dimensions of the proposed reservoirs, dams, canals, ditches, pipelines, wells and all other works proposed to be used by them in the diversion of the water, and the area and location of the lands proposed to be irrigated, or location of place of other use.

(5) If the application involves more than twenty-five (25) cubic feet per second of water or the development of more than five hundred (500) theoretical horsepower, or impoundment of water in a reservoir with an active storage capacity in excess of ten thousand (10,000) acre feet, the applicant may be required by the director of the department of water resources to furnish a statement of the financial resources of the corporation, association, firm or person making the application, and the means by which the funds necessary to construct the proposed works are to be provided, and the estimated cost of construction; and if such application is made by a corporation, the amount of its capital stock, how much thereof has been actually paid in, and the names and places of residence of its directors; and if for the generation of power or any other purpose than irrigation or domestic use, the purpose for which it is proposed to be used, the nature, location, character, capacity and estimated cost of the works, and whether the water used is to be and will be returned to the stream, and if so, at what point on the stream.

(6) In case the proposed right of use is for agricultural purposes, the application shall give the legal subdivisions of the land proposed to be irrigated, with the total acreage to be reclaimed as near as may be; provided, that no one shall be authorized to divert for irrigation purposes more than one (1) cubic foot of water per second of the normal flow for each fifty (50) acres of land to be so irrigated, or more than five (5) acre feet of stored water per annum for each acre of land to be so irrigated, unless it can be shown to the satisfaction of the department of water resources that a greater amount is necessary. Provided further, that the plan of irrigation submitted shall provide for the distribution of water to within not more than one (1) mile of each legal subdivision of the land proposed to be reclaimed by the use of such water; provided also, that in the case of all ditches designed to have a capacity of ten (10) cubic feet per second or less, such map showing the location of such ditch, and the place of use of such water, or the location of the lands to be irrigated, may be upon blanks furnished by the department of water resources.

(7) No application shall be accepted and filed by the department of water resources until the applicant shall have deposited with the department a filing fee as in this chapter provided.

(8) All moneys received by the department of water resources under the provisions of this chapter shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the department of water resources incurred in carrying out the provisions of this chapter.

(9) Such expense shall be paid by the state controller in the manner provided by law, upon vouchers duly approved by the state board of examiners, for the work performed under the direction of the department of water resources. The department of water resources shall keep a record of all filing fees received in connection with applications for permits to appropriate public waters.

(10) Provided further, that rights initiated prior to the enactment of this amendment, so far as it pertains to flood and winterflow waters, shall not be affected thereby.

(11) Provided further, that water rights held by municipal providers prior to July 1, 1996, shall not be limited thereby.

History:

[(42-202) 1903, p. 223, sec. 1; am. 1905, p. 357, sec. 1; reen. R.C., sec. 3253; am. 1913, ch. 37, sec. 1, p. 136; reen. C.L., sec. 3253; C.S. sec. 5569; am. 1929, ch. 281, sec. 1, p. 675; I.C.A., sec. 41-202; am. 1935, ch. 145, sec. 1, p. 353; am. 1967, ch. 374, sec. 1, p. 1079; am. 1973, ch. 184, sec. 1, p. 428; am. 1994, ch. 180, sec. 83, p. 482; am. 1996, ch. 297, sec. 1, p. 968; am. 2012, ch. 120, sec. 1, p. 335; am. 2026, ch. 65, sec. 1, p. 266.]
Idaho Code § 42-1107 — Idaho Code / Title 42 / Chapter 11 / Section 42-1107
42-1107 RIGHT OF WAY FOR DRAINS.
Status: in_force

42-1107. Right of way for drains. Whenever the owner or owners of any parcel or parcels of land desire to construct a drain for the purpose of carrying off surplus water, and they cannot agree among themselves or with the parties who own land below through which it is expedient to carry the drain in order to reach a natural waterway, then proceedings may be had in the same manner as in cases of eminent domain affecting irrigating works of diversion, and the right of way for such drains shall be regarded as equal to that of irrigation canals.

History:

[(42-1107) 1911, ch. 125, sec. 1, p. 413; reen. C.L., sec. 3304a; C.S., sec. 5652; I.C.A., sec. 41-1007.]
Idaho Code § 42-2815 — Idaho Code / Title 42 / Chapter 28 / Section 42-2815
42-2815 INTEREST — PREMIUM ON BONDS.
Status: in_force

42-2815. Interest — Premium on bonds. The amount that each tract of land, public or corporate road or railroad shall be liable for on account of the establishment of any irrigation or drainage project under the provisions of this chapter shall bear interest from the date of the filing of the auditor's statement in the county recorder's office at a rate of interest not exceeding six per cent (6%) per annum until paid, such rate of interest to be fixed and determined by the board of county commissioners at the time of establishing such project: provided, that when bonds are issued by the county for the construction or establishment of such project, the same rate of interest shall be charged as said bonds so issued bear: provided, further, that in any case and at any time after the establishment of any project and in the event there is not sufficient money in the sinking fund for the purpose the board of county commissioners may upon such notice as shall be ordered and upon a showing of the necessity to provide funds to meet payments due or maturing on the bonds issued under this chapter, either change or modify any order previously made fixing and determining a rate of interest or fix the rate of interest in the case the same has not been previously fixed or change the existing rate of interest, the same to remain in effect until such time as the amount in the sinking fund is sufficient for such purpose. All interest shall constitute an additional lien on said land or lots until fully paid, which said interest when about to be paid shall be computed by the county auditor. If bonds are sold at a premium, such premium shall become a part of the sinking fund herein provided.

History:

[(42-2815) 1921, ch. 222, sec. 15, p. 492; I.C.A., sec. 41-2415.]
Idaho Code § 42-4210 — Idaho Code / Title 42 / Chapter 42 / Section 42-4210
42-4210 CANVASS OF RETURNS — DECLARATION OF WINNERS.
Status: in_force

42-4210. Canvass of returns — Declaration of winners. On the first Monday after each election, or at a time designated by the board of directors, the board shall meet at its usual place of meeting and proceed to canvass the returns. By order entered on its minutes, the board shall declare elected the person or persons having the highest number of votes for each office.

History:

[42-4210, added 1978, ch. 293, sec. 1, p. 730.]
Idaho Code § 42-3124 — Idaho Code / Title 42 / Chapter 31 / Section 42-3124
42-3124 DECISION BY DIRECTOR — COURT CONFIRMATION OF CONSOLIDATION REQUIRED.
Status: in_force

42-3124. Decision by director — Court confirmation of consolidation required. The director shall recommend for or against the consolidation, basing his decision on his findings of facts and stating his reasons. If the director shall recommend that the districts be not consolidated, nothing further shall be done, unless a new petition shall be filed in the manner herein provided. If the director shall recommend that the districts be consolidated, he may make and enter an order consolidating the districts and record said order in the office of the county recorder of each county wherein the lands in said consolidated district are located. The order shall also divide the consolidated district into not less than three (3) nor more than nine (9) divisions, and shall name the commissioners appointed by him for the consolidated district. The consolidated district shall be known and described by the name and number of the largest district of those consolidated. In the case of the consolidation of two (2) or more districts which are contiguous and already existing and concerning each of which the confirmation of proceedings has already been obtained, procedure the same in all respects as herein specified for the creation of an original flood control district shall be followed by the board of the consolidated district for the purpose of procuring a like order, or orders, of the district court touching such consolidation.

History:

[42-3124, added 1971, ch. 300, sec. 24, p. 1219.]
Idaho Code § 42-1760 — Idaho Code / Title 42 / Chapter 17 / Section 42-1760
42-1760 WATER MANAGEMENT ACCOUNT.
Status: in_force

42-1760. Water management account. (1) There is hereby created and established in the trust and agency fund the water management account. All moneys in the account are appropriated continuously to the water resource board to be used and administered by it for the purposes specified in subsection (2) of this section and shall not be subject to the provisions of the standard appropriations act of 1945 or section 67-3516, Idaho Code. The state treasurer shall invest the idle moneys of the account, and the interest earned on such investments shall be retained by the account.

(2) The board may expend, loan, or grant moneys from the water management account for water projects, including studies, that conserve or increase water supply, improve drought resiliency, address water sustainability, or support flood management. The board shall have the authority to determine which water projects receive funds subject to the requirements of this section.

(a) Expenditures from the water management account shall be subject to the following provisions:

(i) Expenditures may be made from the account to provide public moneys for participation in any project constructed with funds from the water resource board revolving development account provided by section 42-1756, Idaho Code.

(ii) Expenditures may include but are not limited to the state's participation in the costs of the following projects:

1. The construction of a raise of Anderson ranch dam, located on the south fork of the Boise river;

2. The Mountain Home air force base water delivery and treatment systems; and

3. The identification, study, construction, or enlargement of managed aquifer recharge sites, ground water to surface water conversion projects, and water measurement infrastructure above Milner dam that, based on scientific data and technical analysis, address the restoration of the eastern Snake plain aquifer and advance the state's commitments under senate concurrent resolution 136 and senate concurrent resolution 138, adopted by the second regular session of the sixty-third Idaho legislature.

(iii) When selecting a project pursuant to subparagraph (ii) of this paragraph, the board shall consider:

1. The effects of such project on existing water rights, water quality, fish and wildlife, recreation, hydropower, and other water uses that provide economic value, stability, water sustainability, drought resiliency, and other benefits to the citizens of the state; and

2. Public input on the projects.

(b) The board may issue loans from the water management account based on terms and conditions approved by the board.

(c) The board may issue grants from the water management account. The board shall develop criteria, considering the public's input, for grants issued by the board, which shall be competitive, matching grants that prioritize projects based on the public benefits they provide. Considerations of public benefits should include:

(i) The protection of existing water rights;

(ii) Water quality, fish and wildlife, recreation, hydropower, and other water uses that provide economic value, stability, water sustainability, drought resiliency, and other benefits to the citizens of the state;

(iii) Anticipated future water needs; and

(iv) Addressing aging water storage and delivery infrastructure, including projects that provide irrigation, environmental, safety, or recreational benefits.

(d) Preference for the distribution of funds shall be given with at least fifty percent (50%) matching funds provided by parties other than the state. In the event of in-kind contributions, the board shall determine the value of the in-kind contribution.

(3) On or before the first day of each regular legislative session, the board shall submit to the legislature a report relating to the prior and current fiscal year that includes the following information:

(a) A list of all projects considered by the board to receive funds from the water management account;

(b) A statement of all projects receiving moneys from the water management account, including:

(i) A description of how the project meets the purposes of the water management account, as identified in subsection (2) of this section;

(ii) A statement of all moneys expended or obligated from the water management account for the project; and

(iii) A status report on the project, including identification of work begun or completed and any anticipated further work within the next calendar year; and

(c) Any anticipated future projects for which funding may be requested from the water management account.

This information shall also be included as part of the board's budget report to the joint finance-appropriations committee during each legislative session.

(4) The director of the department of water resources shall assist the board in any way the board deems necessary to fulfill the policy and purpose of the water management account, including technical evaluation of proposed projects and coordination in state and federal agencies.

History:

[42-1760, added 1978, ch. 356, sec. 1, p. 939; am. 1988, ch. 217, sec. 1, p. 412; am. 2019, ch. 317, sec. 2, p. 941; am. 2021, ch. 161, sec. 1, p. 457; am. 2023, ch. 96, sec. 1, p. 290.]
Idaho Code § 42-1503 — Idaho Code / Title 42 / Chapter 15 / Section 42-1503
42-1503 APPLICATION TO APPROPRIATE — PROCESS — JUDICIAL REVIEW.
Status: in_force

42-1503. Application to appropriate — Process — Judicial review. Whenever the board desires to appropriate a minimum stream flow of the unappropriated waters of any stream, it shall submit an application to the director. Such application shall be made upon forms to be furnished by the director and shall include:

(a) The name of the stream and legal description of the point on the stream where the minimum stream flow is proposed to be appropriated and determined;

(b) The minimum stream flow proposed;

(c) The purpose for which the minimum stream flow appropriation is proposed to be made;

(d) The period of time or season of the year during which said appropriation is proposed; and

(e) Such other information as shall be required by the form furnished by the director.

Upon the receipt of an application filed under the provisions of this act, the director shall forward a copy thereof to the departments of fish and game, environmental quality, parks and recreation, and any other public entity likely to have an interest or knowledge in the matter. The director shall also prepare a notice describing the proposed appropriation of minimum stream flow and cause said notice to be published once each week in two (2) consecutive weekly issues of a newspaper published within the county where the appropriation of minimum stream flow is proposed, if there is such newspaper, otherwise in a newspaper of general circulation within the county. The director may also give other notice of the proposed appropriation in such manner and to such persons or organizations as he may determine. Such notice shall specify the time and place for a public hearing to be held concerning the proposed appropriation of minimum stream flow. Such hearing shall be held in accordance with the provisions of section 42-1701A(1) and (2), Idaho Code. The director shall have power to administer oaths and to require the attendance of such witnesses and the production of such books, records, and papers as he may desire at the hearing and for that purpose the director may apply to the district court for a subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records, or papers which shall be served and returned in the same manner as a subpoena in a civil case. In case of any disobedience or neglect to obey a subpoena or subpoena duces tecum it shall be the duty of the district court in any county of this state in which such disobedience, neglect, or refusal occurs, or any judge thereof, on application by the director, to compel obedience by proceedings for contempt as in the case of a subpoena issued by a regularly constituted court. Upon the conclusion of the hearings and completion of any investigation conducted by the director, he shall enter his findings in writing approving the application in whole, or in part, or upon conditions or rejecting said application. Approval of any such application must be based upon a finding that such appropriation of minimum stream flow:

(a) will not interfere with any vested water right, permit, or water right application with priority of right date earlier than the date of receipt in the office of the director of a complete application for appropriation of minimum stream flow filed under the provisions of this act;

(b) is in the public, as opposed to private, interest;

(c) is necessary for the preservation of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, navigation, transportation, or water quality of the stream;

(d) is the minimum flow or lake level and not the ideal or most desirable flow or lake level; and

(e) is capable of being maintained as evidenced by records of stream flows and water levels and the existing or future establishment of necessary gauging stations and bench marks.

A copy of the director's findings shall be mailed to the board and to each person or organization who gave testimony in support of or in opposition to the proposed appropriation. The board or any person testifying at a hearing who is aggrieved by a decision of the director shall have the right to have that decision reviewed by the courts pursuant to section 42-1701A(4), Idaho Code. Approved applications shall be submitted to each legislature by the fifth legislative day of each regular session, and: (i) shall not become finally effective until affirmatively acted upon by concurrent resolution of the Idaho legislature; or (ii) except that if the legislature fails to act prior to the end of the regular session to which the application was submitted, the application shall be considered approved.

History:

[42-1503, added 1978, ch. 345, sec. 11, p. 892; am. 1980, ch. 238, sec. 14, p. 544; am. 2001, ch. 103, sec. 80, p. 318.]
Idaho Code § 42-222 — Idaho Code / Title 42 / Chapter 2 / Section 42-222
42-222 CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE OF WATER UNDER ESTABLISHED RIGHTS — FORFEITURE AND EXTENSION — APPEALS.
Status: in_force

42-222. Change in point of diversion, place of use, period of use, or nature of use of water under established rights — Forfeiture and extension — Appeals. (1) Any person, entitled to the use of water whether represented by license issued by the department of water resources, by claims to water rights by reason of diversion and application to a beneficial use as filed under the provisions of this chapter, or by decree of the court, who shall desire to change the point of diversion, place of use, period of use or nature of use of all or part of the water, under the right shall first make application to the department of water resources for approval of such change. Such application shall be upon forms furnished by the department and shall describe the right licensed, claimed or decreed which is to be changed and the changes which are proposed, and shall be accompanied by the statutory filing fee as in this chapter provided. Upon receipt of such application it shall be the duty of the director of the department of water resources to examine same, obtain any consent required in section 42-108, Idaho Code, and if otherwise proper to provide notice of the proposed change in a similar manner as applications under section 42-203A, Idaho Code. Such notice shall advise that anyone who desires to protest the proposed change shall file notice of protests with the department within ten (10) days of the last date of publication. Upon the receipt of any protest, accompanied by the statutory filing fee as provided in section 42-221, Idaho Code, it shall be the duty of the director of the department of water resources to investigate the same and to conduct a hearing thereon. He shall also advise the watermaster of the district in which such water is used of the proposed change and the watermaster shall notify the director of the department of water resources of his recommendation on the application, and the director of the department of water resources shall not finally determine the action on the application for change until he has received from such watermaster his recommendation thereof, which action of the watermaster shall be received and considered as other evidence. For applications proposing to change only the point of diversion or place of use of a water right in a manner that will not change the effect on the source for the right and any other hydraulically-connected sources from the effect resulting under the right as previously approved, and that will not affect the rights of other water users, the director of the department of water resources shall give only such notice to other users as he deems appropriate.

When the nature of use of the water right is to be changed to municipal purposes and some or all of the right will be held by a municipal provider to serve reasonably anticipated future needs, the municipal provider shall provide to the department sufficient information and documentation to establish that the applicant qualifies as a municipal provider and that the reasonably anticipated future needs, the service area and the planning horizon are consistent with the definitions and requirements specified in this chapter. The service area need not be described by legal description nor by description of every intended use in detail, but the area must be described with sufficient information to identify the general location where the water under the water right is to be used and the types and quantity of uses that generally will be made. An application for reasonably anticipated future needs for or including geothermal heating and cooling shall include sufficient information and documentation to demonstrate where and how injection of the diverted low temperature geothermal water is or will be accomplished.

When a water right or a portion thereof to be changed is held by a municipal provider for municipal purposes, as defined in section 42-202B, Idaho Code, that portion of the right held for reasonably anticipated future needs at the time of the change shall not be changed to a place of use outside the service area, as defined in section 42-202B, Idaho Code, or to a new nature of use.

The director of the department of water resources shall examine all the evidence and available information and shall approve the change in whole, or in part, or upon conditions, provided no other water rights are injured thereby, the change does not constitute an enlargement in use of the original right, the change is consistent with the conservation of water resources within the state of Idaho and is in the local public interest as defined in section 42-202B, Idaho Code, the change will not adversely affect the local economy of the watershed or local area within which the source of water for the proposed use originates, in the case where the place of use is outside of the watershed or local area where the source of water originates, and the new use is a beneficial use, which in the case of a municipal provider shall be satisfied if the water right is necessary to serve reasonably anticipated future needs as provided in this chapter. The director may consider consumptive use, as defined in section 42-202B, Idaho Code, as a factor in determining whether a proposed change would constitute an enlargement in use of the original water right. The director shall not approve a change in the nature of use from agricultural use where such change would significantly affect the agricultural base of the local area. The transfer of the right to the use of stored water for irrigation purposes shall not constitute an enlargement in use of the original right even though more acres may be irrigated, if no other water rights are injured thereby. A copy of the approved application for change shall be returned to the applicant and he shall be authorized upon receipt thereof to make the change and the original water right shall be presumed to have been amended by reason of such authorized change. In the event the director of the department of water resources determines that a proposed change shall not be approved as provided in this section, he shall deny the same and forward notice of such action to the applicant by certified mail, which decision shall be subject to judicial review as hereafter set forth. Provided however, minimum stream flow water rights may not be established under the local public interest criterion, and may only be established pursuant to chapter 15, title 42, Idaho Code.

(2) All rights to the use of water acquired under this chapter or otherwise shall be lost and forfeited by a failure for the term of five (5) years to apply it to the beneficial use for which it was appropriated and when any right to the use of water shall be lost through nonuse or forfeiture such rights to such water shall revert to the state and be again subject to appropriation under this chapter; except that any right to the use of water shall not be lost through forfeiture by the failure to apply the water to beneficial use under certain circumstances as specified in section 42-223, Idaho Code. The party asserting that a water right has been forfeited has the burden of proving the forfeiture by clear and convincing evidence.

(3) Upon proper showing before the director of the department of water resources of good and sufficient reason for nonapplication to beneficial use of such water for such term of five (5) years, the director of the department of water resources is hereby authorized to grant an extension of time extending the time for forfeiture of title for nonuse thereof, to such waters for a period of not to exceed five (5) additional years.

(4) Application for an extension shall be made before the end of the five (5) year period upon forms to be furnished by the department of water resources and shall fully describe the right on which an extension of time to resume the use is requested and the reasons for such nonuse and shall be accompanied by the statutory filing fee; provided that water rights protected from forfeiture under the provisions of section 42-223, Idaho Code, are exempt from this requirement.

(a) Upon the receipt of such application it shall be the duty of the director of the department of water resources to examine the same and to provide notice of the application for an extension in the same manner as applications under section 42-203A, Idaho Code. The notice shall fully describe the right, the extension which is requested and the reason for such nonuse and shall state that any person desiring to object to the requested extension may submit a protest, accompanied by the statutory filing fee as provided in section 42-221, Idaho Code, to the director of the department of water resources within ten (10) days of the last date of publication.

(b) Upon receipt of a protest it shall be the duty of the director of the department of water resources to investigate and conduct a hearing thereon as in this chapter provided.

(c) The director of the department of water resources shall find from the evidence presented in any hearing, or from information available to the department, the reasons for such nonuse of water and where it appears to the satisfaction of the director of the department of water resources that other rights will not be impaired by granting an extension of time within which to resume the use of the water and good cause appearing for such nonuse, he may grant one (1) extension of five (5) years within which to resume such use.

(d) In his approval of the application for an extension of time under this section the director of the department of water resources shall set the date when the use of water is to be resumed. Sixty (60) days before such date the director of the department of water resources shall forward to the applicant at his address of record a notice by certified mail setting forth the date on which the use of water is to be resumed and a form for reporting the resumption of the use of the water right. If the use of the water has not been resumed and report thereon made on or before the date set for resumption of use such right shall revert to the state and again be subject to appropriation, as provided in this section.

(e) In the event the director of the department of water resources determines that a proposed extension of time within which to resume use of a water right shall not be approved as provided in this section, he shall deny same and forward notice of such action to the applicant by certified mail, which decision shall be subject to judicial review as hereafter provided.

(5) Any person or persons feeling themselves aggrieved by the determination of the department of water resources in approving or rejecting an application to change the point of diversion, place, period of use or nature of use of water under an established right or an application for an extension of time within which to resume the use of water as provided in this section, may, if a protest was filed and a hearing held thereon, seek judicial review pursuant to section 42-1701A(4), Idaho Code. If no protest was filed and no hearing held, the applicant may request a hearing pursuant to section 42-1701A(3), Idaho Code, for the purpose of contesting the action of the director and may seek judicial review of the final order of the director following the hearing pursuant to section 42-1701A(4), Idaho Code.

History:

[(42-222) 1903, p. 223, sec. 11; am. 1905, p. 27, sec. 1; am. 1907, p. 507, sec. 1; reen. R.C., sec. 3264; am. 1915, ch. 34, sec. 1, p. 103; am. 1917, ch. 166, sec. 1, p. 495; C.L., sec. 3264; C.S., sec. 5582; am. 1921, ch. 146, sec. 1, p. 334; I.C.A., sec. 41-216; am. 1933, ch. 193, sec. 1, p. 382; am. 1943, ch. 53, sec. 2, p. 101; am. 1945, ch. 63, sec. 1, p. 79; rep. and reen. 1969, ch. 303, sec. 2, p. 905; am. 1980, ch. 238, sec. 6, p. 534; am. 1981, ch. 147, sec. 3, p. 255; am. 1982, ch. 202, sec. 1, p. 531; am. 1986, ch. 313, sec. 5, p. 769; am. 1988, ch. 153, sec. 1, p. 273; am. 1990, ch. 141, sec. 5, p. 319; am. 1994, ch. 64, sec. 3, p. 125; am. 1996, ch. 297, sec. 5, p. 973; am. 1996, ch. 333, sec. 1, p. 1128; am. 1997, ch. 373, sec. 2, p. 1189; am. 2000, ch. 85, sec. 1, p. 181; am. 2003, ch. 298, sec. 3, p. 809; am. 2004, ch. 62, sec. 1, p. 280; am. 2020, ch. 296, sec. 1, p. 849; am. 2026, ch. 65, sec. 3, p. 269.]
Idaho Code § 42-218a — Idaho Code / Title 42 / Chapter 2 / Section 42-218a
42-218a LAPSE OF APPLICATION FOR FAILURE TO REQUEST EXTENSION OR SUBMIT PROOF OF APPLICATION TO BENEFICIAL USE — NOTICE OF LAPSING.
Status: in_force

42-218a. Lapse of application for failure to request extension or submit proof of application to beneficial use — Notice of lapsing. (1) A permit upon which the proof of beneficial use, or an incremental statement of completion showing proof of beneficial use, has not been submitted, or a request for extension of time has not been received on or before the date set for such proof or incremental statement, shall lapse and be of no further force nor effect. For a permit held by a municipal provider for reasonably anticipated future needs, such lapse shall not apply to any portion of the permit that has been previously licensed or for which an incremental statement of completion showing proof of beneficial use has been submitted. Notice of said lapsing shall be sent by the department to the permit holder at the address of record by regular mail.

(2) Within sixty (60) days after such notice of lapsing, the department may, upon a showing of reasonable cause, reinstate the permit with the priority date advanced a time equal to the number of days that said showing is subsequent to the date set for proof.

(3) In connection with a proof of beneficial use statement submitted more than sixty (60) days after such notice of lapsing, the director shall require all of the following items to be submitted to the department:

(a) A report prepared by a certified water right examiner as the result of an examination to clearly confirm and establish the extent of the beneficial use of water established in connection with the permit during the time authorized by the permit and any extensions of time previously approved. The report shall be on the form or forms specified by the director and shall provide the information specified in section 42-217, Idaho Code, for confirming beneficial use and such other information as may be required by the director.

(b) A statement of reasonable cause for filing a late proof of beneficial use.

(c) A reinstatement fee of two hundred fifty dollars ($250).

Upon finding that beneficial use had occurred during the authorized period and upon a showing of reasonable cause for filing a late proof of beneficial use, the director may reinstate the permit with the priority date advanced to the day that proof of beneficial use was received.

(4) The original priority date of a lapsed permit shall not be reinstated except upon a showing of error or mistake of the department.

History:

[42-218a, added 1967, ch. 374, sec. 10, p. 1079; am. 1983, ch. 157, sec. 1, p. 435; am. 2011, ch. 171, sec. 1, p. 490; am. 2020, ch. 164, sec. 3, p. 481.]
Idaho Code § 42-3214 — Idaho Code / Title 42 / Chapter 32 / Section 42-3214
42-3214 LEVY AND COLLECTION OF TAXES.
Status: in_force

42-3214. Levy and collection of taxes. To levy and collect taxes as herein provided, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on the principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 42-3215. The board shall, on or before the first day of September of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

History:

[42-3214, added 1947, ch. 152, sec. 14, p. 364.]
Idaho Code § 42-3219 — Idaho Code / Title 42 / Chapter 32 / Section 42-3219
42-3219 EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Status: in_force

42-3219. Exclusion of property petitioned — Hearing — Order. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition, and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied, but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court said property shall be excluded from the district.

History:

[42-3219, added 1947, ch. 152, sec. 19, p. 364.]
Idaho Code § 42-1408 — Idaho Code / Title 42 / Chapter 14 / Section 42-1408
42-1408 SERVICE OF NOTICE OF ORDER COMMENCING A GENERAL ADJUDICATION.
Status: in_force

42-1408. Service of notice of order commencing a general adjudication. (1) Upon entry of a district court's order commencing a general adjudication, the director shall prepare a notice of order, using plain and concise language, that contains the following information or enclosures:

(a) an order commencing a general adjudication has been entered, the date of entry of the order, and the district court that entered the order;

(b) an illustration of the boundaries of the water system to be adjudicated and administered;

(c) that section 42-1409, Idaho Code, requires in a general adjudication all claimants, except as specifically excluded by law, to file for each water right, a notice of claim on a form furnished by the director; failure to file a required notice of claim will result in a court determination that no water right exists for the use of water for which the required notice of claim was not filed;

(d) a notice of claim is required for any water right license and for any water right permit on file for which the director requires a permit holder to file a notice of claim in accordance with section 42-1409, Idaho Code; a notice of claim may be filed for any other water right permit;

(e) a notice of claim is not required for a water right evidenced by an application on file with the department;

(f) a notice of claim, if the court order excludes any uses from an adjudication, may be filed for the excluded use prior to the filing of the director's report with the district court and the right will be determined, even though a notice of claim is not required;

(g) a notice of claim is not required for any person who receives water solely by virtue of ownership of shares of stock in, or by being located within the boundaries of, a water delivery organization, if the water delivery organization holds legal title to the water right and if the water delivery organization files a notice of claim;

(h) the date set by the director for filing a timely notice of claim, which shall not be less than ninety (90) days after service;

(i) that section 42-1409A, Idaho Code, imposes substantial restrictions on the filing of amended or late notices of claim;

(j) the locations at which the notice of claim forms will be available;

(k) section 42-1414, Idaho Code, requires each claimant, other than those exempted by federal law, to pay a variable fee to the director with a notice of claim; failure to pay the fee will result in rejection of the notice of claim; failure to file a timely notice of claim will result in the assessment of a late fee in the amount of fifty dollars ($50.00) or fifteen per cent (15%) of the original filing fee, whichever is greater;

(l) section 42-1409, Idaho Code, requires that all purchasers of a water right inquire of the director whether a notice of claim has been filed, and if not, to file a notice of claim, except as specifically excluded by law, and that all claimants and purchasers provide the director written notice of any change in ownership, along with some evidence of ownership or of any change in mailing address; and

(m) the files of the district court will contain affidavits of service or other documents stating the persons served with a copy of the notice of order.

(2) The director shall serve copies of the notice of order as follows:

(a) the director shall serve the notice of order on the state of Idaho and the United States;

(b) the director shall serve the notice of order on claimants other than the persons in paragraph (a) of subsection (2) of this section, initially by publication once a week for three (3) consecutive weeks in a newspaper of general circulation published in each county in which any part of the water system, which is the subject of the general adjudication, is located. If there is no newspaper published within a county, then the copies shall be published in a newspaper having general circulation in that county;

(c) the director shall post the notice of order in each county courthouse, county recorder's office, and county assessor's office in which any part of the water system is located. The director shall complete the posting on or before the date of the last publication within each county;

(d) the director shall serve the notice of order by ordinary mail on each person listed as owning real property on the real property assessment roll within the boundaries of the water system to be adjudicated at the address listed on the real property assessment roll; and

(e) the director shall file a copy of the notice of order commencing a general adjudication in the office of the county recorder in each county in which any part of the water system is located; notwithstanding the provisions of section 5-505, Idaho Code, the notice, from the time it is filed with the recorder for record, is constructive notice of the contents thereof within the county in which the notice is recorded, to subsequent purchasers and mortgagees.

(3) The director shall send the notice of order by ordinary mail to all persons who submit a written request to the director to be notified of the commencement of an adjudication. The director may circulate copies in any additional manner the director deems appropriate.

(4) Upon expiration of the period for filing notices of claims, the director shall conduct a second round of service in conformance with this subsection. The director shall compare the notices of claims with department records and other information reasonably available to determine whether there are any rights to water from the water system for which no notice of claim was filed. In the event the director determines that not all claimants have filed claims, the director shall make a reasonably diligent effort in accordance with the court order to determine the land to which the possible claim is appurtenant, the last known owner of that land, and the last known address of that owner. The director shall prepare a second round notice of order. The director shall serve this notice on the last known owner in accordance with the court order. The notice shall contain the information specified in subsection (1) of this section, except that the notice shall state a final date for filing notices of claims. The final date shall be an additional period of time, in no case less than ninety (90) days from the date the notice is served, in which the notice of claim must be received by the director.

(5) The director shall file with the district court such proof of service as may be required to demonstrate compliance with the above requirements.

History:

[(42-1408) 1986, ch. 220, sec. 10, p. 568; 1986, ch. 230, sec. 2, p. 624; am. 1991, ch. 84, sec. 1, p. 188; am. and redesig. 1994, ch. 454, sec. 14, p. 1455.]
Idaho Code § 42-2404 — Idaho Code / Title 42 / Chapter 24 / Section 42-2404
42-2404 POWERS VESTED IN STOCKHOLDERS.
Status: in_force

42-2404. Powers vested in stockholders. The rights, powers and privileges herein created and granted shall vest in and be held and exercised by the stockholders except in so far as they may be expressly delegated to the directors by the articles of incorporation or by-laws of the corporation.

History:

[(42-2404) 1917, ch. 46, sec. 2, p. 106; reen. C.L. 129:12; C.S., sec. 3051; I.C.A., sec. 41-2004.]
Idaho Code § 42-2509 — Idaho Code / Title 42 / Chapter 25 / Section 42-2509
42-2509 RIGHTS OF LIENHOLDERS PROTECTED.
Status: in_force

42-2509. Rights of lienholders protected. No water right or any portion thereof shall be transferred from one tract of land to another under the provisions of this chapter where there is a valid existing mortgage or other lien or encumbrance on the land to which such water right is appurtenant without the consent of the holder of such mortgage or other lien or encumbrance, which consent shall be evidenced by an instrument in writing executed and acknowledged as other instruments relating to the conveyance of real estate.

History:

[(42-2509) 1917, ch. 159, sec. 10, p. 484; reen. C.L. 130:10; C.S., sec. 3060; I.C.A., sec. 41-2109.]
Idaho Code § 42-3809 — Idaho Code / Title 42 / Chapter 38 / Section 42-3809
42-3809 ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.
Status: in_force

42-3809. Enforcement procedure — Injunctive relief. The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Provided however, that no civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation. The director shall have authority and it shall be his duty to seek a temporary injunction from the appropriate district court to restrain a person from altering a stream channel until approval therefor has been obtained by the person as provided in this act.

History:

[42-3809, added 1971, ch. 337, sec. 9, p. 1304; am. 1972, ch. 137, sec. 2, p. 303; am. 1974, ch. 20, sec. 37, p. 533; am. 1978, ch. 327, sec. 1, p. 822; am. 1980, ch. 331, sec. 2, p. 855; am. 1994, ch. 292, sec. 3, p. 914; am. 1998, ch. 173, sec. 10, p. 611; am. 2012, ch. 121, sec. 1, p. 337; am. 2021, ch. 65, sec. 5, p. 202.]
Idaho Code § 42-243 — Idaho Code / Title 42 / Chapter 2 / Section 42-243
42-243 FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE — FORM AND CONTENT OF CLAIM.
Status: in_force

42-243. Filing of claims of rights established by diversion and use — Form and content of claim. In order to allow for the recording of historic uses of the waters of this state, any person using or claiming rights to the use of water for uses other than domestic purposes, which have heretofore been established by diversion and application to a beneficial use shall file a claim of such right with the department of water resources not later than June 30, 1983, or if mailed, shall be postmarked not later than June 30, 1983. Such claim shall be in affidavit form on forms furnished by the department of water resources and shall set forth:

a. The name and post-office address of the claimant.

b. The quantity of water claimed to have been used.

c. The source of the water supply.

d. The location of the point or points of diversion.

e. The nature of the use and the period during each year when the water is used for such purposes.

f. The priority of the right claimed which shall be determined by the date when the water was first applied to a beneficial use provided there has been no period of abandonment or nonuse or forfeiture of the water right since that date.

g. If water is claimed for irrigation, the legal description of the lands irrigated.

h. Such other information as shall be required by the blank form furnished by the department.

Such claim may be accompanied by maps showing the place of use, affidavits of witnesses familiar with the uses claimed, measurements of the water diverted and used, and such other information as the claimant may wish to submit.

If the claim is filed with the department of water resources later than June 30, 1983, or if it is mailed to the department of water resources and the postmark is later than June 30, 1983, the claim shall be classified as follows:

a. If the only use identified on the claim is domestic purposes, then the claim will be considered to be filed in a timely manner.

b. If the use(s) identified on the claim includes other than domestic purposes, then the claim shall be considered to be a late claim, with a unique filing fee as set forth in section 42-221, Idaho Code.

This section shall not apply to any water rights which are based on the authority of a permit or license issued by the department of water resources or one of its predecessors or water rights which have previously been adjudicated by a court having jurisdiction of such matters.

History:

[(42-243) I.C., sec. 42-225a, as added by 1967, ch. 338, sec. 2, p. 974; am. and redesig. 1978, ch. 345, sec. 6, p. 888; am. 1983, ch. 61, sec. 1, p. 141; am. 1985, ch. 226, sec. 2, p. 542; am. 1990, ch. 319, sec. 5, p. 874; am. 1998, ch. 79, sec. 2, p. 284.]
Idaho Code § 42-302 — Idaho Code / Title 42 / Chapter 3 / Section 42-302
42-302 PETITION FOR CANCELLATION.
Status: in_force

42-302. Petition for cancellation. Any person as above specified desiring the cancellation of a permit shall file with the department of water resources a petition clearly setting forth the facts upon which he bases his prayer for cancellation, plainly stating wherein the holder of the permit, which is sought to be cancelled, has failed to comply with the law and with the requirements of his permit.

History:

[(42-302) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265b; C.S., sec. 5585; I.C.A., sec. 41-302.]
Idaho Code § 42-1418 — Idaho Code / Title 42 / Chapter 14 / Section 42-1418
42-1418 APPEALS.
Status: in_force

42-1418. Appeals. An appeal may be taken to the supreme court from an order, partial decree, or decree of the district court in any adjudication proceeding as provided by rule or order of the supreme court.

History:

[42-1418, added 1986, ch. 230, sec. 3, p. 626.]
Idaho Code § 42-2940 — Idaho Code / Title 42 / Chapter 29 / Section 42-2940
42-2940 CONSTRUCTION OF WORKS — CONTRACTS.
Status: in_force

42-2940. Construction of works — Contracts. After the organization of any drainage district, the commissioners of such drainage district shall proceed as soon as they may deem expedient in the construction of said improvements; and in carrying on said construction or any extensions thereof they shall have the power to employ such assistance as they may deem necessary and purchase all materials that may be necessary in the construction and carrying on of the work of said improvements, and shall have power to let the whole or any portion of said work to any responsible contractor; and shall in such case enter into all agreements with such contractor that may be necessary in the premises.

History:

[(42-2940) 1913, ch. 16, part of sec. 18, p. 58; reen. C.L. 168:37; C.S., sec. 4531; I.C.A., sec. 41-2540.]
Idaho Code § 42-228 — Idaho Code / Title 42 / Chapter 2 / Section 42-228
42-228 DRILLING AND USE OF WELLS FOR DRAINAGE OR RECOVERY PURPOSES EXCEPTED.
Status: in_force

42-228. Drilling and use of wells for drainage or recovery purposes excepted. The excavation and opening of wells and the withdrawal of water therefrom for the sole purpose of improving or preserving the utility of land by draining them shall not be forbidden or governed by this act, and, likewise, there shall be excepted from the provisions of this act the excavation and opening of wells and withdrawal of water therefrom by canal companies, irrigation districts, and other owners of irrigation works for the sole purpose of recovering ground water resulting from irrigation under such irrigation works for further use on or drainage of lands to which the established water rights of the parties constructing the wells are appurtenant; providing that the drilling of such wells shall be subject to the licensing provisions of section 42-238, Idaho Code.

History:

[42-228, added 1951, ch. 200, sec. 3, p. 423; am. 1970, ch. 187, sec. 2, p. 541.]
Idaho Code § 42-4418 — Idaho Code / Title 42 / Chapter 44 / Section 42-4418
42-4418 INTERESTED PERSONS — RIGHT OF EXAMINATION.
Status: in_force

42-4418. Interested persons — Right of examination. Any person or corporation having an interest in, or lien upon, any land situate within the boundaries of a levee district now organized or 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 maintenance, operation, or construction of levees in such district, as provided in this chapter, as shown by the assessment roll of said district, confirmed by the court, shall have the right personally, or through his agents, attorneys or auditors to examine the books, records and accounts of the board of commissioners and to make copies thereof.

History:

[42-4418, added 1990, ch. 396, sec. 1, p. 1115.]
Idaho Code § 42-501 — Idaho Code / Title 42 / Chapter 5 / Section 42-501
42-501 LEGISLATIVE INTENT.
Status: in_force

42-501. legislative intent. In the landmark case of Joyce Livestock Company v. United States of America, 144 Idaho 1, 156 P.3d 502 (2007), the Idaho Supreme Court held that an agency of the federal government cannot obtain a stockwater right under Idaho law unless it actually owns livestock and puts the water to beneficial use.

In Joyce, the court held that the United States:

"bases its claim upon the constitutional method of appropriation. That method requires that the appropriator actually apply the water to a beneficial use. Since the United States has not done so, the district court did not err in denying its claimed water rights."

The court also held that federal ownership or management of the land alone does not qualify it for stockwater rights. It opined:

"The United States claimed instream water rights for stock watering based upon its ownership and control of the public lands coupled with the Bureau of Land Management's comprehensive management of public lands under the Taylor Grazing Act…The argument of the United States reflects a misunderstanding of water law…As the United States has held, Congress has severed the ownership of federal lands from the ownership of water rights in nonnavigable waters located on such lands."

The court went on to state:

"Under Idaho Law, a landowner does not own a water right obtained by an appropriator using the land with the landowner's permission unless the appropriator was acting as agent of the owner in obtaining that water right…If the water right was initiated by the lessee, the right is the lessee's property, unless the lessee was acting as the agent of the owner…The Taylor Grazing Act expressly recognizes that ranchers could obtain their own water rights on federal land."

A rancher is not unwittingly acting as an agent of a federal agency simply by grazing livestock on federally managed lands when he files for and receives a stockwater right.

It is the intent of the Legislature to codify and enhance these important points of law from the Joyce case to protect Idaho stockwater right holders from encroachment by the federal government in navigable and nonnavigable waters.

Further, in order to comply with the Joyce decision, it is the intent of the Legislature that stockwater rights acquired in a manner contrary to the Joyce decision are subject to forfeiture pursuant to sections 42-222(2) and 42-224, Idaho Code.

History:

[42-501, added 2017, ch. 178, sec. 2, p. 408; am. 2018, ch. 320, sec. 1, p. 747; am. 2020, ch. 253, sec. 2, p. 739.]
Idaho Code § 42-3404 — Idaho Code / Title 42 / Chapter 34 / Section 42-3404
42-3404 ANADROMOUS FISH — COMPACT WITH WASHINGTON AND OREGON — REGULATORY POWERS OF FISH AND GAME REPRESENTATIVES OF STATES.
Status: in_force

42-3404. Anadromous fish — Compact with Washington and Oregon — Regulatory powers of fish and game representatives of states. Should congress by virtue of the authority vested in it under article 1, section 10, of the Constitution of the United States, providing for compacts and agreements between states, ratify the following as a definite compact and agreement between the states of Washington, Oregon and Idaho, then, and in that event, there shall exist between the states of Washington, Oregon and Idaho a compact and agreement, the purport of which shall be substantially as follows:

The compact states acknowledge that they have a common interest in the conservation and management of anadromous fish stocks in the Columbia River drainage and they mutually agree to assume joint responsibility in developing sports and commercial fishery programs and regulations which will maintain and preserve the resource for the interest and benefit of all users.

Membership from the compact states shall be the Idaho department of fish and game, the fish commission of the state of Oregon, Oregon wildlife commission, Washington department of fisheries and the Washington department of game or the successor agency to any of the above. The compact members may appoint advisors to serve as needed.

All rules and regulations now existing or which may be necessary for the conservation and management of anadromous fish in the waters of the main stem of the Columbia River from its mouth to the mouth of the Snake River and the waters of the main stem of the Snake River from its mouth to the mouth of the Salmon River, shall be made, changed, altered and amended in whole or in part by a majority vote. In voting on rules and regulations, each state shall be entitled to one (1) vote. Idaho will vote only on those regulations which might have a substantial impact on fish destined for Idaho waters.

The individual states shall be responsible for the management of anadromous fish stocks in pertinent tributary streams and shall be guided in such management by the intent and purpose of this compact.

History:

[42-3404, added 1967, ch. 37, sec. 1, p. 59; am. 1969, ch. 6, sec. 1, p. 9; am. 1975, ch. 233, sec. 1, p. 637.]
Idaho Code § 42-5111 — Idaho Code / Title 42 / Chapter 51 / Section 42-5111
42-5111 BOARD OF DIRECTORS — OFFICERS — MEETINGS — COMPENSATION — VACANCIES.
Status: in_force

42-5111. Board of directors — Officers — Meetings — Compensation — Vacancies. (1) The board of directors annually shall elect a chairman from their number and shall appoint a secretary and a treasurer to hold office at the pleasure of the board. The treasurer shall on his appointment execute and file with the secretary an official bond in such amount as may be fixed by the board of directors, and shall thereafter from time to time execute and file such further bonds as may be required by the board in amounts fixed by it, which amounts shall be at least fifty percent (50%) of the maximum probable amount of money in the treasurer's hands at any one (1) time. All such official bonds shall be executed by a lawfully qualified surety company.

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

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

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

History:

[42-5111, added 1987, ch. 349, sec. 1, p. 768.]
Idaho Code § 42-1406 — Idaho Code / Title 42 / Chapter 14 / Section 42-1406
42-1406 GENERAL ADJUDICATION — CONTENTS OF PETITION.
Status: in_force

42-1406. General adjudication — Contents of petition. (1) A petition for a general adjudication shall contain among other things, the following:

(a) a description of the proposed boundaries of the water system to be adjudicated and administered;

(b) a statement of why the public interest and necessity would be served by a general adjudication;

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

(d) a description of the general method proposed to ascertain and to serve claimants not disclosed following completion of the service required by paragraphs (a) through (d) of subsection (2) of section 42-1408, Idaho Code; and

(e) a prayer for relief requesting the district court to enter an order that commences the general adjudication.

(2) A petition for entry of an order commencing a general adjudication shall be captioned: "In Re the General Adjudication of Rights to the Use of Water From the ……………. Water System." Such action shall have no other caption.

History:

[(42-1406) 1986, ch. 220, sec. 8, p. 566; am. and redesig. 1994, ch. 454, sec. 12, p. 1453.]
Idaho Code § 42-1736B — Idaho Code / Title 42 / Chapter 17 / Section 42-1736B
42-1736B WATER RESOURCE POLICY ACTIONS.
Status: in_force

42-1736B. Water resource policy actions. (1) All future filings, permits and decrees on the unappropriated waters of this state shall be determined with respect to the effect such filings, permits and decrees will have on the minimum daily flow of the affected stream or river, or on the maintenance level of the affected lake or reservoir.

(2) All water plans and development projects proposed by the water resource board shall be subject to review and approval of the legislature, except that those projects funded from the water resource board revolving development account of less than five hundred thousand dollars ($500,000) need not have prior legislative approval.

(3) In further recognition of the authority granted by law to the water resource board by the provisions of section 42-1734, Idaho Code, and in further recognition of the right of the legislature to review and approve the actions of the water resource board, the water resource board is specifically directed:

(a) To inventory all of the unappropriated waters of this state;

(b) To recommend to the legislature appropriations in trust for the people of Idaho for specific purposes;

(c) To develop a list of specific proposals for storage of any unappropriated waters of this state, which proposals shall show location, costs, and proposed uses and benefits;

(d) To take all necessary actions to assure that Idaho citizens shall not be denied the right to divert and appropriate to beneficial uses, under the provisions of article XV of the constitution of the state of Idaho, the unappropriated waters of this state.

History:

[42-1736B, added 1978, ch. 345, sec. 2, p. 886.]
Idaho Code § 42-1001 — Idaho Code / Title 42 / Chapter 10 / Section 42-1001
42-1001 APPLICATION TO COUNTY COMMISSIONERS.
Status: in_force

42-1001. Application to county commissioners. The county commissioners of each county now organized, and of each county to be hereafter organized in this state, shall, at their regular session in January of each year and at such other sessions as they in their discretion may deem proper, hear and consider all applications which may be made to them by any party or parties interested in either furnishing or delivering for compensation, or by any person or persons using or consuming, water for irrigation or other beneficial purpose or purposes from any ditch, canal or conduit, the whole or any part of which shall be in such county, which application shall be supported by such affidavit as the applicant or applicants may present, showing reasonable cause for such board of county commissioners to proceed to fix a maximum rate of compensation for water thereafter delivered from such ditch, canal or conduit within such county: provided, that when any ditch, canal or conduit shall extend into two (2) or more counties, the county commissioners of each of such counties shall fix the maximum rate for water used in that county.

History:

[(42-1001) 1899, p. 380, sec. 26; reen. R.C. & C.L., sec. 3294; C.S., sec. 5641; I.C.A., sec. 41-901.]
Idaho Code § 42-5219 — Idaho Code / Title 42 / Chapter 52 / Section 42-5219
42-5219 DIRECTORS AT LARGE.
Status: in_force

42-5219. Directors at large. In the event a district is divided into six (6) or fewer divisions, the district is authorized to elect one (1) to two (2) directors at large. Directors at large shall be elected at the annual meeting of the district by a two-thirds (2/3) majority of the members present at the meeting. Every director at large elected pursuant to the provisions of this section shall be a ground water user in the district. Directors at large shall hold office for a term of two (2) years, or until their successors are elected and qualified. Provided however, that in no event shall a district have more than a total of seven (7) directors serving at any time whether elected pursuant to the provisions of section 42-5218, Idaho Code, or pursuant to this section.

History:

[42-5219, added 2005, ch. 367, sec. 9, p. 1160.]
Idaho Code § 42-4221 — Idaho Code / Title 42 / Chapter 42 / Section 42-4221
42-4221 REDEMPTION AND SALE OF PROPERTY SUBJECT TO DELINQUENT ASSESSMENTS.
Status: in_force

42-4221. Redemption and sale of property subject to delinquent assessments. The manner in which property subject to a lien for nonpayment of assessments may be redeemed, and if not redeemed, shall be sold as provided in sections 43-712, 43-715 through 43-721, 43-724 and 43-726, Idaho Code, to the extent that the provisions thereof are in keeping with the provisions of this chapter.

History:

[42-4221, added 1978, ch. 293, sec. 1, p. 736.]
Idaho Code § 42-1303 — Idaho Code / Title 42 / Chapter 13 / Section 42-1303
42-1303 LATERAL MANAGER — DUTIES — ALTERNATE METHODS OF ELECTION OR APPOINTMENT.
Status: in_force

42-1303. LATERAL MANAGER — duties — ALTERNATE METHODS OF ELECTION OR APPOINTMENT. (1) The lateral manager shall ascertain and ensure that the amount of water that each water user is entitled to receive is properly apportioned and distributed for the succeeding irrigation season.

(2) Should a lateral water users' association fail to elect a lateral manager or fix such manager's compensation at its annual meeting:

(a) The association's board of directors may elect a lateral manager and set such manager's compensation; or

(b) The association's water users may select and appoint a lateral manager by a written document that designates the manager, sets the compensation, and is signed by a majority of water users from the association.

(3) Any lateral manager elected or appointed pursuant to subsection (2) of this section or section 42-1302, Idaho Code, shall:

(a) Have documentation of their election or appointment recorded with:

(i) The manager, superintendent, or board of directors of the water delivery organization that delivers water to the lateral's delivery point or points; or

(ii) The watermaster of the state water district appointed pursuant to section 42-605, Idaho Code, who delivers water to the point or points of diversion from a natural water source; and

(b) Be treated as the lateral manager by the water delivery organization for the succeeding irrigation season unless such organization is notified by the lateral water users' association that a new lateral manager has been elected or appointed.

(4) Any water delivery organization delivering water to a lateral delivery point or points may, upon providing reasonable notice, refuse delivery of water for failure of the water users to appoint or select a lateral manager pursuant to this section or section 42-1302, Idaho Code.

History:

[42-1303, added 2026, ch. 112, sec. 16, p. 571.]
Idaho Code § 42-2025 — Idaho Code / Title 42 / Chapter 20 / Section 42-2025
42-2025 APPURTENANCY OF WATER RIGHTS.
Status: in_force

42-2025. Appurtenancy of water rights. The water rights to all lands acquired under the provisions of this chapter shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.

History:

[(42-2025) 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. 1629a; C.S., sec. 3018; I.C.A., sec. 41-1725.]
Idaho Code § 42-2819 — Idaho Code / Title 42 / Chapter 28 / Section 42-2819
42-2819 DISTRIBUTION OF RESERVOIR OR OTHER WATER THROUGH EXISTING CANAL SYSTEMS — COOPERATION WITH COMPANIES AND DISTRICTS.
Status: in_force

42-2819. Distribution of reservoir or other water through existing canal systems — Cooperation with companies and districts. In all cases where the lands assessed for any water supply or any reservoir or reservoir capacity constructed or made available under the provisions of this chapter lie in whole or in part under any existing canal system, or are so located that the same can be irrigated through such canal system or any part or extension or enlargement thereof, the board of county commissioners of the county in which such lands, or any part thereof, are located are authorized to enter into a contract on behalf of such county, with the company, irrigation district, or individual owning or operating any such canal system under which such district, company or individual shall become the agency of the county for the distribution and delivery of such reservoir or other water to the lands of such county lying under or so located that they can be irrigated from such existing canal system, and as such agent of the county to provide for the operation and maintenance and repair of the irrigation works constructed or made available under the provisions of this chapter and authorizing such canal owners or operators to collect from the landowners under said canal system an operation and maintenance charge, toll, fee or assessment sufficient to pay the cost of such operation, maintenance and distribution including the cost of operating and maintaining the reservoir or the proportionate part thereof properly chargeable to such land, and to require the payment of such operation and maintenance charges as a condition to the delivery of such reservoir or other water supply and to withhold delivery of such reservoir or other water until all such operation and maintenance charges for past years have been paid, and when so provided in the contract between such canal owner and the county or when so ordered by the board of county commissioners, shall withhold the delivery of such water supply so provided or made available by the county under the provisions of this chapter, from any lands on which any instalment of the principal, or interest of the said liens provided for in this chapter, or the amount due the sinking fund as herein provided, or any assessment levied by the county for the purpose of paying any such instalment or annual interest charge or sinking fund remains delinquent, delivery to such lands, however, to be resumed upon payment of all assessments then due and payable or delinquent, but no part of the water supply provided or made available by the county under the provisions of this chapter shall be delivered to lands against which benefits have not been assessed.

History:

[(42-2819) 1921, ch. 222, sec. 19, p. 492; I.C.A., sec. 41-2419.]
Idaho Code § 42-1401D — Idaho Code / Title 42 / Chapter 14 / Section 42-1401D
42-1401D JURISDICTIONAL LIMITATION.
Status: in_force

42-1401D. Jurisdictional limitation. Review of an agency action of the department of water resources, which is subject to judicial review or declaratory judgment under the provisions of chapter 52, title 67, Idaho Code, shall not be heard in any water rights adjudication proceeding commenced under this chapter. Venue and jurisdiction over any such action pending on the effective date of this section, or initiated subsequent thereto, shall be in the district court as authorized under the provisions of section 67-5272, Idaho Code, without regard to any other provision of law.

History:

[42-1401D, added 2001, ch. 31, sec. 2, p. 48.]
Idaho Code § 42-5122 — Idaho Code / Title 42 / Chapter 51 / Section 42-5122
42-5122 PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Status: in_force

42-5122. Payment of assessments — When delinquent — Interest and penalties. Assessments shall be due and payable on or before December 31 of each year. On or before the first day of December, the treasurer of the district shall publish a notice for a period of not less than two (2) weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated setting forth the date by which assessments must be paid and the times and places at which payment may be made. The treasurer of the district shall mail by regular mail a billing to each water user. The billing shall be mailed on or before the first day of December.

Assessments unpaid on December 31 shall be delinquent and shall bear interest at the rate of fifteen percent (15%) per annum until paid. Delinquent assessments, in addition, shall be subject to a penalty in the amount of fifteen dollars ($15.00) per delinquent assessment.

The maximum annual assessment limitation specified in section 42-5113, Idaho Code, shall apply only to the amount of the assessment itself, and the interest and penalty herein prescribed shall be collectible along with the amount of the delinquent assessment, notwithstanding that the assessment itself is at the maximum specified in that section.

History:

[42-5122, added 1987, ch. 349, sec. 1, p. 775.]
Idaho Code § 42-2935 — Idaho Code / Title 42 / Chapter 29 / Section 42-2935
42-2935 ASSESSMENT ROLL.
Status: in_force

42-2935. Assessment roll. Upon the entering of the order confirming the apportionment of costs and awarding of damages as hereinbefore provided for, the clerk of said court shall immediately prepare a transcript which shall contain a list of all lands which are so assessed and awarded damages in said report and shall certify the same to the recorder of the county in which said lands are situated and said statement so certified shall specify the amount of the assessment upon each tract, parcel or governmental subdivision, and shall describe all rights of way or easements required by the district and the amount of damages awarded to the owners thereof; and the said county recorder shall thereupon enter such order of record and the same shall be notice of a lien of said assessment of all persons, and shall establish the right of way and easement of the district in and to the lands so described and said district shall be thereafter entitled to enter upon and occupy said lands upon the payment to the owner of the amount of damage so awarded.

History:

[(42-2935) 1913, ch. 16, part of sec. 16, p. 58; reen. C.L. 168:32; am. 1919, ch. 183, sec. 8, p. 558; C.S., sec. 4526; I.C.A., sec. 41-2535.]
Idaho Code § 42-4002 — Idaho Code / Title 42 / Chapter 40 / Section 42-4002
42-4002 DEFINITIONS.
Status: in_force

42-4002. Definitions. Whenever used in this act the term:

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

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

(c) "Geothermal resource" means the natural heat energy of the earth, the energy, in whatever form, which may be found in any position and at any depth below the surface of the earth present in, resulting from, or created by, or which may be extracted from such natural heat, and all minerals in solution or other products obtained from the material medium of any geothermal resource. Ground water having a temperature of two hundred twelve (212) degrees Fahrenheit or more in the bottom of a well shall be classified as a geothermal resource. Geothermal resources are found and hereby declared to be sui generis, being neither a mineral resource nor a water resource, but they are also found and hereby declared to be closely related to and possibly affecting and affected by water and mineral resources in many instances.

(d) "Geothermal area" means the same general land area which, in its subsurface, is underlaid or reasonably appears to be underlaid by geothermal resources from or in a single reservoir, pool, or other source or interrelated sources, as such area or areas may be from time to time designated by the director.

(e) "Material medium" means any substance, including, but not limited to, naturally heated fluids, brines, associated gases, and steam, in whatever form, found at any depth and in any position below the surface of the earth, which contains or transmits the natural heat energy of the earth, but excluding petroleum, oil, hydrocarbon gas, or other hydrocarbon substances.

(f) "Permit" means a permit issued pursuant to this act for the construction and operation of any well or injection well.

(g) "Person" means any individual, natural person, general or limited partnership, joint venture, association, cooperative organization, corporation whether domestic or foreign, agency or subdivision of this or any other state, or any municipal or quasi-municipal entity whether or not it is incorporated.

(h) "Waste" means any physical waste including, but not limited to:

(1) Underground waste resulting from the inefficient, excessive or improper use or dissipation of geothermal energy in or of any geothermal resource pool, reservoir, or other source; or the locating, spacing, construction, equipping, operating, or producing of any well in a manner which results, or tends to result, in reducing the quantity of geothermal energy to be recovered from any geothermal area in this state;

(2) The inefficient above-ground transporting and storage of geothermal energy; and the locating, spacing, equipping, operating, or producing of any well or injection well in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of geothermal energy;

(3) The escape into the open air, from a well, of steam or hot water in excess of what is reasonably necessary in the efficient development or production of a well.

(i) "Well" means any excavation or other alteration in the earth's surface or crust by means of which the energy of any geothermal resource and/or its material medium is sought or obtained.

(j) "Injection well" means any special well, converted producing well or reactivated or converted abandoned well employed for injecting material into a geothermal area to maintain pressures in a geothermal reservoir, pool, or other source, or to provide new material or to serve as a material medium therein, or for reinjecting any material medium or the residue thereof or any by-product of geothermal resource exploration or development into the earth.

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

History:

[42-4002, added 1972, ch. 301, sec. 3, p. 749; am. 1974, ch. 20, sec. 50, p. 533; am. 1974, ch. 297, sec. 1, p. 1753; am. 1987, ch. 347, sec. 14, p. 757.]
Idaho Code § 42-702 — Idaho Code / Title 42 / Chapter 7 / Section 42-702
42-702 MEASURING DEVICES ABOVE RESERVOIRS.
Status: in_force

42-702. Measuring devices above reservoirs. Any person, firm or corporation using the channel of any stream or streams or any tributary of such stream or streams in this state as an impounding reservoir shall place therein at a point above and as near as practicable to the backwater of such reservoir such system or device as the department of water resources may require for measuring the flow of water at such point and in accordance with plans and specifications which shall be furnished by the department.

History:

[(42-702) 1917, ch. 53, part of sec. 3, p. 124; reen. C.L., sec. 3282d; C.S., sec. 5620; I.C.A., sec. 41-602.]
Idaho Code § 42-2946 — Idaho Code / Title 42 / Chapter 29 / Section 42-2946
42-2946 CONNECTION OF DISTRICT WITH LOWER DISTRICT — COSTS.
Status: in_force

42-2946. Connection of district with lower district — Costs. In case of the establishment of a drainage district and system of drainage under the provisions of this chapter above any other district that may theretofore have been established, and above any other system of drainage that may have theretofore been constructed in said district, and in case said district to be established above may desire to connect its drainage system with the lower or servient district, the latter district shall be made a party to the proceedings for the establishment of such system, and the petition to be filed in the district court for the establishment of the system of drainage in said upper district shall in addition to the facts hereinbefore provided and required to be set forth therein, set forth the fact that said lower system in said lower district is necessary to be used as an outlet for the system of drainage of said upper district, and that the same will be sufficient outlet and will afford sufficient capacity to carry the drainage of both said upper and lower districts; and in case said system of said lower district will be required to be enlarged by widening or deepening the same, or both, in order to give sufficient outlet to said upper district and afford sufficient drainage for said upper and lower districts, then the plans and specifications for enlarging the system of said lower district shall be filed with said petition in addition to the other data hereinbefore provided for in this chapter.

All the landowners in said lower district, or any person claiming interest therein as mortgagee or otherwise, shall be made parties defendant in said petition, and the proceedings therein as to the assessment of damages and compensation for land taken, if any be necessary to be taken in enlarging said lower system, shall be the same as in the establishment of systems of drainage in the lower or servient district as hereinbefore provided for; but the jury, in addition to the facts to be found by them as provided for in the establishment of a drainage system in the lower district, shall find and determine whether said lower system, when improved according to the plans and specifications filed with the said petition, will afford sufficient drainage for both said upper and lower districts, which finding shall be made by the jury before considering any other question at issue in said proceedings, and in case said jury should find that the system of said lower district when improved as proposed in said petition would not be sufficient, then in that case said findings shall terminate the proceedings, and no further proceedings in said case shall be had, and the costs of said proceedings shall be paid as costs in other proceedings, as hereinbefore provided for; but in such case the finding of said jury shall not terminate the objects of said upper district or operate to disorganize the same, but said upper district may begin new proceedings for the establishment of a system of drainage with some new outlet provided therein.

All costs for the enlarging or improving of said lower system that may be required, shall be assessed to the landowners in the upper district according to the benefits to be derived from the construction of said entire system, and no additional cost shall be thrown upon the lower district, and all compensation for taking any right of way that may be necessary to be taken in enlarging said lower system and all damages occurring therefrom, if any, to the landowners of said lower district, shall be ascertained and paid in the same manner as hereinbefore provided for the adjustment of compensation and damages in the establishment of drainage systems in lower districts.

Said lower district, by and through its board of commissioners, may appear in said cause and show therein any injury it may sustain as a district by reason of the additional cost of maintenance per annum which will be sustained by said lower district by reason of said enlarging or improving of the same, and judgment shall be rendered in favor of said lower district against said upper district for such an amount as found, and the same shall be paid each year as the cost of construction is paid as provided for in this chapter, and the amount so paid shall be held by said lower district as an additional fund for the maintenance of its said system as improved and enlarged by said upper district.

History:

[(42-2946) 1913, ch. 16, sec. 22, p. 58; reen. C.L. 168:43; C.S., sec. 4537; I.C.A., sec. 41-2546.]
Idaho Code § 42-4410 — Idaho Code / Title 42 / Chapter 44 / Section 42-4410
42-4410 NOMINEES FOR BOARD OF COMMISSIONERS.
Status: in_force

42-4410. Nominees for board of commissioners. If upon the hearing as provided in section 42-4409, Idaho Code, the court shall order an election for the creation of the district, nominees for the board of commissioners of the district shall be nominated by the filing of petitions in accordance with the provisions of section 34-1404, Idaho Code. The court shall order that the names of persons whom the court finds to have been properly nominated shall be listed upon a ballot submitted to the electors at such election.

History:

[42-4410, added 1990, ch. 396, sec. 1, p. 1111; am. 1995, ch. 118, sec. 81, p. 495.]
Idaho Code § 42-4212 — Idaho Code / Title 42 / Chapter 42 / Section 42-4212
42-4212 POWERS AND DUTIES OF THE BOARD OF DIRECTORS.
Status: in_force

42-4212. Powers and duties of the board of directors. The board shall have the following powers and duties:

(1) to manage and conduct the business and affairs of the districts;

(2) to employ and appoint such agents, officers and employees as may be required and prescribe their duties;

(3) to make and execute all necessary contracts, including contracts for the construction of diversion works and other facilities, contracts for the transportation of water through existing canals or other diversion works owned or operated by a canal company or companies or other entity or entities, and contracts with those persons and/or entities designated in section 42-4223, Idaho Code, for the purposes therein specified;

(4) to construct and operate diversion works, recharge ponding areas and injection wells, subject to such standards and specifications as the director of the department of water resources shall determine;

(5) to obtain from the federal government such permits as may be required for the accomplishment of the purposes of the district;

(6) to enter upon any land and make surveys for purposes of determining the best location for the diversion works and other facilities necessary to accomplish the purposes of the district;

(7) to acquire, either by purchase, condemnation or other legal means, all lands and other property necessary for the construction, use and supply, maintenance, repair and improvement of diversion works and facilities. The power of condemnation shall be limited to the acquisition of land and/or easements for right-of-way purposes only. The appropriation and storage underground of waters by the aquifer recharge district, together with the acquisition of such rights-of-way for the construction, maintenance and improvement of such diversion works and facilities as are necessary to the accomplishment of the purposes of the district is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.

(8) to levy assessments for the maintenance and operation of the diversion works and facilities of the district, as well as assessments for the payment of such fees as are charged to the district by any canal company or companies or other entity or entities owning or operating canals or other diversion works used by the district;

(9) to levy assessments for the retirement of indebtedness incurred for purposes of financing construction of the diversion works and facilities of the district and the construction of such capital improvements thereto as are deemed necessary by the board;

(10) to incur indebtedness, the term of which shall not exceed ten (10) years, by contract with a money-lending institution;

(11) to do any and every lawful act necessary to be done that the provisions of this chapter may be carried out.

(12) At such intervals as the director of the department of water resources shall establish, the board of directors shall report to the director, in the form and manner prescribed by him, concerning the operations of the district. The report shall indicate the amount of water being diverted by the district for purposes of recharge, the locations of the points of recharge, the flow of water at those discharge points affected by the recharge and such other information as the director may require.

(13) The board of directors annually shall submit to the director of the department of water resources a financial report setting forth the financial condition of the district. The report shall be in the form prescribed by the director and shall specify the amount of the assessments levied by the district for that year, the outstanding obligations of the district, and such other information as the director may require. The director shall have the authority to conduct an audit of the financial transactions and operations of the district.

History:

[42-4212, added 1978, ch. 293, sec. 1, p. 731; am. 1982, ch. 204, sec. 4, p. 541.]
Idaho Code § 42-5249 — Idaho Code / Title 42 / Chapter 52 / Section 42-5249
42-5249 ORDER ACCEPTING OR REJECTING PETITION.
Status: in_force

42-5249. Order accepting or rejecting petition. (1) If the board of directors deems a proposed annexation not to be in the best interests of the district to include the lands mentioned in the petition, the board shall reject the petition. But if they deem it for the best interest of the district, the board may order the lands mentioned in the petition or some part thereof be annexed to the district.

(2) The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary. Thereafter the annexed land shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.

(3) If the board determines that it is in the best interest of the district, the board may create additional divisions and election precincts in the district following the annexation of additional lands. Any new division created within the district for the purpose of conducting elections following the annexation of lands must be consistent with the parameters established in section 42-5208, Idaho Code. If the board creates a new division and reallocation, the board shall make an order redividing the district into divisions, including the new division and election precinct.

History:

[42-5249, added 1995, ch. 290, sec. 1, p. 1004; am. 2025, ch. 141, sec. 1, p. 713.]
Idaho Code § 42-108 — Idaho Code / Title 42 / Chapter 1 / Section 42-108
42-108 CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE — APPLICATION OF ACT.
Status: in_force

42-108. Change in point of diversion, place of use, period of use, or nature of use — Application of act. The person entitled to the use of water or owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of the constitution and statutes of this state, may change the point of diversion, period of use, or nature of use, and/or may voluntarily abandon the use of such water in whole or in part on the land which is receiving the benefit of the same and transfer the same to other lands, if the water rights of others are not injured by such change in point of diversion, place of use, period of use, or nature of use, provided; if the right to the use of such water, or the use of the diversion works or irrigation system is represented by shares of stock in a corporation or if such works or system is owned and/or managed by an irrigation district, no change in the point of diversion, place of use, period of use, or nature of use of such water shall be made or allowed without the consent of such corporation or irrigation district. Any permanent or temporary change in period or nature of use in or out-of-state for a quantity greater than fifty (50) cfs or for a storage volume greater than five thousand (5,000) acre-feet shall require the approval of the legislature, except that any temporary change within the state of Idaho for a period of less than three (3) years may be approved by the director without legislative approval.

Any person desiring to make such change of point of diversion, place of use, period of use, or nature of use of water shall make application for change with the department of water resources under the provisions of section 42-222, Idaho Code. After the effective date of this act, no person shall be authorized to change the period of use or nature of use, point of diversion or place of use of water unless he has first applied for and received approval of the department of water resources under the provisions of section 42-222, Idaho Code.

History:

[(42-108) R.S., sec. 3157; 1899, p. 380, sec. 11; reen. R.C. & C.L., sec. 3247; C.S., sec. 5563; I.C.A., sec. 41-108; am. 1943, ch. 53, sec. 1, p. 101; am. 1947, ch. 80, sec. 1, p. 130; am. 1969, ch. 303, sec. 1, p. 905; am. 1981, ch. 147, sec. 1, p. 253; am. 1986, ch. 313, sec. 1, p. 764.]
Idaho Code § 42-204A — Idaho Code / Title 42 / Chapter 2 / Section 42-204A
42-204A APPROPRIATION OF GROUND WATER FOR SUPPLEMENTAL IRRIGATION USE.
Status: in_force

42-204A. APPROPRIATION OF GROUND WATER FOR SUPPLEMENTAL IRRIGATION USE. (1) The intent of this section is to conserve ground water resources and secure the maximum use and benefit from surface water resources in Idaho by requiring that permits to appropriate ground water to irrigate land with surface water rights for irrigation be conditioned to require use of available surface water as the primary irrigation supply and use of ground water as a supplemental water supply when surface water is not available. Surface water rights include decreed, licensed, claimed, or permitted water rights diverted from surface sources, such as springs, streams, rivers, drains, or lakes.

(2) When the department of water resources receives an application to appropriate ground water, as defined in section 42-230(a), Idaho Code, for irrigation purposes, it shall determine whether the proposed place of use:

(a) Has appurtenant surface water rights for irrigation purposes; or

(b) Is entitled to distribution of surface water from an irrigation district, canal company, ditch users association, or other water delivery entity for irrigation purposes and whether the entity's distribution system is capable of delivering the water to the land.

(3) When the department finds the proposed place of use meets the criteria of subsection (2) of this section and the requirements of section 42-203A(5), Idaho Code, have been met, the department shall condition the permit for irrigation from ground water to:

(a) Require use of all surface water rights identified in subsection (2) of this section when irrigating the proposed place of use and limit the use of ground water to those times when the surface water supply is not reasonably sufficient to irrigate the place of use or is not available due to drought, curtailment by priority, or the seasonal startup and shutoff or maintenance schedules for surface water deliveries; and

(b) Prohibit the diversion and use of ground water for irrigation purposes if use of surface water is intentionally discontinued or reduced or is not deliverable due to nonpayment of annual assessments levied by the water delivery entity.

(4) The department may elect to not condition a permit pursuant to subsection (3) of this section if the department finds that:

(a) The appurtenant surface water rights for irrigation are not distributed by a water delivery entity identified by subsection (2)(b) of this section and the applicant demonstrates that the use of surface water for irrigation is not necessary to protect the local public interest or to conserve water resources in the state of Idaho; or

(b) The application is submitted in connection with a proposed or approved mitigation plan or ground water management plan that allows the diversion of ground water to irrigate land with appurtenant surface water rights.

(5) This section, and any determinations by the department concerning the appropriation of ground water as provided in this section, shall be binding upon the applicant and the applicant's successors and assigns in any proceedings before all other state and local governmental entities.

History:

[42-204A, added 2023, ch. 97, sec. 1, p. 292.]
Idaho Code § 42-2802 — Idaho Code / Title 42 / Chapter 28 / Section 42-2802
42-2802 ENLARGEMENT OF EXISTING WORKS — PURCHASE AND COMPLETION OF INCOMPLETE WORKS — PURCHASE AND COMPLETION OF PAYMENTS ON PARTIALLY PAID STORAGE RIGHTS.
Status: in_force

42-2802. Enlargement of existing works — Purchase and completion of incomplete works — Purchase and completion of payments on partially paid storage rights. The board of county commissioners may enlarge, improve or extend existing reservoirs, canals and other irrigation and drainage works to provide for the irrigation or drainage of additional lands in such county, or to improve the water supply or drainage for such lands, and may contract with the owners of existing irrigation or drainage works to provide for such enlargement, improvement or extensions, and may purchase and complete incomplete irrigation or drainage works and may purchase assignments of partially paid reservoir or storage rights and the assignment of such contracts, and may complete payment thereon and acquire such storage and reservoir rights for the reclamation or more complete irrigation of lands in such county, and in so doing shall proceed in similar manner as in the case of entirely new works but subject to the same condition as to approval of the bond issue by the electors of the county.

History:

[(42-2802) 1921, ch. 222, sec. 2, p. 492; I.C.A., sec. 41-2402.]
Idaho Code § 42-237a — Idaho Code / Title 42 / Chapter 2 / Section 42-237a
42-237a POWERS OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES.
Status: in_force

42-237a. Powers of the director of the department of water resources. In the administration and enforcement of this act and in the effectuation of the policy of this state to conserve its ground water resources, the director of the department of water resources in his sole discretion, is empowered:

a. To require all flowing wells to be so capped or equipped with valves that the flow of water can be completely stopped when the wells are not in use.

b. To require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of ground waters through leaky wells, casings, pipes, fittings, valves or pumps either above or below the land surface.

c. To prescribe uniform scientific methods to determine water levels in and calculate waters withdrawn from wells.

d. To go upon all lands, both public and private, for the purpose of inspecting wells, pumps, casings, pipes, and fittings, including wells used or claimed to be used for domestic purposes.

e. To order the cessation of use of a well pending the correction of any defect that the director of the department of water resources has ordered corrected.

f. To commence actions to enjoin the illegal opening or excavation of wells or withdrawal or use of water therefrom and to appear and become a party to any action or proceeding pending in any court or administrative agency when it appears to the director of the department of water resources that the determination of such action or proceeding might result in depletion of the ground water resources of the state contrary to the public policy expressed in this act.

g. To supervise and control the exercise and administration of all rights to the use of ground waters and in the exercise of this discretionary power he may initiate administrative proceedings to prohibit or limit the withdrawal of water from any well during any period that he determines that water to fill any water right in said well is not there available. To assist the director of the department of water resources in the administration and enforcement of this act, and in making determinations upon which said orders shall be based, he may establish a ground water pumping level or levels in an area or areas having a common ground water supply as determined by him as hereinafter provided. Water in a well shall not be deemed available to fill a water right therein if withdrawal therefrom of the amount called for by such right would affect, contrary to the declared policy of this act, the present or future use of any prior surface or ground water right or result in the withdrawing of the ground water supply at a rate beyond the reasonably anticipated average rate of future natural recharge. However, the director may allow withdrawal at a rate exceeding the reasonably anticipated rate of future natural recharge if the director finds it is in the public interest and if it satisfies the following criteria:

1. A program exists or likely will exist which will increase recharge or decrease withdrawals within a time period acceptable to the director to bring withdrawals into balance with recharge.

2. Holders of senior rights to use ground water will not be caused thereby to pump water from below the established reasonable pumping level or levels.

In connection with his supervision and control of the exercise of ground water rights the director of the department of water resources shall also have the power to determine what areas of the state have a common ground water supply and whenever it is determined that any area has a ground water supply which affects the flow of water in any stream or streams in an organized water district, to incorporate such area in said water district; and whenever it is determined that the ground water in an area having a common ground water supply does not affect the flow of water in any stream in an organized water district, to incorporate such area in a separate water district to be created in the same manner provided for in section 42-604 of title 42, Idaho Code. The administration of water rights within water districts created or enlarged pursuant to this act shall be carried out in accordance with the provisions of title 42, Idaho Code, as the same have been or may hereafter be amended, except that in the administration of ground water rights either the director of the department of water resources or the watermaster in a water district or the director of the department of water resources outside of a water district shall, upon determining that there is not sufficient water in a well to fill a particular ground water right therein by order, limit or prohibit further withdrawals of water under such right as hereinabove provided, and post a copy of said order at the place where such water is withdrawn; provided, that land, not irrigated with underground water, shall not be subject to any allotment, charge, assessment, levy, or budget for, or in connection with, the distribution or delivery of water.

h. To order the installation and maintenance of approved measuring devices consistent with the purposes of section 42-701, Idaho Code.

History:

[42-237a, 1951, ch. 200, sec. 15, as added by 1953, ch. 182, sec. 8, p. 277; am. 1977, ch. 258, sec. 1, p. 757; am. 1987, ch. 347, sec. 5, p. 745; am. 1994, ch. 430, sec. 2, p. 1390; am. 1994, ch. 450, sec. 3, p. 1436.]
Idaho Code § 42-2939 — Idaho Code / Title 42 / Chapter 29 / Section 42-2939
42-2939 GENERAL POWERS OF DISTRICT.
Status: in_force

42-2939. General powers of district. All drainage districts organized under the provisions of this chapter shall have the right of eminent domain, with power by and through their boards of commissioners to cause to be condemned and appropriated private property for the use of said corporation in the construction and maintenance of a system of drainage, and to make just compensations therefor, to employ engineers, and such other assistants as may be necessary; to survey, plan, locate and estimate the cost of the works necessary for the reclamation of the lands of the district; to acquire and to hold by purchase, condemnation or other legal means, the right of way and the right to take material for the construction of all works necessary for the accomplishment of that object; to build and maintain drains, canals, sluices, bulkheads, water gates, levees and embankments; to establish and maintain pumping plants and to construct and maintain and keep in repair all works requisite and necessary to the end that the lands in the district may be reclaimed.

For the purpose of the drainage of any such district, the whole or any portion of any natural water course, or river, which drains such district, may be diked, improved, enlarged, widened, deepened or straightened, or any natural obstruction may be removed therefrom.

Said board of drainage commissioners shall have power to provide by contract for the performance and payment of all or any portion of the work requisite or necessary for the drainage of the lands included within the limits of such district, or to enter into any contract whereby all or any portion of the cost of such work shall be paid, assumed or undertaken by such district, and to do all things requisite or necessary for the drainage of said lands.

Work for the drainage of said lands may be performed either entirely or partly within the limits of such district, or of the county in which such district is located, or entirely or partly within or without the boundaries of any other county, state, territory or foreign country: provided, that the property of private corporations may be subjected to the same rights of eminent domain as that of private individuals: provided further, that the said board of commissioners shall have power to acquire by purchase all the real property necessary to make the improvements herein provided for.

History:

[(42-2939) 1913, ch. 16, sec. 33, p. 58; reen. C.L. 168:36; C.S., sec. 4530; I.C.A., sec. 41-2539.]
Idaho Code § 42-2976 — Idaho Code / Title 42 / Chapter 29 / Section 42-2976
42-2976 PAYMENT OF BONDS AFTER DEFAULT.
Status: in_force

42-2976. Payment of bonds after default. All bonds hereafter issued by any drainage distrct in the state of Idaho, whether original issue, funding or refunding, shall be governed by the provisions of this act in regard to the payment thereof after default as hereafter provided.

History:

[42-2976, added 1935, ch. 54, sec. 1, p. 102.]
Idaho Code § 42-4227 — Idaho Code / Title 42 / Chapter 42 / Section 42-4227
42-4227 APPEAL.
Status: in_force

42-4227. Appeal. An appeal shall lie from a decision of the board of directors denying the petition or any part thereof to the district court of the county where the water user or water users are located. The appeal shall be taken in the same manner as appeals are taken from the board of county commissioners. If the district court excludes the water user or water users, or any of them, the time of exclusion shall date from the time of the hearing before the board of directors. The order of the district court excluding a water user or water users shall reflect the nature of any outstanding and/or continuing liabilities to which each water user so excluded shall remain subject under the provisions of section 42-4228, Idaho Code.

History:

[42-4227, added 1978, ch. 293, sec. 1, p. 739.]
Idaho Code § 42-1306 — Idaho Code / Title 42 / Chapter 13 / Section 42-1306
42-1306 LATERALS — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS.
Status: in_force

42-1306. LATERALS — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS. (1) Water users shall keep their laterals in good condition for carrying and distributing water.

(2) A water delivery organization may send written notices to water users or a lateral water users' association specifying any lateral maintenance deficiencies and a reasonable time to remedy the deficiencies. The water delivery organization may refuse delivery of water for failure of the water users or lateral water users' association to adequately maintain any lateral pursuant to the water delivery organization's notice.

(3) Water users or a lateral water users' association who neglect or refuse to perform the duties imposed on them by this section shall have no cause of action, including damages, against the water delivery organization for failure to deliver or distribute water to the lateral.

(4) The operation, improvement, repair, and maintenance of any lateral shall be under the direction of the association's board of directors. The board, with the lateral manager, shall examine laterals with maintenance deficiencies and prepare an estimate of the total cost to repair, operate, and maintain the lateral so that water can be properly delivered to the association's water users during the succeeding irrigation season. Such total costs, plus compensation for the board members and lateral manager, shall be assessed to each water user either:

(a) In the proportion which the quantity of water the water user is entitled to receive from the lateral or laterals bears to the total quantity of water which all lateral water users' association water users are entitled to receive; or

(b) If the water user's land consists of a lot or lots within a city or village, then the assessment may be made on the basis of each lot, the same to be uniform on lots of the same size.

History:

[42-1306, added 2026, ch. 112, sec. 19, p. 572.]
Idaho Code § 42-4415 — Idaho Code / Title 42 / Chapter 44 / Section 42-4415
42-4415 VACANCIES.
Status: in_force

42-4415. Vacancies. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one (1) or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the remaining commissioners and said appointee shall serve for the unexpired term or until his successor is elected.

History:

[42-4415, added 1990, ch. 396, sec. 1, p. 1112.]
Idaho Code § 42-3128 — Idaho Code / Title 42 / Chapter 31 / Section 42-3128
42-3128 EXCLUSION OF A DIVISION — DISBURSEMENT OF ASSETS AND LIABILITIES.
Status: in_force

42-3128. Exclusion of a division — Disbursement of assets and liabilities. The distribution of assets and liabilities made necessary by the exclusion of a division from a flood control district pursuant to section 42-3127, Idaho Code, shall be established by decree of the district court. In order to establish the distribution of assets and liabilities between the remaining district and the excluded division, the court may consider the director's findings and recommendations, county tax records and district records.

History:

[42-3128, added 1984, ch. 240, sec. 2, p. 587.]
Idaho Code § 42-701 — Idaho Code / Title 42 / Chapter 7 / Section 42-701
42-701 INSTALLATION AND MAINTENANCE OF CONTROLLING WORKS AND MEASURING DEVICES BY WATER APPROPRIATORS — PROCEDURE UPON FAILURE TO INSTALL AND MAINTAIN — MEASURING AND REPORTING OF DIVERSIONS — PENALTY FOR FAILURE TO COMPLY — ENFORCEMENT PROCEDURE — REPORT FILING FEE.
Status: in_force

42-701. Installation and maintenance of controlling works and measuring devices by water appropriators — Procedure upon failure to install and maintain — Measuring and reporting of diversions — Penalty for failure to comply — Enforcement procedure — Report filing fee. (1) The appropriators or users of any public waters of the state of Idaho shall maintain to the satisfaction of the director of the department of water resources suitable headgates and controlling works at the point where the water is diverted. Each device shall be of such construction that it can be locked and kept closed by the watermaster or other officer in charge, and shall also be of such construction as to regulate the flow of water at the diversion point. Each such appropriator shall construct and maintain, when required by the director of the department of water resources, a rating flume or other measuring device at such point as is most practical in such canal, ditch, wellhead or pipeline for the purpose of assisting the watermaster or department in determining the amount of water that may be diverted into said canal, ditch, wellhead or pipeline from the stream, well or other source of public water. Plans for such headgates, rating flumes or other measuring devices shall be approved by the department of water resources.

(2) If an appropriator determines that installation and maintenance of a measuring device required by the director would be burdensome for his diversion, the appropriator may, upon approval of the director, execute an agreement with the director and submit to the director such information and technical data concerning the diversion and pumping facilities as the director determines necessary to establish the relationship of power usage to water withdrawal by any pump used to divert public water.

(3) Any appropriator or user of the public waters of the state of Idaho that neglects or refuses to construct or maintain such headgates, controlling works, or measuring devices, or has not executed an agreement in lieu of a measuring device as provided in subsection (2) of this section, upon receiving ten (10) days' notice from the director of the department of water resources within which to begin and diligently pursue to completion the construction or installation of the required device or devices or to begin and diligently pursue to completion a remedy to such defects as exist in accordance with said notice, then the director of the department of water resources may order the duly qualified and acting watermaster of the water district to shut off and refuse to deliver at the point of diversion, the water owned by such appropriator or user until the user does construct and maintain such headgates, controlling works or measuring devices or remedy the defects which exist or the director may take action pursuant to section 42-1701B, Idaho Code, to enforce the requirement to construct, install or maintain such devices.

(4) The appropriators or users of the public waters of the state of Idaho shall be given a reasonable time within which to complete construction of such headgates, controlling works or measuring devices, depending upon the size and extent thereof, when due diligence has been used in the prosecution of such work.

(5) All appropriators of the public waters of the state of Idaho who are given thirty (30) days' written notice by the director prior to the beginning of the irrigation season but no later than March 15 of any year, shall measure their water diversions and report said diversions annually thereafter on a form approved by the director of the department of water resources. Such report shall include: a legal description of the point of diversion, the number assigned to each water right diverting from the public waters of the state, the maximum authorized rate of diversion, the maximum rate at which diversions have been made during the reporting period, the total volume diverted during the reporting period, and a description of the physical changes to the diversion works that have been made during the reporting period. The appropriator shall furnish each year the depth to water in any well prior to commencement of pumping, the depth to water during the pumping period, and the pressure in the pipe distribution system during diversion if the well is not free flowing. When the director of the department of water resources determines that any person is in substantial violation of any provision of this section or any rule, permit, condition of approval or order issued or promulgated pursuant to this section, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Subsections (5) and (6) of this section shall not apply to:

(a) any appropriator or water user with respect to a water right included in an active water district created pursuant to chapter 6, title 42, Idaho Code, the annual report of which meets the reporting requirements of section 42-708, Idaho Code;

(b) any irrigation district or ground water district having shown to the satisfaction of the director that they are currently making and recording sufficient measurements of their diversions with measuring methods acceptable to the director and upon their agreement to provide an annual report of their diversions to the director in substantially the same form as required in section 42-708, Idaho Code; and

(c) any water right included in an active water measurement district created pursuant to this chapter.

(6) The director of the department of water resources shall collect a report processing fee of twenty-five dollars ($25.00) per diversion required to be reported, including those diversions covered by an agreement in lieu of a measuring device as provided in subsection (2) of this section. Such fee shall be submitted with the annual report of diversions and well data. All such fees received by the department shall be deposited in the water administration account created pursuant to section 42-238a, Idaho Code, for use by the department to collect, analyze and report water use information and to regulate water withdrawal and use.

(7) All domestic uses, as defined in section 42-111, Idaho Code, and all stock watering uses, as defined in section 42-1401A, Idaho Code, shall be exempt from the measuring device installation and maintenance, measuring and reporting requirements of this section.

History:

[(42-701) 1899, p. 223, sec. 31; reen. R.C., sec. 3282; am. 1913, ch. 68, p. 305; am. 1915, ch. 34, sec. 16, p. 111; am. 1917, ch. 53, part of sec. 1, p. 122; reen. C.L., sec. 3282; C.S., sec. 5616; am. 1927, ch. 69, sec. 2, p. 85; I.C.A., sec. 41-601; am. 1994, ch. 430, sec. 1, p. 1388; am. 1995, ch. 291, sec. 1, p. 1014; am. 1996, ch. 298, sec. 2, p. 978; am. 1997, ch. 374, sec. 1, p. 1193; am. 1998, ch. 173, sec. 6, p. 604.]
Idaho Code § 42-1409A — Idaho Code / Title 42 / Chapter 14 / Section 42-1409A
42-1409A AMENDMENT OF NOTICE OF CLAIMS — LATE NOTICE OF CLAIMS.
Status: in_force

42-1409A. Amendment of notice of claims — Late notice of claims. (1) A claimant may amend a notice of claim or file a late notice of claim at any time prior to the final date for filing notices of claim in the notice of second round service as provided in subsection (4) of section 42-1408, Idaho Code.

(2) A claimant may amend the name and address of a claimant at any time.

(3) A claimant may amend a notice of claim or file a late notice of claim after the final date for filing notices of claims in the notice of second round service for good cause shown to the district court or the director.

(4) No amendments to a notice of claim or late notices of claim shall be allowed except as authorized in subsection (1), (2) or (3) of this section.

History:

[42-1409A, added 1994, ch. 454, sec. 16, p. 1460.]
Idaho Code § 42-1764 — Idaho Code / Title 42 / Chapter 17 / Section 42-1764
42-1764 SUBSTITUTION FOR TRANSFER PROCEEDING — RIGHTS NOT SUBJECT TO FORFEITURE — NO DEDICATION OF RIGHTS.
Status: in_force

42-1764. Substitution for transfer proceeding — Rights not subject to forfeiture — No dedication of rights. (1) The approval of a rental of water from the water supply bank may be a substitute for the transfer proceeding requirements of section 42-222, Idaho Code.

(2) Water rights obtained by the board or by a local committee appointed by the board and credited to the water supply bank are not subject to forfeiture for nonuse pursuant to section 42-222(2), Idaho Code, while retained in or rented from the water supply bank. The five (5) year period of nonuse for forfeiture of a water right shall begin to run anew upon removal of a right from the bank.

(3) The rental of water rights from the water supply bank shall not constitute a dedication to the lands of any renter since the rental or distribution of water by the water bank is only incidental to its primary purposes listed in section 42-1761, Idaho Code.

History:

[42-1764, added 1979, ch. 193, sec. 4, p. 561; am. 1990, ch. 318, sec. 3, p. 869; am. 2025, ch. 149, sec. 1, p. 732.]
Idaho Code § 42-2918 — Idaho Code / Title 42 / Chapter 29 / Section 42-2918
42-2918 ALTERATION OF BOUNDARIES.
Status: in_force

42-2918. Alteration of boundaries. If the commissioners find that the proposed district, as described in the petition filed, will not embrace all of the lands that will be benefited by the proposed work, or that it will include lands that will not be benefited and not necessary to be included in said district for any purpose, they may extend or contract the boundaries of the proposed district so as to include or exclude all such lands, as the case may be; and the boundaries adopted and reported by them may, upon the hearing of their report as hereinafter provided, upon their application or that of any person interested, be altered by the court in such manner as shall appear to be just: provided, the alteration of boundaries as aforesaid shall not have the effect of so far enlarging or contracting the proposed district as to render such petition void or dismissable.

History:

[(42-2918) 1913, ch. 16, part of sec. 12, p. 58; reen. C.L. 168:16; C.S., sec. 4509; I.C.A., sec. 41-2518.]
Idaho Code § 42-5218B — Idaho Code / Title 42 / Chapter 52 / Section 42-5218B
42-5218B NOTICE OF ELECTION.
Status: in_force

42-5218B. Notice of election. The secretary of the district shall give notice of all elections in the district by posting the same in five (5) public places in each county in which a part of the district is situated and in the office of the board of directors at least four (4) weeks before the day of such election, or by publication of the notice once a week for four (4) successive weeks in a newspaper or newspapers published in each of said counties or in a newspaper of general circulation therein. Notices shall state the time of the election and the location of polling places within the district and the directors to be elected or other question to be voted upon, as the case may be.

History:

[(42-5218B) 42-5220, added 1995, ch. 290, sec. 1, p. 992; am. and redesig. 2005, ch. 367, sec. 6, p. 1160.]
Idaho Code § 42-2206 — Idaho Code / Title 42 / Chapter 22 / Section 42-2206
42-2206 FORECLOSURE PROCEEDINGS RELATE ONLY TO WATER OR WATER RIGHTS.
Status: in_force

42-2206. Foreclosure proceedings relate only to water or water rights. In the event that the owner or holder or occupant of the premises upon which water has been purchased or contracted for, has not, at the time of the filing of the claim of lien provided for in section 42-2203, received title to the premises so occupied or held by him, and liens are filed as provided for in this chapter, the proceedings for foreclosure herein provided for shall relate only to the said water or water rights and the said water or water rights shall be sold in like manner as if title to the premises had been acquired by the holder or occupant of said land, or the owner or holder of the said water right or water appurtenant to said land.

History:

[(42-2206) 1919, ch. 115, sec. 2, p. 402; C.S., sec. 3045; I.C.A., sec. 41-1906.]
Idaho Code § 42-3914 — Idaho Code / Title 42 / Chapter 39 / Section 42-3914
42-3914 BOARD TO ESTABLISH STANDARDS.
Status: in_force

42-3914. Board to establish standards. The provisions of this chapter shall not prevent the present or future use of any existing or proposed injection well which is used exclusively for disposal of irrigation waste water or of surface runoff water where such disposal does not adversely affect drinking water sources, and state or local government entities involved in highway and street construction and maintenance shall be exempt from fees and permit applications for shallow injection wells. The water resource board shall establish criteria and standards for the injection of fluids under the provisions of this chapter which shall not become valid and enforceable until adopted under provisions of the administrative procedures act, chapter 52, title 67, Idaho Code.

History:

[42-3914, added 1971, ch. 301, sec. 14, p. 1235; am. 1974, ch. 20, sec. 49, p. 577; am. 1984, ch. 155, sec. 15, p. 379.]
Idaho Code § 42-2210 — Idaho Code / Title 42 / Chapter 22 / Section 42-2210
42-2210 INTERPRETATION.
Status: in_force

42-2210. Interpretation. This chapter shall not be held to affect the rights of any person, corporation, company or association of persons to charge or collect tolls, charges or assessments to which it may be otherwise entitled; nor the right of a corporation to make assessments upon its stock according to law; nor the obligation of a stockholder or member of any corporation or association otherwise created; nor any other lien or right of lien given by the laws of this state, or otherwise.

History:

[(42-2210) 1913, ch. 120, sec. 9, p. 466; reen. C.L. 129:10; C.S., sec. 3049; I.C.A., sec. 41-1910.]
Idaho Code § 42-1419 — Idaho Code / Title 42 / Chapter 14 / Section 42-1419
42-1419 ENTRY OF AN ORDER COMMENCING A GENERAL ADJUDICATION ON A SPECIAL DOCKET — CONSTRUCTIVE NOTICE — FILING OF CERTIFIED COPY OF ORDER IN OTHER COUNTIES.
Status: in_force

42-1419. Entry of an order commencing a general adjudication on a special docket — Constructive notice — Filing of certified copy of order in other counties. (1) The clerk of the district court shall enter an order commencing a general adjudication on a special docket for water right adjudications in addition to any other district court record.

(2) From the time of docketing and not before, any order commencing a general adjudication is constructive notice of the contents thereof, within the county in which the order is docketed, to subsequent purchasers and mortgagees.

(3) The director shall file a true and certified copy of any order commencing a general adjudication with the district court for each county of this state where the water system to be adjudicated is located. The clerk of the district court shall file and docket the same as provided in subsection (1) of this section. From the time of such docketing and not before, the order so docketed is constructive notice of the contents thereof within the county in which the order is docketed to subsequent purchasers and mortgagees.

History:

[42-1419, added 1986, ch. 220, sec. 19, p. 579.]